Agenda packet, special meeting, second session — Palo Alto City Council, September 28, 2026 (part 1 of 3)

CITY COUNCIL
Special Meeting
Monday, September 28, 2026
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
City Council meetings will be held as “hybrid” meetings with the option to attend virtually or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Translation services are available upon request at least 24 hours before the meeting. The meeting will be broadcast on Cable TV Channel 76, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.

VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900-6833

PUBLIC COMMENTS
Public Comment for items not on the agenda will be accepted for up to 1-3 minutes or an amount of time determined by the Chair. In-person comments will be heard at the beginning of the agenda and remote comments will be heard at the end of the agenda. In-person general public comment will be heard for 30 minutes. Additional in-person public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to 3 minutes or an amount of time determined by the Chair.

Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Multiple individuals wishing to speak on the same item may designate a spokesperson. Spokespeople must be representing 5 or more verified individuals who are present in person or via Zoom. Spokespeople are allowed up to 10 minutes, at the discretion of the Chair. Speaking time may be reduced if the Chair reduces the speaking time for individual speakers. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours before the meeting. Once received, the Clerk will share them at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that:
sticks, posts, poles or similar/other type of handle objects are strictly prohibited; the items do not create a facility, fire, or safety hazard; and persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.

TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, change the order of items and/or continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. 1 September 28, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.

CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 - 5:45 PM)

1. Caltrain Presentation of Framework for a ”No External Funding Scenario”. CEQA Status – Not a Project Item Removed Off Agenda

2. Review Applications and Select Candidates to Interview for the Human Relations Commission (HRC), Planning and Transportation Commission (PTC), and Stormwater Management Oversight Committee (SWMOC) Vacancies; CEQA Status – Not a Project Supplemental Report added
CLOSED SESSION (5:45 - 6:15 PM)

3. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Significant exposure to litigation
Authority: Government Code Section 54956.9(d)(2)
Number of potential cases: 1, as Defendant

AGENDA CHANGES, ADDITIONS AND DELETIONS
IN-PERSON PUBLIC COMMENT (6:15 - 6:45 PM)
Members of the public may speak to any item NOT on the agenda. 1-3 minutes depending on number of speakers. In-person comments will be heard at the beginning of the agenda and remote comments will be heard at the end of the agenda. In-person Public Comment is limited to 30 minutes. Additional in-person public comments, if any, will be heard at the end of the agenda.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:45 - 6:55 PM) Members of the public may not speak to the item(s).

CONSENT CALENDAR (6:55 - 7:00 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

4. Approval of Minutes from August 19, September 9, and September 14, 2026 Meetings

5. Approval of a Letter of Intent with Maker Nexus for collaboration on a long-term publicprivate partnership for a new multi-generational makerspace at the Cubberley site; CEQA status - Mitigated Negative Declaration Approved on May 19, 2026.

6. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $211,000 and a Budget Amendment in the Supplemental Law 2 September 28, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.

Enforcement Services Fund for revenue and municipal police service expenses; CEQA status – not a project.

7. Approval of a Term Sheet with Friends of the Recreation Wellness Center to Advance a Public-Private Partnership for a New Recreation Wellness Center at the Cubberley Site; CEQA status – Mitigated Negative Declaration Approved on May 19, 2026.

8. Approval of a Professional Services and SaaS Agreement C27195677 with TruePoint Solutions, LLC DBA GovPath for an Amount Not-to-Exceed $3,486,301 for the Licensing, Maintenance, and Support of the City’s Building Permitting System on the Accela Platform for a Period of Five Years; CEQA Status - Not a Project.

9. Approval of Professional Services Contract No. C27197334 with Cascadia Consulting Group, Inc. for a Waste Characterization Study of the City’s Municipal Solid Waste Stream in an Amount Not-to-Exceed $270,233; CEQA Status – Exempt under CEQA Guidelines Sections 15061, 15262

10. Approval of Contract Amendment Number 2 to Contract C21181846 with CAD Masters, Inc. in the Amount of $420,000 for a total not to exceed $2,370,000 for Continued Support of Utility Engineering Systems and Applications through August 2, 2029 (a total of 8 years); CEQA Status: Not a Project Under CEQA Guidelines Section 15378

11. Approval of Amendment No. 4 to Contract No. C20176877 with Schaaf & Wheeler Consulting Civil Engineers to Extend the Contract Term Through June 30, 2027 for the Corporation Way System Upgrades and Pump Station (SD-21000), West Bayshore Road Pump Station (SD-20000), and West Bayshore Trunk Line Improvements (SD-23000) Projects; CEQA Status - Exempt Under CEQA Guidelines Section 15301

12. 706 Cowper Street [26PLN-00144]. Council Preliminary Review for Comprehensive Plan Land Use Plan Map Amendment to Allow an Approximately 400 Square Foot Commercial Addition to a Category 1 Historic Resource in the Multiple-Family Residential Land Use Designation. CEQA Status: Not a Project.

13. QUASI-JUDICIAL. 3200 Park/340 Portage: Final Map and Street Naming [26PLN-00009]:

Request for a Final Map to Subdivide One Existing 3.92-Acre Parcel for Condominium Purposes, Consistent with the Approved Development Agreement, and to Name the New Private Streets. Zone District: PC 5597. CEQA Status: Council Adopted Resolution 10123 Certifying the EIR for the Project on September 12, 2023 (SCH # 2021120444). 3 September 28, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.

CITY MANAGER COMMENTS (7:00 - 7:10 PM)
BREAK (15 MINUTES)
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

ACTION ITEMS (7:25 - 9:25 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.

14. Direction to advance the Locally Preferred Alternatives for Grade Separation at Churchill Avenue, Meadow Drive, and Charleston Road crossings to 35% design and environmental documentation. CEQA Status – Statutorily Exempt.

VIRTUAL PUBLIC COMMENT
Members of the public may speak to any item NOT on the agenda. 1-3 minutes depending on number of speakers. In-person comments will be heard at the beginning of the agenda and remote comments will be heard at the end of the agenda. In-person Public Comment is limited to 30 minutes. Additional in-person public comments, if any, will be heard at the end of the agenda.

ADJOURNMENT

INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action or discussion during this meeting’s agenda.

A. Monthly Investment Report - August 2026 (Unaudited)
B. Conflict of Interest Code 2026 Local Agency Biennial Notice; CEQA Status – Not a Project

OTHER INFORMATION
Standing Committee Meetings this week
City Council Meeting September 30, 2026
Climate Action & Sustainability Committee October 2, 2026 Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL \ AMENDED AGENDA ITEMS

1. Caltrain Presentation of Framework for a ”No External Funding Scenario”. CEQA Status – Not a Project Item Removed Off Agenda
4 September 28, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.

PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoombased meeting. Please read the following instructions carefully. ◦ You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
◦ You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
◦ When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
◦ When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council.

You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.

CLICK HERE TO JOIN Meeting ID: 362-027-238 Phone: 1-669-900-6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
5 September 28, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.

California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments.
6 September 28, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.

City Council
Staff Report
From: City Manager
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: Transportation
Meeting Date: September 28, 2026
Report #:2608-6628
TITLE
Caltrain Presentation of Framework for a ”No External Funding Scenario”. CEQA Status – Not a Project

EXECUTIVE SUMMARY
Caltrain staff will provide an overview of the adopted framework for addressing a scenario in which there is no external funding for its operations. This includes the guiding principles that would shape evaluation of potential service and operational changes and the process for developing contingency scenarios. The framework emphasizes maintaining safety, complying with regulatory requirements, minimizing operating and maintenance costs, maximizing ridership and revenue opportunities, and preserving equitable access to the rail system. Potential measures to be evaluated include changes to service frequency and span, station or segment closures, reductions in maintenance activities, staffing adjustments, and opportunities to generate additional revenue.

The presentation is intended to inform the Board of the planning process and the potential implications for Caltrain service should a sustainable external funding source not be secured."

BACKGROUND
Caltrain continues to face a structural operating funding gap beginning in Fiscal Year 2028 absent a new, ongoing external revenue source. While the agency has implemented significant cost-saving measures, seen significant ridership increases, increased non-fare revenues, and benefited from one-time bridge funding, current projections indicate that these actions alone are insufficient to sustain existing levels of service over the long term. As a result, the Caltrain Board of Directors adopted a framework in June 2026 to guide development of a "No External Funding Scenario" that will inform future budget and service planning should additional funding not materialize.

ENVIRONMENTAL REVIEW
This report is for informational purposes only with no action required by the Council and therefore is not a project subject to environmental review under the California Environmental Quality Act.

APPROVED BY: Ria Hutabarat Lo, Chief Transportation Official Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 1 Packet Pg. 7 of 342
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: September 28, 2026
Report #:2609-6803
TITLE
Review Applications and Select Candidates to Interview for the Human Relations Commission (HRC), Planning and Transportation Commission (PTC), and Stormwater Management Oversight Committee (SWMOC) Vacancies; CEQA Status – Not a Project

RECOMMENDATION
Staff recommends that the City Council review applications and select the following number of candidates to interview:
• Up to 8 candidates for HRC
• Up to 6 candidates for PTC
• Up to 6 candidates for SWMOC

BACKGROUND
City Council’s review and selection of candidates to interview for HRC, PTC, and SWMOC was deferred from the September 14, 2026 meeting to manage meeting capacity and extend HRC recruitment. Applications were published as part of the September 14, 2026 City Council agenda packet and are available online and linked in Attachment A.

An HRC member resigned effective immediately on 9/8/26. Staff re-opened HRC recruitment through September 16 to publicize the unscheduled vacancy and solicit additional applications.

The City Council will consider appointing a total of 3 HRC commissioners (2 full-term vacancies and 1 partial-term vacancy). Three additional applications were received and are included in Attachment B.

The City Council has established a process to select which applicants to interview for BCC vacancies, but has the discretion to adjust the selection method if it chooses. Councilmembers vote on candidates to interview, with each Councilmember allotted twice as many votes as vacancies. Candidates must receive at least two votes to be interviewed, and candidates receiving the top number of votes are interviewed. The number of candidates interviewed is based on the number of vacancies as follows:

Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 1 Packet Pg. 8 of 342
• Interview all candidates if there are 6 or fewer applicants • Interview up to 6 candidates when there are 1-2 vacancies • Interview up to 8 candidates when there are 3 vacancies • Interview up to 10 candidates when there are 4 vacancies

ANALYSIS
A summary of the openings, eligibility requirements, and term lengths for each vacancy are included below. In addition to the eligibility requirements below, no commissioners may be Councilmembers, officers, or employees of the City.

Human Relations Commission (HRC)
Number of Vacancies and
Term Dates
2 Full Term Vacancies (11/1/2026 – 10/31/2029)
1 Partial Term Vacancy (11/1/2025 – 10/31/2028)
Seat Numbers 1, 4 ,7
Number of Applicants 12 Total (9 in regular recruitment, 3 additional in extended) Number of Candidates to
Interview
Up to 8
Number of Votes per
Councilmember
6 Eligibility Requirements1 Palo Alto residency
Planning and Transportation Commission (PTC)
Number of Vacancies and
Term Dates
1 Partial Term Vacancy (4/1/2026 – 3/31/2030)
Seat Number 4
Number of Applicants 9
Number of Candidates to
Interview
Up to 6
Number of Votes per
Councilmember
2 Eligibility Requirements2 Palo Alto residency
1 Palo Alto Municipal Code Section 2.22.010 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0- 0-0-61320
2 Palo Alto Municipal Code Section 2.20.010 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0- 0-0-61282
Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 2 Packet Pg. 9 of 342
Stormwater Management Oversight Committee (SWMOC)
Number of Vacancies and
Term Dates
2 Full Term Vacancies (11/1/2026 - 10/31/2030)
Seat Number 2, 3
Number of Applicants 7
Number of Candidates to
Interview
Up to 6
Number of Votes per
Councilmember
4 Eligibility Requirements5 Each Committee member shall be a resident of Palo Alto, an employee of a business located in Palo Alto or an owner of real property within the City.

FISCAL/RESOURCE IMPACT
None.

STAKEHOLDER ENGAGEMENT
City staff publicized the recruitment through the following methods:
• Electronic distribution via the City’s Uplift Local community newsletter, City Clerk’s Office newsletter, City’s website, and City’s social media channels; • Physical posting and flyer distribution at City facilities, including libraries, community centers, and City Hall;
• Print and online ads in the Palo Alto Daily Post and Palo Alto Weekly; and • Outreach to previous applicants, community-based organizations and groups related to the commissions’ purview.

ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).

ATTACHMENTS
Attachment A: BCC Applications Published on 9/14/26
Attachment B: HRC Extended Recruitment Applications
APPROVED BY:

Mahealani Ah Yun, City Clerk
5 Resolution 10310 https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=897189&dbid=0&repo=PaloAlto Item 2
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Attachment A
Meeting Date: September 28, 206
Staff Report: 2609-6803
Boards, Commissions, Committees Applications
Applications were published in full as part of the September 14, 2026 City Council agenda packet. In order to reduce paper consumption, staff is providing links to the applications in lieu of re-printing them.
• HRC Applications
https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=9763a189- 8f8f-4c64-8164-3cd4b5b7ccb5
• PRC Applications
https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=b19da62e368b-47b7-a40a-d246222e7271 • PTC Applications
https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=d3dd947c7222-4c92-a689-5faf4e90f4d0 • PAC Applications
https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=47ceb645- 9ca4-430d-86ce-3d99805126b5
• SWMOC Applications
https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=4d4e030c1fdf-4a6c-8074-77a56d596df5 Item 2
Attachment A - BCC
Applications Published on
91426
Item 2: Staff Report Pg. 4 Packet Pg. 11 of 342
Human Relations Commission Application
Submitted on 16 September 2026, 1:07am
Receipt number 94
Related form version 17
Personal Information
Name Aji Oliyide
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident? Yes
Address
City Palo Alto
Postal Code 94303
Do you have any relatives or members of your household
who are employed by the City of Palo Alto, who are
currently serving on the City Council, or who are
Commissioners or Board Members?
No
Are you available and committed to complete the term
applied for?
Yes
Fair Political Practices
California state law requires board/commission members to file a disclosure of financial interests (Fair Political Practices Commission, Conflict of Interest, Form 700).

Do you/your spouse have an investment in, or do you or your spouse serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to:

1. Engage in business with the City;

2. Provide products or services for City projects; or

3. Be affected by decisions of this Board or Commission? No
1 of 4
Item 2
Attachment B - HRC
Extended Recruitment
Applications
Item 2: Staff Report Pg. 5 Packet Pg. 12 of 342
Excluding your principal residence, do you or your spouse own real property in Palo Alto?
No
How did you learn about the vacancy on the Human
Relations Commission?
Other: Commissioner Katie Causey
Consent to Publish Personal Information on the City of Palo Alto Website Read the code, and check only ONE option below: I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City’s website.

Personal and Job Experience
Occupation Director of AI Strategy and Operations at Sam's Club Please list your relevant education, training, experience, certificates of training, licenses, and professional
registration. If describing work experience, please include company/employer name and occupation.

I want to thank City Council as this is my second time applying to the Human Relations Commission, and I greatly appreciated the opportunity to interview during my 2025 application. I hold a B.S. in Mechanical Engineering from Georgia Tech and an MBA from Duke University’s Fuqua School of Business. I also completed MIT Professional Education’s Chief Operating Officer Program in 2025.

Professionally, I am Director of AI Strategy and Operations at Sam’s Club. Previously, I spent 10 years at Google, most recently as a Senior Technical Engineering Program Manager leading work in Cloud and AI, and earlier as an M&A Finance Integration Manager. Prior to Google, I held consulting and management roles at Deloitte and Accenture. My career has given me extensive experience in strategic planning, operations, technology, finance, program management, and cross-functional leadership.

Please describe your involvement in community activities, volunteer and civic organizations, including dates and any offices held.

My community involvement has focused on education, youth, the arts, and expanding opportunities for underserved communities. I currently serve on the Board of the Palo Alto Junior Museum and Zoo (2025–present) and on the Board of Trustees of
TheatreWorks Silicon Valley (2025–present). I previously served as Vice Chair of Global Glimpse (2022–2025), an organization that provides leadership and international learning opportunities for high school students from diverse backgrounds, and on the Board of Directors of San Francisco CASA (2017–2021), which advocates for children and youth in foster care. My volunteer service also includes work with a grassroots organization in Ghana through Globe Aware (2017) and a fundraising trek in Nepal supporting Voluntary Service Overseas (2011).

Application Questions

1. Why are you interested in serving on the Human
Relations Commission and what experience would you
bring to the position?
Having followed HRC and very familiar with the meetings I recognize the HRC is in a period where there are a majority of new commissioners. Having served extensively on nonprofit boards, including as a Vice Chair, I bring experience helping boards operate effectively—following Rosenberg's Rules keeping 2 of 4
Item 2
Attachment B - HRC
Extended Recruitment
Applications
Item 2: Staff Report Pg. 6 Packet Pg. 13 of 342
meetings focused, organized, and productive while ensuring different perspectives on sensitive issues feel heard.

My family has a deep love of Palo Alto, (my mother has resided here as well for 1.5+ year and I have a child in Palo Verde and one entering preschool soon). I understand that the commissioner who recently stepped down played an important role in the HRC’s ongoing discussions about youth mental health and the
experiences of families. As a parent of children in Palo Alto schools, I would bring a valuable firsthand perspective on the needs, challenges, and experiences of families.

2. Please describe an issue that recently came before the Commission that is of particular interest to you and
describe why you are interested in it.

Archived video meetings are available from the Midpen Media Center.

Like many Palo Altans, I am caring across generations: I have an aging mother and children in our local schools. I was particularly interested in the CEDAW Subcommittee’s recent audit of Palo Alto’s caregiving infrastructure, including childcare and adult care, and the HRC’s listening session on seniors and affordable housing. I am encouraged that the CEDAW work is already informing how the City considers unpaid caregiving and captures the experiences of caregivers in assessing community needs. I would be especially interested in helping translate the Commission’s findings into pragmatic policy recommendations.

For example the two areas highlighted in the senior housing listening session were exploring renter protections for those in their 70s or older who have been longtime residents and exploring what HOA fees could be reduced for seniors in BMR units.

3. If you are appointed, what specific goals would you like to see the Human Relations Commission achieve, and how
would you help in the process?
My goal would be to help ensure effective implementation of the JED report recommendations. As someone with extensive board experience, I am confident I can step into the Commissioner role quickly and contribute from the outset. I understand how effective boards operate, work within established procedures, and keep discussions organized, inclusive, and focused on actionable outcomes. I also bring significant nonprofit experience serving vulnerable young people. For four years, I served on the Board of Directors of San Francisco CASA, which advocates for children and youth in foster care and helps ensure they have consistent, trusted adults in their lives. That experience directly connects to themes in the JED report: creating pathways to trusted adults, helping families navigate systems of support, empowering youth, and ensuring young people's voices meaningfully inform decisions that affect them.

4. Human Relations Commission Members work with the
documents listed below. If you have experience with any of these documents, please describe that experience.

Experience with these documents is not required for
selection.

Human Services Needs Assessment (2024)
Muni Code 9.72 – Mandatory Response Program
Community Services Element of the Comprehensive Plan (2017) While I have not yet worked directly with these specific City documents, their focus aligns closely with skills I have developed throughout my professional and nonprofit leadership experience.

My work at Sam’s Club, Google, Deloitte, and Accenture has required me to analyze complex data and policies, identify gaps and priorities, and translate findings into actionable
recommendations. My nonprofit board service has similarly required thoughtful review of community needs, organizational policies, and strategic plans. If appointed, I would bring that analytical and governance experience to understanding the Human Services Needs Assessment, Mandatory Response
Program, and Community Services Element, and to applying them thoughtfully in the HRC’s recommendations to the City Council. 3 of 4
Item 2
Attachment B - HRC
Extended Recruitment
Applications
Item 2: Staff Report Pg. 7 Packet Pg. 14 of 342
If you'd like to provide any additional documents, please upload below.

Please confirm that you have read the Boards and
Commissions Handbook.

View the Boards and Commissions Handbook.

Yes
Signature Name of signatory: Aji Oliyide
Link to signature
Date Completed 09/16/2026
4 of 4
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Attachment B - HRC
Extended Recruitment
Applications
Item 2: Staff Report Pg. 8 Packet Pg. 15 of 342
Human Relations Commission Application
Submitted on 16 September 2026, 4:12pm
Receipt number 95
Related form version 17
Personal Information
Name Sunny Dykwel
Cell Phone Number 6504006960
Home Phone Number
Email Address [email protected]
Are you a Palo Alto resident? Yes
Address 480 Gary Ct
City Palo Alto
Postal Code 94306
Do you have any relatives or members of your household
who are employed by the City of Palo Alto, who are
currently serving on the City Council, or who are
Commissioners or Board Members?
No
Are you available and committed to complete the term
applied for?
Yes
Fair Political Practices
California state law requires board/commission members to file a disclosure of financial interests (Fair Political Practices Commission, Conflict of Interest, Form 700).

Do you/your spouse have an investment in, or do you or your spouse serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to:

1. Engage in business with the City;

2. Provide products or services for City projects; or

3. Be affected by decisions of this Board or Commission? No
1 of 3
Item 2
Attachment B - HRC
Extended Recruitment
Applications
Item 2: Staff Report Pg. 9 Packet Pg. 16 of 342
Excluding your principal residence, do you or your spouse own real property in Palo Alto?
No
How did you learn about the vacancy on the Human
Relations Commission?
Community Group
Consent to Publish Personal Information on the City of Palo Alto Website Read the code, and check only ONE option below: I give permission for the City of Palo Alto to post to the City’s website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk.

Personal and Job Experience
Occupation Realtor with Compass; Principal-Brokers By Design; Community volunteer
Please list your relevant education, training, experience, certificates of training, licenses, and professional
registration. If describing work experience, please include company/employer name and occupation.

SJSU B.S. Degree, Business Admin. Former Commissioner, PA Parks and Recreation; served on PA Parks & Rec Foiundation. 2- term Director, League of Women Voters. 2-term Director, PA Chamber of Commerce. Founding. Director for the PA Downtown Business Improvement District. 2-term Director, PA Family YMCA.

Currently serving PA Neighborhoods Block Preparedness
Emergency Response Team. Board/Steering Committee member, Midtown Residents Assn. CA Dept of Real Estate licensee 30 yrs.

Former Director, Cal Assn of Realtors (CAR) also served as CAR Arbitrator, Served on several committees for PA District Board of Realtors, Southern. Alameda Board, and Silicon Valley Assn of Realtors including Legislative and Professional Standards.

Please describe your involvement in community activities, volunteer and civic organizations, including dates and any offices held.

Extensive community involvement includes membership to Palo Alto Rotary Club and other non-proifts. Former Director, Palo Alto-University Rotary Club. Served on PAUSD PTA Council Exec Board and. Paly PTSA Board. While serving on the board of PAUSD All Schools Fund, (ASF), helped merge ASF and Palo Alto Foundation for Education (PAFE) into Partners In Education.

Helped establish Project Safety Net with the City, PAUSD, Stanford Hospital and affiliates and a coalition of organizations focused on youth suicide prevention, adolescent mental issues, improved access to mental health services and community education. Director for Filipino Women's Network supporting women and helping end the cycle of abuse. Worked with Rubicon Childrens Center group homes to raise awareness and funding for abused and neglected children in Alameda, San Mateo and Santa Clara counties.

Application Questions

1. Why are you interested in serving on the Human
Relations Commission and what experience would you
I have always dedicated my life to helping others. Serving on the Human Relations. Commission is an extension of the impact I can 2 of 3
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bring to the position? bring for the betterment of our community. My breath of work experience related to housing, arbitration, and legislation, as well as my long-history of civic engagement would be helpful on issues and projects that come before the commission. Being a parent of an active PAUSD student and. having lived in Palo Alto for 30 years will also. come in handy.

2. Please describe an issue that recently came before the Commission that is of particular interest to you and
describe why you are interested in it.

Archived video meetings are available from the Midpen Media Center.

At the moment, I am engaged in housing issues for the League and the needs of our unhoused population, which also is a matter of importance to the Commission. Measure J is another issue that I would like to pass in November as Cubberley Community Center provides opportunities for affordable childcare and our treasured community resources and services; it is home to several agencies and art organizations that.help make our community thrive.

3. If you are appointed, what specific goals would you like to see the Human Relations Commission achieve, and how
would you help in the process?
See above.

4. Human Relations Commission Members work with the
documents listed below. If you have experience with any of these documents, please describe that experience.

Experience with these documents is not required for
selection.

Human Services Needs Assessment (2024)
Muni Code 9.72 – Mandatory Response Program
Community Services Element of the Comprehensive Plan (2017) I have read the. handbooks and have an understanding of the goals and responsibilities and the work plan of the Human Relations Commission. I am somewhat familiar with the
Community Services Element of the Comprehensive Pan, having served on the Parks and Recreation Commission.

If you'd like to provide any additional documents, please upload below.

Please confirm that you have read the Boards and
Commissions Handbook.

View the Boards and Commissions Handbook.

Yes
Signature Name of signatory: Sunny Dykwel
Link to signature
Date Completed 09/16/2026
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Subject: Human Relations Commission Application – Becky Wolf Dear Mayor Veenker and Members of the Palo Alto City Council, I am submitting my application for appointment to the Palo Alto Human Relations Commission.

I am applying because I believe I could bring a perspective to the Commission that is not always represented in government decision-making: the perspective of someone who has experienced systems from both sides of the table.

My life has included domestic violence beginning in childhood and continuing into adulthood, a long-term marriage affected by abuse, legal and financial abuse, disability, housing instability, supportive housing, and now homelessness. I have also spent the last year advocating for other people navigating many of those same systems.

Those experiences changed the way I look at public policy.

I have learned that a policy can sound excellent on paper and still fail the person it was created to protect. That is why I care so deeply about bringing policy and lived experience into the same room.

As founder of The Opportunity Center Single Side Tenant Union and as an advocate, I have worked with residents, veterans, seniors, people with disabilities, survivors, and people who are unhoused or housing insecure. I have learned to review public records, Housing Authority materials, voucher requirements, ADA procedures, HAP contracts, CDBG funding, complaint processes, City documents, planning materials, and reports such as SPUR. I am comfortable asking: Who is responsible? Who is monitoring? Where does the funding come from? What protections exist? Were they followed? And what actually happened to the person at the end of the process?
I do not believe accountability has to mean hostility or blame. I believe accountability means making sure that when an organization or government body accepts responsibility for monitoring, funding, protecting, or serving people, that responsibility has meaning.

I also believe deeply that people who rarely enter government meeting rooms deserve representation inside them.

If appointed, I would especially hope to help strengthen the connection between the HRC and Item 2
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Palo Alto residents who are unhoused, living in supportive housing, disabled, elderly, survivors of violence, or otherwise struggling to make themselves heard.

One thing about me is very simple: once I learn that something is wrong, I cannot unknow it. I want to understand why it happened, what can be changed, and how we can keep the next person from falling into the same gap.

I am currently unhoused, while actively working to secure permanent full-time housing again in Palo Alto. I hope my current housing circumstances will not prevent me from serving the community I care so deeply about. In many ways, this experience has made the importance of representation even clearer to me.

I am attaching my application and supporting materials for your consideration. Please let me know if there is any additional information, documentation, or material that would be helpful.

Thank you for considering my application and for the opportunity to participate in Palo Alto civic life.

Warmly,
Becky Wolf
Advocate
Founder, The Opportunity Center Single Side Tenant Union #SilenceIsNotSurvivable
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 28, 2026
Report #:2609-6774
TITLE
Approval of Minutes from August 19, September 9, and September 14, 2026 Meetings

RECOMMENDATION
Staff recommends that the City Council review and approve the minutes.

ATTACHMENTS
Attachment A: August 19, 2026 Draft Action Minutes
Attachment B: September 9, 2026 Draft Action Minutes
Attachment C: September 14, 2026 Draft Action Minutes
APPROVED BY:

Mahealani Ah Yun, City Clerk
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CITY COUNCIL

DRAFT ACTION MINUTES
State of the City 2026

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Special Meeting
August 19, 2026
The City Council of the City of Palo Alto met on this date in the Palo Alto High School Performing Arts Center and by virtual teleconference at 5:30 P.M.

Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Stone, Veenker Present Remotely:

Absent: Reckdahl
Call to Order
State of the City 2026

1. 2026 Palo Alto State of the City

NO ACTION
Adjournment: The meeting was adjourned at 7:30 P.M.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

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CITY COUNCIL

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Special Meeting
September 9, 2026
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:00 P.M.

Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Present Remotely:

Absent:

Special Orders of the Day

1. Interview Candidates for Vacancies on the Historic Resources Board (HRB); CEQA Status - Not a Project

NO ACTION

2. Proclamation Honoring the 25th Anniversary of September 11, 2001

NO ACTION
Closed Session

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
MOTION: Councilmember Reckdahl moved, seconded by Vice Mayor Stone to go into Closed Session.

MOTION PASSED: 7-0
Council went into Closed Session at 5:48 P.M.

Council returned from Closed Session at 8:25 P.M.

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Mayor Veenker announced no reportable action.

Agenda Changes, Additions and Deletions
In-Person Public Comment
Council Member Questions, Comments and Announcements
Consent Calendar
Mayor Veenker and Councilmember Lu recused from agenda Item Number 6.

Councilmembers Lu, Stone, Burt, Lythcott-Haims, Reckdahl, and Veenker requested to pull Agenda Item Number 11.

Councilmembers Burt, Reckdahl, and Lauing requested to pull Agenda Item Number 8.

MOTION: Councilmember Reckdahl moved, seconded by Councilmember Lu to approve Agenda Item Numbers 4-7, 9-10, and to pull Agenda Item Numbers 8 and 11 off of the consent calendar.

MOTION PASSED ITEMS 4-5, 7, 9-10: 7-0
MOTION PASSED ITEM 6: 5-0, Veenker, Lu recused

4. Approval of Minutes from August 17 and August 24, 2026 Meetings

5. Approval of Response to Civil Grand Jury Report “VTA‘s Management and Oversight of BART Silicon Valley Phase II”; CEQA Status: Not a Project

6. Approval of Five-year Memorandum of Agreement with Stanford University to Provide and be Reimbursed for Traffic Control Services during Stanford Stadium Events; CEQA status – not a project.

7. Approval of Amendment No. 1 to Contract No. S25186778 with Municipal Resources Group, LLC to increase the Contract Amount by $85,000 to a Total Not-to-Exceed of $340,000 for Organizational Development Services and Extend the Contract Term by One Year through September 4, 2027; CEQA Status – Not a Project.

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DRAFT ACTION MINUTES

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Draft Action Minutes: 09/09/2026

8. Approval of Amendment No. 1 to the Cost-Sharing Agreement with the County of Santa Clara for Continued Operation of the Safe Parking Program at 2000 Geng Road to Extend the Term Through June 30, 2027 and Not-to-Exceed $196,032; Approval of Amendment No. 3 to Contract No. 1557819, the Lease Agreement with the County of Santa Clara, Extending the County’s Temporary Use of the Site Through June 30, 2027; Approval of FY 2027 Budget Amendment in the Permanent Local Housing Allocation (PLHA) Fund; and Authorization to Use PLHA Activity 6 Funds Accordingly; CEQA status – statutorily exempt.

9. Approval of Amendment No. 2 to Contract C23187298C with Hinderliter, de Llamas & Associates (HdL) to Add Sales Tax and Transactions Tax Analysis, Reporting, Forecasting, and Audit Recovery Services and Increase Compensation by $165,000 for a New Total Not-to-Exceed Amount of $3,035,000 over Two Years and Adoption of a Resolution Authorizing HdL and Designated City Staff to Examine Sales or Transactions and Use Taxes from the California Department of Tax and Fee Administration (CDTFA); CEQA Status - Not a Project

10. Adoption of Side Letter Between the City of Palo Alto and Utilities Management and Professional Association of Palo Alto for a Hiring Incentive; CEQA Status - Not a Project.

11. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Title 16 (Building Regulations), Title 18 (Zoning), and Title 21 (Subdivisions) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units (FIRST READING: August 17, 2026; PASSED: 4-3, Stone, Veenker, Lythcott-Haims no)
Pulled Consent Calendar Agenda Item

MOTION: Mayor Veenker moved, seconded by Councilmember Lauing to reconsider agenda item number 8 (to approve agenda item number 8) and direct staff to return with a study session related to agenda item number 8.

MOTION PASSED: 7-0
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City Manager Comments
Ed Shikada, City Manager
Action Items

12. PUBLIC HEARING / QUASI-JUDICIAL. 470 Olive Avenue [25PLN-00228]: Recommend City Council Adopt an Ordinance Amending the Zoning Map to Change the Zoning District for 470 Olive Avenue from NV-R1 (Single-Family Residential) to NV-MXM (Medium Density Mixed Use) and Adopt a Resolution Changing the North Ventura Coordinated Area Plan (NVCAP) Land Use Designation from Low Density Residential to Medium Density Mixed Use to Align it With the NVMXM Zoning of the Adjacent and Connected Parcel at 2951 El Camino Real. This Action Supports a Staff Determination to Add 470 Olive Avenue as a Housing Inventory Site to Address No Net Loss Requirements. CEQA Status: Statutorily Exempt per Public Resources Code Section 21080.085.

Councilmember Lu recused from agenda item number 12.

MOTION: Mayor Veenker moved, seconded by Councilmember Reckdahl to continue this item to a date uncertain.

MOTION PASSED: 6-0, Lu Recused

13. Designation of Voting Delegate and Alternate for the League of California Cities 2026 Annual Conference, to be held September 23-25, 2026 in Anaheim, California; CEQA Status – Not a Project
MOTION: Mayor Veenker moved, seconded by Councilmember Reckdahl to designate Councilmember Lu as the voting delegate and Mayor Veenker as the alternate voting delegate for the League of California Cities (Cal Cities) 2026 Annual Conference.

MOTION PASSED: 7-0

14. Colleagues’ Memo: Council Discussion and Public Release of the Investigation Report Regarding Forest Peterson
MOTION: Councilmember Lauing moved, seconded by Councilmember Reckdahl to waive attorney-client privilege with respect to final investigative report regarding the complaint against Forest Peterson and direct the City Attorney to release a version of the report with redactions to protect the privacy of witnesses to the extent practicable, with the clarifications Item 4
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that the waiver of privilege is limited to the final report and that Council does not intended to waive privilege over the subject matter of the investigation.

MOTION FAILED: 3-4, Lu, Stone, Lythcott-Haims, Veenker
Virtual Public Comment
Adjournment: The meeting was adjourned at 11:58 P.M.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

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CITY COUNCIL

DRAFT ACTION MINUTES

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Regular Meeting
September 14, 2026
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.

Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Present Remotely:

Absent:

Special Orders of the Day

1. Northern California Power Agency General Manager Tony Zimmer

NO ACTION

2. Review Applications and Select Candidates to Interview for the Parks and Recreation Commission (PRC) and Public Art Commission (PAC) Vacancies; CEQA Status – Not a Project

NO ACTION
Boards, Commissions, and Committees Appointment

3. Appointment of Candidates to the Historic Resources Board (HRB); CEQA Status – Not a Project
Historic Resources Board
First Round Voting for Three (3) full term vacancies (seats 1, 2, 3) on the Historic Resources Board ending on March 31, 2029
Aleksandar Patrick Dusan Rakicevic More: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker
Alisa Eagleston-Cieslewicz: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Nandini Ramamurthi: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Item 4
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Candidate Aleksandar Patrick Dusan Rakicevic More receiving seven votes is appointed to the full term expiring March 31, 2029 (seat 1).

Candidate Alisa Eagleston-Cieslewicz receiving seven votes is appointed to the full term expiring March 31, 2029 (seat 2).

Candidate Nandini Ramamurthi receiving seven votes is appointed to the full term expiring March 31, 2029 (seat 3).

Agenda Changes, Additions and Deletions
In-Person Public Comment
Council Member Questions, Comments and Announcements
Consent Calendar
MOTION: Vice Mayor Stone moved, seconded by Councilmember Reckdahl to approve Agenda Item Numbers 4-6, AA1.

MOTION PASSED: 7-0

4. Approval of Contract Number C27197641 with A3 Pipeline in the Amount Not-to-Exceed $2,466,255 for the Sewer Lateral Replacement Project (WC-99013) at various locations across the City; Authorization for the City Manager or Designee to Negotiate and Execute Related Change Orders Not-to-Exceed $246,626 for a Total Not-to-Exceed Amount of $2,712,881 for a Three-Year Term. CEQA Status: Exempt under CEQA Guidelines 15302 (Replacement or Reconstruction of Existing Facilities).

5. Adopt a Resolution approving the City of Palo Alto Utilities Electric Utility Physical Security Plan Update: CEQA Status – Not a Project

6. SECOND READING: Ordinance of the Council of the City of Palo Alto Adding Chapter

10.49 (OSV Parking Permit Districts) to the Palo Alto Municipal Code and Amending PAMC Section 10.60.010 (FIRST READING: August 24, 2026; PASSED: 7-0) AA1. Approval of Increase of Construction Contingency for Contract No. C211781123B with Swinerton Builders in the Amount Not-to-Exceed $7,374,367 and Amendment to the Item 4
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Fiscal Year 2027 Budget Appropriation for the Capital Improvement Fund for the New Public Safety Building Capital Improvement Program Project (PE-15001), to Support a Settlement Agreement With Swinerton Builders; CEQA Status – Environmental Impact Report for the New Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772)
City Manager Comments
Ed Shikada, City Manager
Action Items

7. PUBLIC HEARING / QUASI-JUDICIAL. 375 Hamilton Avenue [26PLN-00050]: Request for Major Architectural Review Approval for the Construction of a New Six-Story Parking Garage with a Total of 265 Parking Spaces on the Existing Surface-Level Parking Lot D.

CEQA Status: Prior Environmental Impact Report Certified (Council Resolution No. 9818, February 11, 2019). An Addendum to the Previously Certified Environmental Impact Report (SCH# 2017052040) has Been Prepared in Accordance with CEQA Guidelines Section 15164. Zoning District: PF (Public Facilities).

MOTION: Vice Mayor Stone moved, seconded by Councilmember Lythcott-Haims to:

1. Consider the Addendum to the previously certified Environmental Impact Report (EIR) (Council Resolution No. 9818, February 11, 2019); and

2. Approve the Major Architectural Review (AR) application based on findings and subject to conditions of approval in the Record of Land Use Action (RLUA) in Attachment B.

MOTION PASSED: 7-0

8. Refinancing of the 2009A Water Revenue Bonds, Series A; Adoption of a Resolution Authorizing the Issuance and Sale of Tax-Exempt Water Revenue Refunding Bonds in a Principal Amount Not-to-Exceed $20,000,000, Approval of the Official Notice of Sale, Indenture of Trust, Official Statement, Irrevocable Refunding Instructions, and Related Documents; CEQA Status - Not a Project
MOTION: Mayor Veenker moved, seconded by Councilmember Lu to:

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Draft Action Minutes: 09/14/2026

1. Authorize staff to refinance the outstanding City of Palo Alto Water Revenue Bonds, 2009 Series A through the issuance of Water Revenue Refunding Bonds in a principal amount not to exceed $20,000,000; and

2. Approve the Official Notice of Sale, Indenture of Trust, Official Statement, Irrevocable Refunding Instructions, and authorize official actions and related documents thereto.

MOTION PASSED: 7-0
Closed Session

9. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION
Subject: Diego Velasquez v. City of Palo Alto et al.

Santa Clara County Superior Court, Case No. 24-CV-450636 Authority: Government Code Section 54956.9(d)(1)
One Case, as Defendant

10. CONFERENCE WITH CITY ATTORNEY – EXISTING LITIGATION Subject: City of Palo Alto v. Gary Wetzel, et al.

Santa Clara County Superior Court Case No. 26CV484552
One Case, as Defendant
Authority: Government Code Section 54956.9(d)(1)

11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)
Negotiating Party: Palo Alto Unified School District
City Negotiators: Ed Shikada, Kristen O'Kane, Sunny Tong Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment MOTION: Councilmember Lauing moved, seconded by Councilmember Lu to go into Closed Session.

MOTION PASSED: 7-0
Council went into Closed Session at 8:43 P.M.

Council returned from Closed Session at 10:10 P.M.

Mayor Veenker announced the following reportable actions from Closed Session:

Regarding Swinerton v. City of Palo Alto (JAMS Reference # 5100003409), a matter previously heard in Closed Session on August 17, 2026, the City entered into a settlement agreement to resolve claims by Swinerton and its subcontractors arising from construction of the recently Item 4
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opened Public Safety Building. The settlement provides for the City to pay $8 million to resolve the claims. The City Council approved the settlement by a 7-0 vote on August 17, 2026, and the settlement agreement was finalized on September 10, 2026.

Regarding Diego Velasquez v. City of Palo Alto et al., Santa Clara County Superior Court, Case No. 24-CV-450636, the City Council authorized the City Attorney’s Office to file a crosscomplaint in the action against Cleary Brothers Landscape, Inc., Bastion Construction Services, and any successors in interest to those entities. The City Council approved the action by a 7-0 vote.

Virtual Public Comment
Adjournment: The meeting was adjourned at 10:18 P.M. in memory of Byron Sher, Former Palo Alto Mayor.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: September 28, 2026
Report #:2607-6546
TITLE
Approval of a Letter of Intent with Maker Nexus for collaboration on a long-term public-private partnership for a new multi-generational makerspace at the Cubberley site; CEQA status - Mitigated Negative Declaration Approved on May 19, 2026.

RECOMMENDATION
Staff recommend the City Council approve and authorize the City Manager to execute a Letter of Intent (LOI) with Maker Nexus for collaboration on a long-term public-private partnership for a new multi-generational makerspace at the Cubberley site (Attachment A).

EXECUTIVE SUMMARY
City staff and the Cubberley Ad Hoc committee are coordinating with community partners to advance elements of the Cubberley project using a public private partnership model. A proposed partnership with Maker Nexus would create a new and more expansive makerspace at the Cubberley site for people of all ages and abilities. Staff recommend Council approve a Letter of Intent (Attachment A) with Maker Nexus to formalize a joint commitment to further advance this project component.

BACKGROUND
The City is advancing a plan to redevelop a 15-acre portion of Cubberley, guided by the Cubberley Conceptual Master Plan and associated CEQA environmental document adopted by the City Council on May 18, 20261. The City and the Palo Alto Unified School District (PAUSD) have a memorandum of understanding that would enable the City to purchase seven acres to support a reimagined community center and fund school improvements. The City currently owns eight acres at Cubberley; acquiring an additional seven acres would create an opportunity 1 City Council, May 18, 2026; Agenda Item #13; SR #2512-5750, https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=2a17e949-762d-4b3e-8ba5- f92086da72b0
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to update the ageing facility for the benefit of the community. Funding the land purchase and site improvements could be possible through a combination of funding sources including a ballot measure, nonprofit partnerships, philanthropy, grants, and development fees.

An LOI with the Friends of the Recreation Wellness Center was approved by the City Council in December2, 2024, and an LOI with TheatreWorks Silicon Valley was approved by the City Council on February 9, 2026. Additionally, Staff will be recommending that Council approve Letters of Intent with Avenidas, HeartFit for Life, and Palo Alto Community Child Care in October. These LOIs are intended to demonstrate the City’s commitment to advance certain elements of the Cubberley project through partnering with organizations that provide a community benefit and share in project costs.

ANALYSIS
Public Private Partnerships provide an opportunity to advance elements of the Cubberley project through a combination of City and private investment while offering valuable programs and services to the community. Several community nonprofit organizations have expressed interest and both staff and members of the Ad Hoc are engaging in conversations with potential partners, including TheatreWorks Silicon Valley and the Friends of the Recreation Wellness Center.

A makerspace is a shared workshop where people gather to design, create, invent, and learn. A makerspace provides workspace and access to shared tools and equipment for the community to use either independently or as part of a class or workshop. Maker Nexus is a membershipbased non-profit makerspace currently located in Sunnyvale, California. Their mission to empower people of all ages and backgrounds to learn, create, and innovate in a collaborative community along with lowering barriers to craftsmanship, building confidence, creating opportunity and fostering a culture of creativity and resourcefulness, is closely aligned with the City’s vision for the Cubberley site. Maker Nexus is open to people of all ages and offers classes, programs, and camps.

The existing makerspace at Cubberley is an approximately 1,100 square feet room dedicated to the MakeX program, a teen focused drop-in creative space. MakeX provides teens the opportunity to learn how to use tools and software under the guidance of teen mentors, or work individually on their own projects. The City does not lead any classes or camps in the MakeX space. During development of the Cubberley Conceptual Master Plan, there was considerable community input to include an expanded makerspace in the concept, including from teens currently involved in the MakeX program.

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A public-private partnership with Maker Nexus would bring a successful community-focused maker space to Cubberley and contribute toward funding an element of the Cubberley project for community benefit. The LOI establishes a framework for future actions and outlines mutually cooperative strategies to guide ongoing discussions on key terms and conditions of future agreements. Following approval of the LOI, the City and Maker Nexus will establish terms for a future agreement that will include cost sharing, fundraising goals, timelines, management structures, and other terms.

FISCAL/RESOURCE IMPACT
While implementation of the actions described in the LOI are expected to have a significant positive impact for the City with a new program offering to the community, there is no fiscal impact associated with approval of this LOI, as it is not a legally binding agreement. The full scope including costs of a new makerspace at Cubberley has not been developed. Future agreements could include a cost-sharing component that would be considered as part of a full project cost and benefit analysis. Future agreements would be brought forward to Council for review and consideration.

STAKEHOLDER ENGAGEMENT
Community outreach and stakeholder engagement efforts for the project have been extensive and remain a central component of the overall process. Engagement with community partners has been ongoing and is intended to understand which community organizations may have an interest in contributing financially to development of the site while bringing exciting community programs and events to Cubberley.

During the extensive community engagement for the conceptual master planning process, inclusion of a new makerspace at Cubberley was strongly supported to foster creativity and community learning.

ENVIRONMENTAL REVIEW
The Council adopted an Initial Study/Mitigated Negative Declaration for the Cubberley Conceptual Master Plan on May 19, 2026 (SCH Number 2026030129).

ATTACHMENTS
Attachment A: Letter of Intent with Maker Nexus
Attachment B: Background on the Cubberley Project
APPROVED BY:

Kristen O'Kane, Community Services Director
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Maker Nexus
1330 Orleans Drive
Sunnyvale, CA 94089
(408) 685-2500
www.makernexus.org
Letter of Intent for the Mutual Cooperation between the City of Palo Alto (hereinafter “the City” or “CPA”) and Maker Nexus, a nonprofit 501(c)(3) charitable organization incorporated in the state of California.

The City of Palo Alto reached out to Maker Nexus to explore the possibility of our potential role as a nonprofit organization anchor facility in the Cubberley site renovation development. This project is dedicated to supporting the City’s efforts to expand indoor recreational space by building community awareness of the need for additional space, catalyzing community engagement in the creation and ongoing support of the space, and helping raise public and private funds for development and operational costs.

Maker Nexus empowers people of all ages and backgrounds to learn, create, and innovate. Our collaborative community provides access to hands-on training with professional-grade tools. We lower barriers to craftsmanship, build confidence, create opportunity, and foster a culture of creativity and resourcefulness across our region. Our facility is open to members and the public from 10 am to 10 pm, 7 days a week. This type of access is consistent with our mutual goal to lower barriers of access to the facility and maximize the opportunities for community use of the space.

Maker Nexus now wishes to explore collaboration and negotiations toward a long-term public-private partnership to empower the broad community of residents to learn, create and innovate by lowering barriers of access to hands-on training with professional-grade tools, by achieving the following strategic objectives:

1. Identify a potential location within the Cubberley campus, on City-owned land, of sufficient size and location to accommodate a full featured industrial grade shop that will provide work and program space accessible to the community. The parties will mutually determine a location at the Cubberley site to accommodate the project in concert with development of a master plan for a community center at the Cubberley site.

2. Plan for facility use that is flexible and adaptable to both the current and the evolving future needs of the community. Explore preliminary concepts and feasibility standards for a facility intended to be renovated as potentially the first phase of the master plan for the Cubberley site.

3. Pending agreement, Maker Nexus may participate in the City’s development of a master plan for the Cubberley site, to reinforce coordination and comprehensive planning. 1 of 3
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4. Maker Nexus and the City may mutually explore development of a preliminary construction and program budget. We anticipate mutual cooperation in bringing existing buildings up to code, including required sprinkler systems, ADA compliance, bathrooms, etc. Certain key infrastructure elements outside the existing buildings are anticipated in order to ensure a usable site, including sufficient parking throughout the day and into the evening to support program delivery, as well as suitable heavy load/unload access to the building for deliveries of relatively large materials and supplies.

5. Maker Nexus may explore fundraising strategies in connection with a potential project, contingent on clarity regarding site control, scope, and City commitments, in order to offset the City's capital development costs. The minimum and total goals will be agreed upon between the City and Maker Nexus following the development of the budget.

6. CPA may provide Maker Nexus with site access and contracting authority to manage renovation construction with oversight by the City.

7. As part of a future agreement, Maker Nexus will provide an operating plan for programs to be conducted in the new facility. Maker Nexus will be solely responsible for programming and membership management.

8. The City agrees to pursue the adoption of the revised Cubberly Master Plan as expeditiously as possible, subject to any required public processes and approvals.

9. Maker Nexus, in order to recoup required investment in the space, anticipates a term of agreement of at least 7 years in the space with two options to extend for 5 years each.

Maker Nexus and CPA are interested in undertaking and completing the new facility in accordance with one or more future agreements subject to mutually acceptable terms and conditions. The City and Maker Nexus will endeavor to negotiate a potential agreement as soon as possible. Elements to be included in the agreement(s) include:

1. Term of the agreement(s)

2. Acknowledgement that the City is commencing a master planning effort for a new community center at the Cubberley site that will include community engagement building upon the Cubberley Concept Plan completed in 2019, and coordination and cooperation with that effort will be necessary to meet milestones defined in the Memorandum of Understanding between the City and Palo Alto Unified School District.

3. Distinct phases for fundraising and renovation, respectively, with separate terms for each phase.

4. Contracting requirements that would allow Maker Nexus to efficiently manage renovation and build out of the facility.

5. Establishment of a time frame and details, including goals for fundraising activities.

6. Acknowledgement and stewardship of coordination with City departments to be involved in the project.
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7. Development of a community outreach and engagement plan by the City and Maker Nexus to build support for the project and to receive and address community comments.

8. A project schedule, including timelines for review by the City's Architectural Review Board, Planning and Transportation Commission, and other boards and commissions as may be required.

9. Options for either party to terminate the partnership (or “joint planning process”) agreement.

10.The City acknowledges that Maker Nexus will start a major donor fundraising effort and may require commitments from the City in terms of a lease or other process requirements in order to close a major donation. The City acknowledges it will be responsible for providing those commitments in a timely manner or risk losing major donors.

This letter is not a binding contract between CPA and Maker Nexus and does not establish a legal partnership or any other legal relationship. Nor shall this letter create any reliance on either party to act or not act in any specific way. It is intended to facilitate discussion of the key agreement terms and conditions of the future agreements relating to this joint project. Maker Nexus and CPA both reserve rights to explore, evaluate, or pursue other potential sites and/or partnerships during the term of this Letter.

Date Approved:
____________________________________________________________________________ Ed Shikada City Manager Regina Sakols/Kelly Yamanishi Maker Nexus 3 of 3
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The Cubberley Site
The 35-acre Cubberley site, located at 4000 Middlefield Road in Palo Alto, operated as Cubberley High School from 1956 to 1979. Beginning in the late 1980’s, the City began leasing portions of the facilities from the Palo Alto Unified School District (PAUSD) at the site. Today, the City operates the areas of Cubberley it controls as a community center, using some of the space for classes and activities in arts, culture, athletics, and sub-leasing additional space at City-subsidized rates to various non-profit and community serving groups. The current lease agreement expires December 31, 2029.1 Today, the City owns eight acres of the 35-acre site. PAUSD owns the remaining 27 acres, most of which are leased to the City. There are currently 23 tenants and 24 artists leasing space at Cubberley from the City and dozens of groups renting the theater, pavilion, classrooms, and athletic fields from the City. Combined, these groups provide the community with programs that support health and wellness, childcare, education, and visual and performing arts. PAUSD uses its retained space for educational purposes and staff offices and has leases with some third-party tenants.

The parking lot in the southeast corner of the property houses portable trailers as a temporary site for Hoover Elementary School during construction at the school’s site. A current site map can be found on the City’s website.2
Several master planning efforts have been completed over the years to reimagine and improve the Cubberley site, with the most recent being completed in 2019.3 Memorandum of Understanding with PAUSD
In October 2024,4 both the City Council and Palo Alto Unified School District (PAUSD or District) Board of Education approved a Memorandum of Understanding (MOU) related to the future of the Cubberley site. The MOU outlines key terms and conditions for the purchase and future planning of Cubberley. The land purchase, which would transfer ownership of seven acres from PAUSD to the City, is contingent on voter approval of a bond measure in November 2026. This condensed timeframe requires development of a master plan for the site by March 2026, conduct stakeholder and community engagement and outreach, polling, financial analysis, CEQA analysis, and other critical tasks. The addition of the seven acres, plus the eight acres already owned by the City of 1 City Council, December 2, 2024: https://portal.laserfiche.com/Portal/DocView.aspx?id=112707&repo=r704298fc&searchid=c3e3ed6f-6cda-4dd3-ba35-5d8d4be5579e 2 https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/communications-office/cubberleycommunity-center_mappdf.pdf 3 Cubberley Concept Plan 2019: https://www.pausd.org/about-us/committees-task-forces/archivedcommittees/cubberley-master-plan 4 City Council, October 7, 2024; Agenda Item AA1; SR #2409-3500, https://portal.laserfiche.com/Portal/DocView.aspx?id=98415&repo=r-704298fc&searchid=e199f724-22ab472b8ad8-ca162c4dcf8a Item 5
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Palo Alto provides an opportunity to develop a new community center and other improvements on a combined 15 acres at the Cubberley site to provide a range of City programs, including health, wellness, and recreational opportunities for residents.

Master Plan Update and Pursuit of a Local Ballot Measure To advance the master planning effort the City Council took several actions on December 2, 20249 related to the future of the Cubberley site. These actions included approval of a contract with Concordia, LLC, and associated budget actions for development of a revised Master Plan for the Cubberley Community Center site, building on the previous master plan completed in 2019 by Concordia and guided by significant community input. Additionally, the Council approved a Letter of Intent with the Friends of the Palo Alto Recreation Wellness Center for the purpose of fundraising for a recreation wellness center (gymnasium) at the Cubberley site, and a workplan for pursuit of a November 2026 local ballot measure to fund the purchase of land and development of a new community center at the Cubberley site.

Subsequent Council actions included approving a five-year lease with PAUSD10 to continue the current use of the property, including playing fields, approval of a professional services agreement with Rincon for CEQA analysis,11 and approval of professional service agreements with Lew Edwards Group and Fairbank, Maslin, Metz & Associates12 for ballot measure strategy advisement and community polling.

Cubberley Ad Hoc Committee
The Council established the Cubberley Ad Hoc Committee (as a non-Brown Act body) to review and advise staff on efforts related to polling and development of a ballot measure that will successfully receive voter support in 2026. Efforts include polling, financial and revenue modeling for the community center, master planning, and community outreach to complete the Master Plan and place a measure on the November 2026 ballot.

The City Council will serve as the governing body for policy direction at key decision points. This includes direction to conduct polling, review of concept designs, direction on 9 City Council, December 2, 2024; Agenda Item 18, SR #2410-3634, https://portal.laserfiche.com/Portal/DocView.aspx?id=112713&repo=r-704298fc 10 City Council, December 2, 2024; Agenda Item 12; SR #2410-3651, https://portal.laserfiche.com/Portal/DocView.aspx?id=112707&repo=r-704298fc 11 City Council, December 16, 2024; Agenda Item 12; SR #2411-3813, https://portal.laserfiche.com/Portal/DocView.aspx?id=117742&repo=r-704298fc&searchid=96e9506bf1bd-485e-a4cb-fc804b5893d1 12 City Council, February 24, 2025; Agenda Item 4; SR #2501-4039, https://portal.laserfiche.com/Portal/DocView.aspx?id=143364&repo=r-704298fc&searchid=fef509a6- 4d34-4060-bc7a-6ab87db7a0ae
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operating and financial models, and decisions on what should be placed on the November 2026 ballot.

April 21, 2025 City Council Meeting
At the April 21, 202517 City Council meeting, staff presented outcomes from the first community meeting held on March 19, an update on the Cubberley Master Plan Project workplan and sought Council authorization to initiate the first community poll.

First Cubberley Master Plan Community Meeting
The first community meeting for the Cubberley Master Plan Project was held on March 19, 2025, and was attended by over 120 community members and stakeholders.

Participants completed two activities in table groups of up to eight people with guided facilitation, focusing on the vision for the community center, programming, and place making. The first meeting goals included a review of the Vision from the City Council session and then using a list from the previous community engagement process, participants were asked to review and confirm desired programming and adjacencies for the future Community Center. The outcomes of the March 19 meeting were presented to the City Council on April 21, 202518 .

The first activity focused on a review of the Council Vision statement and participants were asked to expand the Vision statement with additional values and ideas.

Community members valued: Multipurpose, adaptable spaces to accommodate diverse uses over time; Gathering hubs for interconnectivity and communication between diverse social, cultural and generational groups; Accessibility for all ages, cultures and abilities to access holistic wellness resources; Integration of green space and sustainability features in experiential and infrastructural planning; and Affordability for local Palo Altans and for tenants who have a community focus. Overall, participants focused on flexibility, inclusivity, sustainability, and long-term community engagement as high-level themes.

The second activity focused on programming and adjacencies of indoor and outdoor spaces. The most selected indoor programs were Theater/Performance Space, Dance Classes, Art Studio, Art Classes, followed by Gym Facility, Flexible Rental Space, and a Café. For outdoor programs, Open Greenspace was the most selected program followed by Playground, Amphitheater, and Pool/Water Area. Compared to 2019, the most mentioned programs then (indoor and outdoor) were Adult Education, 17 City Council, April 21, 2025; Agenda Item 11; SR #2503-4310, https://portal.laserfiche.com/Portal/DocView.aspx?id=166428&repo=r-704298fc 18 Staff Presentation, April 21, 2025;
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Theater/Performance Space, Greenspace, Makerspace, and Senior/Multigenerational Programs.

Feedback on First Community Poll
Polling experts, FM3 presented themes for the first community poll designed to test voter opinions on the community center’s goals, preferred uses, and willingness to support funding through a tax or bond21. The poll themes and questions were developed with input from the Cubberley Ad Hoc Committee and will inform critical upcoming milestones in the project. The Council did not take an action but supported proceeding with the poll.

April 22,2025 Parks & Recreation Commission Meeting
On April 22, 2025,22 staff presented an informational update to the Parks and Recreation Commission, offering a comprehensive overview of the project's overall workplan and timeline. The presentation included a detailed summary of Community Meeting #1, highlighting key themes and priorities that emerged from the community’s feedback. Staff also introduced Poll #1, which was launched at the end of April, and encouraged Commissioners to help promote the survey to ensure broad community participation. In addition, the presentation outlined several ways the Commission can remain engaged and support the project, including serving as ambassadors within the community, helping to share information, and providing feedback. The creation of a PRC Cubberley ad-hoc committee was discussed and it was decided that this topic will be further considered during the upcoming workplan revisions scheduled for the coming months.

June 9, 2025 City Council Meeting
On June 9, 2025,23 staff presented to City Council the results of the first community poll, community engagement milestones coming up and updates to the workplan. The focus of the first poll was to survey voter input on the goals and future of the community center and possible support for a tax or bond measure. Staff also shared community engagement. Overall, the poll found broad majority support for improvement at the Cubberley site. Surveyed voters place highest priority on bringing the facility up to modern standards for electrical, plumbing, safety, and accessibility early childhood 21 FM3 Presentation, April 21, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=83ec6422-b6e4-4e83-9ca3- ca746a5971a0
22 Staff Presentation, April 22, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=dae0543c-e007-4fc1-9a69- fd08b156ee94
23 City Council, June 9, 2025, Agenda Item 2; SR#2503-4313, https://portal.laserfiche.com/Portal/DocView.aspx?id=182790&repo=r-704298fc&searchid=57dac2b5- 5c42-4ef0-978a-be940766f395
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education; affordability and efficient use of taxpayer dollars; and overall repairs for the facility. Lastly, staff shared with the City Council the community revised Vision Statement for the future of the Community Center.

June 12, 2025 Second Cubberley Master Plan Community Meeting On June 12, 2025, the City held the second community meeting for the Cubberley Community Center Master Plan, facilitated by Concordia. At the outset of the meeting, Concordia shared a revised Vision Statement based on community input gathered at the March 19 community meeting. The revised Vision Statement is, A vibrant, beloved, and adaptable destination that promotes learning, connections, joy, and wellbeing where all cultures and generations belong. Following this, staff provided an overview presentation to orient attendees to the three 3-D concept plans being presented. Each conceptual design includes an A, B, and C variations exploring different configurations of building placement, new construction vs renovation, green space, bike and pedestrian circulation, and parking—both above and below ground.

In the first activity community members were invited as a group to share their feedback on what aspects from all nine designs they liked and wanted “keep” and did not like and wanted to “leave behind”. They indicated aspects they liked with green dot stickers and aspects they did not like with red dot stickers. They were then asked to expand on their choices by writing explanations on the activity sheet provided for the table.

In the second activity, following the group discussion of the three concept designs—The Promenade, The Grid, and The Plaza—participants individually reviewed key design elements using a provided handout. They were asked to evaluate each concept’s primary layout across six categories: arrival & parking, pedestrian circulation, building scale & physical space organization, landscape & greenspace organization, balance of building & greenspace, and being a good neighbor. Each category was rated on a scale from 1 (not successful at all) to 5 (very successful).

Approximately 130 community members attended the second Cubberley Community Meeting and were highly engaged in providing feedback on the three presented concept designs. Attendees shared a wide range of reactions to various aspects of the designs, particularly discussing building layouts, the placement and amount of green space, parking structures, and preferences between above- and below-ground concepts. While perspectives varied, there was clear consensus around the excitement for the project’s progress and enthusiasm to see the plans taking shape. Community members expressed eagerness to continue the conversation, particularly around program placement, at the next meeting. A Meeting Summary can be found on the project website27.
27 Community Meeting #2 Summary, www.paloalto.gov/files/4280f185-ca1d-4965-940f-1e4fcaf6cb11/M2- Summary-Report-Final.pdf
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June 19, 2025 Public Art Commission Meeting
On June 19, 2025,29 City staff presented to the Public Art Commission and discussed potential opportunities to support the City’s Strategic Activation Plan for the Cubberley site, which was developed by staff in coordination with the City Council’s Cubberley Ad Hoc Committee. The plan outlined phased enhancements and activations aligned with the broader master planning process, community engagement efforts, and the anticipated November 2026 ballot initiative. As part of the discussion, Commissioners explored how the ArtLift grant program—previously identified at their January retreat as a potential tool—could be leveraged to support temporary public art installations at Cubberley and other key locations. Ideas included murals, ground art, freestanding sculptures, and performance-based activations to help generate community excitement and reinforce the role of the arts in creating vibrant, inclusive public spaces.

June 24, 2025 Parks & Recreation Commission Meeting
On June 24, 2025,30 City staff provided the Parks and Recreation Commission with an informational update on the Cubberley Community Center Master Plan. The presentation included a recap of the second community meeting held on June 12, where Concordia unveiled three concept designs for the site and invited community feedback. Staff also presented the results of the first community poll, released in late April, and shared a list of proposed near-term activation ideas for the Cubberley site, inviting the Commission’s input. In addition, staff sought feedback from the Commission on the three concept designs. The newly formed PRC Cubberley Ad Hoc Committee will continue to refine the activation plans in July.

July 9, 2025 Planning and Transportation Commission Meeting On July 9, 2025,31 the Planning and Transportation Commission (PTC) received an update on the Cubberley Master Plan and was asked to provide input to help inform the next phase of the planning process. Staff requested feedback on several key aspects recently reviewed by the community, including arrival and parking, pedestrian circulation, building scale and space organization, greenspace layout, the balance of 29 Staff Presentation, June 19, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=a036e199-31cd-4d94-8214- 7fb0170e39ac
30 Staff Presentation, June 24, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=ac29aa36-1b3a-4403-b8b2- cc403685865d
31 Staff Presentation, June 9, 2025;
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built and open space, and how the site can be a good neighbor. Additional PTC feedback emphasized the importance of clear cost comparisons between renovation and new construction, interest in public-private funding models, and support for a future bond measure and donor engagement. Commissioners favored partial underground parking and better integration with transit and surrounding neighborhoods. There was broad interest in maintaining flexible green space for events, ensuring safe and separate bike/pedestrian circulation, and preserving multigenerational, inclusive programming. Suggestions also included clearer diagrams, more tangible use examples, and consideration of impacts from surrounding development.

July 17, 2025 Architectural Review Board Meeting
On July 17, 202535, the Architectural Review Board (ARB) received a presentation on the Cubberley Master Plan and provided early feedback to help shape the next phase of planning. The Board expressed strong support for phased development and emphasized minimizing disruption to existing tenants and programs. Members praised pedestrian and bike circulation, supported the proposed balance of buildings and green space, and encouraged improvements to vehicle access and mobility hubs. There was general support for new construction over renovation and interest in enhancing the site's identity through public art and flexible community spaces. The ARB also encouraged a welcoming design that reflects Cubberley’s civic and cultural significance while being a good neighbor to the surrounding community.

September 17, 2025 Third Cubberley Master Plan Community Meeting On September 17, 2025, the City held the third and final community meeting for the Cubberley Master Plan, facilitated by Concordia. Approximately 150 community members attended and were highly engaged in reviewing the refined concept design. At the outset, City staff and Concordia recapped the first two community meetings, provided a project overview, and highlighted updates to the concept plan, including phasing strategies. Following this presentation, participants engaged in two interactive activities to provide focused feedback.

A draft concept design was presented in phases to demonstrate that the project will need to be constructed over time based on available funding, and to ensure that programs and services are not disrupted during construction. Phase 1 includes a mix of constructing new buildings and renovation of existing buildings to reflect likely timing needed between phases while additional funding is secured.

Activity 1- Phase 1 Concept Design: Recreation Wellness and Performing Arts 35 Staff Presentation, July 17, 2025;
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Phase 1 consists of two parts: a Recreation Wellness Center and a Performing Arts Center. Phase 1 also includes renovation of remaining buildings so the full site continues to be operational until phases 2 and 3 can be completed. Community members were invited to assess the Phase 1 concept designs for the recreation wellness and performing arts area and were asked to reflect on three key questions:

1. What is working well and excites you?

2. What is not working well or could be improved?

3. What creative ideas do you have to make the space exciting? Activity 2- Phase 2 and 3 Concept Design: Visual Arts & Technology and Community Services
In the second activity, community members were asked to provide feedback on Phase 2 and Phase 3, which includes the Visual Arts & Technology (Phase 2) and Community Services spaces (Phase 3). Participants responded to the same guiding questions as in the first activity: what is working well and is exciting about the proposed designs, what aspects are not working or could be improved, and what creative ideas, such as new events, programs, or installations—could make these areas more vibrant and impactful.

This exercise allowed the community to reflect on future phases of development and share ideas that will help shape a cohesive, dynamic, and inclusive vision for the campus.

Overall, the meeting reflected strong community engagement and generated valuable input on both programming and site circulation. Community members expressed enthusiasm about seeing program placement within the proposed buildings and noted their appreciation for the phased approach, which allows for continuity of programs during construction. The discussion was lively and engaging, with particular interest around the café, the outdoor amphitheater, parking access, and pedestrian and bicycle circulation pathways. The feedback gathered informed refinement of the preferred concept plan. The full meeting summary is included on the project website37.

September 23, 2025 Parks and Recreation Commission Meeting On September 23, 202538, the Parks and Recreation Commission (PRC) received a presentation on the refined Cubberley Community Center Master Plan concept following the third and final community meeting held on September 17, 2025. Commissioners reviewed updates on program placement, phasing, and site circulation, and were asked 37 Community Meeting #3 Summary; www.paloalto.gov/files/assets/public/v/1/communityservices/cubberley-project/2025.11.11_m3-summary.pdf 38 Staff Presentation, September 23, 2025;
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to provide input on the same questions posed to the community: what is working well, what could be improved, and what creative ideas could enhance the campus experience.

Commissioners engaged in a thoughtful discussion that highlighted both enthusiasm for the project and areas for refinement. They praised Phase I improvements—especially the café, amphitheater, and integration with existing buildings—and noted strong community excitement about program continuity during construction. Key suggestions included lighting for the tennis courts, enhancing pedestrian and bicycle circulation, and incorporating creative placemaking features such as gardens and artistic infrastructure.

Concerns focused on the cost and feasibility of large-scale facilities (e.g., the partial underground parking), potential displacement impacts in Phase I, and how to communicate a phased plan if bond funding only covers the first phase. Commissioners also stressed sustainable design choices and raised questions about circulation, office space, gym design, and pool impacts.

Overall, the PRC expressed appreciation for the progress made and reinforced the importance of balancing community goals, funding realities, and long-term sustainability.

October 20, 2025 City Council Meeting
Staff presented an updated concept plan41 with an emphasis on the first phase of site development showing a combination of renovated and new building construction. The focus on the first phase recognizes that funding will likely be a limiting factor in full site redevelopment. At this meeting, staff shared objectives and themes for the second community poll to determine voter support for a bond or tax measure to finance the land purchase, and the extent of how much voters are willing to pay annually. Following the October 20 meeting the second poll was conducted.

December 15, 2025 City Council Meeting
City Council received an update on the Cubberley Community Center Project42, including results from the second community poll and discussed next steps. Council discussed key findings from Poll #2, which indicate broad voter support for the City acquiring the Cubberley property and willingness to invest in limited funding focused on basic repairs, safety upgrades, and accessibility improvements. Results showed relatively higher support for parcel tax and sales tax funding mechanisms, with a $250 average annual parcel tax testing above 50% support and a 0.5% sales tax increase capable of supporting significantly greater capital financing, pending state authorization. 41 City Council, October 20,2025; Agenda Item #1; SR #2503-4353, https://portal.laserfiche.com/Portal/DocView.aspx?id=231071&repo=r-704298fc 42 City Council, December 15, 2025; Agenda Item #3; SR #2503-4355, https://portal.laserfiche.com/Portal/DocView.aspx?id=246305&repo=r-704298fc Item 5
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Council expressed alignment with staff and the Ad Hoc Committee’s recommendation to continue refining ballot measure options and to launch a third poll in January 2026 to further test potential parcel tax and sales tax scenarios.

Overall, Council affirmed the importance of a phased, long-term approach to redevelopment that balances community priorities, funding realities, and opportunities for partner contributions, while continuing to advance the master plan toward presentation in March 2026. Following the December 15 meeting, the third poll was finalized and released in early January 2026.

February 9, 2026 City Council Meeting
City Council received an update on the Cubberley Community Center Project45, including results from the third community poll and progress on public-private partnerships to advance key components of the project. Staff shared that, in anticipation of possible Council consideration of a November 2026 ballot measure to fund the purchase of seven acres from PAUSD and advance all or portions of the project, three of four planned community polls have been completed. Results show both parcel tax and sales tax funding options testing at approximately 48% support—an improvement from the prior poll, though still below the thresholds required for approval (two-thirds for a parcel tax and a simple majority for a general-purpose sales tax). Despite these challenges, Councilmembers remained optimistic, noting that support levels are approaching viability, particularly for a sales tax option, and that emerging public-private partnerships could strengthen the overall funding strategy.

Council also discussed partnership efforts being coordinated by staff and the Cubberley Ad Hoc Committee. A partnership with TheatreWorks was presented and would create a two-theater complex through renovation of the existing Community Theatre and Pavilion, with new construction to support TheatreWorks, and upgrades to the Cubberley Theatre for continued community use, including new restrooms, an expanded lobby, and improved accessibility. Staff recommended approval of a Letter of Intent with TheatreWorks to formalize this joint commitment, which Council approved. In addition, staff shared that the Friends of the Recreation and Wellness Center and the City are continuing to develop terms for an agreement to advance a future recreation and wellness center with new multi-court gymnasium space on the Cubberley campus.

Avenidas Executive Director, Kristina Lugo, was also in attendance and publicly 45 City Council, February 9, 2026; Agenda Item #11; SR#2512-5774, https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=fd6f9939-83a3-4ea7-817ae7719c9194a4 Item 5
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expressed interest in exploring partnership opportunities with the City at the Cubberley site.

Council directed staff to develop Poll #4 to include information about the two major anchor tenants, explore community sentiment around expanding City programs at Cubberley, and provide clearer messaging about community benefits and funding strategies. Council also directed the City Manager to discuss contingency plans and alternative acquisition terms with the School District, and asked staff to return with options for acquiring the seven acres through mechanisms other than a ballot measure.

March 11, 2026 Planning and Transportation Commission and Architectural Review Board Special Joint Meeting
The Planning and Transportation Commission (PTC) and Architectural Review Board (ARB) held a special joint meeting to receive a presentation from staff47 on the proposed Cubberley Conceptual Master Plan and the Draft Initial Study/Mitigated Negative Declaration (IS/MND) prepared under the California Environmental Quality Act (CEQA).

Staff presented the City’s long-term vision to redevelop approximately 15 acres of the Cubberley campus, including the potential purchase of seven acres from the Palo Alto Unified School District (PAUSD) for $65.5 million. Staff noted that the purchase and implementation of the plan will depend on identifying funding sources, which may include a potential sales tax ballot measure in November 2026, development impact fees, grants, philanthropic contributions, and public-private partnerships.

Staff requested that the commissions review the Draft IS/MND and provide a recommendation to the City Council regarding adoption of the Conceptual Master Plan.

City Council is tentatively scheduled to consider adoption of the plan in April 2026, while staff continue advancing environmental review, partnership discussions, and funding and financing strategies.

Commissioners and Board members discussed topics including project phasing and funding, the status of the PAUSD lease and land acquisition, parking and circulation, recreation facilities such as the proposed pool, sustainability goals, long-term campus connectivity, elements of the site layout, the potential renovation versus replacement of existing buildings, and opportunities for philanthropic funding. Following discussion and public comment, both the Planning & Transportation Commission and Architectural Review Board voted separately, and unanimously (5–0) to recommend that City Council adopt the Cubberley Conceptual Master Plan, with a list of considerations for Council 47 Staff Presentation, March 11, 2026;
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and staff to evaluate as the project moves forward into future phases of planning and design. Below are the approved motions:

Architectural Review Board:

Moved by Board member Rosenberg, seconded by Board member Jojarth to move the staff recommendation and to recommend that City Council consider the following:
- Consider competition friendly pool size of 50 meters by 25 yards - Consider the phasing within Phase 1
- Revisit the cost effectiveness of buildings S, T, V, E, F, C, D - Consider the value of saving Building I, versus reutilizing that space as part of another program
- To review bike and pedestrian routes including the intent and use of the diagonal promenade as well as defining the existing safe routes to school on the property - To clarify that the City lease agreements with PAUSD provide flexibility to the City to make parking improvements including landscaping and paving and have a sufficient duration to adequately provide access to the improvements contemplated in the Master Plan
- Modify the preface and executive summary to include language from page 52 about flexibility and to add the words modern, safe, and sustainable to the project goals
- To encourage a formal process to raise funding from private sources - Review adequacy of parking
Planning and Transportation Commission:

Moved by Commissioner Templeton, seconded by Commissioner Chang to move the staff recommendation and to recommend that City Council consider the following:
- Consider competition friendly pool size of 50 meters by 25 yards - Revisit the cost effectiveness of buildings S, T, V, E, F, C, D - To review bike and pedestrian routes including the diagonal promenade and the existing safe routes to school on the property
- To clarify that the City lease agreements with PAUSD provide flexibility to the City to make parking improvements including landscaping and paving and have a sufficient duration to adequately provide access to the improvements contemplated in the Master Plan
- Modify the preface and executive summary to include language from page 52 about flexibility and to add the words modern, safe, and sustainable to the project goals
- To encourage a formal process to raise funding from private sources Item 5
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March 24, 2026 Parks and Recreation Commission Meeting
The Parks and Recreation Commission received a presentation from staff49 on the proposed Cubberley Conceptual Master Plan and the Draft Initial Study/Mitigated Negative Declaration (IS/MND) prepared under the California Environmental Quality Act (CEQA), and results of the second and third community polls. Staff presented the City’s long-term vision to redevelop approximately 15 acres of the Cubberley campus, including the potential purchase of seven acres from the Palo Alto Unified School District (PAUSD) for $65.5 million. Staff noted that the purchase and implementation of the plan will depend on identifying funding sources, which may include a potential parcel or sales tax ballot measure in November 2026, development impact fees, grants, philanthropic contributions, and public-private partnerships.

Staff requested that the commission review and consider the Draft IS/MND and provide a recommendation to the City Council regarding adoption of the Conceptual Master Plan. City Council is scheduled to consider adoption of the plan in April 2026, while staff continue advancing environmental review, partnership discussions, and funding and financing strategies.

Commissioners expressed strong appreciation for the work completed to date and shared overall excitement about the vision and direction of the project. Discussion included the use of a Mitigated Negative Declaration under CEQA and the level of detail at the conceptual stage, particularly related to architectural and landscape design, including tree preservation and future planting strategies. The Commission also considered key program elements such as recreation amenities and amphitheater capacity, as well as project phasing, funding flexibility, and timelines tied to land acquisition and partnership opportunities. Commissioners also discussed construction impacts on existing operations and opportunities to support the project through grants, partnerships, and continued community engagement and activation efforts. Following discussion and public comment, Commissioner Smith made a motion to recommend the City Council adopt the Cubberley Conceptual Master Plan, it was seconded by Vice Chair Wei, and the vote passed (5–0) with 1 commissioner choosing to abstain.

May 18, 2026 City Council Meeting
Staff presented the Draft Conceptual Master Plan, Mitigated Negative Declaration, and results of the fourth community poll to the City Council. Staff’s recommendation to 49 Staff Presentation, March 24, 2026;
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adopt a Resolution adopting the Mitigated Negative Declaration and the Cubberley Conceptual Master Plan was approved by Council unanimously. Staff also recommended the Council provide direction on next steps to advance the project.

Following a presentation on the fourth-round polling results, the Council directed staff to pursue a ½ cent sales tax measure on the November 2026 ballot.

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: September 28, 2026
Report #:2607-6596
TITLE
Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $211,000 and a Budget Amendment in the Supplemental Law Enforcement Services Fund for revenue and municipal police service expenses; CEQA status – not a project.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the acceptance of annual Citizens Options for Public Safety (COPS) funds from State of California, totaling $211,000; and

2. Amend the Fiscal Year 2027 Budget Appropriation for the Supplemental Law Enforcement Services (SLES) Fund by (requires 2/3 approval):
a. Increasing the estimate for revenue from the State of California by $211,000; b. Increasing Police Department expense appropriation for Facilities and Equipment by $49,000; for Contract Services by $20,000; and for Supplies and Materials by $142,000.

BACKGROUND
Every year since 1997, the State of California, by statute, allocates designated funds to counties, which pass funding through to cities, through a Citizens Options for Public Safety (COPS) program. This ongoing program is apportioned by state statute, and the level of funding is relative to the population as determined by the California Department of Finance.

This funding is not related to the Federal Government Department of Justice “COPS” program with the same acronym.

State law provides for four main conditions on the use of the funds as written in California Government Code sections 30025-30029.12 and 30051-30063: 1) Each recipient (County and onto the City) is required to deposit the revenue into a separate fund so the funds are not co-mingled with General Funds (Sec. 30063); 2) the money shall be used for front line law enforcement services or municipal police services (Sec. 30061(c)(2)); 3) transfer to other funds is allowed provided it is to facilitate the use according to the code (Sec.

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30063); and 4) the funds shall not supplant the city budget but must instead be used to enhance or expand services (Sec. 30062(a)).

Previous uses of COPS funds have included restarting the Community Service Officer (CSO) program, electronic traffic citation system, equipment upgrades, safety equipment, police training, staff wellness testing, police recruiting, upgrades to patrol vehicles, and upgraded tools and technology, pilot automated license plate reader technology, all benefiting municipal police services for the City of Palo Alto.

According to State staff, the source of funding is vehicle license fees. Specific allocations are directed by the State of California Department of Finance, in accordance with the Government Code, while the distributions are made by the State Controller’s Office. There are two parts to the distribution:

A. A semi-permanent component based on a minimum funding level for the program, paid monthly and;
B. A growth component for funds (referred to as Growth Fund) in excess of the minimum base, paid one-time the following year after reconciliation.

ANALYSIS
The City recently received the annual notice of COPS funding, for distribution in Fiscal Year 2026-2027, of $105,0001. Further, the Growth Fund portion (distribution B above) was reported and funded $106,0002. Staff recommends use of this year’s expected COPS funds in the following manner(s) which are compliant with the law. All expenses below are estimated.

Technical Equipment ($49,000)
If approved, the Police Department will procure several technology and safety-related items that are necessary to support current operational needs and replace equipment that has reached the end of its useful life.

The Investigative Services Division will purchase laptops with sufficient processing capacity, storage, and memory to support the large volumes of digital evidence and case-related data used in modern investigations. The division’s existing laptops are undersized for these operational requirements. Under City policy, Information Technology budgets for replacement computers, while departments are responsible for funding new computers needed to meet expanded or specialized operational needs. The Police Department does not have sufficient funding in its current budget for these additional devices. 1 California Citizens' Option for Public Safety (COPS) Program and Multi-Agency Juvenile Justice Funds https://www.sco.ca.gov/ard_payrments_cops.html
2 California Citizens Option for Public Safety Growth
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The Traffic Division will purchase Mobile LiDAR speed detection devices—commonly known as radar guns—to replace aging equipment that is no longer reliable or serviceable. These devices support traffic enforcement and roadway-safety efforts.

Finally, the Department will purchase a portable quantitative respirator fit-testing system.

This equipment will allow trained staff to conduct the required annual fit testing of respiratory-protection equipment, helping ensure that personnel who may need respiratory protection can safely and effectively use their assigned devices.

Public Safety AI and Emergency Communications Platform ($20,000) Software to enhance 9-1-1 response by securely delivering available real-time information—such as a caller’s location and certain device data—to emergency communications centers and first responders. It can help dispatchers locate people faster, improve situational awareness, and support more informed response decisions during emergencies.

Public Safety Building Equipment ($142,000)
Following occupancy of the new Public Safety Building, the Department identified minor adjustments to meet or improve operational needs: extending cellular signals within the facility, installing battery chargers in 100 lockers to increase utility of lockers for operations, further configuration to dispatch center audiovisual equipment, adjusting access control technology at a greater level of granularity beyond burglar and panic alarms, and adding police-specific branding to the police operations levels to support recruitment.

POLICY IMPLICATIONS
Palo Alto Municipal Code 2.28.080 requires a two-thirds vote by Council to accept the funds and amend the budget. The California Government Code would limit how SLES funds are redistributed. As with the acquisition of any goods or services by the City, the purchasing process will be subject to City purchasing policy manual as established in the municipal code under the direction of the Chief Procurement Officer. Any purchase that is surveillance technology is subject to provisions of the Municipal Code during the purchase process. Some of the proposed uses here are considered surveillance technology and will require a surveillance use policy approval by City Council, in accordance with the Palo Alto Municipal Code, prior to purchase, which will be brought forward separately. None of the proposed uses here are considered military equipment and subject to reporting according to AB 481.

FISCAL/RESOURCE IMPACT
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Council’s approval is required according to State Government code referenced above. Revenues and expenses of $211,000 are recommended to be recognized in the SLES Fund. Any ongoing maintenance costs will be absorbed by the Department budget, with the exception of the Public Safety AI and Emergency Communications Platform, which will seek continued funding through budget development. Otherwise, the activities will stop when the SLES funds are spent in full.

STAKEHOLDER ENGAGEMENT
No direct engagement. The public is encouraged to join the meeting and relay their opinions to City Council.

ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because accepting funding and approving budget amendments is a government funding mechanism or fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4).

APPROVED BY:

James Reifschneider, Police Chief
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: September 28, 2026
Report #:2609-6757
TITLE
Approval of a Term Sheet with Friends of the Recreation Wellness Center to Advance a PublicPrivate Partnership for a New Recreation Wellness Center at the Cubberley Site; CEQA status – Mitigated Negative Declaration Approved on May 19, 2026.

RECOMMENDATION
Staff recommend the City Council approve and authorize the City Manager to execute a Term Sheet (Attachment A) with the Friends of the Recreation Wellness Center to advance a publicprivate partnership for a new Recreation Wellness Center at the Cubberley site.

EXECUTIVE SUMMARY
City staff and the Cubberley Ad Hoc committee are coordinating with community partners to advance certain elements of the Cubberley project using a public-private partnership model. A Letter of Intent with the Friends of the Recreation Wellness Center was approved by the City Council in December 2024 to demonstrate the City’s commitment to provide the land for a new Recreation Wellness Center and the Friends’ commitment to raise donor funds for its construction. Staff is recommending that the City Council approve a Term Sheet (Attachment A) with the Friends to further advance this commitment at the Cubberley site.

BACKGROUND
The City is advancing a plan to redevelop a 15-acre portion of Cubberley, guided by the Cubberley Conceptual Master Plan and associated CEQA environmental document adopted by the City Council on May 18, 20261. The City and the Palo Alto Unified School District (PAUSD) have a memorandum of understanding that would enable the City to purchase seven acres to support a reimagined community center and fund school improvements. The City currently owns eight acres at Cubberley; acquiring an additional seven acres would create an opportunity 1 City Council, May 18, 2026; Agenda Item #13; SR #2512-5750, https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=88082&dbid=0&repo=PaloAlto Item 7
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to update the aging facility for the benefit of the community. Funding the land purchase and site improvements could be possible through a combination of funding sources including a ballot measure, nonprofit partnerships, philanthropy, grants, and fees from new development.

On June 8, 20263, the City Council voted to place a ½ cent (0.50%) Sales Tax (Transactions and Use Tax) measure on the November 3, 2026 ballot. A simple majority (50% plus 1) vote is required to pass. The Council also adopted advisory spending guidelines for proceeds of the Transactions and Use Tax. Resolution No. 102964 states the Council plans to allocate the proceeds to purchase the seven acres and implement part of the first phase of the Cubberley Conceptual Master Plan to modernize aging buildings, expand the amount of green space, and invest in spaces that provide recreation and culture. The City plans to leverage other funding sources, including investments from community partnerships and fees from new development along with this new revenue to advance the project. It is likely that the City will issue certificates of participation (COPs) or similar financing mechanisms to advance funds for land acquisition and to enable construction to proceed within the first few years after passage of the measure.

More information on Measure J is available at https://www.paloalto.gov/Departments/CityClerk/Municipal-Elections/November-3-2026-Ballot-Measure-J.

City staff and the Cubberley Ad Hoc committee are coordinating with community partners to advance elements of the Cubberley project using a public private partnership model. Letters of Intent (LOI) have been approved by the City Council with the Friends of the Recreation Wellness Center, December 2, 20245 and with TheatreWorks Silicon Valley for a performing arts complex, February 9, 20266. Additionally, Staff will be recommending that Council approve Letters of Intent with Avenidas, HeartFit for Life, and Palo Alto Community Child Care in October. These LOIs are intended to demonstrate the City’s commitment to advance certain elements of the Cubberley project through partnering with organizations that provide a community benefit and share in project costs. Additional agreements will be necessary to establish the City’s and partners’ commitments as plans develop.

There has been extensive foundational work completed to support the advancement of the Cubberley Project, including several actions by the City Council. Attachment B shares a summary of actions to date and the history of the Cubberley site. 3 City Council, June 8, 2026; Agenda Item #14; SR #2603-6081, https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=887096&dbid=0&repo=PaloAlto 4 City Council Resolution No. 10296,
https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=887259&dbid=0&repo=PaloAlto 5City Council, December 2, 2024; Agenda Item #18; SR #2410-3634, https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=83117&dbid=0&repo=PaloAlto 6City Council, February 9, 2026; Agenda Item #11; SR #2512-5774, https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=85859&dbid=0&repo=PaloAlto Item 7
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ANALYSIS
A Letter of Intent with the Friends of the Recreation Wellness Center (Friends) was approved by the City Council on December 2, 2024 to demonstrate the City’s commitment to provide the land for a new Recreation Wellness Center and the Friends’ commitment to raise donor funds for its construction. The Recreation Wellness Center was incorporated into the Cubberley Conceptual Master Plan adopted by the City Council in May 202611. The Recreation Wellness Center would be located on the portion of Cubberley owned by the City and would consist of indoor recreation and wellness program space for community use. The Term Sheet (Attachment A) builds upon the LOI previously approved by Council, identifies Cubberley as the location for the Recreation Wellness Center, and details further terms necessary to engage donors and advance this element of the Cubberley project. Key terms include:
• The City will provide approximately one (1) acre of City-owned land at the Cubberley site for a Recreation Wellness Center.
• The Friends will fundraise 100% of the costs to design and construct the Recreation Wellness Center, which is estimated to be $40 million. If the project exceeds that amount, or if the Friends are unable to raise the funds within two years, the parties shall meet to discuss next steps, including alternate funding sources. • The Friends capital campaign will be conducted in a timely manner and be independent of other fundraising efforts for the Cubberley project except partnering with other health, wellness and recreational focused organizations. • The Friends will engage licensed and qualified contractors and other necessary consultants in compliance with City procurement and contracting procedures, as applicable.
• The Friends design team will coordinate with other parties engaged in work adjacent to the Recreation Wellness Center.
• The City and the Friends will negotiate and execute a long-term Operating Agreement governing the use, operation, and maintenance of the Project prior to the commencement of construction.

Additional agreements will be required as the project timeline progresses and could include a Mutual Cooperation and Support Agreement or similar, Option to Lease Agreement, Construction Agreement, and Services Agreement. These are examples and the actual agreement type(s) necessary will be determined by the City and the Friends and will require City Council approval.

FISCAL/RESOURCE IMPACT
There is no fiscal impact associated with approval of this Term Sheet, as it is not a legally binding agreement. Future agreements would be brought forward to Council for review and 11 City Council, May 18, 2026; Agenda Item #13; SR# 2512-5750, https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=88082&dbid=0&repo=PaloAlto Item 7
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consideration as the project develops. Implementation of the terms described would have a significant beneficial fiscal impact for the City, enabling the development of a major new recreational asset for the community.

A gym/wellness facility was ranked as the second highest priority for indoor space during the first community meeting as part of engagement of the Cubberley Conceptual Master Plan.

ENVIRONMENTAL REVIEW
The Council adopted an Initial Study/Mitigated Negative Declaration for the Cubberley Conceptual Master Plan on May 19, 2026 (SCH Number 2026030129).

ATTACHMENTS
Attachment A: Term Sheet with the Friends of the Recreation Wellness Center Attachment B: Cubberley Project Background
APPROVED BY:

Kristen O'Kane, Community Services Director
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Non-binding Term Sheet between the City of Palo Alto (hereinafter “the City” and the Friends of the Palo Alto Recreation Wellness Center (hereinafter “the Friends” or “FPARWC”), a nonprofit 501(c)(3) charitable organization incorporated in the state of California.

The Friends of the Palo Alto Recreation and Wellness Center and the City of Palo Alto wish to establish a public-private partnership to construct a Recreation Wellness Center (Project) at the Cubberley site. A Letter of Intent was approved by both parties in December 2024 with an objective to mutually agree upon a site on City-owned land of sufficient size and location to accommodate indoor recreation and wellness program space that is accessible to the community with Cubberley the assumed location. The Recreation Wellness Center was incorporated into the Cubberley Conceptual Master Plan adopted by the City Council in May 2026, solidifying Cubberley as the preferred location. This Term Sheet further details terms necessary to engage donors and advance the Project and will require further detail as project timeline progresses.

1. City Commitment
a. The City will provide approximately one (1) acre of City-owned land at the Cubberley site for a Recreation Wellness Center.
b. The commitment shall remain in effect for a period sufficient to allow the Friends to complete their capital fundraising campaign and Project construction.

2. Friends Commitment
a. The Friends will fundraise 100% of the costs to design and construct the Recreation Wellness Center, which is estimated to be $40 million. If the project exceeds that amount, or if the Friends are unable to raise the funds within two years, the parties shall meet to discuss next steps, including alternate funding sources.
b. The Friends capital campaign will be conducted in a timely manner and be independent of other fundraising efforts for the Cubberley project except partnering with other health, wellness and recreational focused organizations.

3. Mutual Cooperation and Support Agreement
a. The parties will establish a future binding agreement or agreements to detail the responsibilities of each party, including a timeline of significant milestones.

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4. Design and Construction Team
a. The Friends will engage licensed and qualified contractors and other necessary consultants in compliance with City procurement and contracting procedures, as applicable.
b. The Friends design team will coordinate with other parties engaged in work adjacent to the Recreation Wellness Center.
c. The Friends will engage Vance Brown Builders to manage construction of the Project, subject to City oversight, with the scope and manner of such to be negotiated and documented by both parties.
d. A Construction Liaison Team will be established to facilitate efficient communication between the parties throughout project design and construction.

5. Construction Access
a. Prior to commencement of construction, the City and the Friends will negotiate and execute a construction access lease or license agreement granting the Friends site access for the duration of construction.

6. Permitting and Approvals
a. The City will use its reasonable and best efforts to issue all required permits, entitlements, and approvals necessary for the Project in a timely manner so as not to cause significant project delays.
b. The City will pay for all permit fees.

7. Existing Structures and Infrastructure
a. The City will be responsible for and shall fund the demolition of existing buildings at the Cubberley site.
b. The City will relocate City of Palo Alto utilities necessary to accommodate construction and operation of the new Recreation Wellness Center.

8. Existing Tenants
a. The Friends will not be responsible for relocating tenants displaced by Project demolition and construction including any related expenses.

9. Scope of Costs
a. All costs referenced in this Term Sheet include both soft and hard costs, including but not limited to:
i. Design and engineering
ii. Permitting and approvals
iii. Construction and site work

10. Operating Agreement
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a. The City and the Friends will negotiate and execute a long-term Operating Agreement governing the use, operation, and maintenance of the Project prior to the commencement of construction.

11. Non-Binding Effect
a. Except as may be expressly agreed in writing, these terms are non-binding and are intended solely to guide the preparation of definitive agreements.

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The Cubberley Site
The 35-acre Cubberley site, located at 4000 Middlefield Road in Palo Alto, operated as Cubberley High School from 1956 to 1979. Beginning in the late 1980’s, the City began leasing portions of the facilities from the Palo Alto Unified School District (PAUSD) at the site. Today, the City operates the areas of Cubberley it controls as a community center, using some of the space for classes and activities in arts, culture, athletics, and sub-leasing additional space at City-subsidized rates to various non-profit and community serving groups. The current lease agreement expires December 31, 2029.1 Today, the City owns eight acres of the 35-acre site. PAUSD owns the remaining 27 acres, most of which are leased to the City. There are currently 23 tenants and 24 artists leasing space at Cubberley from the City and dozens of groups renting the theater, pavilion, classrooms, and athletic fields from the City. Combined, these groups provide the community with programs that support health and wellness, childcare, education, and visual and performing arts. PAUSD uses its retained space for educational purposes and staff offices and has leases with some third-party tenants.

The parking lot in the southeast corner of the property houses portable trailers as a temporary site for Hoover Elementary School during construction at the school’s site. A current site map can be found on the City’s website.2
Several master planning efforts have been completed over the years to reimagine and improve the Cubberley site, with the most recent being completed in 2019.3 Memorandum of Understanding with PAUSD
In October 2024,4 both the City Council and Palo Alto Unified School District (PAUSD or District) Board of Education approved a Memorandum of Understanding (MOU) related to the future of the Cubberley site. The MOU outlines key terms and conditions for the purchase and future planning of Cubberley. The land purchase, which would transfer ownership of seven acres from PAUSD to the City, is contingent on voter approval of a bond measure in November 2026. This condensed timeframe requires development of a master plan for the site by March 2026, conduct stakeholder and community engagement and outreach, polling, financial analysis, CEQA analysis, and other critical tasks. The addition of the seven acres, plus the eight acres already owned by the City of 1 City Council, December 2, 2024: https://portal.laserfiche.com/Portal/DocView.aspx?id=112707&repo=r704298fc&searchid=c3e3ed6f-6cda-4dd3-ba35-5d8d4be5579e 2 https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/communications-office/cubberleycommunity-center_mappdf.pdf 3 Cubberley Concept Plan 2019: https://www.pausd.org/about-us/committees-task-forces/archivedcommittees/cubberley-master-plan 4 City Council, October 7, 2024; Agenda Item AA1; SR #2409-3500, https://portal.laserfiche.com/Portal/DocView.aspx?id=98415&repo=r-704298fc&searchid=e199f724-22ab472b8ad8-ca162c4dcf8a Item 7
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Palo Alto provides an opportunity to develop a new community center and other improvements on a combined 15 acres at the Cubberley site to provide a range of City programs, including health, wellness, and recreational opportunities for residents.

The City Council will serve as the governing body for policy direction at key decision points. This includes direction to conduct polling, review of concept designs, direction on 9 City Council, December 2, 2024; Agenda Item 18, SR #2410-3634, https://portal.laserfiche.com/Portal/DocView.aspx?id=112713&repo=r-704298fc 10 City Council, December 2, 2024; Agenda Item 12; SR #2410-3651, https://portal.laserfiche.com/Portal/DocView.aspx?id=112707&repo=r-704298fc 11 City Council, December 16, 2024; Agenda Item 12; SR #2411-3813, https://portal.laserfiche.com/Portal/DocView.aspx?id=117742&repo=r-704298fc&searchid=96e9506bf1bd-485e-a4cb-fc804b5893d1 12 City Council, February 24, 2025; Agenda Item 4; SR #2501-4039, https://portal.laserfiche.com/Portal/DocView.aspx?id=143364&repo=r-704298fc&searchid=fef509a6- 4d34-4060-bc7a-6ab87db7a0ae
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operating and financial models, and decisions on what should be placed on the November 2026 ballot.

The first activity focused on a review of the Council Vision statement and participants were asked to expand the Vision statement with additional values and ideas.

The second activity focused on programming and adjacencies of indoor and outdoor spaces. The most selected indoor programs were Theater/Performance Space, Dance Classes, Art Studio, Art Classes, followed by Gym Facility, Flexible Rental Space, and a Café. For outdoor programs, Open Greenspace was the most selected program followed by Playground, Amphitheater, and Pool/Water Area. Compared to 2019, the most mentioned programs then (indoor and outdoor) were Adult Education, 17 City Council, April 21, 2025; Agenda Item 11; SR #2503-4310, https://portal.laserfiche.com/Portal/DocView.aspx?id=166428&repo=r-704298fc 18 Staff Presentation, April 21, 2025;
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Theater/Performance Space, Greenspace, Makerspace, and Senior/Multigenerational Programs.

June 9, 2025 City Council Meeting
On June 9, 2025,23 staff presented to City Council the results of the first community poll, community engagement milestones coming up and updates to the workplan. The focus of the first poll was to survey voter input on the goals and future of the community center and possible support for a tax or bond measure. Staff also shared community engagement. Overall, the poll found broad majority support for improvement at the Cubberley site. Surveyed voters place highest priority on bringing the facility up to modern standards for electrical, plumbing, safety, and accessibility early childhood 21 FM3 Presentation, April 21, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=83ec6422-b6e4-4e83-9ca3- ca746a5971a0
22 Staff Presentation, April 22, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=dae0543c-e007-4fc1-9a69- fd08b156ee94
23 City Council, June 9, 2025, Agenda Item 2; SR#2503-4313, https://portal.laserfiche.com/Portal/DocView.aspx?id=182790&repo=r-704298fc&searchid=57dac2b5- 5c42-4ef0-978a-be940766f395
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education; affordability and efficient use of taxpayer dollars; and overall repairs for the facility. Lastly, staff shared with the City Council the community revised Vision Statement for the future of the Community Center.

Approximately 130 community members attended the second Cubberley Community Meeting and were highly engaged in providing feedback on the three presented concept designs. Attendees shared a wide range of reactions to various aspects of the designs, particularly discussing building layouts, the placement and amount of green space, parking structures, and preferences between above- and below-ground concepts. While perspectives varied, there was clear consensus around the excitement for the project’s progress and enthusiasm to see the plans taking shape. Community members expressed eagerness to continue the conversation, particularly around program placement, at the next meeting. A Meeting Summary can be found on the project website27.
27 Community Meeting #2 Summary, www.paloalto.gov/files/4280f185-ca1d-4965-940f-1e4fcaf6cb11/M2- Summary-Report-Final.pdf
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June 19, 2025 Public Art Commission Meeting
On June 19, 2025,29 City staff presented to the Public Art Commission and discussed potential opportunities to support the City’s Strategic Activation Plan for the Cubberley site, which was developed by staff in coordination with the City Council’s Cubberley Ad Hoc Committee. The plan outlined phased enhancements and activations aligned with the broader master planning process, community engagement efforts, and the anticipated November 2026 ballot initiative. As part of the discussion, Commissioners explored how the ArtLift grant program—previously identified at their January retreat as a potential tool—could be leveraged to support temporary public art installations at Cubberley and other key locations. Ideas included murals, ground art, freestanding sculptures, and performance-based activations to help generate community excitement and reinforce the role of the arts in creating vibrant, inclusive public spaces.

July 9, 2025 Planning and Transportation Commission Meeting On July 9, 2025,31 the Planning and Transportation Commission (PTC) received an update on the Cubberley Master Plan and was asked to provide input to help inform the next phase of the planning process. Staff requested feedback on several key aspects recently reviewed by the community, including arrival and parking, pedestrian circulation, building scale and space organization, greenspace layout, the balance of 29 Staff Presentation, June 19, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=a036e199-31cd-4d94-8214- 7fb0170e39ac
30 Staff Presentation, June 24, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=ac29aa36-1b3a-4403-b8b2- cc403685865d
31 Staff Presentation, June 9, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=49fc32cf-caa1-4dd9-97f9- 5d5d02150256
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built and open space, and how the site can be a good neighbor. Additional PTC feedback emphasized the importance of clear cost comparisons between renovation and new construction, interest in public-private funding models, and support for a future bond measure and donor engagement. Commissioners favored partial underground parking and better integration with transit and surrounding neighborhoods. There was broad interest in maintaining flexible green space for events, ensuring safe and separate bike/pedestrian circulation, and preserving multigenerational, inclusive programming. Suggestions also included clearer diagrams, more tangible use examples, and consideration of impacts from surrounding development.

Activity 1- Phase 1 Concept Design: Recreation Wellness and Performing Arts 35 Staff Presentation, July 17, 2025;
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=2a9a7988-768f-465b-bcf9- 68166ff9af6f
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Phase 1 consists of two parts: a Recreation Wellness Center and a Performing Arts Center. Phase 1 also includes renovation of remaining buildings so the full site continues to be operational until phases 2 and 3 can be completed. Community members were invited to assess the Phase 1 concept designs for the recreation wellness and performing arts area and were asked to reflect on three key questions:

1. What is working well and excites you?

2. What is not working well or could be improved?

This exercise allowed the community to reflect on future phases of development and share ideas that will help shape a cohesive, dynamic, and inclusive vision for the campus.

September 23, 2025 Parks and Recreation Commission Meeting On September 23, 202538, the Parks and Recreation Commission (PRC) received a presentation on the refined Cubberley Community Center Master Plan concept following the third and final community meeting held on September 17, 2025. Commissioners reviewed updates on program placement, phasing, and site circulation, and were asked 37 Community Meeting #3 Summary; www.paloalto.gov/files/assets/public/v/1/communityservices/cubberley-project/2025.11.11_m3-summary.pdf 38 Staff Presentation, September 23, 2025;
https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=efbb1418-4bbe-49b2-b786- 165e29017ca3
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to provide input on the same questions posed to the community: what is working well, what could be improved, and what creative ideas could enhance the campus experience.

Overall, the PRC expressed appreciation for the progress made and reinforced the importance of balancing community goals, funding realities, and long-term sustainability.

December 15, 2025 City Council Meeting
City Council received an update on the Cubberley Community Center Project42, including results from the second community poll and discussed next steps. Council discussed key findings from Poll #2, which indicate broad voter support for the City acquiring the Cubberley property and willingness to invest in limited funding focused on basic repairs, safety upgrades, and accessibility improvements. Results showed relatively higher support for parcel tax and sales tax funding mechanisms, with a $250 average annual parcel tax testing above 50% support and a 0.5% sales tax increase capable of supporting significantly greater capital financing, pending state authorization. 41 City Council, October 20,2025; Agenda Item #1; SR #2503-4353, https://portal.laserfiche.com/Portal/DocView.aspx?id=231071&repo=r-704298fc 42 City Council, December 15, 2025; Agenda Item #3; SR #2503-4355, https://portal.laserfiche.com/Portal/DocView.aspx?id=246305&repo=r-704298fc Item 7
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Council expressed alignment with staff and the Ad Hoc Committee’s recommendation to continue refining ballot measure options and to launch a third poll in January 2026 to further test potential parcel tax and sales tax scenarios.

Avenidas Executive Director, Kristina Lugo, was also in attendance and publicly 45 City Council, February 9, 2026; Agenda Item #11; SR#2512-5774, https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=fd6f9939-83a3-4ea7-817ae7719c9194a4 Item 7
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expressed interest in exploring partnership opportunities with the City at the Cubberley site.

Staff requested that the commissions review the Draft IS/MND and provide a recommendation to the City Council regarding adoption of the Conceptual Master Plan.

Commissioners and Board members discussed topics including project phasing and funding, the status of the PAUSD lease and land acquisition, parking and circulation, recreation facilities such as the proposed pool, sustainability goals, long-term campus connectivity, elements of the site layout, the potential renovation versus replacement of existing buildings, and opportunities for philanthropic funding. Following discussion and public comment, both the Planning & Transportation Commission and Architectural Review Board voted separately, and unanimously (5–0) to recommend that City Council adopt the Cubberley Conceptual Master Plan, with a list of considerations for Council 47 Staff Presentation, March 11, 2026;
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and staff to evaluate as the project moves forward into future phases of planning and design. Below are the approved motions:

Architectural Review Board:

Moved by Commissioner Templeton, seconded by Commissioner Chang to move the staff recommendation and to recommend that City Council consider the following:
- Consider competition friendly pool size of 50 meters by 25 yards - Revisit the cost effectiveness of buildings S, T, V, E, F, C, D - To review bike and pedestrian routes including the diagonal promenade and the existing safe routes to school on the property
- To clarify that the City lease agreements with PAUSD provide flexibility to the City to make parking improvements including landscaping and paving and have a sufficient duration to adequately provide access to the improvements contemplated in the Master Plan
- Modify the preface and executive summary to include language from page 52 about flexibility and to add the words modern, safe, and sustainable to the project goals
- To encourage a formal process to raise funding from private sources Item 7
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March 24, 2026 Parks and Recreation Commission Meeting
The Parks and Recreation Commission received a presentation from staff49 on the proposed Cubberley Conceptual Master Plan and the Draft Initial Study/Mitigated Negative Declaration (IS/MND) prepared under the California Environmental Quality Act (CEQA), and results of the second and third community polls. Staff presented the City’s long-term vision to redevelop approximately 15 acres of the Cubberley campus, including the potential purchase of seven acres from the Palo Alto Unified School District (PAUSD) for $65.5 million. Staff noted that the purchase and implementation of the plan will depend on identifying funding sources, which may include a potential parcel or sales tax ballot measure in November 2026, development impact fees, grants, philanthropic contributions, and public-private partnerships.

May 18, 2026 City Council Meeting
Staff presented the Draft Conceptual Master Plan, Mitigated Negative Declaration, and results of the fourth community poll to the City Council. Staff’s recommendation to 49 Staff Presentation, March 24, 2026;
https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=247caade-d1e4-47ca-b8e1- bc3f8694739e
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adopt a Resolution adopting the Mitigated Negative Declaration and the Cubberley Conceptual Master Plan was approved by Council unanimously. Staff also recommended the Council provide direction on next steps to advance the project.

Following a presentation on the fourth-round polling results, the Council directed staff to pursue a ½ cent sales tax measure on the November 2026 ballot.

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CITY COUNCIL
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: September 28, 2026
Report #: 2607-6591
TITLE
Approval of a Professional Services and SaaS Agreement C27195677 with TruePoint Solutions, LLC DBA GovPath for an Amount Not-to-Exceed $3,486,301 for the Licensing, Maintenance, and Support of the City’s Building Permitting System on the Accela Platform for a Period of Five Years; CEQA Status - Not a Project.

RECOMMENDATION
Staff recommend that the City Council approve and authorize the City Manager or designee to execute the attached professional services contract with GovPath, Contract No. C27195677, in the amount not to exceed $3,486,301 for the Licensing, Maintenance, and Support of the City’s permitting system on the Accela platform for a term of five years. This amount includes a contract contingency of $250,000 for unforeseen licensing or additional services that might develop during the contract period.

EXECUTIVE SUMMARY
The City's permitting system supports building, planning, and development activities used by residents, contractors, and staff. Staff recommends approval of a five-year contract with GovPath, not to exceed $3,486,301, for licensing, maintenance, and support of the City’s Accela permitting system, which includes a contingency of up to $250,000 for unforeseen needs. This recommendation follows a competitive Request for Proposal issued in October 2025, which resulted in 19 submissions and a multiphase evaluation. GovPath, proposing the Accela platform, received the highest overall score and offered the most cost effective and functionally comprehensive solution. Consolidating services for Accela and the City’s electronic plan review system under one competitively selected vendor will improve system integration, support, and continuity.

GovPath’s proposal maintains competitive licensing rates, includes support for up to 200 users, and aligns with comparable regional contracts. The contract provides 1,000 annual support hours and key technical services needed to maintain and enhance the permitting ecosystem.

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Funding for Year 1 has been appropriated through the Technology Fund and Development Center technology fees, with future years subject to annual budget approval.

BACKGROUND
The City issued a Request for Proposal (RFP) on October 8, 2025, seeking both a permitting platform and an implementation partner capable of collaboratively designing, implementing, and providing ongoing professional support services for a modern system to service the needs of the City’s development community. The RFP for the project was posted on OpenGov, the City’s eProcurement platform. The solicitation closed on November 18, 2025.

Table 1: Summary of Request for Proposal
Proposal Description Permitting and Land Management Software Proposed Length of Project 5 Years
Number of Vendors Notified 3,720
Number of Proposal Packages Downloaded 92
Total Days to Respond to Proposal 50 Days
Pre-Proposal Meeting NA
Pre-Proposal Meeting Date NA
Number of Proposals Received 25 (Qualified submissions: 19) Public Link to Solicitation https://procurement.opengov.com/governments/650/pr ojects/199820/manage
During the submittal period, the City received proposals from 19 vendors (six of twenty-five did not meet submittal requirements). Following an initial evaluation, four finalists were advanced to the second and final phase of the selection process to assess the proposed permitting software and long-term maintenance services. The evaluation included a review of a written proposal packet, cost comparison, demonstrations of the proposed permitting software, and a questions and answers session at the end of the demonstration. In April 2026, the City issued a Notice of Intent to Award to the highest scoring proposer, GovPath, who proposed the Accela permitting system along with GovPath serving as ongoing maintenance and support.

Accela has been the City of Palo Alto’s primary permitting platform for more than a decade, supporting permit applications from contractors and residents and enabling City staff to process permits across multiple departments. Over the years, the City has invested significant time and resources in Accela enhancements and staff training for Building, Code Enforcement, Fire, Planning, Public Works, and Utilities. The City has historically contracted directly with Accela, Inc. for software licensing services. The current agreement began as a five-year contract from October 1, 2018, to September 30, 2023, and was amended in March 2022 to add the Accela Mobile Office and Accela Electronic Reporting Database modules.1 Another three-year 1 Contract C19173550: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/citymanager-reports-cmrs/year-archive/2019/id-9489.pdf Item 8
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extension was approved for October 1, 2023 to September 30, 2026, with competitive solicitation planned for 2025.3 These extensions were granted under exemptions from competitive solicitation due to the City’s substantial investment in the system, making a transition to new technology impractical at the time.

Accela requires specialized configuration and programming, which the City does not staff internally. GovPath, formerly TruePoint Solutions, has supplied these technical skills supporting the Accela environment for the City since 2013. The City previously contracted with TruePoint Solutions in 2013 for support services (Contract S13149314),4 followed by multiple amendments and a new 2017 contract that was extended through 2020.5,6 Subsequent amendments included a January 1, 2021, to December 31, 2024, agreement for $901,683,7 and the most recent amendment (C21179976), approved December 9, 2024, extending through December 31, 2026, with a total authority of $1,263,995.8 GovPath also holds the departmental contract for DigEplan, the City’s electronic plan review software, another technology partner within the permitting ecosystem.9 Staff consolidated these two services into one RFP because permitting software requires ongoing technical support, integration, and upgrades to keep up with the City’s increasing demand and growing needs for improved technology in the permitting process. This approach improves the coordination by using a single vendor responsible for both aspects of the permitting system.
3 City Council, October 2, 2023; Agenda Item #7; SR# 2307-1759, https://cityofpaloalto.primegov.com/viewer/preview?id=2714&type=0 4 City Council, June 3, 2013; Agenda Item #9; SR #3775, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2013/id3775truepoint.pdf; City Council, October 7, 2013; Agenda Item #9; SR #4056, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2013/id4056_phaseiii_techenhanceofblueprint.pdf; City Council, October 5, 2015; Agenda Item #4; SR #6079, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/citymanager-reports-cmrs/year-archive/2015/id-6079.pdf 5 City Council, June 19, 2017, Agenda Item#4, SR# 7888, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2017/id-7888-truepoint.pdf 6 City Council, December 14, 2020; Agenda Item #10; SR #11792, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2020-2/id-11792.pdf?t=60086.04 7 City Council, October 2, 2023; Agenda Item #7; SR #2307-1759, https://cityofpaloalto.primegov.com/portal/viewer?id=2714&type=0 8 City Council, December 9, 2024; Agenda Item #9; SR #2410-3552, https://cityofpaloalto.primegov.com/viewer/preview?id=14085&type=3 9 City Council, December 4, 2023; Agenda Item #5; SR # 2310-2111, https://cityofpaloalto.primegov.com/viewer/preview?id=3291&type=0 Item 8
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ANALYSIS
In the second and final phase of vendor evaluation, GovPath received the highest overall score.

The evaluation also highlighted the significant costs associated with implementing a new permitting system. The implementation cost is the cost to migrate from the City’s current system to a new permitting software; Accela’s implementation cost is $0 because it is the current permitting software of Palo Alto. The financial costs also do not account for the change management of staff and City staff implementation resources needed to support such a transition.

Compared to the recommended contract, the next top three proposals had higher costs.

Implementation costs ranged from nearly $600,000 to nearly $2 million. Annual licensing costs were mostly higher, with one proposal coming in at $400,000 and the others between $500,000-$800,000 per year. Annual licensing costs from alternative vendors for 200 users were comparable to or higher than GovPath’s Accela proposal which is recommended to start at $437,000 in year one.

Cost was not the only variable evaluated. Other proposals lacked critical reporting capabilities for dashboard tracking and necessary integration with the City’s existing electronic plan review software, DigEplan. Alternative vendors had limited experience with U.S. jurisdictions or had only recently entered the land-use permitting market. One vendor worked with only one public agency since 2019, another has only worked with foreign jurisdictions, while the next highestscoring vendor is gaining traction with local jurisdictions but has only recently been implemented in the past two years.

Recommended Contract with GovPath
GovPath’s proposed Accela licensing cost aligns with previous contract rates for 2026 and 2027, with a 4% annual increase thereafter. The average cost per user over the five-year term is approximately $2,134 for up to 200 users, reflecting an increase from the previous 185-user contracts. This contract keeps our annual licensing cost below the regional average.

Neighboring jurisdictions with recently renewed and active Accela contracts, average user cost ranges from $2,190 to $3,089.17
The contract also includes the Enhanced Reporting Database used to support custom Power BI dashboards. This feature will be billed at 10 percent of licensing costs; lower than the 13 percent and 14 percent rates paid by comparable jurisdictions that use this feature.

The following services will be provided, and modules supported through this contract:
• Modules: Building, Planning, Code Enforcement, Fire, Public Works, Utilities, Inspections • Features: Accela Citizen Access (Public-Facing), GovXML, Hosting, Accela Mobile, Accela GIS, Enhanced Reporting Database
• Services: Support and maintenance
17 Comparable agencies included: City of Walnut Creek, Santa Clara, Cupertino, Menlo Park.

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The Department continues to monitor the changes in artificial intelligence technology for the permitting sector. Before the end of the five-year term, the City will reassess options based on the available technology and proceed with a contract amendment or commence a new request for proposals. Contract support hours and contingency for optional enhancements may be used to adapt to opportunities in this ecosystem during the term.

In addition to Accela licensing, GovPath will continue providing maintenance and support for the City’s permitting ecosystem, consistent with the services they have delivered since 2013.

This includes:
• 1,000 hours of annual maintenance and support;
• A Payment Processor Integration subscription compliant with payment security standards; and
• Optional enhancements such as electronic signatures.

The 1,000 annual support hours reflect a reduction from the previous 1,300-hour plus projectbased contract. The reduction aligns with actual usage and preserves a buffer for staffing changes; no reduction in services is expected. This contract structure shifts from project-based support to a fully flexible support-hours model, allowing the City to adapt to evolving priorities.

Use of the contract will align with City needs and the Council-approved budget; the City is not obligated to utilize all contracted services. For licensing needs beyond 200 users, the City will pay a per-license fee as outlined in the attached contract.

FISCAL/RESOURCE IMPACT
Funding for Year 1 in the amount of $400,000 has already been appropriated through the City’s annual budget process in the Technology Fund for Accela licensing, maintenance, and support.

The remaining funds required for Year 1 will be funded through the Development Center technology fees. Technology costs are recovered through a 6% technology surcharge fee that is assessed as part of the planning and permitting fees for private construction projects.

Table 2: Annual Costs
Term Subscription Fees19 Support Services Total
Year 1: 10/1/2026 – 9/30/2027 $436,980 $170,000 $606,980 Year 2: 10/1/2027 – 9/30/2028 $459,187 $170,000 $629,187 Year 3: 10/1/2028 – 9/30/2029 $477,459 $170,000 $647,459 Year 4: 10/1/2029 – 9/30/2030 $496,459 $170,000 $666,459 Year 5: 10/1/2030 – 9/30/2031 $516,216 $170,000 $686,216 Total $2,386,301 $850,000 $3,236,301
19 Annual subscription fees include Accela licenses, Accela Enhanced Reporting Database, and GovPath Payment Processor Integration/Adapter
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Funding for subsequent years of the contract will be subject to approval through the annual budget development process.

Contingency for Additional Services
This contract sets aside the not-to-exceed compensation amount of $250,000 for additional licenses or the performance of additional services. Additional services may include add-ons to the Accela software to improve user experience. Options may include, but are not limited to the following upgrades:
• Electronic signature integration
• Permitting decision tree tools
• Inspection management tools
• Document management integration

STAKEHOLDER ENGAGEMENT
The services were coordinated with internal stakeholders and the service provider.

ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA pursuant to CEQA Guidelines Section 15378(b)(2) because the purchase of software licenses is a continuing administrative or maintenance activity.

ATTACHMENTS
Attachment A: Contract with GovPath; C27195677
APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 8
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Professional Services
Rev. Oct 16,2024

Page 1 of 36 ends

CITY OF PALO ALTO CONTRACT NO. C27195677

AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND TRUEPOINT SOLUTIONS, LLC, dba

GOVPATH
This Agreement for Professional Services (this “Agreement”) is entered into as of the 28th day of September, 2026 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TRUEPOINT SOLUTIONS, LLC. dba GOVPATH located at 950 East State Highway 114, Suite 105, Southlake TX, 76092 (“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS
A. CITY intends to provide the City, its contractors, and its citizens with the ability to apply for and check the status of permits. (the “Project”) and desires to engage a consultant to provide the CITY with access to and use of the online-hosted Accela software-as-a-service platform, as well as GovPath Support Services. in connection with the Project (the “Services”, as detailed more fully in Exhibit A).

B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.

C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.

Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).

CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”.

Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.

Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.

SECTION 2. TERM.

The term of this Agreement shall be from the effective date of this agreement through September 30, 2031 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.

SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.

CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.

SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Three Million, Two Hundred Thirty Six Thousand, Three Hundred and One Dollars, and Twelve Cents ($3,236,301.12). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.

Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the notto-exceed compensation amount of Two Hundred Fifty Thousand Dollars ($250,000) for the performance of Additional Services (as defined below). The total compensation for Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Three Million Four Hundred Eighty Six Thousand Three Hundred One Dollars and Twelve Cents ($3,486,301.12), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.

SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.

SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.

SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.

CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.

SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.

SECTION 12. SUBCONTRACTING.

Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are:

Accela, Inc.

CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.

SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Michele Niccore as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.

CITY’s Project Manager is Jessica Setiawan, Planning & Development Services Department, 250 Hamilton Ave. Palo Alto, CA, 94301, Telephone: (650) 329-2249. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.

SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.

SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.

SECTION 16. INDEMNITY.

16.1. To the fullest extent permitted by law, each party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party, including its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by the Indemnifying Party, its officers, employees, agents or contractors under this Agreement (each an “Indemnifying Party”), regardless of whether or not it is caused in part by an Indemnified Party.

16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require the Indemnifying Party to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, the Indemnifying Party, its officers, employees, agents or contractors under this Agreement.

16.3. The acceptance of each party’s Services and duties by the other party shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.

SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

SECTION 18. INSURANCE.

18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.

18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.

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18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.

18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.

SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.

19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.

19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).

19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.

19.4. No payment, partial payment, acceptance, or partial acceptance by CITY Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).

SECTION 20. NOTICES.

All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303

With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.

CONSULTANT shall provide written notice to CITY of any change of address.

SECTION 21. CONFLICT OF INTEREST.

21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.

21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.

CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.

21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.

SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.

22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section

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penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.

SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.

CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.

SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.

26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).

SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

This Project is not a 9204 Public Works Project.

SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.

28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.

28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.

28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.

28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.

28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.

SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.

29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.

29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.

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agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.

29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.

29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.

29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.

29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.

29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.

SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:

EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1: PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT G: INFORMATION PRIVACY POLICY
EXHIBIT H: CYBERSECURITY TERMS AND CONDITIONS
EXHIBIT I: TRUEPOINT SOLUTIONS LLC, DBA GOVPATH Hosted
Services Terms

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT No. C27195677

SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
TRUEPOINT SOLUTIONS, LLC. dba

GOVPATH
Officer 1
By: ________________________________
Name: Bret Auburn
Title: CEO
Officer 2
By: ________________________________
Name: Brian Weber
Title: Chief Revenue Officer
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EXHIBIT A

SCOPE OF SERVICES
CONSULTANT (‘GovPath ’) will provide the CITY with access to and use of the online-hosted Accela software-as-a-service platform, as well as Accela Support Services. GovPath will supply the subscription service as a partner of Accela Inc. and implementation consultant. A dedicated GovPath project manager is appointed by GovPath as the liaison to work with City staff to further enhance their knowledge and utilization of the Accela product, provide training, develop reports, and modify the Accela Platform to improve efficiency and operations.

Functional Specification & Deliverables
Accela Software
Accela Civic Platform (City side) and Accela Citizen Access (Public side) are web-based applications that allow the City, its contractors, and its citizens to apply for and check the status of permits.

Accela Civic Platform contains the following modules:
• Building Permitting and Inspection
• Planning Entitlements
• Code Enforcement
• Fire Permitting and Inspection
• Public Works Permitting and Inspection
• Business License
• Utilities Permitting
• Service Request Solutions
• Miscellaneous Services
• Pre-Applications
Services:
• Accela Citizen Access (Public side)
• Enhanced Reporting Database (ERDB)
Accela Support Services
The CONSULTANT shall appoint a dedicated project manager to work closely with designated City staff to identify the best approach to maintaining and updating the Accela software. The CONSULTANT will provide the following services:
• Day-to-day mentoring and guidance
• Configuration changes and enhancements
• Create and modify reports and queries
• Create and modify modules, workflows, and record types • Introduce new features and functionality as it becomes available using the most up to date software
• Provide expert support to the operational needs of the City’s end users with all of the City’s Accela products
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• Support implementation and provide training on all Accela modules, Accela Automation, Apps, and Electronic Document Review software
• Establish a process for the testing and implementation of all changes and enhancements prior to formal rollout
• Other services not listed above that support the City’s Accela products CONSULTANT shall provide the following, but not limited to:
• Support via phone, MS Teams, other remote alternatives and onsite, if needed. • A monthly progress report that addresses services provided and reports created in support of the City’s effort to launch most current version of Accela and create management reports. • An approximation of the number of hours it will take to create a report or other project-based efforts and attempt to stay within that estimate prior to implementation. • Response to inquiries within 24 hours.

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EXHIBIT A-1

PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO.

OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:

2. CONSULTANT NAME:

3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________

7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
 SERVICES AND DELIVERABLES TO BE PROVIDED
 SCHEDULE OF PERFORMANCE
 MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B

SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.

Deliverables Schedule
Development, Training, & Support Daily
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.

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EXHIBIT C

COMPENSATION
CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A as budgeted below.

CONSULTANT will provide all hosted services and professional services identified in Exhibit A. CITY agrees to pay and CONSULTANT agrees to accept as total compensation the following:

CONSULTANT shall invoice the CITY for all fees covering the timeline and schedule below. CITY shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. CITY is responsible for paying any and all withholding, sales, valued added or other taxes, duties or charges applicable, other than taxes based on CONSULTANT income and taxable property.

Accela Support Services
Accela Support Services shall be billed on an as needed and project basis depending on the needs of the CITY. At the City’s discretion, the Project Manager may reallocate unused budget from support service hours to GovPath subscription-based enhancements or features (e.g., electronic signatures, G‑wiz).

Term Budgeted
Hours Rate Total
Year 1: 10/1/2026 – 9/30/2027 1,000 $170.00 $170,000
Year 2: 10/1/2027 – 9/30/2028 1,000 $170.00 $170,000
Year 3: 10/1/2028 – 9/30/2029 1,000 $170.00 $170,000
Year 4: 10/1/2029 – 9/30/2030 1,000 $170.00 $170,000
Year 5: 10/1/2030 – 9/30/2031 1,000 $170.00 $170,000
Total 5,000 - $850,000
Annual Subscription Fees
Accela subscription fees are based on a 200 users price level. The fees below assume a 3 to 4% uplift annually.

Term Accela Accela ERDB
GovPath
Payment
Adapter
Total
Year 1: 10/1/2026 – 9/30/2027 $393,041.31 $39,304.13 $4,635 $436,980.44 Year 2: 10/1/2027 – 9/30/2028 $408,762.90 $40,876.30 $9,548 $459,187.20 Year 3: 10/1/2028 – 9/30/2029 $425,113.42 $42,511.35 $9,834 $477,458.77 Year 4: 10/1/2029 – 9/30/2030 $442,117.96 $44,211.80 $10,129 $496,458.76 Year 5: 10/1/2030 – 9/30/2031 $459,802.68 $45,980.27 $10,433 $516,215.95 Total $2,128,838.27 $212,883.85 $44,579 $2,386,301.12
Additional Accela licenses above 200 users will be charged accordingly per license:

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Term Cost Per Additional
Accela License
Year 1: 10/1/2026 – 9/30/2027 $1,965.21
Year 2: 10/1/2027 – 9/30/2028 $2,043.81
Year 3: 10/1/2028 – 9/30/2029 $2,152.57
Year 4: 10/1/2029 – 9/30/2030 $2,210.59
Year 5: 10/1/2030 – 9/30/2031 $2,299.01
Total Fees
Below are the total fees combining the Accela Support Services fees and Annual Subscription Fees listed above.

Term Subscription Fees Support Services Total
Year 1: 10/1/2026 – 9/30/2027 $436,980.44 $170,000 $606,980.44 Year 2: 10/1/2027 – 9/30/2028 $459,187.20 $170,000 $629,187.20 Year 3: 10/1/2028 – 9/30/2029 $477,458.77 $170,000 $647,458.77 Year 4: 10/1/2029 – 9/30/2030 $496,458.76 $170,000 $666,458.76 Year 5: 10/1/2030 – 9/30/2031 $516,215.95 $170,000 $686,215.95 Total $2,386,301.12 $850,000 $3,236,301.12
Additional Services
This contract shall also include $250,000 for additional licensing or services which may develop during the contract term.

REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.

Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.

A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.

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B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.

All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.

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EXHIBIT C-1

SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:

EXTRA WORK
Extra work as directed and approved in advance by the CITY will be billed at CONSULTANT’s standard rate for service, which is listed as follows:

Description Hourly Rate
Consultant $170.00
Project Manager $190.00
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ATTACHMENT “D”

INSURANCE REQUIREMENTS

CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT

OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS SPECIFIED HEREIN.

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

YES GENERAL LIABILITY, INCLUDING PERSONAL

INJURY, BROAD FORM PROPERTY DAMAGE

BLANKET CONTRACTUAL,

PRODUCTS/COMPLETED OPERATIONS AND FIRE

LEGAL LIABILITY

BODILY INJURY

PROPERTY DAMAGE

BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000

YES TECHNOLOGY ERRORS AND OMISSIONS
LIABILITY COVERAGE. THE POLICY SHALL AT A

MINIMUM COVER PROFESSIONAL MISCONDUCT

OR LACK OF REQUISITE SKILL FOR THE

PERFORMANCE OF SERVICES DEFINED IN THE

CONTRACT AND SHALL ALSO PROVIDE
COVERAGE FOR THE FOLLOWING RISKS:
(i) NETWORK SECURITY LIABILITYARISING

FROM UNAUTHORIZED ACCESS TO, USE OF, OR

TAMPERING WITH COMPUTERS OR COMPUTER

SYSTEMS, INCLUDING HACKERS, EXTORTION,
AND
(ii) LIABILITY ARISING FROM

INTRODUCTION OF ANY FORM OF MALICIOUS

SOFTWARE INCLUDING COMPUTER VIRUSES

INTO, OR OTHERWISE CAUSING DAMAGE TO
THE CITY’S OR THIRD PERSON’S COMPUTER,

COMPUTER SYSTEM, NETWORK, OR SIMILAR

COMPUTER RELATED PROPERTY AND THE DATA,
SOFTWARE AND PROGRAMS THEREON.

CONTRACTOR SHALL MAINTAIN IN FORCE
DURING THE FULL LIFE OF THE CONTRACT.

THE POLICY SHALL PROVIDE COVERAGE FOR

BREACH RESPONSE COSTS AS WELL AS

REGULATORY FINES AND PENALTIES AS WELL AS

CREDIT MONITORING EXPENSES WITH LIMITS

SUFFICIENT TO RESPOND TO THESE
OBLIGATIONS.

ALL DAMAGES $2,000,000 $2,000,000
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YES CYBER AND PRIVACY INSURANCE.

SUCH INSURANCE SHALL INCLUDE COVERAGE

FOR LIABILITY ARISING FROM COVERAGE IN AN

AMOUNT SUFFICIENT TO COVER THE FULL

REPLACEMENT VALUE OF DAMAGE TO,

ALTERATION OF, LOSS OF, THEFT,

DISSEMINATION OR DESTRUCTION OF

ELECTRONIC DATA AND/OR USE OF
CONFIDENTIAL INFORMATION, “PROPERTY” OF

THE CITY OF PALO ALTO THAT WILL BE IN THE

CARE, CUSTODY, OR CONTROL OF VENDOR,

INFORMATION INCLUDING BUT NOT LIMITED

TO, BANK AND CREDIT CARD ACCOUNT

INFORMATION OR PERSONAL INFORMATION,

SUCH AS NAME, ADDRESS, SOCIAL SECURITY

NUMBERS, PROTECTED HEALTH INFORMATION

OR OTHER PERSONAL IDENTIFICATION

INFORMATION, STORED OR TRAMSITTED IN
ELECTRONIC FORM.

ALL DAMAGES $2,000,000 $2,000,000

YES AUTOMOBILE LIABILITY, INCLUDING ALL

OWNED, HIRED, NON-OWNED

BODILY INJURY

EACH PERSON

EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000

YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS

AND OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,

SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT

AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY

AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

II. CONTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL ADDRESS: [email protected] III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE

AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE

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AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE

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EXHIBIT “H”

CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privacy and security of the personal information of the City's customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the "Consultant") and its subcontractors, if any, including, without limitation, any Information Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The Consultant shall fulfill the data and information security requirements (the "Requirements") set forth in Part A below.

A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.

In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the "ISM").

Part A. Requirements:

The Consultant shall at all times during the term of any contract between the City and the Consultant:
(a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy:
(c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City, and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following:
http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=5029 7 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role.
(e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels.
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enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated.
(g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role-based access control ("RBAC") and segregation of duties ("SoD") mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture.
(j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release.

Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging.
(m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s) of a third-party service provider(s), as applicable. The scope of these audits will extend to the Consultant's and its third-party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response.
(q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, and the Confidential Information will be accessible only by the Consultant and any authorized third-party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including Vendor's contracting organization's environment).
(s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium.

Within thirty (30) days after the effective date of expiration or earlier termination of this Agreement, all of those records relating to the performance of the Services shall be provided to the ISM.
(t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient.

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(v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City for the systems and services the Vendor provides to the City. (x) Provide and support Single Sign-on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor shall allow two employees of the City to have superuser and super-admin access to the Vendor's IT environment, and a cloud-hosted IT environment belongs to the City.
(y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment, including, without limitation, IT infrastructure communications. (z) The Vendor must provide evidence of valid cyber liability insurance policy per the City’s EXHIBIT “D” INSURANCE REQUIREMENTS.

Part B. Alternate Requirements:

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EXHIBIT I
TruePoint Solutions LLC, DBA GovPath Hosted Services Terms Published: October 1, 2023
Please read these Hosted Services Terms (these “Terms”) carefully. These Terms, policies referenced in these Terms, and all Orders (as defined below) issued in hereunder (collectively, the “Agreement”) is between TruePoint Solutions DBA GovPath (“GovPath”) and the entity identified in an Order (“Customer”). The Agreement is effective as of the effective date listed in the first Order and governs Customer’s use of TruePoint’s Hosted Services (as defined below).

CHANGES TO TERMS. GovPath may make modifications, deletions, and additions to these Terms or any policy referenced in these Terms (“Changes”) by amending this Exhibit pursuant to Section 29.4 of this Agreement.

No terms contained in any purchase order or ordering document or other written communication from Customer or its agent will in any way modify the Agreement, any such terms being expressly disclaimed by GovPath .

1. Definitions.

1. “Content” means, in whole or part, the information, documents, software, products and services, including copies, modifications and derivatives of the foregoing, and all related Intellectual Property Rights of the foregoing.

2. “Customer Data” means any Data provided by Customer to the Hosted Services.

3. “Data” means any data, information or material as provided or made available by GovPath or Customer in connection with the Agreement.

4. “GovPath Technology” means all GovPath proprietary technology made available to Customer in providing the Hosted Services, including the software components provided for install on Customer infrastructure, if any.

5. “Hosted Services” means GovPath's software services being granted access to under the Agreement for the benefit of Customer. GovPath may perform certain aspects of the Hosted Services, such as service administration and application management support, as well as other services from locations and through use of subcontractors worldwide.

6. “Intellectual Property Rights” means patent rights, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights and derivatives, as well as other forms of protection of a similar nature.

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7. “Personally Identifiable Information” means any data, information, or material provided by Customer's consumers, patrons, and clients, whether or not they use Hosted Services (collectively, “Customer’s Customers”) to Customer that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

8. “Quote” or “Order” means that GovPath -issued document that specifies the GovPath Technology ordered by Customer and includes information related to pricing and duration of access to the Hosted Services.

9. “Support Level Agreement” means GovPath 's standard policy for providing Hosted Services that may be found on GovPath 's website at www.grayquarter.com. Any updated Service Level Agreement as posted may be amended from time to time in GovPath 's sole discretion in accordance with the change of terms provision listed above.

2. License Grant and Restrictions.

1. GovPath grants Customer a non-exclusive, non-transferable, worldwide right to access and use the Hosted Services and related GovPath Technology, solely for its own internal business purposes, subject to the terms and conditions of the Agreement in addition to the extent of authorizations acquired by Customer as specified in the Quote.

2. Customer agrees not to: (a) license, sublicense, sell, resell, lease, rent, transfer, assign, distribute or otherwise make available to any third party the Hosted Services or any GovPath Technology; (b) copy, distribute, modify, or make derivative works based upon the Hosted Services or any GovPath Technology; (c) reverse engineer, decompile, or attempt to obtain the source code or algorithms of any of the Hosted Services or any GovPath Technology; (d) knowingly send or store infringing, obscene, libelous or otherwise unlawful or tortious material to the Hosted Services or GovPath Technology; (e) knowingly send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, or programs to or from the Hosted Services or GovPath Technology; (f) interfere with or disrupt the integrity or performance of the Hosted Services or GovPath Technology; (g) attempt to gain unauthorized access to the GovPath Technology or Hosted Services or its systems or networks; (h) make any attempt to circumvent the technological measures that control access to or use of the Hosted Services or GovPath Technology; or (i) use the Hosted Services or GovPath Technology in violation of applicable law.

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3. Unless otherwise agreed by GovPath, Customer agrees to utilize the Hosted Services and GovPath Technology only for its internal business purposes and will not act as a contracted service bureau or type of commercial application service provider that allows for third party access to the Hosted Services in exchange for a fee or profit or even on an unpaid basis. This section does not apply to functionality deliberately designed for the general public to use.

3. Customer Responsibilities. Customer is responsible for all activity occurring under Customer's use of Hosted Services and will abide by all applicable laws, treaties, and regulations in connection with its use of the Hosted Services. Customer agrees to: (a) be responsible for the use of the Hosted Services in compliance with the Agreement by all to whom Customer has given access; (b) promptly notify GovPath of any known or suspected unauthorized use of Hosted Services or any other breach of security of the Hosted Services; and (c) cooperate with GovPath 's investigation of outages, technical issues, security problems, unauthorized use of the Hosted Services, or any suspected breach of the Agreement, or any applicable law, court order, rule or regulation, (d) provide sufficient access to the applicable portions of the Accela System used by Customer so that interfacing can occur.

4. GovPath Responsibilities. GovPath agrees to provide Customer access to its Hosted Services and GovPath Technology during the term and per the terms and conditions of the Agreement. In its sole discretion, GovPath may make changes to or update the Hosted Services and/or GovPath Technology, such as infrastructure, security, technical configurations, application features, and the like, to reflect changes in, among other things laws, regulations, rules, technology, industry practices, patterns of system use and availability, and security. GovPath will make its best efforts to not materially reduce the level of performance, functionality, security, or availability of the Hosted Services during the applicable term under the Agreement. GovPath will take commercially reasonable steps, or cause such commercially reasonable steps to be taken, designed to prevent security breaches of the Hosted Services.

5. Availability and Support. Service administration and technical support for the Hosted Services will be set forth in GovPath 's Support Level Agreement.

6. Use of the Internet. Customer acknowledges and agrees that the internet, and communications over it, may not be absolutely secure and connecting to the internet provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. Data transmitted through the internet or stored on any equipment through which data is transmitted may not remain confidential and GovPath does not make any representation or warranty regarding the privacy, security, authenticity, or non-corruption or destruction of any such Data. Use of the internet is at Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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Customer's own risk. This section does not limit GovPath’s duties to prevent security breaches of the Hosted Services as detailed in this Exhibit.

7. Privacy Policy, Customer Data, and Personally Identifiable Information.

1. GovPath is concerned with the security of the data it will collect while providing Hosted Services to Customer and will utilize commercially reasonable protocols to prevent unauthorized access to that information. Such protocols include policies, procedures, employee training, physical access and technical essentials relating to data access controls. In addition, GovPath uses standard security protocols to facilitate the exchange and the transmission of data. GovPath does not process data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized.

2. If Customer Data is, or is reasonably believed to have been, acquired by unauthorized person(s), GovPath will use its best efforts and commercially reasonable procedures to determine the scope of the breach and to ensure or restore the integrity of the Hosted Services. In the event of a breach, if applicable law requires notification, GovPath will notify Customer of the breach no later than 48 hours after GovPath becomes aware of the breach. GovPath may delay notification if GovPath or a law enforcement agency determines that the notification will impede a criminal investigation. In such a case, notification will not be provided unless and until GovPath or the law enforcement agency determines that notification will not compromise the investigation.

3. GovPath does not own any Customer Data or Personally Identifiable Information.

Customer Data is Customer's proprietary and confidential information and will not be accessed, used, or disclosed by GovPath except for the limited purpose of: (a) supporting Customer's use of the Hosted Services; (b) improve or enhance the Hosted Services and GovPath Technology; (c) monitor Customer's use of the Hosted Services; (d) enforcement of the Agreement; and (e) share with any of GovPath 's affiliates, third party service providers and subcontractors who need to know such information in order to provide the Hosted Services to Customer.

Customer has sole responsibility for the accuracy, legality, reliability, and intellectual property ownership to use the Customer Data. GovPath makes no other warranty or representation regarding the security of Customer Data.

Furthermore, except as to GovPath 's express obligations set forth in the Agreement, Customer is solely responsible for any damage or losses caused by unauthorized destruction, loss, interception, or alteration of Customer Data by unauthorized persons.

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4. Personally Identifiable Information is Customer’s proprietary and confidential information. Although GovPath is capable of accommodating the secure access, use, and processing of Personally Identifiable Information, no Personally Identifiable Information will be accessed, used, processed, or disclosed by GovPath in supporting Customer's use of the Hosted Services. Customer has the sole responsibility for the accuracy, legality, reliability, and protection and fortification and safety of Personally Identifiable Information of Customer's clients. GovPath makes no other warranty or representation regarding the security of Personally Identifiable Information. Furthermore, except as to GovPath 's express obligations set forth in the Agreement, Customer is solely responsible for any damage or losses caused by unauthorized destruction, loss, interception, or alteration of Personally Identifiable Information by unauthorized persons.

5. GovPath reserves the right in its unfettered discretion to modify or change its Privacy Policy to adhere to standards and custom within the industry and as may be required by law. Any posting of an updated Privacy Policy may be found on GovPath 's website (“Privacy Policy”). Any updated Service Level Agreement as posted may be amended from time to time in GovPath 's sole discretion without notice to Customer.

8. Intellectual Property Ownership.

1. GovPath , its licensors or third-party service provider, as appliable, owns all right, title, and interest, in and to the GovPath Technology, Content, and the Hosted Services, including all Intellectual Property Rights in the foregoing, and all will remain the exclusive property of GovPath or its licensors or third-party service providers.

2. This Agreement is not a sale and does not convey any rights of ownership in the GovPath Technology, Content, or Hosted Services. Customer acknowledges and agrees that any enhancements or modifications to the Hosted Services based upon Customer's requests, recommendations, or other feedback, are and will remain the exclusive property of GovPath and/or its licensors or third-part service providers. This ownership is protected not only by the laws of the State of California but also by the laws United States and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights, inclusive of trade secrets. From the date of the Agreement, Customer agrees to use reasonable means to protect the GovPath Technology, Content, and the Hosted Services from unauthorized use, reproduction, distribution, or publication. GovPath reserves all rights not specifically granted in the Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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Agreement. GovPath reserves the right to improve or make changes in its offerings of the GovPath Technology, Content, and the Hosted Services at any time.

9. Fees, Billing, and Payment.

1. Fees and Payment. Customer will pay GovPath all fess specified in the Quote. All fees are payable and due as designated in the Quote; however, if the Quote is silent on the timing of payments, Customer agrees to pay all fees within thirty (30) days from the date of the invoice sent by GovPath . Unless otherwise stated in the Quote and to the extent permitted by applicable law, once due, all fees are non-cancellable and non-refundable. Customer will pay all fees and reasonable reimbursable expenses in full, without any setoff, recoupment, counterclaim, deduction, or withholding for any reason.

2. Taxes. Fees on the Quote may not include sales, use, value added or other excise tax. Customer will pay or reimburse GovPath (the latter if paid by GovPath for the benefit of Customer) for all such taxes based upon the Agreement or fees payable under the Agreement (except for taxes based upon GovPath 's gross revenues or net income), together with any interest on such taxes that is not due to GovPath 's delay.

3. Late Charges. In addition to any other remedy available to GovPath for late payments, Customer will be obligated to pay GovPath interest for fees and charges not paid within forty five (45) days after the invoice date at the compounded rate of one percent (1%) per month or the maximum allowed by law, whichever is less for each month (or partial month), calculated from the date such payment was due until the date paid. If Customer elects to discontinue the Services and does not pay the outstanding fees and charges in full within ninety (90) days of such election, Customer will continue to be charged interest until the balance is paid in full. Customer will be responsible for any costs, including attorney’s fees, incurred by GovPath in collecting any past due amounts.

4. Disputed Charges. Customer may not withhold payment of any invoice based on any dispute other than based on clear error on the face of the invoice, such as a calculation error. Payment by Customer will not preclude Customer from questioning any charges that Customer believes are improper or incorrect, within thirty (30) days after the invoice date. If Customer disputes any charge on a given invoice, Customer pay all non-disputed charges and document the disputed charges in writing to TruePoint. Customer will notify TruePoint in Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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writing, no later than thirty (30) days after the invoice date, of any questions or issues relating to items billed on an invoice or all fees and charges will stand.

10. Term and Termination.

1. Term. GovPath ’s obligations to provide the GovPath Technology and Hosted Services to Customer under the Agreement will commence on the date the Hosted Services are made available for access to Customer and will continue for the period specified in the Quote unless earlier suspended or terminated in accordance with this Agreement.

2. Renewal. Customer’s access to the Hosted Services and GovPath Technology will not automatically renew at the end of the then-current term.

3. Effect of Termination. Upon any termination or expiration of the Agreement, Customer will remove all GovPath Technology that is enable within Customer infrastructure, if any.

11. Representations and Warranties.

1. By GovPath . GovPath represents and warrants that: (a) it will provide the Hosted Services in a manner consistent with general industry standards and as noted in the Support Level Agreement; (b) the Hosted Services will perform substantially in accordance with the provided documentation to Customer, if any; (c) it will use all commercially reasonable efforts to detect software viruses and other undesirable components and will promptly take all reasonable steps to remove or neutralize any such components; (d) it will use leading commercial encryption technology designed to encrypt Customer Data in its possession; and (e) to the best of GovPath 's knowledge, information, and belief, provision by GovPath and use by Customer of the Hosted Services provided under the Agreement does not infringe upon any intellectual property right of any third party.

2. By Customer. Customer represents and warrants that: (a) it will be solely responsible with regard to the quality or completeness of any Customer Data; (b) it, at its own expense, will be solely responsible for establishing, operating and maintaining Customer's connection to the internet in order to interface with the Hosted Services, including but not limited to, procuring, configuring, operating and maintaining all computer hardware and software, including communications equipment, databases, electronic systems, networks, and web browsers, and modems and access lines, necessary for such connection and interface; and (c) it Docusign Envelope ID: C8D39374-9068-814A-81B3-3F0D05231BED Item 8
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will use reasonable best efforts to ensure compliance with the above restrictions, noted in paragraph 2, and all other paragraphs of the Agreement.

12. Indemnification.

1. Customer will indemnify, defend and hold GovPath , and each of GovPath 's affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including attorneys' fees, arising out of or in connection with: (a) a claim by a third party alleging that access to or use of the Customer Data infringes the Intellectual Property Rights or violates any rights of confidentiality of a third party; provided that, in any such case, GovPath : (i) promptly gives Customer written notice of the claim; (ii) gives Customer sole control of the defense and settlement of the claim; and (iii) provides Customer all available information and assistance; and (b) a breach of security or unauthorized use of the Hosted Services which may or may not result in unauthorized third party access to Customer Data or Personally Identifiable Information.

2. GovPath will indemnify, defend and hold Customer and Customer affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including attorneys' fees, arising out of or in connection with: (a) a claim by a third party alleging that the Hosted Services or any GovPath Technology directly infringes an Intellectual Property Right of a third party; provided that Customer: (i) promptly give written notice of the claim to GovPath ; (ii) give GovPath sole control of the defense and settlement of the claim; and (iii) provide GovPath all available information and assistance.

13. Disclaimer. THE REPRESENTATIONS AND WARRANTIES PROVIDED IN THE AGREEMENT ARE GOVPATH 'S COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES. TO

THE FULLEST EXTENT PERMITTED BY LAW, GOVPATH DISCLAIMS ALL OTHER

REPRESENTATIONS, WARRANTIES AND GUARANTIES OF ANY KIND WHETHER EXPRESS

OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF

SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OF THE SUBSCRIPTION

SERVICES OR GOVPATH TECHNOLOGY, AND ANY WARRANTY WITH RESPECT TO THE

SECURITY OF THE SUBSCRIPTION SERVICES OR THAT CUSTOMER DATA OR PERSONALLY

IDENTIFIABLE INFORMATION WILL NOT BE DESTROYED, LOST, INTERCEPTED, OR ALTERED BY UNAUTHORIZED PERSONS. GOVPATH DOES NOT WARRANT THAT THE

OPERATION OR OTHER USE OF THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO CUSTOMER DATA.

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14. Limitations of Liability.

1. GOVPATH ’S LIABILITY WILL NOT EXCEED THE HIGHER OF: (1) THE INSURANCE COVERAGE REQUIRED BY THIS AGREEMENT, OR (2) TWO-TIMES THE AMOUNT

ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

GOVPATH WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,

EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING FROM CUSTOMER'S USE OF THE SUBSCRIPTION SERVICES. THIS LIMITATION OF LIABILITY INCLUDES CUSTOMER’S AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. THIS LIMITATION DOES NOT APPLY TO GOVPATH’S DUTY TO INDEMNITY CUSTOMER AND ITS AFFILIATES UNDER SECTION 12(2.) OF THIS EXHIBIT OR FOR THE WILLFULL MISCONDUCT OF GOVPATH, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

2. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, GOVPATH WILL NOT BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL GOVPATH BE LIABLE TO CUSTOMER OR ITS OFFICERS,

DIRECTORS, EMPLOYEES AND AGENTS FOR, LOST PROFITS, OR SIMILAR

ECONOMIC LOSS OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT,

INDIRECT OR PUNATIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION

INCLUDING BUT NOT LIMITED TO, ACTIONS FOR BREACH OF CONTRACT,

NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY WHETHER IN

CONTRACT, TORT OR OTHERWISE, IN ANY WAY ARISING OUT OF OR IN

CONNECTION WITH THE USE OR PERFORMANCE OF, OR ANY FAILURE OR DELAY

IN PROVIDING THE SERVICES, HOWEVER CAUSED, EVEN IF GOVPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Reserved.

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: September 28, 2026
Report #:2606-6460
TITLE
Approval of Professional Services Contract No. C27197334 with Cascadia Consulting Group, Inc. for a Waste Characterization Study of the City’s Municipal Solid Waste Stream in an Amount Not-to-Exceed $270,233; CEQA Status – Exempt under CEQA Guidelines Sections 15061, 15262

RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract No. C27197334 with Cascadia Consulting Group, Inc., to perform a Waste Characterization Study (WCS) and associated analysis of the City’s municipal solid waste stream, including recyclable, compostable, landfill and construction and demolition materials for a total not-to-exceed amount of $270,233.

EXECUTIVE SUMMARY
The City’s 2018 Zero Waste Plan1 established a goal of 95% waste diversion from landfills by 2030. To support this goal, a waste characterization study is needed to analyze the current composition of the City’s municipal solid waste generated by residents and businesses and collected as recyclable, compostable, landfill, and construction and demolition materials. The contract with Cascadia Consulting Group, Inc. (Cascadia) will provide the City with detailed data on the breakdown of the materials and include recommendations on materials and strategies that could further reduce landfill disposal and support progress toward the City’s diversion goal.

BACKGROUND
Waste characterization studies (WCS) are an essential tool used by the City and the solid waste industry to understand how residents and businesses sort their waste into various containers, including the types and amounts of waste generated. The City’s most recent WCS was completed in 20172 and provided foundational data to support the development of the 2018 Zero Waste Plan (ZW Plan)3. For example, the 2017 WCS found that two-thirds of the waste 1 City of Palo Alto Zero Waste Plan. August 2018. https://www.paloalto.gov/files/assets/public/v/1/zerowaste/zero-waste-website-files/2018-zero-waste-plan.pdf 2 City of Palo Alto, California 2017 Waste Characterization Study. January 2018. paloalto2017wcs_finalreport.pdf 3 City of Palo Alto Zero Waste Plan. August 2018. https://www.paloalto.gov/files/assets/public/v/1/zerowaste/zero-waste-website-files/2018-zero-waste-plan.pdf Item 9
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placed in Palo Alto landfill containers was recyclable or compostable. The WCS also found that most compostable waste in the landfill container was food waste. In response to these findings, initiatives were developed and implemented to expand education and encourage edible food recovery in Palo Alto. Many of the initiatives developed in the 2018 ZW Plan have since been implemented, and new data is needed to evaluate and compare the changes made and to continue moving toward the City’s diversion goal.

The data from the 2026 WCS will be used to develop new initiatives for a future update of the ZW Plan, anticipated to be completed in 2027. This project and its findings will also affect the future solicitation of a new contract for the collection, processing, and disposal of waste materials. These services are currently provided by GreenWaste of Palo Alto (collection and processing of all materials except for garbage) and GreenWaste (garbage processing).

The 2026 WCS will study a total of seven waste categories, which include:
• Residential single-family garbage, recyclables, and compost • Residential multifamily garbage, recyclables, and compost • Commercial garbage, recyclables, and compostables
• Hospital garbage
• Loose roll-off garbage
• Mixed construction and demolition materials
• Residuals that are landfilled
These seven waste categories were selected because they were studied in 2017, allowing the City to thoroughly compare the results of the two WCSs and identify patterns and program effectiveness. The primary objectives of the 2026 WCS include:
• Characterize waste composition
• Sort and quantify collected materials by weight
• Identify recovery and diversion opportunities
• Evaluate variability across the community
• Support program evaluation
• Inform future program development
Collectively, these objectives will provide the City with valuable information, allowing it to compare data from 2017 to 2026, assess the effectiveness of the 2018 Zero Waste Plan initiatives, and inform new initiatives to reduce and divert waste from the landfill. The actual WCS fieldwork and sorting of materials will be conducted at a location within GreenWaste’s material recovery facility in San Jose.

ANALYSIS
The City requires a qualified and experienced consulting firm to conduct a comprehensive WCS, sort collected waste materials, and prepare a detailed report analyzing material composition Item 9
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and recommending strategies to improve material recovery and increase landfill diversion. Due to the nature and quantity of the work, outside resources are required. The recommended consultant to carry out the WCS and meet the project's objectives is Cascadia.

Solicitation Process:

A formal Request for Proposals (RFP) for the WCS was posted to the City’s eProcurement system on April 6, 2026. The City received four proposals on May 20, 2026, all of which were deemed responsive, as summarized in Table 1.

Table 1: Summary of Solicitation Process
Proposal Description Waste Characterization Study/RFP197334 Proposed length of project 4 months
Total days to respond to proposal 44 days
Number of vendors notified 3977
Number of proposal packages downloaded 40
Pre-proposal meeting and date None, N/A
Number of proposals received 4
Proposal price range $120,032 - $291,135
Public link to solicitation https://procurement.opengov.com/portal/palo-altoca/projects/251994 Table 2: Proposals Received
Company Name Location (City, State) Proposal Amount
Cascadia Consulting Group, Inc. Oakland, CA $291,135
SCS Engineers Pleasanton, CA $240,320
Green Group Consulting, LLC Saint Paul, MN $210,500
Nothing Wasted Consulting San Jose, CA $120,032
A team composed of three staff from the Public Works Department evaluated the proposals included in Table 2. Following a comprehensive evaluation, Cascadia received the highest aggregate score and was selected for the quality and completeness of its proposal, the quality and effectiveness of its services, the experience of its staff, and its prior record of performance with the City and other Bay Area jurisdictions.. There were three key differentiating factors in reviewing proposals.

Time criticality. As outlined further below, the 2026 WCS will provide essential data to develop the City’s updated Zero Waste Plan, help shape the service requirements, performance standards for diversion, and establish policy priorities for the future solid waste collection and Item 9
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processing agreement. Selecting a consultant that can complete the work on schedule is a key piece in maintaining progress on the City’s broader waste reduction, contracting, and longrange planning objectives. See Table 3 for an estimated timeline of these projects.

Depth of professional expertise: The City is working toward an ambitious 95% diversion goal. As diversion rates increase, identifying and capturing the remaining recoverable material becomes more complex and challenging. For that reason, it is important to retain a consultant with deep technical expertise, strong analytical capability, and demonstrated success in this specialized field. Cascadia demonstrated this need through their technical expertise and extensive experience performing similar WCSs for local agencies.

Consistently compare with prior reporting to demonstrate trends, changes, and progress towards the City’s 95% diversion goal. The City intends to compare the results of the 2026 WCS with the 2017 WCS to evaluate changes in waste composition and identify progress and remaining opportunities in diversion efforts. Consistency in methodology is key to improve comparability of results, and strengthens the value of the findings for future planning and decision-making. Cascadia’s prior completion of the City’s 2017 WCS provides this additional benefit.

Although Cascadia submitted the highest-cost proposal, staff determined that the cost is justified through the level of detail provided in the proposal, and it represents the best overall value to the City based on the firm’s proposal, technical expertise, ability to meet City’s timeline, and extensive experience performing similar WCSs for local agencies, including prior work for the City. Staff was able to negotiate with Cascadia and get a lower cost proposal. The cost savings to the City between the original Cascadia cost proposal and the updated cost proposal is $20,902.

Table 3: Future Major Refuse Fund Projects and Estimated Timeline Projects Estimated Dates
WCS completed December 2026
Target RFP issuance for consultant services to assist with solicitation process to obtain a new consolidated contract for refuse services October 2026 Target RFP issuance to solicit new consolidated contract for collection, processing, and disposal services for recyclable, compostable, landfill, deconstruction, and construction and demolition materials.

June 2027
Target date for finalizing new agreement June 2028
Current contract with GreenWaste for garbage processing and disposal ends June 30, 2030 Current contract with GreenWaste of Palo Alto ends June 30, 2030 New consolidated solid waste contract begins July 1, 2030 Item 9
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FISCAL/RESOURCE IMPACT
Funding for the recommended contract with Cascadia is available in the Refuse Fund’s Fiscal Year 2027 Adopted operating budget. Table 4 below summarizes the main tasks involved in conducting the WCS and meeting the project’s objectives.

Table 4: Summary of Contract Costs with Cascadia Consulting Group, Inc.

Tasks Amount
Project coordination and administration $9,018
Waste characterization – targeted waste audits $167,987 Prepare reports $32,470
Reimbursable expenses (if any) $51,953
Additional services (if needed for additional sampling or more analysis comparisons) $8,805 Total contract not-to-exceed amount $270,233

STAKEHOLDER ENGAGEMENT
Stakeholder engagement for this action consisted of the City’s competitive procurement process to solicit proposals from qualified firms. Broader community and Council engagement related to the WCS findings is anticipated as part of the future Zero Waste Plan update and the solid waste contract planning process.

ENVIRONMENTAL REVIEW
Council action on this item is exempt from CEQA review under section 15262 of the CEQA Guidelines because the contract is a project involving only a feasibility or planning study for possible future actions, and under section 15061(b)(3) because it can be seen with certainty that this waste characterization study will not have a significant effect on the environment.

ATTACHMENTS
Attachment A: Cascadia Consulting Group, Inc., Contract #C27197334 APPROVED BY:

Brad Eggleston, Director, Public Works/City Engineer
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Professional Services
Rev. Oct 16,2024

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Palo Alto City CouncilSeptember 28, 2026

Palo Alto City Council
September 28, 2026