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2015-12-14 City Council Agenda Packet
CITY OF PALO ALTO CITY COUNCIL December 14, 2015 Special Meeting Council Chambers 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. 1 December 14, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. 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, to change the order of items and/or to continue items to another meeting. Particular 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. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 5:00-6:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Molly Stump, Suzanne Mason, Dania Torres Wong, Alison Hauk) Employee Organizations: Palo Alto Police Officers Association (PAPOA); Palo Alto Police Managers’ Association (PAPMA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Service Employees International Union, (SEIU) Local 521; Management, Professional and Confidential Employees; Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a) 2 December 14, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Special Orders of the Day 6:00-6:30 PM 2.2015 City Manager Year in Review Agenda Changes, Additions and Deletions City Manager Comments 6:30-6:40 PM Oral Communications 6:40-6:55 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 6:55-7:00 PM 3.Approval of Action Minutes for the November 30, 2015 Council Meeting Consent Calendar 7:00-7:05 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4.Approval of Scope of Work and Evaluation Criteria for Request for Proposals for Design Development, Environmental Review and Preparation of Construction Cost Estimates for a New Downtown Parking Garage to be Built on the Existing Parking Lot D 5.Approval of an Assignment and Assumption Agreement to the Lease Between the City of Palo Alto, R&T Restaurant Corporation and Hee King Bistro Inc. for the Palo Alto Municipal Golf Course Restaurant 6.Approval of a Contract With Spencon Construction, Inc. in the Amount of $1,402,581 for the 2016 Sidewalk, Curb and Gutter Repairs Project 7.Approval of Amendment Number 1 to Contract Number C13149733 With Clean Harbors Environmental Services, Inc. in the Amount of $103,135 for a Total Compensation not to Exceed $679,692 for the Transport and Disposal of Ash and Sludge for the Regional Water Quality Control Plant 8.Approval of Contract Number C16161210 With Shah Kawasaki Architects in the Total Amount not to Exceed $599,052 to Provide Architectural Design Services for Fire Station 3 Replacement - Capital Improvement Program Project PE- 15003 3 December 14, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 9.Authorization to Operate the Golf Course From January 1, 2016 to June 30, 2016 and Adoption of a Budget Amendment Ordinance to Increase Golf Course Revenues Estimate in the Amount of $600,956 and Provide Additional Expense Appropriation in the Amount of $600,956 10.Approval of the Fire Insurance Settlement Payment of $553,599 From State Farm Insurance Company for the Property Owned by the City of Palo Alto and Frank Benest at 2257 Bryant Street and Authority to Sell Property 11.Approval of Amendment Number 1 to C & S Engineers, Inc. Contract Number C151555208A to Include Required Federal Contract Provisions and to Increase the Contract by $650,000 for a Total Not-to-Exceed Amount of $900,000 for Professional Engineering and Design Services; Approval of Amendment Number 1 to Mead & Hunt, Inc. Contract Number C151555208B to Include Federal Contract Provisions; and Adoption a Budget Amendment Ordinance to Close the Airfield Electrical Evaluation/Study Project (AP-16001) and Reduce the Anticipated Federal Aviation Administration (FAA) Reimbursement in the Amount of $90,000 and Restore Available Project Budget of $123,415 to the Airport Enterprise Fund; and Establish the Airport Perimeter Fencing Project (AP-16003) in the Amount of $179,838 and Increase the Anticipated FAA Reimbursement in the Amount of $161,854; and Increase the Ending Fund Balance in the AirportEnterprise Fund by $15,431 12.Staff and the Policy and Services Committee Recommend Adoption of the Revised Healthy City Healthy Community Resolution 13.Adoption of a Resolution Amending the Memorandum of Agreement for Service Employees International Union (SEIU), Local 521 to: 1) Increase the Salary Range for the “Traffic Operations Lead” Position in the Planning and Community Environment (PCE) Department, and 2) Change the Classification Title to “Traffic Engineering Lead”; and Adoption of a Related Ordinance Amending the Table of Organization 14.Approval of Seven Separate Three-Year Contracts With Bodhtree Solutions, Inc., Sierra Infosys, Inc., HPC Heck & Partner Consulting, Inc. dba: HPC America, Techlink Systems, Inc., Quintel-MC, Inc., DGNTechnologies, Inc., and Khalid Salman Mohammed for SAP Professional Services in a Total Amount not to Exceed $250,000 Annually for all Seven Contracts 4 December 14, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 15.Approval of and Authorization for the City Manager to Execute an Amendment to Contract Number C15154740 With DNV GL Energy Services USA Inc. to Extend the Term Through June 30, 2017 and to Increase the Compensation by $31,200 for a Total not to Exceed Amount of $265,129; and Adoption of a Related Budget Amendment Ordinance for Fiscal Year 2016 to Provide an Appropriation in the Amount of $32,100 From the General Fund Budget Stabilization Reserve 16.Amendment of the Table of Organization to add One Full-Time Equivalent (FTE) Project Manager to the Public Works Department to Implement and Maintain the Infrastructure Management System, and to Coordinate Regular Reporting to Council and the Public on Infrastructure Status, Capital Improvement Projects Status, and the Infrastructure Plan, and Adoption of a Related Budget Amendment Ordinance 17.Adoption of an Ordinance Amending Municipal Code Section 2.04.200 to Move the Day of Policy and Services and Finance Committee Meetings From Tuesdays to Wednesdays Beginning in 2016 18.Approval of a Contract for Prevailing and Minimum Wage Contract Compliance Program in the Amount of $189,000, Adoption of Resolution Increasing Palo Alto SEIU Hourly and Limited Hourly Employee Wage Rates to Reflect Implementation of City’s Minimum Wage Ordinance and Adoption of a Related Budget AmendmentOrdinance 19.Adoption of an Ordinance Amending Municipal Code Section 2.07.010 to Update Post Government Employment Regulations to Include all City Department Heads 20.Authorize the City Manager or his Designee to Execute the Revised Agreement Which Would Allow the Palo Alto Police Department to Provide Law Enforcement Services to the new Levi’s Stadium in Santa Clara With Respect to Increased Security During the 2016 Super Bowl 21.Confirmation of Appointment of Rumi Portillo as Director of Human Resources (Chief People Officer) and Approval of Employment Agreement 22.Palo Alto Fire Department Quarterly Performance Report for First Quarter Fiscal Year 2016 Correction Memo 5 December 14, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:05-7:10 PM 23.Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting January 11th, 2016 for a Public Hearing for Objections to Proposed Weed Abatement 7:10-8:30 PM 24.Conceptual Approval of Expanded Boundaries for the Downtown Residential Preferential Parking (RPP) Program and Council Direction on Parameters for Phase Two of the Program 8:30-10:00 PM 25.Review and Accept the Public Safety Building Site Evaluation Study of California Avenue Parking Lots C-6 and C-7 for Construction of a New Public Safety Building and Public Parking Structure; Direct Staff to Proceed With Design and Environmental Review of a 3-Story Public Safety Building Meeting Zoning Requirements on Lot C-6, and to Proceed With Design and Environmental Review of a New Public Parking Garage on Lot C-7 That Will Provide Approximately 460 (160 Net New) Public Parking Spaces 10:00-11:30 PM 26.Next Steps for the Highway 101 Pedestrian/Bicycle Overpass Project: Direct Staff to Cease Negotiations With Moffat & Nichol, Issue a NewRFP, and Seek Additional Funding Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. Approval of Amendment Number Three to the Palo Alto-Stanford Fire Protection Agreement With the Board of Trustees of the Leland Stanford Junior University Extending the Term for One Year for a Total Fee of $6.5 Million, and Approval of a Related Budget Amendment Ordinance Reducing the General Fund Budget Stabilization Reserve by $675,000 to Offset a Reduction in FY 2016 Fire Department Revenues. (continued from December 07, 2015 by Staff Recommendation) 22a. 6 December 14, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Sp. Finance Committee Meeting December 15, 2015 Sp. Policy and Services Committee Meeting December 15, 2015 Sp. City Council Rail Committee Meeting December 16, 2015 Sp. CAO Committee Meeting December 16, 2015 City School Committee Meeting THIS PACKET WILL BE RELEASED ON 12/10/15 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Property Leases Entered Into by the City Manager Under Palo Alto Municipal Code Section 2.30.310(h), and Reported per Section Code 2.30.710 Fiscal Year 2015 Boards and Commissions Term End Dates for 2016 (Maddy Act) Public Letter to Council Set 1 CITY OF PALO ALTO OFFICE OF THE CITY CLERK December 14, 2015 The Honorable City Council Palo Alto, California Approval of Action Minutes for the November 30, 2015 Council Meeting Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: Attachment A: 11-30-15 DRAFT Action Minutes (DOC) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 9 Special Meeting November 30, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:05 P.M. Present: Berman, Burt, DuBois, Filseth arrived at 5:07 P.M., Holman, Kniss, Scharff, Schmid, Wolbach Absent: Planning and Transportation Commission: Present: Alcheck, Downing, Fine, Gardias, Rosenblum, Tanaka, Waldfogel Absent: Action Items 19. PUBLIC HEARING: To Consider a Continued Appeal of the Director of Planning and Community Environment’s Architectural Review Approval of a 31,407 Square-Foot, Four Story, Mixed Use Building With Parking Facilities on two Subterranean Levels on an 11,000 Square-Foot Site in the Downtown Commercial (CD-C (GF)(P)) Zone District Located at 429 University Avenue; and Approval of a Mitigated Negative Declaration. Environmental Assessment: A Mitigated Negative Declaration has Been Prepared. This Hearing is Continued From May 4, 2015 *Quasi Judicial. Public Hearing opened at 5:11 P.M. Public Hearing closed at 6:02 P.M. At this time Council heard Agenda Item Number 2. DRAFT ACTION MINUTES Page 2 of 9 City Council Meeting Draft Action Minutes: 11/30/15 Special Orders of the Day 2. Proclamation Honoring Winners of the 2015 Architectural Review Board Awards. At this time Council heard Agenda Item Number 3. 3. Appointment of Three Candidates to the Parks and Recreation Commission to Terms Ending December 15, 2018. First Round of voting for three positions on the Parks and Recreation Commission with terms ending December 15, 2018: Voting For Jim Cowie: Berman, Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Voting For Anne Cribbs: Berman, Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Voting For Judith Fields: Voting For Cybele LoVuolo-Bhushan: Burt Voting For David Moss: DuBois, Filseth, Kniss, Scharff, Schmid Voting For Victoria Thorp: Berman, Holman, Wolbach Beth Minor, City Clerk announced that Jim Cowie with 9 votes, Anne Cribbs with 9 votes and David Moss with 5 votes have been appointed to the Parks and Recreation Commission. At this time Council returned to Agenda Item Number 19. 19. PUBLIC HEARING: To Consider a Continued Appeal of the Director of Planning and Community Environment’s Architectural Review Approval of a 31,407 Square-Foot, Four Story, Mixed Use Building With Parking Facilities on two Subterranean Levels on an 11,000 Square-Foot Site in the Downtown Commercial (CD-C (GF)(P)) Zone District Located at DRAFT ACTION MINUTES Page 3 of 9 City Council Meeting Draft Action Minutes: 11/30/15 429 University Avenue; and Approval of a Mitigated Negative Declaration. Environmental Assessment: A Mitigated Negative Declaration has Been Prepared. This Hearing is Continued From May 4, 2015 *Quasi Judicial. MOTION: Council Member Scharff moved, seconded by Council Member Berman to: A. Refer this project back to Architectural Review Board (ARB) to address concerns raised by City Council; and B. Direct the ARB to vote whether to recommend project approval to the City Council. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “request that the ARB reconsider the project in its entirety as it complies with Context and Architectural Review Findings, specifically Municipal Code Sections: A. 18.76.020 Architectural Review (d)(4); and B. 18.76.020 Architectural Review (d)(12); and C. 18.18.110 Context Based Design Criteria (a)(1)(B); and D. 18.18.110 Context Based Design Criteria (a)(2)(B)(i); and E. 18.18.110 Context Based Design Criteria (a)(2)(B)(iii); and F. 18.18.110 Context Based Design Criteria (b)(2)(B).” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “18.76.020 Architectural Review (d)(1).” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “18.76.020 Architectural Review (d)(2).” DRAFT ACTION MINUTES Page 4 of 9 City Council Meeting Draft Action Minutes: 11/30/15 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “18.18.110 Context Based Design Criteria (a)(2)(B)(ii).” MOTION AN AMENDED PASSED: 9-0 Study Session 4. Joint Study Session of the City Council and Planning and Transportation Commission. Agenda Changes, Additions and Deletions None. Minutes Approval 5. Approval of Action Minutes for the November 9 and 16, 2015 Council Meetings. MOTION: Council Member Scharff moved, seconded by Vice Mayor Schmid to approve the Action Minutes for the November 9 and November 16, 2015 Council Meetings. MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member Scharff moved, seconded by Council Member Wolbach to approve Agenda Item Numbers 6-18. 6. Approval of Transformer Supplier Pre-Qualification Process and Authorization to Spend up to $1,000,000 per Year With any of the Qualified Vendor(s) Over the Next Five Years, Total of not to Exceed $5,000,000 for the Purchase of Electric Distribution Transformers Required to Provide Service to Customers. 7. Resolution 9562 Entitled, “Resolution of the Council of the City of Palo Alto Adopting a Complete Streets Policy to Maintain the City's Eligibility for Regional Transportation Funding.” DRAFT ACTION MINUTES Page 5 of 9 City Council Meeting Draft Action Minutes: 11/30/15 8. Review and Approval of Proposed Bicycle and Pedestrian Improvements Along Bryant Street, Redwood Circle, Carlson Court, Ely Place, Duncan Place, Creekside Drive, Nelson Drive, Shasta Drive and MacKay Drive. 9. Policy and Services Committee Recommendation to Accept the Auditor's Office Quarterly Report as of June 30, 2015. 10. Approval of a Contract Amendment With VOX Network Solutions, Contract Number C12144216 for Additional Phone Equipment and Maintenance in the Amount of $159,899. 11. Approval of Contract Number C16159083 With Cleary Brothers Landscape in the Amount of $831,781 for the Mayfield Soccer Complex Synthetic Turf Replacement Project (Stanford Palo Alto Playing Field, Capital Improvement Project PG-13001). 12. Approval of a Contract With California Land Management Corporation in the Amount of $127,434 for the First Year of Service for Park Ranger Patrol Services in Palo Alto's Urban Parks, Byxbee Park and Baylands Nature Preserve. 13. Approval of Blanket Purchase Order With Hill Brothers Chemical Company in an Amount not to Exceed $536,461 for the Purchase of Bulk Magnesium Hydroxide for the Water Quality Control Plant and Approval of Two One Year Extensions. 14. Authorization to Amend the Legal Services Agreement With the Law Offices of Renne Sloan Holtzman & Sakai LLP to add $45,000 for a Total Not to Exceed Amount of $95,000 for Litigation Defense Services. 15. Request for Pre-Screening of a Proposed Hotel Development at 744- 750 San Antonio Road (to be Scheduled for December 7, 2015). 16. Approval of a Contract With Peninsula Corridor Joint Powers Board in the Amount of $89,490 for 2016 Caltrain Go Pass Program. 17. Approval of Amendment Number Four to Contract Number S13149754 to add $120,000 for a Total Amount not to Exceed $336,000 and Amendment Number Two to Contract Number S15155809 to add DRAFT ACTION MINUTES Page 6 of 9 City Council Meeting Draft Action Minutes: 11/30/15 $25,000 for a Total Amount not to Exceed $50,000 With Renne Sloan Holtzman & Sakai LLP Public Law Group for Labor Negotiations Services and to Extend Both Contract Terms to June 30, 2016. 18. Ordinance 5363 Entitled, “Ordinance of the Council of the City of Palo Alto Establishing a Single Story Overlay District for 83 Homes Within the Los Arboles Tract by Amending the Zoning Map to Rezone the Area From R-1 Single Family Residential and R-1 (7,000) to R-1(S) and R- 1(7,000)(S) Single Family Residential With Single Story Overlay. Environmental Assessment: Exempt From the California Environmental Quality Act per Section 15305 (FIRST READING: November 9, 2015 PASSED 9-0).” MOTION PASSED: 9-0 Action Items 20. Approval of Staff’s Plan to Simultaneously Pursue Response to Council’s Motion on Fiber-to-the-Premises Master Plan and Wireless Network Plan and Continuation of Negotiations With Google Fiber, AT&T; Approval and Authorization for the City Manager to Execute Amendments to two Contracts With Columbia Telecommunications Corporation dba CTC Technology & Energy Extending Each Contract Term Through June 30, 2016 and Increasing Compensation Under: (1) Contract Number C15152568 by $94,490 for a Total not to Exceed Amount of $226,140; and (2) Contract Number C15152569 by $58,850 for a Total not to Exceed Amount of $203,794; Approval of a Temporary Fiber and Wireless Senior Program Manager Position for Three Years at $228,000/Year; and Budget Amendment Ordinance 5364 Entitled, “Budget Amendment Ordinance of the Council of the City of Palo Alto for Fiscal Year 2016 to Provide Appropriation in the Amount of $172,850.” MOTION: Council Member Scharff moved, seconded by Council Member Kniss to: A. Approve Staff’s plans to pursue the following work concurrently: i. Response to Council Motion on Municipal Fiber and Wireless: Staff has developed the Work Plan set forth below to address, by the third quarter of 2016, the Council’s September 28, 2015 DRAFT ACTION MINUTES Page 7 of 9 City Council Meeting Draft Action Minutes: 11/30/15 Motion (the “Council Motion”) requesting clarification and additional work in connection with the City’ Fiber to the Premises (“FTTP”) Master Plan and Wireless Network Plan; and ii. Third Party Provider (Google Fiber, AT&T) Negotiations: Staff is continuing discussions and negotiations with third parties considering new service deployments in Palo Alto, including both Google Fiber (potential citywide FTTP network) and AT&T (GigaPower service), and is currently targeting the end of 2015 through Q1, 2016 for Council consideration of necessary agreements and approvals; and B. Approve a temporary contract position for a Fiber and Wireless Senior Program Manager, dedicated to Fiber-to-the-Premises and wireless initiatives, in the amount of $228,000 annually, $684,000 for a period up to three (3) years; and C. Approve and authorize the City Manager or his designee to execute amendments to two contracts with Columbia Telecommunications Corporation dba CTC Technology & Energy (“CTC”) as follows: i. Increasing the not-to-exceed amount for Contract No. C15152568 (Wireless Network Plan) by $94,490 from $131,650 to $226,140 (includes a 10% contingency for the provision of related additional, but unforeseen consulting services) and extend the contract to June 30, 2016 to develop a Request for Proposal for dedicated wireless communications for Public Safety and Utilities, in addition to evaluating the expansion of wireless access in retail areas; and ii. Increasing the not-to-exceed amount for Contract No. C15152569 (FTTP Master Plan) by $58,850 from $144,944 to $203,794 (includes a 10% contingency for the provision of related additional, but unforeseen consulting services) and extend the contract to June 30, 2016 to provide technical analysis of the Request for Information (RFI) responses and any consulting services needed to help develop a “Dig Once” Ordinance for consideration by the Council; and D. Approve a related Budget Amendment Ordinance in the total amount of $172,850 for Fiscal Year 2016 from the Fiber Fund Rate Stabilization Reserve; appropriate $114,000 to fund the temporary Fiber and DRAFT ACTION MINUTES Page 8 of 9 City Council Meeting Draft Action Minutes: 11/30/15 Wireless Senior Program Manager position for the second half of FY 2016 and $58,850 to fund the CTC contract amendments for FTTP; and E. Move forward with either Google or AT&T to have discussions to concurrently lay City fiber. MOTION PASSED: 9-0 21. PUBLIC HEARING: Adoption of an Ordinance Establishing a Single Story Overlay District for 72 Homes Within the Greer Park Tract Number 796, by Amending the Zoning Map to Re-Zone the Area From R-1 Single Family Residential to R-1(S) Single Family Residential with Single Story Overlay. Environmental Assessment: Exempt From the California Environmental Quality Act Per Section 15305. The Planning and Transportation Commission Recommended Rezoning Only the 47 Parcels With Frontage on Metro Circle and Moffett Circle. Public Hearing opened at 11:13 P.M. Public Hearing closed at 12:08 A.M. MOTION: Vice Mayor Schmid moved, seconded by Council Member Wolbach to adopt an Ordinance reflecting the Applicant-requested Greer Park North boundary for rezoning to R-1-S, Single Story Overlay (SSO) zone district. MOTION PASSED: 9-0 Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements None. Council Member Kniss left the meeting at 12:30 A.M. DRAFT ACTION MINUTES Page 9 of 9 City Council Meeting Draft Action Minutes: 11/30/15 Closed Session MOTION: Council Member Scharff moved, seconded by Vice Mayor Schmid to go into Closed Session. MOTION PASSED: 8-1 Kniss absent Council went into Closed Session at 12:34 A.M. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Molly Stump, Suzanne Mason, Kathy Shen, Dania Torres Wong, Alison Hauk) Employee Organizations: Palo Alto Police Officers Association (PAPOA); Palo Alto Police Managers’ Association (PAPMA; Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Service Employees International Union, (SEIU) Local 521; Management, Professional and Confidential Employees; Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a). Council returned from Closed Session at 12:52 A.M. Mayor Holman announced no reportable action. Adjournment: The meeting was adjourned at 12:52 A.M. City of Palo Alto (ID # 5818) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: New Downtown Parking Garage RFP Title: Approval of Scope of Work and Evaluation Criteria for Request for Proposals for Design Development, Environmental Review and Preparation of Construction Cost Estimates for a New Downtown Parking Garage to be Built on the Existing Lot D From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council review the draft scope of work (Attachment A) and evaluation criteria (Attachment B) for the new Downtown Parking Garage and direct staff to proceed with issuing a Request for Proposals (RFP) to qualified professional design firms for design, environmental review, and preparation of construction cost estimates of a publicly-financed parking garage on parking Lot D at the corner of Hamilton Avenue and Waverley Street. Background On February 10, 2014 Council authorized staff to proceed with several parking strategies aimed at helping to improve parking supply for the University Avenue (Downtown) and California Avenue Business Districts (Staff Report ID #4374). In addition to maximizing use of existing facilities and reducing overall parking demand, Council determined that additional parking facilities would also be needed to support the long-term growth of the Downtown. The Council identified parking facilities in the California Avenue area and Downtown as being among the City’s priority projects and included $9.6 million for a California Avenue garage and $13.0 million for a Downtown garage in the Infrastructure Funding Plan. The Infrastructure Funding Plan, including the garage City of Palo Alto Page 2 funding, was approved by Council on June 9, 2014 (Staff Report ID #4889). The approved plan includes the use of the $4.0 million estimated FY 2014 ending balance in the Downtown parking in-lieu fee fund. This fund can be used toward construction of garages in downtown. On October 20, 2014, Council directed staff to return with a draft Request for Proposal (RFP) and evaluation criteria for purposes of hiring a qualified professional design firm for design, environmental review and preparation of construction cost estimates of a publicly-financed parking garage on parking Lot D at the corner of Hamilton Avenue and Waverley Street (Staff Report ID #5173). The feasibility analysis for Lot D indicated that a new garage could be constructed to provide 214 spaces in addition to the 86 spaces that exist on the current surface lot (total of 300 spaces). The initial project budget of $13.0 million was derived by multiplying the number of additional spaces by the downtown parking in-lieu fee in effect during FY 2014. The motion approved by Council on October 20, 2014 also included additional direction to evaluate feasibility and financing options for a second new garage on Parking Lot G on Gilman Street behind the Palo Alto Post Office. Analysis of options for a garage on Lot G has not yet been initiated. Discussion A new parking garage is part of a multi-pronged strategy to address excessive spillover parking from the University Avenue commercial area into nearby residential neighborhoods. In 2013, the City contracted with an engineering firm, Sandis/HNA Pacific, to assess the feasibility of constructing parking structures on a number of the parking lots downtown. The results of Sandis’ study were shared with Council in February 2014, and Council requested staff work with Sandis to revise their “constructability constraint matrix” to better prioritize locations for potential construction of a new public parking garage in downtown. The revised matrix identified Lot E/G (Gilman St) and Lot D (Hamilton/Waverley) as the best candidate sites for construction of a new parking garage of the sites analyzed. Council selected Lot D as the overall best candidate for a new garage on October 20, 2014. Following Council’s direction on October 20, 2014, Planning Department staff worked with Public Works Department staff to transfer the project for City of Palo Alto Page 3 implementation. A project was created for the New Downtown Parking Garage during the Fiscal Year 2016 Capital Budget document preparation. Funding for the new project (Capital Improvement Program PE-15007) was approved by Council in June 2015 (Attachment C). Public Works then drafted the attached scope of work and evaluation criteria for purposes of procuring design services for the project. Staff has divided the overall project into the following Phases and Tasks. The draft scope of work currently before the Council focuses on Phases II and III. Phase I – Downtown Parking Structure Feasibility Study. o Completed by Sandis Engineering/HNH Pacific on January 20, 2014. Phase II – Preliminary Design o Task 1: Site Survey o Task 2: Preliminary Design Options o Task 3: Design Development o Task 4: Prepare Environmental Assessment o Task 5: Phase II Meetings o Task 6: Phase II Additional Services o Task 7: Phase II Reimbursable Expenses Phase III – Final Design o Task 8: Final Design o Task 9: Phase III Meetings o Task 10: Phase III Additional Services o Task 11: Phase III Reimbursable Expenses Phase IV – Construction Administration Services (future) Following approval of the scope of work and direction by Council, staff will issue the RFP, evaluate proposals received and return to Council for award of contract with the successful firm. The design process will include aspects described in the RFP such as an evaluation of stacked parking technologies and the inclusion of retail space. Timeline The RFP will be issued in early January 2016. Proposals received will be evaluated in early February and a contract award is expected by early March 2016. From that point, the design process will include extensive public outreach, engagement City of Palo Alto Page 4 of neighboring property owners, California Environmental Quality Act (CEQA) analysis, architectural review, Planning and Transportation Commission Review and ultimately City Council approval. Resource Impact Funding for design and environmental review of a downtown parking garage is included in capital improvement program project PE-15007, New Downtown Parking Garage. Policy Implications The following policy statements in the Palo Alto Comprehensive Plan support the construction of new parking supply in addition to Council direction to staff on October 20, 2014: Policy T-45 Provide sufficient parking in the University Avenue/Downtown and California Avenue business districts to address long-range needs. Policy T-47 Protect residential areas from the parking impacts of nearby business districts. The policy implications involve discussion of the potential for increasing traffic in the immediate vicinity of a new garage and balancing this against the benefits (e.g. a reduction in over-flow parking in nearby residential neighborhoods and convenient parking for area employees and visitors). Environmental Review The attached scope of work anticipates CEQA review as part of the design process. Attachments: Attachment A - Draft Scope of Work (DOC) Attachment B - RFP Evaluation Criteria Matrix (DOC) Attachment C - PE-15007 Fiscal Year 2016 Capital Budget Pages (PDF) 1 November 23, 2015 Attachment A sfs EXHIBIT A DRAFT SCOPE OF WORK ARCHITECTURAL and ENGINEERING SERVICES for the DESIGN of a DOWNTOWN PARKING STRUCTURE GENERAL Project Description The Project consists of a final design services for a new parking structure, as outlined in the Downtown Parking Structure Feasibility Study by Sandis/HNA Pacific (Sandis Study), dated January 20, 2014. The City Council-directed location for the publicly-funded structure shall be on Parking Lot D (at Hamilton Avenue & Waverley Street). This property is 29,200 square feet as described in the 2014 Feasibility Study. The study proposed a 5-story structure with up to 3 additional below-grade levels. The structure will incorporate public restrooms, bicycle lockers, and potentially 2,000 to 6,000 square feet of retail or other uses as determined by City (e.g. a parking management office). The existing parking Lot D contains 86 stalls. The new garage would provide 300 stalls according to the Sandis Study for a net gain of 214 stalls. Project Phases The following phases are referenced in this Scope of Work. They are as follows: Phase I: Downtown Parking Structure Feasibility Study. Completed by Sandis Engineering/HNH Pacific on January 20, 2014. Phase II: Preliminary Design. Includes environmental assessment and design services to approximately 60 percent completion. Phase III: Final Design. Includes construction document preparation and attainment of building permit approval. Phase IV: Construction Administration Services (future) This Scope of Work focuses on Phase II (Preliminary Design) and Phase III (Final Design) for the new garage. Scope and fees for Phase IV (Construction Administration Services) will be negotiated prior to construction. Implementation of Phase IV is dependent upon receipt of affordable construction bids from qualified contractors. Project Budget Information 2 November 23, 2015 It is City’s intent to finance the funding of the parking structure on Lot D through Certificates of Participation (COPs). The total project budget with design and soft costs is set at $13,000,000. Services and Information Provided by City The following services will be provided by City: Permit and zoning application and processing Title Reports for Parking Lots D Meeting schedules, agendas and mailers Review and comment on what may be necessary to complete design milestones, and/or approve completion of design milestones and cost estimates Advertising of construction documents Utility coordination and construction permits The following information will be provided or made available by City to Consultant: Existing as-built drawings Existing right-of-way maps and survey information Bid documents and general provisions Standard Specifications Existing off-site hydrology information Definitions The following definitions are used in this Scope of Work: Primary Structural System: the completed combination of elements which serve to support the Building’s own weight, the applicable live load which is based upon the occupancy and use of the spaces, the environmental loads such as wind and thermal, plus the seismic loading. Examples of elements which are not part of the Primary Structural System may include, but are not limited to: curtain wall members, non-load bearing walls, exterior facade. Pre-Engineered Structural Elements: are structural elements which are specified by Consultant but may be designed by a Specialty Engineer. These elements are normally fabricated off-site, require specialized equipment not usually available at the job site or could require a proprietary process. Consultant shall specify the design criteria including the incorporation of the Pre- Engineered Structural Elements into the structure. Examples of Pre-Engineered Elements may include but are not limited to the following: Open web steel joist and joist girders 3 November 23, 2015 Prefabricated wood trusses Combination wood and metal, and plywood joist Precast concrete elements Prefabricated wood or metal buildings Tilt-up concrete panel reinforcement and hardware required for lifting into position Prefabricated stairs Elevators Exterior Wall Systems Specialty Engineer: an engineer who is lawfully eligible to seal plans and designs for Pre- Engineered Structural Elements which become part of the building. The Specialty Engineer is usually retained by a supplier or subcontractor who is responsible for the design, fabrication and (sometimes) installation of engineered elements. Secondary Structural Elements: are structural elements that are structurally significant for the function they serve but do not contribute to the strength or stability of the primary structure. Examples include, but are not limited to: support beams above the primary roof structure which carry a chiller, elevator support rails and beams, retaining walls independent of the primary building and flagpole or light pole foundations. Non-Structural Elements: are elements of a structure that are not part of the primary or secondary structural elements. Items in this category include, but are not limited to, exterior curtain walls and cladding, non-bearing partitions, stair railings, etc. Construction Cost of the Project: is the cost of all labor, materials and equipment used or incorporated to construct the entire project. Phase II- Preliminary Design The services to be provided are described herein. This Scope does not include services for Project Peer Review or Special Inspections. Task 1: Site Survey A. Boundary Survey: Conduct boundary field survey of Lot D, sufficient to confirm the existing lot lines and any underlying lot lines (e.g., the survey will locate frontage and side limits of the proposed right-of-way line). Boundary lines will be shown on the base sheets as well as zoning setback lines. 4 November 23, 2015 B. Consultant shall prepare an ALTA map showing existing easements and legal encroachments. Existing easements and encroachments should be plotted on the boundary survey map. City will provide current title reports for both properties to assist with the creation of the ALTA map. C. A survey of existing utilities shall be prepared and shown on the base sheets. Existing utilities that are to be removed or relocated shall be shown on the plans. Task 2: Preliminary Design Options A. Consultant will prepare a preliminary design options in sufficient detail to fix the general size, character and type of building materials, structural framing and foundation system, building utilities, mechanical/HVAC, electrical, natural gas, water supply and drainage piping, fire sprinkler and landscaping. The extent of detail for these systems is intended to facilitate an estimate of probable construction cost with suitable design and construction contingencies for comparison to the overall project budget. This Task will be split into two separate subtasks: 1. Schematic Design Subtask 2.1 - This subtask involves defining the final project program, project constraints, possible inclusion of public art, and testing the project program in conceptual project layouts. Subsequent to this, the conceptual design will be refined to determine the massing of the building, preliminary structural sizes, layout and architectural character of the project for a study session review by the Architectural Review Board (ARB). During this subtask Consultant shall: a. Review with City alternative approaches to architectural design of the Project to include retail space options and stacked parking system options. b. Meet with City and Public Art Commission Liaison to determine if and what public art may be included in the project. c. Review with City alternative structural systems for the Project. d. Prepare, for approval by City, Schematic Design Documents consisting of drawings and other documents illustrating the following: Preliminary architectural floor plans of all levels of the structure to include public restrooms, bicycle enclosures, 2,000-6,000 square feet of retail use, landscaping plans including irrigation, trellis, and fencing. Preliminary building elevations Two preliminary building sections 5 November 23, 2015 Preliminary three-dimensional computer models suitable for use in determining the architectural character of the structure. Typical structural framing plans Preliminary construction cost estimates e. Establish the structural design criteria which may include, but is not limited to: Deflection criteria Lateral movement criteria Vibration criteria Live load criteria Other criteria as specified by City f. Assist in the preparation and updating of the project schedule g. Attend public and other meetings as required (see Task 5) 2. Retail Space and Stacked Parking Systems Evaluation Subtask 2.2 During this subtask Consultant shall: a. Work with City to determine the feasibility of incorporating retail area and/or stacked parking systems into the proposed structure on Lot D. A space and needs analysis shall be performed in order to determine the feasibility. b. If it is determined that retail space and/or stacked parking systems in the new parking structure are feasible, architectural design shall be incorporated upon authorization by City. Based upon the space and needs analysis performed above, conceptual tenant improvement drawings for the retail area will be prepared to include interior layout plans, interior elevations, millwork details, finish schedules, specifications and furniture, fixture and equipment plans and specifications. These deliverables will be suitable to describe the size and character of this portion of the work to a level that corresponds to the rest of the project work described in Task 2 and continuing in Task 8 under Phase II. Task 2 will culminate with a presentation to City Council so that they may select the preferred layout, retail configuration, and parking system for the garage. Task 3. Design Development This task involves taking the schematic design documents for the Council-selected design options for Lot D and refining the elements into a more detailed architectural design, involving layouts of the mechanical, electrical, plumbing and other systems as well as civil and landscape design. 6 November 23, 2015 During this task Consultant shall: Prepare Design Development Documents for approval by City, based on the approved design options and Schematic Design documents and any adjustments authorized by City in the program. Design Development Documents shall consist of drawings and other documents to fix and describe the size and character of the Project as to architectural and structural materials. The Design Development Phase shall include: 1. Design Development Documents consisting of: Architectural floor plans of all levels to include public restrooms, bicycle enclosures, retail space (if directed), stacked parking (if directed), landscaping plans including irrigation, trellis, and fencing. Enlarged floor plans where appropriate Building elevations of all required sides of the structure At least two building sections Enlarged sections as appropriate Structural framing plans, including foundation plans Cost estimates Typical detail sheets as required Preliminary specifications Mechanical, electrical, plumbing, civil, landscape and graphics drawings Three-dimensional computer models of the structure suitable for use in refining the architectural character 2. Consultant shall assist in the preparation and updating of the project schedule 3. Provide structural criteria as needed for geotechnical engineer 4. Provide environmental assessment (see Task 4) 5. Consultant shall attend public and other meetings (see Task 5) Task 4: Prepare Environmental Assessment A. After the Project design has progressed to a sufficient stage, Consultant shall prepare an Initial Study. If the Initial Study indicates that the project impacts can be mitigated to an insignificant level, a Mitigated Negative Declaration shall be prepared, complete with drawings and other necessary documents. This Initial Study/Mitigated Negative Declaration will be formatted to meet the requirements of City (“Environmental Assessment Worksheet”) and the California Environmental Quality Act (CEQA) guidelines. The document will include a project description, environmental checklist, description of the environmental 7 November 23, 2015 setting, description of the potentially significant impacts, and identification of proposed mitigation. The Initial Study/Mitigated Negative Declaration will be submitted to City staff for review and comment. The areas of anticipated analysis and discussion in the Initial Study/Study/Mitigated Negative Declaration are described below: 1. Project Description: The proposed parking structure will be described and project plans presented. In addition, the Project’s objectives will be described. 2. Land Use: This section will address the land use impacts associated with any needed right-of-way acquisition from adjacent property owners, zoning requirements as well as the relocation of existing utilities. 3. Traffic: Traffic impacts along adjacent roadways, intersections and nearby roadways and neighborhoods will be addressed for the following scenarios: a) no-build b) build a new parking garage on Lot D to include the following if selected: i) build a parking garage ii) build a parking garage with retail iii) build a parking garage with retail and stacked parking. iv) build a parking garage with stacked parking, but no retail The traffic portion shall identify potential pedestrian crossing or other safety conflicts, mid-block operational and on-street parking issues. 4. Geology/Soils: The geologic and soils conditions in the project area will be described. Potential geologic impacts that may be associated with the Project will be assessed, including slope stability and seismic hazards. Consultant shall take soil samples at appropriate locations and prepare geotechnical recommendations based on soil strength and properties. The analysis shall include testing of soils for contamination. Should it be determined that soil at the site is contaminated, an appropriate remediation plan with cost estimate shall be developed. The cost for the soil sampling and analysis shall be included in this task, however, any needed remediation plan shall be negotiated as part of Extra Services. 5. Vegetation: This section will describe the vegetation resources located within the Project area. The investigation will include a summary of the existing vegetation on the site and estimates of vegetation removal. 6. Drainage/Flooding: This section will address the existing drainage conditions within the project area and will address any drainage impacts from the Project including: review of available plans and calculations for existing adjacent storm drainage facilities (supplied 8 November 23, 2015 by City) for evaluation of a tie-in to existing system; update calculations to check for available capacity in existing system to receive any additional runoff; calculate the new runoff, sizes and grades of required storm drainage system. 7. Cultural Resources: A cultural resources investigation within the Project area will be conducted. This investigation will include a literature search of the Project site. Impacts to potential archeological resources will be assessed and appropriate mitigation identified. The draft document will be revised based on written comments and resubmitted to City for public circulation. After completion of the 30-day public circulation period, Consultant will prepare written responses to any comments received on the Initial Study and submit them to City. Task 5: Phase II Meetings A. Throughout the Phase II design process, Consultant shall be prepared to address comments and concerns of City staff, downtown merchants, neighboring property owners, citizens and Council. At the request of the Project Manager, Consultant shall prepare presentation materials for and attend meetings (of the estimated number and duration) with any or all of the following, which shall be paid on a time and materials basis: One (1) kick-off meeting prior to commencing design One (1) meeting with the Public Art Commission to review Schematic designs One (1) Architectural Review Board meeting to review Schematic designs One (1) meeting with Council to present Schematic designs for final site selection One (1) meetings with the Architectural Review Board, two (2) with the Planning Commission and one (1) with Council relative to zoning changes at the Design Development stage Three (3) meetings with neighbors/community/downtown merchants’ groups to discuss design issues One (1) informational meeting with Council Meet as needed with City staff and project stakeholders Task 6: Phase II Additional Services Services beyond those outlined under Basic Services (as described in Tasks 1-6 above) are frequently requested. They are categorized as Special and Extra Services. These services may be provided by Consultant under terms mutually agreed upon by City and Consultant. 9 November 23, 2015 Special Services are services which may or may not be foreseen at the beginning of design stages, and are not normally included as Basic Services. Examples include, but are not limited to: 1. Field Investigation of existing Buildings and structures including surveys of existing construction, hazardous materials reports or to make measured drawings thereof. 2. Studies of various schemes to accommodate special energy requirements. 3. Continuous and/or detailed inspections of construction. 4. Design for future expansion, facilities, systems and equipment. 5. Providing services of consultants other than those provided as part of Basic Services. 6. Services related to the analysis of the Client’s needs and programming the requirements of the Project other than those listed under Basic Services. 7. Tenant-related design services other than those listed under Basic Services. 8. Services connected with the preparation of documents for alternate bids or for segregated contracts for phased or fast-track construction. 9. Design or field observation of shoring and bracing for excavations and building, of underpinning of adjacent structures. 10. Design or review related to contractor’s construction related equipment, e.g., cranes hoist, etc. 11. Preparation of shop or fabrication Drawings, for example, tilt-up wall panel drawings, reinforcing and structural steel detailing, etc. 12. Services connected with interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment other than those listed under Basic Services. Extra Services -These are services which arise as a result of unforeseen circumstances during the design process. Examples include, but are not limited to: 1. Services resulting from changes in scope or magnitude of the project as described and agreed to under the Basic Services agreement. 2. Services resulting from revisions which are inconsistent with approvals or instructions previously given by Consultant. 3. Services resulting from revisions due to the enactment or revision of codes, laws, or regulations subsequent to the preparation of documents. 4. Services due to extended design or construction time schedules. 5. Services, including assisting in preparation for litigation or arbitration as witnesses or consultants, in connection with any public hearing, arbitration or legal proceedings with respect to the project. 6. Services resulting from damage, as the result of fires, man-made disasters, or acts of God. 7. Review and design of alternate or substitute systems. 8. Contaminated soils remediation plan. 10 November 23, 2015 Task 7: Phase II Reimbursable Expenses Invoiced at cost plus 10% in addition to compensation for Basic and Additional Services and include expenses incurred by Consultant in connection with the Project, as identified in the following: Provide ten (10) sets Schematic Design documents for City review. Provide ten (10) sets of Design Development documents for City review. For the re-zoning process, provide: Twelve (12) sets of plans no larger than 24"x36" for each Architectural Review Board review; photographic display showing the relationship of the proposed project to adjacent buildings and to the neighborhood. Photos shall be mounted on cardboard no larger than 8"x14" and will become the property of City. Expense of transportation in connection with the Project; expense in connection with authorized out-of-town travel; long-distance communications. Expense of reproductions, postage, and handling of Drawings, Specifications, and other documents. If authorized in advance by City, expense of overtime work requiring higher than regular rates. Expense of renderings, models and mock-ups requested by City other than those listed as part of Basic Services. Phase III - Final Design for New Garage on Parking Lot D If funding for construction becomes infeasible, or construction costs are significantly higher than anticipated, Phase III work (Final Design) may not be initiated. At the direction of City, Consultant shall resolve outstanding work items and consolidate all project files and documentation. Task 8: Final Design Based on the approved Phase II Documents for Parking Lot D and any adjustments authorized by City in the program, schedule or construction budget, Consultant shall prepare, for approval by City, the Phase III Drawings consisting of drawings and other documents to fix and describe the size and character of the Project. These drawings will be suitable for bidding, plan check and construction. During this phase Consultant shall: 11 November 23, 2015 1. Prepare the Contract Documents which may include the following: Cover sheet and general notes Architectural and Structural floor plans with dimensions. Building sections and elevations Enlarged floor plans, elevations, and sections Door schedules Finish schedules and legend Construction details necessary for permit and construction Mechanical, Electrical, Plumbing, Security, Civil, Landscape and Graphics drawings as prepared by consultants Specifications Structural Calculations for the Primary Structural System for submittal to Governing Building Officials Pedestrian/sidewalk protection requirements during construction. 2. Designate elements to be designed by Specialty Engineers under the employ of the contractor. The Contract Documents shall specify Structural Design Criteria, type of element, position within structure and connection to Primary Structural System, and required Submittals (see “Definitions” above) 3. Review the effect of Secondary and Non-Structural elements on the Primary Structural System and design the information regarding the supporting capability and physical attachment limitations of the Primary Structural System (see “Definitions” above) 4. Designate on the Contract Documents all required Special Inspection and Testing 5. Respond to Building Official’s comments on Contract Documents prepared by Consultant and coordinate response of subconsultants. 6. Attend meetings with city staff and review agencies (see Task 9 below). 7. Preparation of the anticipated project construction schedule. 8. Preparation of the estimated construction cost at 60% and 95% stages. Task 9: Phase III Meetings A. Throughout the Phase III design process, Consultant shall be prepared to address comments and concerns of City staff, downtown merchants, citizens, Council and other groups. In addition, at the request of the Project Manager, Consultant shall prepare presentation materials for and attend meetings (of the estimated number and duration) with any or all of the following: Two (2) meetings to discuss community and downtown merchants’ comments/concerns on design issues. One (1) City Council meeting. 12 November 23, 2015 Meet as needed with City to discuss project status The above meetings shall be paid on a time and materials basis. Task 10: Phase III Additional Services See Phase II, Task 6 for Additional Services items. Task 11: Phase III Reimbursable Expenses Invoiced at cost plus 10% in addition to compensation for Basic and Additional Services and include expenses incurred by Consultant in connection with the Project, as identified in the following: Provide ten (10) sets of 60% construction documents for City review. Provide ten (10) sets of 95% construction documents for City review. Provide ten (10) sets of 100% construction documents for City review and submission for building permit approval. Expense of transportation in connection with the Project; expense in connection with authorized out-of-town travel; long-distance communications. Expense of reproductions, postage, and handling of Drawings, Specifications, and other documents. Expense of renderings, models and mock-ups requested by City other than those listed as part of Basic Services and typically required for Architectural Review Board presentations. Phase IV - Construction Administration Services A detailed scope of work and corresponding fee will be negotiated at the successful completion of Phase III activities. . -- END -- Proposal Evaluation Matrix Attachment B File Number: RFP XXXXXX RFP - New Downtown Parking Garage Date: MM/DD/YYYY XX proposals received PM: Matt Raschke CRITERIA Points Bidder #1 Bidder #2 Bidder #3 Bidder #4 Bidder #5 Bidder #6 Bidder #7 Bidder #8 Bidder #9 Bidder #10 Bidder #11 Bidder #12 Quality and Completeness of Proposal 10 Quality, performance and effectiveness of the proposed solution and services to be provided 10 Quality of the proposed project innovations 10 Demonstration of methods to quickly obtain necessary project approvals in Palo Alto 10 Proposer’s experience, including the experience of staff and sub- consultants with respect to past projects involving public parking garages 5 Proposed Project Timeline 5 Cost to the City 20 Proposer’s financial stability 5 Proposer’s ability to perform work within time specified 5 Proposer’s prior record of performance with City or others 10 Proposer’s ability to provide future records, reports, data, service 5 Proposer’s compliance with applicable laws 5 OVERALL RATING 100 RANKING Buildings and Facilities CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET 141 New Downtown Parking Garage New Downtown Parking Garage Description This project provides funding for a new public parking garage in the University Avenue com- mercial area. The preferred location has been identified as Lot D at the corner of Waverley Street and Hamilton Avenue. An alternate location, Lot G behind the Post Office is also investi- gated. The project will also evaluate the feasibility of including retail and stacked parking as part of the new structure. Design and environmental consultant services will be needed, includ- ing the development of preliminary plans and cost estimates, and completion of the project's environmental review. Justification A new parking garage is part of a multi-pronged strategy to address excessive spillover parking from the University Avenue commercial area into nearby residential neighborhoods. Supplemental Information The New Downtown Parking Garage project is included in the City Council approved Infrastruc- ture Plan. It is anticipated that once a specific site is identified, the title of this project will be refined. Fund: Capital Improvement Fund Category: Buildings and Facilities Project Location: TBD Managing Department: Public Works IBRC Reference: New Initial Project Start: Spring 2015 Initial Project Completion: Fall 2018 Revised Project Start: Revised Project Completion: Project Number: PE-15007 Hamilton Avenue/Waverley Street, March 2015 Funding Sources Schedule Funding Source Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Capital Improvement Fund 0 0 0 182,778 106,829 120,977 44,404 0 454,988 0 454,988 Transfer from Stanford University Medical Ctr Fund 0 0 0 0 9,072,000 0 0 0 9,072,000 0 9,072,000 Other 0 0 0 900,000 2,741,000 0 0 0 3,641,000 0 3,641,000 Total 0 0 0 1,082,778 11,919,829 120,977 44,404 0 13,167,988 0 13,167,988 Buildings and Facilities 142 CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET Operating Impact This project is anticipated to impact operating expenses in the future. As these costs are quan- tified, adjustments will be brought forward in future budgets, as necessary. Expenditure Schedule Project Phase Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Construction 0 0 0 0 11,919,829 120,977 44,404 0 12,085,210 0 12,085,210 Design 0 0 0 1,082,778 0 0 0 0 1,082,778 0 1,082,778 Total 0 0 0 1,082,778 11,919,829 120,977 44,404 0 13,167,988 0 13,167,988 Relationship to Comprehensive Plan Primary Connection Element: Community Services & Facilities Section: Parks and Public Facilities Goal: C-4 Policy: C-24 Potential Board/Commission Review: Architectural Review Board Planning and Transportation Commission Environmental Impact Analysis: CEQA will be required. City of Palo Alto (ID # 6334) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Approve of a Sublease Agreement for R&T Restaurant Title: Approval of an Assignment and Assumption Agreement to the Lease Between the City of Palo Alto, R&T Restaurant Corporation and Hee King Bistro Inc. for the Palo Alto Municipal Golf Course Restaurant From: City Manager Lead Department: Administrative Services RECOMMENDATION: Staff recommends that Council approve: The attached Assignment and Assumption Agreement (Attachment A) of the Lease (Attachment B) between the City of Palo Alto, R&T Restaurant Corporation (R&T), and Hee King Bistro Inc. for the Palo Alto Municipal Golf Course Restaurant. The Assignment and Assumption agreement provides for: (1) the transfer of the existing Lease with the City of Palo Alto (City/landlord) from R&T Corporation (Tenant) to Hee King Bistro Inc.; and (2) The assumption agreement does not release the original Tenant from his obligation under the original lease and the Tenant remains secondarily liable for the obligations of the assignee under the lease if the assignee defaults, meaning that if the landlord cannot recover from the assignee, it can thereafter pursue the tenant. EXECUTIVE SUMMARY On May 1, 1998, a twenty (20) year lease between the City and R&T commenced. The existing Lease will expire on April 30, 2018. The R&T restaurant is located on the Palo Alto Golf Course site and it relies on foot traffic, activities, and golf tournaments as a major part of its revenue. In the past three years, since the announcement of the Golf Course renovation project, there has been a decline in the revenue of the Palo Alto Golf Course and the R&T Restaurant due to cancelation of tournaments and the shortening of the course resulting from stockpiling soil in preparation the pending renovation. R&T’s owner/operator has decided to retire and to sell its ownership right to Hee King Bistro Inc. R&T has requested the City to permit the transfer of the restaurant and assignment of the lease by the new assignee. The new partnership has proven adequate financial resources to acquire the R&T restaurant without any debt financing and will allocate sufficient working capital to operate the business into the future. City staff has had several meetings with the Assignee’s management team to evaluate their experience, City of Palo Alto Page 2 background, and financial position, legal formation (Attachments C & D) proposed operating plan and to inform them of City’s expectations and performance standards. Under the current lease agreement, the monthly rent is $2,200 or 7% of the gross revenues, whichever is greater, and the utilities payment is $1,500 up to the closure of the golf course. During the planned construction period of the Golf Course, the rent will be based on a percentage system that would require the tenant to pay seven percent (7%) of the gross sales to City. At the completion of the Golf Course Project when the course becomes fully operational, the payments for rent and utilities will revert to the present agreement per the terms and conditions in the Lease. BACKGROUND The Golf Course was constructed in the mid-1950's on 184 acres of flat former salt-marsh and bay fill. The course was designed by noted golf course architect William R. Bell of Pasadena, California. The Golf Course was designed as an 18-hole facility with a par of 72. The facility includes a large practice putting green, a three-building Eichler-designed clubhouse golf shop complex, a restaurant and parking lot. There is also a separate lease agreement with R&T Restaurant Corporation (R&T) for food and beverage services at the Golf Course. The R&T lease agreement for food and beverage operations expires on April 20, 2018. In July of 2012, the Finance Committee recommended to Council that staff be directed to pursue Golf Course redesign Option G, which adds space for up to three full-size athletic fields and re-configures the entire Golf Course for the Palo Alto Municipal Golf Course to mitigate impacts from the San Francisquito Creek realignment project. The goal was to create Golf Course reconfiguration alternatives to support the flood control project while also taking advantage of the opportunity to design a more interesting, inviting and playable Golf Course that has the Potential to make the Golf Course more financially viable in the future. In the past three and half years, the City has been working with local, state and federal agencies to obtain the necessary approvals to start the redesign project of the golf course. The project was scheduled to start in April of 2013, for duration of between 12 to 18 months, but was further postponed to April of 2014. Due to additional difficulties in the permitting process, the projected start date has been moved again to a future date. The golf course consultants also noted that that there would be a substantial disruption in business, during the construction period. In October of 2014, the City Council approved an amendment to the lease (Attachment E) that provided reduction in rent and utility charges to R&T Restaurant since the pending golf course project had negatively impacted the business of the restaurant. R&T Restaurant has been a tenant of the City since 1998 providing breakfast, lunch, catering, happy hour and banquets services to golfers, airport users and other patrons in the area. City of Palo Alto Page 3 DISCUSSION Earlier this year, Mr. Talai, the owner/operator of the restaurant contacted City staff (Attachment F) to inform them that because of his planned retirement, he would be seeking qualified restaurant operators to purchase his business and take over the existing lease which is set to expire in April of 2018. The XXIX section of the existing Lease between the City and the R&T Restaurant allows assignment and sublease of the existing agreement to a qualified third party contingent upon approval of the City. During the current year, City staff has held several meetings with the R&T owner and several prospective parties to evaluate the proposals for purchasing the restaurant. As the result of several meetings, evaluations and negotiations with the restaurant operator, a proposed agreement with Hee King Bistro Inc. has emerged. The agreement is consistent with the existing terms and conditions of the lease. The Assignee will retain the existing staff and items on the menu that attract customers for the restaurant and will focus on introducing some new items on the menu. The restaurant appearance has been improved; the interior has received a fresh coat of paint, the old carpet has been removed and attractive dark wood product floors have been installed. In the meetings with City staff, the Assignee group has been informed that the primary purpose of the operation and maintenance of the restaurant has always been and must continue to serve the public and customers using the Municipal Golf Course. The delay of the golf course construction project has caused a significant decline in the number of golf rounds played on the golf course. In turn, this has resulted in a loss of revenues for the restaurant. The cancelation of the tournaments, plus the public perception of a closed golf course have contributed to the decline in the number of rounds played resulting in reduced revenues. The adverse impacts of these circumstances have and will continue to affect the restaurant’s food and beverage sales negatively. Prior to the expiration of the Lease in 2018, City will issue a Request for Proposal for the operation and management of the golf course and the restaurant. The current Bay Café team, including restaurant staff and Head Chef will remain, to provide continuity on site and allow for a seamless transition. Additionally, Tom Talai will remain on as a consultant for sixty (60) days to ensure a smooth and seamless transition. The new assignment of the lease will facilitate the infusion of new capital and energy into an existing restaurant operation on City property. The new owners are planning to take steps to improve the food, service, customer service and overall atmosphere of the restaurant. The assignment agreement will keep the R&T Restaurant, the original Tenant, responsible for his obligation under the original lease and the Tenant remains liable for the obligations of the lease in the event of a default by the Assignee. City of Palo Alto Page 4 RESOURCE IMPACT The rent payment to the City from the Assignee will follow the terms and conditions of the existing lease. R&T will pay the City a one-time fee of $526 for processing the Consent to Assignment of the Lease. POLICY IMPLICATIONS Assigning the Lease Agreement is consistent with policies and programs in the Comprehensive Plan promoting economic development and business development by cooperation and the effective provision of growth strategies. ENVIRONMENTAL REVIEW Assignment or re-negotiation of an existing lease and agreement does not constitute a project for purposes of the California Environmental Quality Act (CEQA). Attachments: Attachment A: Assignment and Assumption of the Lease December 2015 (DOCX) Attachment B: Lease R&T Restaurant (PDF) Attachment C: Bank Statement Hee King Bistro.pdf (DOCX) Attachment D- Articles of Incorporation (PDF) Attachment E: Lease Amendmnet No 2 October 2014 (PDF) Attachment F: Tom's letter to the City of PA (DOCX) ATTACHMENT A ASSIGNMENT AND ASSUMPTION OF THE LEASE AGREEMENT BETWEEN THE CITY OF PALO ALTO AND R&T RESTAURANT CORPORATION TO HEE KING BISTRO INC. This Assignment and Assumption of the Original Lease Agreement (“Assignment”) dated May 1, 1998 (“Lease”) by and between the of the CITY OF PALO ALTO, a California Municipal Corporation of the State of California (“City/Lessor”) and R&T RESTAURANT CORPORATION, a California Corporation (“Lessee/Assignor”), is entered into by Lessee/Assignor and HEE KING BISTRO INC., a California Corporation (“Assignee”), and approved by Lessor, and is effective as of January 1, 2016. RECITALS WHEREAS, on May 1, 1988, Assignor and the City entered into a lease for certain portions of the property known as the Palo Alto Golf Course located at 1875 Embarcadero Way, for specific uses and such lease is in full force and effect. WHEREAS, on October 10, 2014, the Assignor and the City amended the Lease to provide for a temporary rent reduction. (The lease and all amendments are referred to collectively as Lease.) WHEREAS, all parties to the Lease are currently in compliance with the terms and conditions of the Lease. WHEREAS, Lessee/Assignor has entered into an agreement to sell a restaurant named R&T Restaurant Corporation, located at Palo Alto Golf Course, to Assignee. WHEREAS, the Lease requires that any assignment of the original Lease to third parties receive prior approval from the City of Palo Alto. WHEREAS, Lessee/Assignor desires to assign, transfer and convey to Assignee the rights and responsibilities of the Lease. WHEREAS, Assignee/Lessee desires to accept the assignment and perform the obligations of Assignor in return for all rights and privileges provided in the Lease. WITNESSETH N0W, THEREFORE, in consideration of the foregoing, other good and valuable consideration and mutual covenants herein below, Assignor/Lessee and Assignee, agree as follows: 1. Lessee/Assignor hereby assigns and transfers to Assignee as of January 1, 2016 (“Effective Date”) all of its rights, privileges and obligations in and to the Lease which shall continue in full force and effect. The Lessee/Assignor has performed its obligations to date or ATTACHMENT A otherwise satisfied the conditions of the Lease and the Assignee shall assume all obligations of the Assignor/Lessee, whether due before or after the date of this Assignment. 2. Notwithstanding City’s consent, no subletting or assignment shall release Lessee/Assignor from its obligations or alter the primary liability to pay the rent and to perform all other obligations to be performed by Lessee/Assignor hereunder. The acceptance of rent by the City from any other person shall not be deemed to be a waiver by the City of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee or any successor of Lessee/Assignor, in the performance of any of the terms hereof, the City may proceed directly against the Lessee/Assignor without the necessity of exhausting remedies against said assignee. City may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Lessee/Assignor, without notifying Lessee/Assignor’s successor, and without obtaining its or their consent thereto and such action shall not relieve Lessee/Assignor of liability under this Lease. 3. This Assignment, its covenants and conditions, do not constitute a waiver of any provisions of the original Lease attached hereto and incorporated herein, and any waiver by Assignee of any provision of this Amendment must be in writing. Any such written waiver shall affect only the provisions specified and only for the time and in the manner stated in the writing. 4. Assignee hereby accepts the assignment and agrees to perform all the obligations and duties under the Lease and waives any of its defenses based upon acts of the Lessee/Assignor or any breaches, defenses, or claims against the City that the assignor may have had under the Lease. 5. In the case of inconsistency between the Lease and this Assignment, this Assignment shall control with regard to the assignment of the Lease. All other provisions of the Lease shall remain in full force and effect. 6. The City of Palo Alto hereby consents to the assignment and the assumption of the Lease. 7. All other terms and conditions of the original Lease not modified by this Assignment shall remain unchanged and in full force and effect, and are incorporated herein by reference. This Assignment modifies and supersedes the Lease to the extent stated herein only. In any case of inconsistency between the Lease and this Assignment with regard to such modification, this Assignment shall control. 8. This Assignment represents the entire agreement of the parties with regard to the new assignment and no party hereto has made or relied upon any representations, warranties, promises, covenants or undertakings other than those expressly set forth herein. 9. All notices or correspondence provided for herein shall be effective only if made in writing, personally delivered with an executed acknowledgment of receipt or deposited in the United States mail, certified, postage prepaid, and addressed as follows: ATTACHMENT A City of Palo Alto Copies to: C/o Real Estate Division City of Palo Alto, City Attorney’s Office 250 Hamilton Avenue 250 Hamilton Avenue, 8th Floor Palo Alto, California 94301 Palo Alto, California 94301 Attention: Manager of Real property Attention: City Attorney Lessee/Assignor: R&T Restaurant Corporation Assignee: Hee King Bistro Inc. PO Box 1209 231 Merritt Rd Pleasanton, CA 94566 Los Altos, CA 94610 Attention: Tom Talai Attention: His Mei Chu (Cecilia Chu) IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written. Lessee/Assignor: Lessee/Assignor: R&T Restaurant By:______________________ By:_________________________ Its:_______________________ Its:__________________________ Assignee: Hee King Bistro Inc. By: _________________________ Its: _________________________ APPROVAL OF ASSIGNMENT The City of Palo Alto, a California Municipal Corporation of the State of California By: _________________________ City Manager Approved as to form: ___________________________ Senior Assistant City Attorney ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B November 2, 2015 To whom it may concern, This is to certify the information below as of October 30, 2015: Customer Name: Hee King Bistro Inc. Address: 231 Merritt Rd Los Alton, CA 94022 Account Type: Business Checking Account Number: XX-XXX-XXXX Account Opening Date: 10/20/2015 Current Balance: $249.980.00 Please contact me at 408-610-6017, should you have any questions concerning this. Sincerely, Olivia Hue FVP & Manager of Cash Management ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT E ATTACHMENT F To: The City of Palo Alto From: Tom Talai To whom it may concern, On behalf of the R & T corporation and Bay Café Team, I would like to thank the City of Palo Alto and it’s dedicated group of professionals for the past 17 years of partnership and hard work. I am very proud of the accomplishments and success that we have shared, and I am grateful for all of the people I have had the privilege to work with. I would like to take this opportunity to formally introduce “buyers” and their management team, lead by Hee King Bistro Inc.I believe they bring a high energy outlook and a fresh perspective on how to integrate modern strategies and new age perspective to an already successful business plan. I am confident that upon a more formal review of their qualifications, which I am proposing to take over the duration of the remaining 3 years plus of the current lease held by R & T Corp, I feel you will be pleased to find that their financial standing and professional experience is more than sufficient to operate the Bay Café successfully for years to come. Being very familiar with the City of Palo Alto’s dedication and commitment to the surrounding community, and patrons of the Bay Café, I am very confident that we have found a good match to continue that same level of excellent service that has been provided for many years. This includes catering to the golf community that enjoys the Municipal Golf course, as well as the banquet and catering services currently provided to the community of Palo Alto. Rest assured, the current Bay Café team, including restaurant staff and Head Chef will remain, to provide continuity on site and allow for a seamless transition. Additionally, I will remain on as a consultant to ensure not only a flawless transition, but explore ways to integrate a fresh perspective to a proven formula of success. City of Palo Alto (ID # 6267) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: 2016 Sidewalk, Curb and Gutter Repairs Project Title: Approval of a Contract With Spencon Construction, Inc. in the Amount of $1,402,581 for the 2016 Sidewalk, Curb and Gutter Repairs Project From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract with Spencon Construction, Inc. (Attachment A) in the amount of $1,402,581.50 for the 2016 Sidewalk, Curb and Gutter Repairs Project, Capital Improvement Program projects PO-89003 and PO-12001; and 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Spencon Construction, Inc. , if needed, for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $140,300. Discussion Project Description Each year this project addresses one or two of the 23 Sidewalk Replacement Districts. The current cycle traversing the City (District by District) started in 1986. At the end of this proposed contract, all 23 Sidewalk Replacement Districts will be completed, a 30 year (1986 to 2016) program completion. Staff will issue a request for proposals (RFP) in early 2016 to evaluate the program and assess potential improvements to the model. City of Palo Alto Page 2 The work to be performed under this contract is for sidewalk, curb, gutter, ramps and asphalt pavement repairs; Portland cement concrete and asphalt recycling. The sidewalk, curb and gutter repairs locations are shown on the attached Location Maps and Location Lists (Attachment B). The ongoing sidewalk portion of this contract will address sidewalk deficiencies in Sidewalk Replacement Districts 25, 32, and 36, encompassing Sand Hill Road and Stanford Research Park neighborhoods. The sidewalk portion also includes sidewalk repairs in intensive-use areas of the University Avenue downtown area; both sides of California Avenue, from El Camino Real to Yale Avenue; and El Camino Real (south bound), from Page Mill Road to Hansen Way; and the construction of eighty-five curb ramps with detectable warning surfaces in compliance with the Americans with Disabilities Act. The ramps will include street names stamped on the curb ramp and a standardized detectable warning surface feature to warn visually impaired people of potential hazards in their path of travel. Detectable warning surfaces used in this project will consist of a surface of truncated domes aligned in a square grid pattern and are yellow in color at yellow crosswalks and dark grey in color at all other locations. The domes are in compliance with Federal Highway Administration requirements enforcing the use of truncated domes on federal, state and local level projects and also in accordance with the 2007 Public Works Standard Drawings and Specifications. The curb and gutter portion of the project includes repairs of more than sixteen curb and gutter locations throughout the City that have been lifted by tree roots and have ponding problems. These curb and gutter locations are selected from a list reported by the public and evaluated by Public Works staff. This project concentrates on curb and gutter repair requests not addressed by other projects such as the annual street maintenance overlay project. Work in downtown areas will be stopped during lunch hours to minimize the inconvenience to restaurants, merchants and the public. To notify the public staff will utilize sidewalk postings and fliers delivered to homes and businesses most directly impacted by the work and outreach methods such as Nextdoor and the City of Palo Alto website. In addition, staff will interface with the Palo Alto Downtown Business and Professional Association, neighborhood associations and other organizations and businesses as appropriate. City of Palo Alto Page 3 The contractor shall be prohibited from using potable water from City fire hydrants, residential, business and other jurisdictions for construction, using recycled water instead. The Palo Alto Regional water Quality Control Plant (RWQCP) will provide tertiary recycled water at no charge to the permitted contractor. The contractor will obtain a recycled water permit before obtaining water from RWQCP and shall be responsible for the permit fee. Bid Process On October 19, 2015, a notice inviting formal bids for the 2016 Sidewalk, Curb and Gutter Repairs Project was posted at City Hall, and sent to eight builder’s exchanges and eight contractors. The bidding period was 22 days. Bids were received from five qualified contractors on November 10, 2015, as listed on the Bid Summary (Attachment C). Summary of Bid Process Bid Name/Number 2016 Sidewalk, Curb & Gutter Repairs/IFB #161381 Proposed Length of Project 270 calendar days Number of Bids Mailed to Exchanges 8 Number of Bids Mailed to Builder’s Contractors 8 Total Days to Respond to Bid 22 Pre-Bid Meeting? No Number of Company Attendees at Pre-Bid Meeting NA Number of Bids Received: 5 Bid Price Range From a low of $1,402,581.50 to a high of $2,495,609.50 Bids ranged from a low bid of $1,402,581.50 to a high of $2,495,609.50. The low bid is 17% below the engineer’s estimate of $1,684,950, while the high bid is 48% above the engineer’s estimate. Staff has reviewed all bids and recommends that the bid of $1,402,581.50 submitted by Spencon Construction, Inc. be accepted and Spencon Construction, Inc. be declared the lowest responsible bidder. Funding is available to award both Add Alternates in the amount of $64,040. Add Alternates #1 & #2 provide additional locations for sidewalk repair. Therefore, City of Palo Alto Page 4 staff recommends including these in the contract for a total contract amount of $1,402,581.50. Per the instructions on the IFB, the Add Alternates were not considered in the basis for award. The contingency amount of $140,300, which equals 10 percent of the total contract, is requested for related, additional but unforeseen work which may develop during the project. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Staff also checked with the Contractor's State License Board and found that the contractor has an active license on file and has no outstanding complaints. Project Coordination The work included in this contract was coordinated with other capital projects at the monthly Utilities/Public Works department street work coordination meetings and by use of the GIS project coordination program. The purpose of the monthly street work coordination meeting is to coordinate the installation, replacement and repairs of the City’s subsurface infrastructure (utilities) and street and sidewalk improvements with the annual street maintenance plan. The 2016 Sidewalk, Curb and Gutter Repairs Project has no conflicts with other upcoming Public Works and Utility projects. Resource Impact Funds for this project are included in Capital Improvement Program (CIP) Projects PO-89003 Sidewalk Repairs and PO-12001 Curb & Gutter Repairs. Funding Source Contract Contingency Total Encumbrance 1 PO-89003 $1,328,781.50 $132,900 $1,461,681.50 2 PO-12001 $73,800 $7,400 $81,200.00 TOTALS $1,402,581.50 $140,300 $1,542,881.50 Environmental Review This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301c of the CEQA guidelines as repair, maintenance City of Palo Alto Page 5 and/or minor alteration of the existing facilities and no further environmental review is necessary. Attachments Attachment A: Contract Attachment B: Location Maps & Street Lists (5 pages) Attachment C: Bid Summary Attachments: Attachment A - Construction Contract (DOCX) Attachment B - Location MAP 1 (PDF) Attachment B - Location MAP 2 (PDF) Attachment B - Street Lists (PDF) Attachment C - Bid Summary (PDF) Invitation for Bid (IFB) Package 1 Rev. April 20, 2015 CONSTRUCTION CONTRACT ATTACHMENT A CONSTRUCTION CONTRACT Contract No. C16161381 City of Palo Alto 2016 SIDEWALK, CURB AND GUTTER REPAIRS Project Invitation for Bid (IFB) Package 2 Rev. April 20, 2015 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6 1.1 Recitals…………………………………………………………………………………………………………………….6 1.2 Definitions……………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………...6 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7 3.1 List of Documents…………………………………………………………………………………………….........7 3.2 Order of Precedence……………………………………………………………………………………………......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8 4.1 Contractor's Duties…………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8 5.1 Contractor's Co-operation………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8 6.1 Time Is of Essence…………………………………………………………………………………………………….8 6.2 Commencement of Work…………………………………………………………………………………………8 6.3 Contract Time…………………………………………………………………………………………………………..8 6.4 Liquidated Damages…………………………………………………………………………………………………8 6.4.1 Other Remedies……………………………………………………………………………………………………..9 6.5 Adjustments to Contract Time………………………………………………………………………………….9 SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9 7.1 Contract Sum……………………………………………………………………………………………………………9 7.2 Full Compensation……………………………………………………………………………………………………9 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9 8.1 Standard of Care…………………………………………………………………………………..…………………9 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10 9.1 Hold Harmless……………………………………………………………………………………………………….10 9.2 Survival…………………………………………………………………………………………………………………10 SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10 10.1 Municipal Code Requirement…………….………………………………..……………………………….10 SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………10 Invitation for Bid (IFB) Package 3 Rev. April 20, 2015 CONSTRUCTION CONTRACT 11.1 Evidence of Coverage…………………………………………………………………………………………..10 SECTION 12 PROHIBITION AGAINST TRANSFERS……………………………………………………………….…11 12.1 Assignment………………………………………………………………………………………………………….11 12.2 Assignment by Law.………………………………………………………………………………………………11 SECTION 13 NOTICES …………………………………………………………………………………………………………….11 13.1 Method of Notice …………………………………………………………………………………………………11 13.2 Notice Recipents ………………………………………………………………………………………………….11 13.3 Change of Address……………………………………………………………………………………………….12 SECTION 14 DEFAULT…………………………………………………………………………………………………………...12 14.1 Notice of Default………………………………………………………………………………………………….12 14.2 Opportunity to Cure Default…………………………………………………………………………………12 SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..13 15.1 Remedies Upon Default……………………………………………………………………………………….13 15.1.1 Delete Certain Services…………………………………………………………………………………….13 15.1.2 Perform and Withhold……………………………………………………………………………………..13 15.1.3 Suspend The Construction Contract…………………………………………………………………13 15.1.4 Terminate the Construction Contract for Default………………………………………………13 15.1.5 Invoke the Performance Bond………………………………………………………………………….13 15.1.6 Additional Provisions……………………………………………………………………………………….13 15.2 Delays by Sureties……………………………………………………………………………………………….13 15.3 Damages to City…………………………………………………………………………………………………..14 15.3.1 For Contractor's Default…………………………………………………………………………………..14 15.3.2 Compensation for Losses…………………………………………………………………………………14 15.4 Suspension by City……………………………………………………………………………………………….14 15.4.1 Suspension for Convenience……………………………………………………………………………..14 15.4.2 Suspension for Cause………………………………………………………………………………………..14 15.5 Termination Without Cause…………………………………………………………………………………14 15.5.1 Compensation………………………………………………………………………………………………….15 15.5.2 Subcontractors………………………………………………………………………………………………..15 15.6 Contractor’s Duties Upon Termination………………………………………………………………...15 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16 16.1 Contractor’s Remedies……………………………………..………………………………..………………….16 Invitation for Bid (IFB) Package 4 Rev. April 20, 2015 CONSTRUCTION CONTRACT 16.1.1 For Work Stoppage……………………………………………………………………………………………16 16.1.2 For City's Non-Payment…………………………………………………………………………………….16 16.2 Damages to Contractor………………………………………………………………………………………..16 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…16 17.1 Financial Management and City Access………………………………………………………………..16 17.2 Compliance with City Requests…………………………………………………………………………….17 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17 18.1 Status of Parties……………………………………………………………………………………………………17 SECTION 19 NUISANCE……………………………………………………………………………………………………….…17 19.1 Nuisance Prohibited……………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17 20.1 Payment of Fees…………………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………….17 21.1 Waiver………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18 22.1 Governing Law…………………………………………………………………………………………………….18 22.2 Compliance with Laws…………………………………………………………………………………………18 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18 23.1 Integration………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18 24.1 Survival of Provisions……………………………………………………………………………………………18 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19 26.1 Appropriation………………………………………………………………………………………………………19 SECTION 27 AUTHORITY……………………………………………………………………………………………………….19 27.1 Representation of Parties…………………………………………………………………………………….19 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19 28.1 Multiple Counterparts………………………………………………………………………………………….19 SECTION 29 SEVERABILITY……………………………………………………………………………………………………19 29.1 Severability………………………………………………………………………………………………………….19 SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19 30.1 Amendments of Laws…………………………………………………………………………………………..19 Invitation for Bid (IFB) Package 5 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19 31.1 Workers Compensation…………………………………………………………………………………….19 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20 32.1 General Notice to Contractor…………………………………………………………………………….20 32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20 32.3 DIR Registration Required…………………………………………………………………………………20 32.4 Posting of Job Site Notices…………………………………………………………………………………20 32.5 Payroll Records…………………………………………………………………………………………………20 Invitation for Bid (IFB) Package 6 Rev. April 20, 2015 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on December 14, 2015 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and SPENCON CONSTRUCTION, INC. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a California Corporation duly organized and in good standing in the State of California, Contractor’s License Number 820205 and DIR registration Number 1000009740. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On October 19, 2015, City issued an Invitation for Bids (IFB161381) to contractors for the 2016 Sidewalk, Curb And Gutter Repairs (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the 2016 SIDEWALK, CURB AND GUTTER REPAIRS Project, located at VARIOUS STREETS WITHIN THE CITY, Palo Alto, CA. ("Project"). Invitation for Bid (IFB) Package 7 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Affidavit 12) Reports listed in the Contract Documents 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. Invitation for Bid (IFB) Package 8 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 4 CONTRACTOR’S DUTY. 4.1 Contractor’s Duties Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. 5.1 Contractor’s Co-operation. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed not later than . within Two Hundred Seventy calendar days (270) after the commencement date specified in City’s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of Five Hundred dollars ($500) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, Invitation for Bid (IFB) Package 9 Rev. April 20, 2015 CONSTRUCTION CONTRACT including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of One Million Four Hundred Two Thousand Five Hundred Eighty One Dollars and Fifty Cents ($1,402,581.50). [This amount includes the Base Bid and Additive Alternates 1 and 2 that added $64,040 to the Base Bid.] 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. 8.1 Standard of Care. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. Invitation for Bid (IFB) Package 10 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NON-DISCRIMINATION. 10.1 Municipal Code Requirement. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. 11.1 Evidence of coverage. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Invitation for Bid (IFB) Package 11 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. 12.1 Assignment. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. 12.2 Assignment by Law. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice to Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Holly Boyd AND [Include Construction Manager, If Applicable.] Invitation for Bid (IFB) Package 12 Rev. April 20, 2015 CONSTRUCTION CONTRACT City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Contractor shall be addressed to: Spencon Construction, Inc. P.O. Box 1220 Danville, Ca 94526 Attn: Steve Stahl 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. Invitation for Bid (IFB) Package 13 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally Invitation for Bid (IFB) Package 14 Rev. April 20, 2015 CONSTRUCTION CONTRACT liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. Invitation for Bid (IFB) Package 15 Rev. April 20, 2015 CONSTRUCTION CONTRACT 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, Invitation for Bid (IFB) Package 16 Rev. April 20, 2015 CONSTRUCTION CONTRACT submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. Invitation for Bid (IFB) Package 17 Rev. April 20, 2015 CONSTRUCTION CONTRACT 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. 18.1 Status of parties. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. 19.1 Nuisance Prohibited. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. 20.1 Payment of Fees. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. 21.1 Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Invitation for Bid (IFB) Package 18 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS. 22.1 Governing Law. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. 22.2 Compliance with Laws. Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract. SECTION 23 COMPLETE AGREEMENT. 23.1 Integration. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. 24.1 Survival of Provisions. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work. Or Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. Invitation for Bid (IFB) Package 19 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 26 NON-APPROPRIATION. 26.1 Appropriations. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract 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 27 AUTHORITY. 27.1 Representation of Parties. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS 28.1 Multiple Counterparts. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. 29.1 Severability. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. 30.1 Amendments to Laws. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. 31.1 Workers Compensation. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” Invitation for Bid (IFB) Package 20 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS. 32.1 General Notice to Contractor. City requires Contractor and its listed subcontractors to comply with the requirements of SB 854. 32.2 Labor Code section 1771.1(a) City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices. City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and enforcement by DIR. 32.5 Payroll Records. City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project. (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively. (iii) At the request of City, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of City’s request. City requests Contractor and its listed subcontractors to submit the certified payroll records at the end of each week during the Project. Invitation for Bid (IFB) Package 21 Rev. April 20, 2015 CONSTRUCTION CONTRACT (iv) If the certified payroll records are not produced to the project manager within the 10-day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof. (v) Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ Purchasing Manager City Manager APPROVED AS TO FORM: ____________________________ Senior Asst. City Attorney APPROVED: ____________________________ Public Works Director CONTRACTOR By:___________________________ Name:________________________ Title:__________________________ Date: _________________________ ATTACHMENT B ,1- III o ~ ~D mi=-l ~s=\~ Ir-=i~ ~,.,)~w DD 1Ib='.'F-'r-'ii ~ ~'!==\?~~( :-=l.r. =-\10=-=:1 DRA'WN BY, DATE, CHEC'D BY, DATE: HF~~!~~ 23['" 11~F1~f;~~~ • 2016 SIDEW'ALK, CURB &. GUTTER REPAIRS LOCA TION MAP SCALE, NONE Ci ty of P ala Al to KEYM ... P APPROVED BY, PE ND, ____ _ DATE: DRA'WING NO, 1 ATTACHMENT B FY 2016 Sidewalk, Curb, & Gutter Repairs Project STREET LISTS (Sidewalk, Curb, Gutter and Ramp Repair Locations) 1 SIDEWALK LOCATIONS: Street From To SELECTED LOCATIONS: Embarcadero Road #1880 (new sidewalk) - Embarcadero Road #1900 - Garland Drive (14 corner curb ramps) Middlefield Road Louis Road Monroe Drive (2 ramps) Miller Ave. - Sandhill Road (west) Arboretum Rd. El Camino Real DOWNTOWN LOCATIONS: Alma Street (east) University Ave. Lytton Ave. Alma Street (east) Lytton Ave. Everett Ave. Alma Street (east) Everett Ave. Hawthorne Ave. Alma Street (east) Hawthorne Ave. Palo Alto Ave. Alma Street (train track side) Everett Ave. Hamilton Ave. Alma Street (train track side) parking lot driveway Homer tunnel Alma Street (train track side) Everett Ave. Hamilton Ave. Bryant Street #177 & #179 - Cowper Street (both sides) Lytton Ave. Everett Ave. Everett Avenue #614 to #618 - Forest Avenue #160 - Fulton Street #242; #344: #352 - Hamilton Avenue (north) Cowper St. Webster St. Hamilton Avenue #482 - Hamilton Avenue #550 Hamilton/Webster Hawthorne Avenue #115 - Homer Avenue (both sides) Middlefield Rd Webster St. Lytton Avenue #151 (along High) Ramona Street (both sides) University Ave. Lytton Ave. Webster Street (both sides) Lytton Ave. Everett Ave. Webster Street University Ave. Hamilton Ave. Webster Street #835 - LOCATION 1: Birch Street (east) College Ave. Oxford Ave. California Avenue (both sides) Hanover Street Amherst St. California Avenue (both sides) El Camino Real Yale Ave. Hanover Street (both sides) California Ave. Page Mill Rd. Hanover Street (east side) Page Mill Rd. Bike Path Hanover Street (east side) across #201 - Hansen Way (both sides) Page Mill Rd. El Camino Real Hillview Avenue (both sides) Arastradero Rd. Coyote Hill Rd. El Camino Real (east) Charleston Rd. El Camino Wy El Camino Real (west) California Ave. Page Mill Rd. El Camino Real (west) Page Mill Rd. Hansen Way ATTACHMENT B FY 2016 Sidewalk, Curb, & Gutter Repairs Project STREET LISTS (Sidewalk, Curb, Gutter and Ramp Repair Locations) 2 CURB RAMP LOCATIONS: Street Corner Corner Side Palo Alto Avenue/Bryant Street southwest Palo Alto Avenue/Poe Street southeast Palo Alto Avenue/Poe Street northwest Palo Alto Avenue/Poe Street southwest Palo Alto Avenue/Tasso Street southeast Palo Alto Avenue/Byron Street southeast Ruthven Avenue/Tasso Street 4 corners Everett Avenue/Webster Street northeast Everett Avenue/Webster Street southwest University Avenue/Alma Street northeast Addison Avenue/Alma Street southeast Kingsley Avenue/Embarcadero Rd. northwest Melville Avenue/Emerson Street northeast Melville Avenue/Emerson Street northwest Melville Avenue/Emerson Street southwest Byron Street/Embarcadero Road northwest Coleridge Avenue/Emerson Street northeast Coleridge Avenue/Emerson Street southeast Coleridge Avenue/Emerson Street southwest Tennyson Avenue/Emerson Street 4 corners Tennyson Avenue/Emerson Street northeast Tennyson Avenue/Emerson Street northwest Tennyson Avenue/Emerson Street southwest Tennyson Avenue/Cowper Street southeast Tennyson Avenue/Cowper Street southwest Washington Avenue/High Street northwest Washington Avenue/Emerson Street 4 corners Washington Avenue/Waverley Street northeast Washington Avenue/Waverley Street southeast N. California Avenue/Cowper Street southeast N. California Avenue/Cowper Street southwest N. California Avenue/Tasso Street southeast N. California Avenue/Tasso Street southwest Oregon Avenue/Middlefield Road dead end (Other locations to be determined by the Engineer) ATTACHMENT B FY 2016 Sidewalk, Curb, & Gutter Repairs Project STREET LISTS (Sidewalk, Curb, Gutter and Ramp Repair Locations) 3 CURB & GUTTER REPAIR LOCATIONS: Street Limit of Work C&G Type Birch Street (west) Oxford Ave. to College Ave. A Cowper Street #231; #239 A Gilman Street parking lot A Guinda Street #1033 A Hamilton Avenue #512 A Louis Road #2361; #2385 B Middlefield Road #2321 A Middlefield Road #2342 to Oregon Expressway A Oxford Avenue Birch St. to #323 A Waverley Street #1530; #1545; #1920 A Webster Street #320 A NOTE: The City may delete repair locations and curb ramp installations listed on the Repair Location Lists; and add repair locations & ramp installations at different locations. 2016 SIDEWALK, CURB and GUTTER REPAIRS PROJECT IFB NO. 161381 BID SUMMARY ATTACHMENT C Engineer's SPENCON JJR SPOSETO GOLDEN BAY FBD VANGUARD Base Bid: Estimate CONSTRUCTION CONSTRUCTION ENGINEERING CONSTRUCTION CONSTRUCTION BID DESCRIPTION BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID ITEM QTY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Sidewalk, 4" thick 54,750 SF $10 $547,500.00 $8.80 $481,800.00 $9.70 $531,075.00 $11.60 $635,100.00 $13.00 $711,750.00 $13.00 $711,750.00 2 Driveway, 6" thick 11,720 SF $12 $140,640.00 $9.10 $106,652.00 $14.75 $172,870.00 $13.40 $157,048.00 $15.50 $181,660.00 $14.05 $164,666.00 3 Curb ramp 90 EA $2,500 $225,000.00 $1,825.00 $164,250.00 $2,835.00 $255,150.00 $2,490.00 $224,100.00 $3,447.00 $310,230.00 $5,000.00 $450,000.00 4 Detectable warning surface only 65 EA $400 $26,000.00 $285.00 $18,525.00 $325.00 $21,125.00 $470.00 $30,550.00 $411.00 $26,715.00 $360.00 $23,400.00 5 Curb 5,830 LF $28 $163,240.00 $22.25 $129,717.50 $19.75 $115,142.50 $30.00 $174,900.00 $38.00 $221,540.00 $50.00 $291,500.00 6 Gutter pan 14,650 SF $12 $175,800.00 $9.00 $131,850.00 $14.75 $216,087.50 $15.00 $219,750.00 $13.00 $190,450.00 $13.00 $190,450.00 7 Asphalt pavement 15,140 SF $8 $121,120.00 $7.75 $117,335.00 $9.75 $147,615.00 $13.00 $196,820.00 $14.00 $211,960.00 $11.90 $180,166.00 8 Sidewalk (8 sacks conc. mix)11,500 SF $12 $138,000.00 $11.00 $126,500.00 $9.70 $111,550.00 $14.00 $161,000.00 $14.50 $166,750.00 $19.70 $226,550.00 9 Curb (8 sacks conc. mix)770 LF $32 $24,640.00 $28.00 $21,560.00 $19.75 $15,207.50 $36.00 $27,720.00 $53.00 $40,810.00 $55.00 $42,350.00 10 Gutter pan (8 sacks conc. mix)1,780 SF $14 $24,920.00 $11.00 $19,580.00 $14.75 $26,255.00 $16.00 $28,480.00 $16.00 $28,480.00 $18.00 $32,040.00 11 Special sawcutting 450 LF $3 $1,350.00 $0.50 $225.00 $7.50 $3,375.00 $7.00 $3,150.00 $3.50 $1,575.00 $10.15 $4,567.50 12 Recycle concrete & asphalt 4,700 Ton $2 $9,400.00 $0.01 $47.00 $0.01 $47.00 $1.00 $4,700.00 $0.01 $47.00 $1.00 $4,700.00 13 Traffic control 1 LS $15,000 $15,000.00 $500.00 $500.00 $35,000.00 $35,000.00 $212,000.00 $212,000.00 $70,973 $70,973.00 $66,200 $66,200.00 14 Misc. Transportation Improvements LS $20,000 $20,000.00 $20,000 $20,000 $20,000.00 $20,000.00 $20,000.00 Base Bid Total (Basis of Award):$1,632,610.00 $1,338,541.50 $1,670,499.50 $2,095,318.00 $2,182,940.00 $2,408,339.50 Add Alternate 1: 15 Sidewalk, 4" thick 3,000 SF $10.00 $30,000.00 $12.00 $36,000.00 $9.70 $29,100.00 $11.60 $34,800.00 $13.00 $39,000.00 $15.50 $46,500.00 16 Recycle Concrete & Asphalt 100 TON $2.00 $200.00 $12.00 $1,200.00 $1.00 $1.00 $1.00 $100.00 $0.01 $1.00 $1.00 $100.00 17 Traffic Control 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $1,794.00 $1,794.00 $2,400.00 $2,400.00 Add Alternate 1 Bid Total:$31,200.00 $38,200.00 $30,101.00 $39,900.00 $40,795.00 $49,000.00 Add Alternate 2: 18 Sidewalk, 4" thick 2,000 SF $10.00 $20,000.00 $12.00 $24,000.00 $9.70 $19,400.00 $11.60 $23,200.00 $13.00 $26,000.00 $18.35 $36,700.00 19 Recycle Concrete & Asphalt 70 TON $2.00 $140.00 $12.00 $840.00 $0.01 $0.70 $1.00 $70.00 $0.01 $0.70 $1.00 $70.00 20 Traffic Control 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $1,196.00 $1,196.00 $1,500.00 $1,500.00 Add Alternate 2 Bid Total:$21,140.00 $25,840.00 $20,400.70 $28,270.00 $27,196.70 $38,270.00 CONTRACT TOTAL AMOUNT:$1,684,950.00 $1,402,581.50 $1,721,001.20 $2,163,488.00 $2,250,931.70 $2,495,609.50 City of Palo Alto (ID # 6285) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Clean Harbors Contract Amendment for Transport and Disposal of Ash Title: Approval of Amendment Number 1 to Contract Number C13149733 with Clean Harbors Environmental Services, Inc. in the Amount of $103,135.64 for a Total Compensation not to Exceed $679,692.58 for the Transport and Disposal of Ash and Sludge for the Regional Water Quality Control Plant From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute Amendment No. 1 (Attachment A) to add $103,135.64 to Contract C13149733 with Clean Harbors Environmental Services, Inc. for a total contract amount not to exceed $679,692.58 for the transport and disposal of ash and sludge for the Regional Water Quality Control Plant. Background The City’s Regional Water Quality Control Plant’s (RWQCP) sewage sludge incinerators produce approximately two tons of ash per day. Ash is collected weekly and averages 10 to 13 tons per pickup. The incinerators are scheduled to be retired in 2019, when the incinerators will have been in service for 47 years. Engineering design of the Sludge Dewatering and Loadout Facility (Staff Report ID #5295) is underway. The ash has been managed as a state hazardous waste and placed in a hazardous waste designated landfill since 2007. Clean Harbors Environmental Services is currently transporting the ash from RWQCP to their hazardous waste landfill in Buttonwillow, California. In addition to providing satisfactory service in prior City of Palo Alto Page 2 contracts hauling and disposing of ash and sludge, Clean Harbors has provided the City with household hazardous waste collection, transportation and disposal/recycling services since 1993. Discussion Due to the dust being released during the solidification and stabilization process, Clean Harbors is no longer able to dispose of the ash at their Buttonwillow, CA facility and must haul the ash to Beatty, Nevada. Solidification and stabilization are not required when disposing of the ash in Beatty. The contract amendment is needed to accommodate increased hauling costs. Even with the additional expense of hauling to Beatty, Nevada, it is not financially advantageous for the City to re-bid this contract in advance of the next solicitation for services in mid-2016, as Clean Harbors’ cost is still below the second lowest bid received when the contract was awarded (Staff Report ID #3846) in 2013 (Attachment B). Resource Impact Funds for this contract amendment are available in the 2016 Wastewater Treatment Fund operating budget. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (b), which exempts negligible expansion of an existing use including operation of publicly owned wastewater treatment plants. Attachments: Attachment A: Clean Harbors Three Year Ash Amendment One (PDF) Attachment B: Three Year Ash Hauling Contract Cost Comparison (PDF) Revision April 28, 2014 AMENDMENT NO. ONE TO CONTRACT NO. C13149733 BETWEEN THE CITY OF PALO ALTO AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. This Amendment No. ONE to Contract No. C13149733 (“Contract”) is entered into November 13, 2015, by and between the CITY OF PALO ALTO, a California chartered municipal corporation(“CITY”), and CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., a Massachusetts corporation, located at 1010 Commercial Street, San Jose, CA, 95112 (“CONTRACTOR”). R E C I T A L S A. The Contract was entered into between the parties for the provision of hauling and disposal of ash and sludge for the Regional Water Quality Control Plant. B. The parties wish to amend the Contract by increasing the compensation from Five hundred seventy six thousand five hundred fifty six dollars and ninety four cents ($576,556.94) to a not to exceed total amount of Six hundred seventy nine thousand six hundred ninety two dollars and fifty eight cents ($679,692.58) for continuation of services as specified in Exhibit “A” of the original contract. The increase in compensation is due to the location change of disposal from Buttonwillow, CA facility to Beatty, NV. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 5 “COMPENSATION FOR ORIGINAL TERM” is hereby amended to read as follows: “CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of six hundred seventy nine thousand six hundred ninety two dollars and fifty eight cents ($679,692.58). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. DocuSign Envelope ID: 89879EE7-63E5-48E0-9497-9AC654A676F1 Revision April 28, 2014 SECTION 2. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit “C” entitled “SCHEDULE OF FEES”. SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: _____________________________ Deputy City Attorney CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT "C": SCHEDULE OF FEES DocuSign Envelope ID: 89879EE7-63E5-48E0-9497-9AC654A676F1 Regional Vice President of Sales Mark Mooney Bid Item Approx. Quantity Unit Description Year 1 Unit Price Subtotal Year 2 Unit Price Subtotal Year 3 Unit Price Subtotal A‐1 259 Ton Disposal cost of ash 103.00$ 26,696.43$ A‐2 19 Load Transportation cost of ash 1,261.75$ 23,973.25$ A‐3 19 Load Liner installation fee for ash per load 56.65$ 1,076.35$ A‐4 136 Days Bin rental for ash 10.30$ 1,400.80$ A‐5 136 Ton CA non‐RCRA taxes 21.11$ 2,870.96$ A‐6 259 Ton Local taxes for ash, as necessary, per ton 10.30$ 2,669.65$ A‐7 1 LS Surcharges/fees for ash, lump sum ‐$ ‐$ A‐1 (amended) 464 Ton Disposal cost of ash ‐ *20 ton minimum*66.00$ 44,880.00$ A‐2 (amended) 34 Load Transportation cost of ash 2,600.00$ 88,400.00$ A‐3 (amended) 34 Load Liner installation fee for ash per load 55.00$ 1,870.00$ A‐4 (amended) 229 Days Bin rental for ash 10.00$ 2,290.00$ A‐5 (amended) 229 Ton CA non‐RCRA taxes 21.11$ 4,834.19$ A‐6 (amended) 464 Ton Local taxes for ash, as necessary, per ton 10.30$ 4,779.20$ A‐7 (amended) 1 LS Surcharges/fees for ash, lump sum ‐$ ‐$ A‐1 723 Ton Disposal cost of ash ‐ *20 ton minimum*100.00$ 72,300.00$ 67.98$ 72,058.80$ A‐2 53 Load Transportation cost of ash 1,225.00$ 64,925.00$ 2,678.00$ 141,934.00$ A‐3 53 Load Liner installation fee for ash per load 55.00$ 2,915.00$ 56.65$ 3,002.45$ A‐4 365 Days Bin rental for ash 10.00$ 3,650.00$ 10.30$ 3,759.50$ A‐5 723 Ton CA non‐RCRA taxes 21.11$ 15,262.53$ 21.11$ 15,262.53$ A‐6 723 Ton Local taxes for ash, as necessary, per ton 10.00$ 7,230.00$ 10.61$ 7,670.31$ A‐7 1 LS Surcharges/fees for ash, lump sum ‐$ ‐$ ‐$ ‐$ B‐1 150 Ton Disposal cost of sludge 24.00$ 3,600.00$ 24.72$ 3,708.00$ 25.46$ 3,819.24$ B‐2 12 Load Transportation cost for sludge 670.00$ 8,040.00$ 690.10$ 8,281.20$ 710.80$ 8,529.64$ B‐3 12 Load Liner installation fee for sludge ‐ per load 30.00$ 360.00$ 30.90$ 370.80$ 31.83$ 381.92$ B‐4 12 Days Bin rental for sludge 10.00$ 120.00$ 10.30$ 123.60$ 10.61$ 127.31$ B‐5 150 Ton Local taxes for sludge as necessary, per ton ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ B‐6 1 LS Surcharges/fees for sludge, lump sum ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ B‐7 6 Each Roll‐off bin mobilization during backup sludge hauling service 670.00$ 4,020.00$ 690.10$ 4,140.60$ 710.80$ 4,264.82$ B‐8 48 HR Onsite truck and truck driver to move sludge bins 95.00$ 4,560.00$ 97.85$ 4,696.80$ 100.79$ 4,837.70$ 186,982.53$ 227,061.83$ 265,648.22$ total 679,692.58$ Clean Harbors ‐ Amended EXHIBIT C- AMENDMENT NO.1 SCHEDULE OF FEES BID ITEM A – ASH HAULING AND DISPOSALBID ITEM B – SLUDGE HAULING AND DISPOSAL DocuSign Envelope ID: 89879EE7-63E5-48E0-9497-9AC654A676F1 Bid Item Approx. Quantity Unit Description Year 1 Unit Price Subtotal Year 2 Unit Price Subtotal Year 3 Unit Price Subtotal A‐1 723 Ton Disposal cost of ash 100.00$ 72,300.00$ 103.00$ 74,469.00$ 106.09$ 76,703.07$ A‐2 53 Load Transportation cost of ash 1,225.00$ 64,925.00$ 1,261.75$ 66,872.75$ 1,299.60$ 68,878.93$ A‐3 53 Load Liner installation fee for ash per load 55.00$ 2,915.00$ 56.65$ 3,002.45$ 58.35$ 3,092.52$ A‐4 365 Days Bin rental for ash 10.00$ 3,650.00$ 10.30$ 3,759.50$ 10.61$ 3,872.29$ A‐5 723 Ton CA non‐RCRA taxes 21.11$ 15,262.53$ 21.11$ 15,262.53$ 21.11$ 15,262.53$ A‐6 723 Ton Local taxes for ash, as necessary, per ton 10.00$ 7,230.00$ 10.30$ 7,446.90$ 10.61$ 7,670.31$ A‐7 1 LS Surcharges/fees for ash, lump sum ‐$ ‐$ ‐$ ‐$‐$ ‐$ B‐1 150 Ton Disposal cost of sludge 24.00$ 3,600.00$ 24.72$ 3,708.00$ 25.46$ 3,819.24$ B‐2 12 Load Transportation cost for sludge 670.00$ 8,040.00$ 690.10$ 8,281.20$ 710.80$ 8,529.64$ B‐3 12 Load Liner installation fee for sludge ‐ per load 30.00$ 360.00$ 30.90$ 370.80$ 31.83$ 381.92$ B‐4 12 Days Bin rental for sludge 10.00$ 120.00$ 10.30$ 123.60$ 10.61$ 127.31$ B‐5 150 Ton Local taxes for sludge as necessary, per ton ‐$ ‐$ ‐$ ‐$‐$ ‐$ B‐6 1 LS Surcharges/fees for sludge, lump sum ‐$ ‐$ ‐$ ‐$‐$ ‐$ B‐7 6 Each Roll‐off bin mobilization during backup sludge hauling service 670.00$ 4,020.00$ 690.10$ 4,140.60$ 710.80$ 4,264.82$ B‐8 48 HR Onsite truck and truck driver to move sludge bins 95.00$ 4,560.00$ 97.85$ 4,696.80$ 100.79$ 4,837.70$ 186,982.53$ 192,134.13$ 197,440.28$ total 576,556.94$ Clean Harbors ‐ Original EXHIBIT C- AMENDMENT NO.1 SCHEDULE OF FEES BID ITEM A – ASH HAULING AND DISPOSAL BID ITEM B – SLUDGE HAULING AND 1.11 PRICES AND ANNUAL INCREASES A. Standard bid of ash shall include all fees, taxes, and surcharges:1. Bin rental: no overlapping charge shall be applied on the day of bin exchange. B. ADDITIONAL PRICING CONDITIONS1. Demurrage will not be charged for pickup of waste up to and including 90 minutes of loading and unloading time. After 90 minutes, the demurrage charge of $95/hour applies will apply if the city causes the delay.2. Demurrage will not be charged for delays caused by the hauler not having proper paperwork at the time of arrival at the plant site.3. Unloading demurrage will not be charged for wastes being delivered unless the City of Palo Alto creates a condition such as an improperly identified waste or nonconforming waste.4. A minimum volume of 10 tons (or yards, whichever is greater) will be billed for all waste received in a rolloff container, intermodal, or dump trailer delivered to hauler’s wastedisposal facility. 5. Haulers’ owned or leased roll-off containers or other equipment that are damaged by City of Palo Alto may be repaired by contractor and invoice City at a quoted hourly rate forlabor and parts invoiced at no more than cost plus 30%. 6. Roll-off washout charges are to be included in the pricing.7. In the event sludge can be hauled to East Bay Municipal Utilities District, the pricing for emergency sludge disposal shall be cost plus 10%. For the base contract, the prices in Section B above shall apply.8. In case of price increase due to new regulatory fees, waste hauler must notify the City of Palo Alto in writing before any additional fees will be allowed.9. Quoted disposal rate for sludge, item B-1, includes up to 3% total solids. Should the total solids be above 3%, then an additional $0.02 / gallon for each full or partial percentage above 3% will be applied to the invoice.10. Regarding Item A-5, BOE fees will be billed according to BOE schedule of Fees at time of disposal.11. Cancellation of a pickup with less than 24 hours notice will incur a $287 cancellation fee. 12. Solidification of free liquids in a bulk solid container will be subject to a Bin Top Stabilization Fee of $261 per container.13. Pricing for Bid Item B-7 and B-8 may take place on Contractor’s company holidays. In such cases additional charges will be negotiated between Clean Harbors and the projectmanager. C. ANNUAL INCREASES 1. The price increase for the second and third 12-month periods of this contract is to be determined in the Base Bid Schedules. 2. The price increase for the first optional 12 month extension of this contract is 3%, which shall apply to scope items 1.12.A.1, 2, 3, 4, and 6 and 1.12.B.1, 2, 3, 4, 6, 7, and 8 only. 3. The price increase for the second optional 12 month extension of this contract is 3%, which shall apply to scope items 1.12.A.1, 2, 3, 4, and 6 and 1.12.B.1, 2, 3, 4, 6, 7, and 8 only. DocuSign Envelope ID: 89879EE7-63E5-48E0-9497-9AC654A676F1 Original Clean Harbors Contract Amended Clean Harbors Contract Synagro ‐ 2nd Lowest Bidder Year 1 186,982.53$ 186,982.53$ 228,821.55$ Year 2 192,134.13$ 227,061.83$ 240,200.13$ Year 3 197,440.28$ 265,648.22$ 252,147.63$ Total 576,556.94$ 679,692.58$ 721,169.31$ Original Clean Harbors Contract Amended Clean Harbors Contract Cost Increase Year 1 186,982.53$ 186,982.53$ ‐$ Year 2 192,134.13$ 227,061.83$ 34,927.70$ Year 3 197,440.28$ 265,648.22$ 68,207.94$ Total Cost Increase 103,135.64$ Three Year Ash Hauling Contract Cost Comparison Additional Cost Breakdown Attachment: B City of Palo Alto (ID # 6299) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Fire Station 3 Design Title: Approval of Contract Number C16161210 with Shah Kawasaki Architects in the Total Amount not to Exceed $599,052 to Provide Architectural Design Services for Fire Station 3 Replacement - Capital Improvement Program Project PE- 15003 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or designee to execute Contract No. C16161210 (Attachment A) with Shah Kawasaki Architects (SKA) in a not-to-exceed amount of $599,052.00 for design services, including $544,593.00 for basic services and $54,459.00 for additional services for the Fire Station 3 Replacement Capital Improvement Program project (PE-15003). Background Fire Station No. 3, located at 799 Embarcadero Road, is an approximately 4,300 square foot (sf), wood framed structure built in 1948. In 2002, the City contracted with Biggs Cardosa Associates, Inc. to perform a seismic evaluation for six fire stations (Stations 1, 2, 3, 4, 5 and 8). In the case of Fire Stations 3 and 4, Biggs Cardosa reported significant seismic deficiencies and potential for instability of soils due to liquefaction and concluded that replacement of these two stations may be necessary to meet essential service standards for fire station buildings. In 2005, the City contracted with RRM Design Group (RRM) to perform a Replacement Needs Assessment Study for Fire Stations No. 3 and 4, including: • Existing and future operational needs of the Fire Department • Geotechnical investigation and geohazards evaluation • Hazardous materials testing City of Palo Alto Page 2 • Site analysis and massing studies • Environmental assessment • Building system description • Cost estimate • Project schedule The RRM Study provides program and other feasibility level information that will be used as the basis to begin design of the new Fire Station No. 3 following confirmation with the Fire Department. The Fire Station No. 3 Replacement project is a Council Infrastructure Plan project. Discussion The contract with SKA includes preparation of schematic designs, design development packages, and construction documents for a new Fire Station 3 and a temporary fire station. SKA will present the designs for the new and temporary fire stations to the Architectural Review Board (ARB), Historic Resources Board (HRB), Planning and Transportation Commission (PTC) and/or the Parks and Recreation Commission (PRC), as appropriate at schematic design and design development levels. SKA will also provide construction cost estimates upon completion of the schematic design, design development and construction document phases of the project. This contract is configured into two phases. Phase 1 includes all services through bidding. Phase 2 includes construction administration services and project closeout documentation. Phase 2 will not be initiated until the project reaches the construction phase. Construction services include items such as responding to contractor’s requests for information (RFI) and participating in project management meetings with City staff and contractor representatives. Summary of Solicitation Process Proposed Length of Project 16 months Number of Consultants Contacted 16 Number of Builder Exchanges 7 Number of websites 1 (PlanetBids) City of Palo Alto Page 3 Number of days to response 25 days Number of Proposals received 8 Company Name Address CJW Architecture Portola Valley, CA Glass Architects Nevada City, CA The KPA Group Oakland, CA Mary McGrath Architects (MMA) Oakland, CA Shah Kawasaki Architects (SKA) Oakland, CA RossDrulisCusenbery Architecture Sonoma, CA Brown Reynolds Watford Architects, Inc. (BRW) San Francisco, CA Ten Over Studio, Inc. San Luis Obisbo, CA Proposed Fee Range (Phases 1 & 2): Fee Range for Phase 1 only: $499,593 to $796,099 $403,594 to $640,362 On September 25, 2015, the City released a Request for Proposal (RFP No. 161210) for Professional Services. Eight proposals were submitted. Public Works Engineering Services and Fire Department staff reviewed each firm’s submittal in response to the criteria identified in the RFP. On November 17, 2015 the three top-scoring firms made presentations to the evaluation committee. SKA was unanimously selected as the top candidate. Staff recommends awarding the contract to SKA based on their experience designing fire stations for other agencies, understanding of the project scope and construction administration experience. Timeline Staff anticipates applying for construction permits in Fall 2016 and starting construction in early 2017. Construction completion is anticipated in Fall 2018. Resource Impact As approved in the Fiscal Year 2016 Adopted Capital Budget, funding for Phase 1 (design services through bidding) is available in Capital Improvement Program project PE-15003 (Attachment B) in the amount of $843,580. Funding for the entire project was approved at approximately, $7.2 million, which includes staff time to support the project. City of Palo Alto Page 4 Policy Implications Approval of the contract is consistent with City policies. Environmental Review The previously mentioned Replacement Needs Assessment Study by RRM found the proposed project, with mitigation measures, will not have significant environmental effects. The consultant will prepare an initial study for the final design. It is anticipated that the consultant will incorporate the mitigation measures that were proposed in the Replacement Needs Assessment Study and prepare a Negative Declaration for the project. Attachments: Attachment A - Contract (PDF) Attachment B - Fiscal Year 2016 Capital Budget Pages for CIP PE-15003 (PDF) Professional Services Rev. March 31, 2015 CITY OF PALO ALTO CONTRACT NO. C16161210 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SHAH KAWASAKI ARCHITECTS, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 14th day of December, 2015, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Shah Kawasaki Architects Inc., a California Corporation, located at 570 10th Street, Suite 201; Oakland, Ca 94607 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to re-construct Fire Station No. 3 located at Embarcadero and Newell with a new, approximately 5,800 square foot station and provide a temporary fire station during construction of the new station. (“Project”) and desires to engage a consultant to provide design services in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A- 1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit “B” unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed five hundred forty four thousand five hundred ninety three Dollars ($544,593). In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Five hundred ninety nine thousand fifty two Dollars ($599,052.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 required to perform the Services. All of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 perform work on this Project are: ZFA Structural Engineers, Lefler Engineering Inc, Thoma Engineering, Siegfried Engineering, Cumming, John Raeber A. Raeber (Specifications). CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Alan Kawasaki as the Principal to have supervisory responsibility for the performance, progress, and execution of the Services and Fred Metzger as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Matt Raschke, Public Work Department, Engineering Division, 250 Hamilton Ave, Palo Alto, CA 94301, email: matt.raschke@cityofpaloalto.org. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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 DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 CITY as an additional insured under such policies as required above. 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be 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: • All printed materials provided by CCONSULTANT 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. • 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 Division’s office. • 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 CITY OF PALO ALTO ____________________________ City Manager (Required on contracts over $85,000) APPROVED AS TO FORM: __________________________ Deputy City Attorney (Required on Contracts over $25,000) SHAH KAWASKAI ARCHITECTS, INC. By:___________________________ Name:_________________________ Title:___________________________ Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: HOURLY RATE SCHEDULE EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Alan Kawasaki President EXHIBIT “A” SCOPE OF SERVICES 1. INTRODUCTION This contract is for a Design Consultant to provide design services to replace the existing Fire Station 3 and also provide a design for a temporary fire station. The Design Consultant shall present the designs to Palo Alto’s Architectural Review Board (ARB), Historic Resources Board (HRB), Planning and Transportation Commission (PTC), and the Parks and Recreation Commission (PRC). 2. SCOPE OF SERVICES The Consultant’s basic services for the Fire Station No. 3 Replacement Project consist of two phases. Phase I: Task 1, Schematic Design; Task 2, Design Development and Task 3, Construction Documents and Phase II: Task 4, Construction Administration and Task 5 LEED Certification. Phase I Task 1. Schematic Design 1.1 Project start-up and Programming a. Consultant and Design Team shall meet with City, Public Art Commission Liaison, and Fire Department representatives b. Consultant shall review record drawings, reports and studies provided by City. c. Consultant shall coordinate with City and Fire Department representatives to gather information and comments for the schematic design of a new Fire Station No. 3 and Temporary Fire Station 3. d. Consultant shall meet with City and community members interested in the project to obtain community input including workshops to respond directly to interested community members. 1.2 Prepare schematic design for Fire Station No. 3 and Temporary Fire Station 3. a. Consultant shall conduct code analysis and ADA assessment. b. Consultant shall coordinate design with City and Fire Department representatives. c. Consultant shall coordinate design with Crown Castle for replacement of the existing cell tower on the site that is currently integrated into the station’s flag pole. d. Consultant shall meet with City and Fire Department representatives. e. Consultant shall prepare outline specifications and schedule for project. f. Consultant shall submit 10 full-size sets of the schematic design package to City for review which shall be compromised of the site (plan), architectural (architectural plans, elevations, and sections), structural and MEP system narratives and any relevant supporting material. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 1.3 Upon completion of schematic design for both Fire Station No. 3 and Temporary Fire Station 3, Consultant shall provide a schematic–level construction cost estimate for the Project. Consultant shall meet with City to review cost estimate and compare it to the construction budget to identify opportunities for enhancement or necessity for value engineering. 1.4 Present schematic designs to City a. Consultant shall prepare presentation materials (architectural plans, elevations, and sections as appropriate for the presentation outlined in 1.4.b). b. Consultant shall present the schematic design to City Boards and Commissions: Architectural Review Board (ARB), Historic Resources Board (HRB), Planning and Transportation Commission (PTC and the Parks and Recreation Commission (PRC). 1.5 Consultant shall coordinate and meet with project team, as needed, including Public Works Engineering, Fire, Planning, Building and Utilities Engineering. 1.6 The Consultant shall prepare a Negative Declaration as determined by RRM’s Final Report dated April 15, 2005. Should additional CEQA analysis be required, City will pursue negotiations for a contract amendment with Consultant at that time. 1.7 Consultant shall allow for an average of 15 meetings at 1.5 hours each Task 2. Design Development 2.1 Prepare design development packages for new Fire Station No. 3 and a Temporary Fire Station 3. a. Consultant shall refine and update schematic design drawings in response to comments from Commissions, Fire Department, ARB, HRB, PTC, PRC and City representatives. b. Consultant shall develop building and site details. c. Consultant shall prepare in-progress specifications for projects. d. Consultant shall develop interior/exterior design. e. Consultant shall prepare interior/exterior product/finish boards. f. Consultant shall prepare furniture, fixtures and equipment layout. 2.2 Consultant shall submit 10 full-size sets and 10 half-size sets of the design development packages to City for review which shall include the architectural, structural, and building systems drawings, and any relevant drawings, and materials. 2.3 Consultant shall coordinate and meet with project team, as needed, including Public Works Engineering, Fire, Planning, Building and Utilities Engineering. 2.4 Upon completion of design development, Consultant shall a provide design development- level construction cost estimate and a project schedule including time for permits required for both Projects. 2.5 Present design development packages to City DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 a. Consultant shall prepare presentation materials. b. Consultant shall present design to ARB, HRB, PTC, and PRC. 2.6 The Temporary Fire Station 3 will require a conditional use permit from Planning Department. Consultant shall meet with various City departments to complete the conditional use permit process as required. 2.7 Selection of Temporary Fire Station 3 site may require Consultant to explore up to three possible sites (Attachment 1). Consultant shall work with the Project Manager and various City Departments to explore the possible sites to determine best fit site Temporary Fire Station 3. 2.8 Consultant shall prepare an Initial Study environmental assessment for Temporary Fire Station 3 building site and provide all required documents resulted from the Initial Study, including a Mitigated Negative Declaration. 2.9 Consultant shall complete construction documents and provide construction administration services for the Temporary Fire Station 3 in a similar manner as listed in Tasks 3 and 4 below. The overall schedule shall prioritize Temporary Fire Station 3 such that the temporary facility will be ready and fully functional when construction of Fire Station No. 3 is ready to begin. Temporary Fire Station 3 does not require LEED certification. Consultant shall also coordinate with Crown Castle, City Planning, and City Real Estate for temporary placement of a cellular phone tower to mitigate the loss of the tower that is currently disguised as the flag pole in front of Fire Station No. 3. 2.9A Consultant shall allow for an average of 15 meetings at 1.5 hours each. Task 3. Construction Documents 3.1 Consultant shall prepare construction documents for a new Fire Station No. 3 a. Consultant shall refine and update design development drawings. b. Consultant shall prepare technical specifications for project in CSI format. c. Consultant shall coordinate the technical specifications with City’s General Conditions and Construction Contract template d. Consultant shall refine interior design. e. Consultant shall refine and update furniture, fixture and equipment drawings. f. Consultant shall develop final interior product/finish/furnishing boards. g. Consultant shall coordinate with City’s design team 3.2 Consultant shall submit 10 full-size sets and 10 half-size sets of the 65% and 95% construction documents package to City for review which shall include the architectural, structural, and building systems drawings, and any relevant drawings, and materials and specifications. Anticipated plan sheets for submittal to the City shall include the following: 1. Title Sheet. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 2. Stage Construction Plan and Notes. 3. LEED and Green Building Check List 4. Architectural Exterior and Interior Plans, Elevation and Finished Schedule. 5. Structural Plans and Details. 6. MEP plans. 7. Typical Cross Sections. 8. Cabinetry, Doors and Miscellaneous details. 3.3 Consultant shall provide a 65% and 95% construction documents cost estimate and updated project schedules. 3.4 Upon completion of construction documents, Consultant shall provide a final construction cost estimate and a final estimated construction timeline for the Project. 3.5 Consultant shall deliver final 100% construction documents, estimated timeline and cost estimate to City (10 full-size, 2 half-size, and a USB jump drive). All drawings shall be delivered to the City in AutoCAD 2013 and PDF formats. 3.6 Consultant shall allow for an average of 10 meetings at 1.5 hours each. Phase II Task 4. Construction Administration Assist City during bid period a. Consultant shall review and respond to questions, within 48 hours, during bid period; review accepted bids. b. Consultant shall prepare addenda and revisions as required within 48 hours during bid period. 4.1 Provide construction support and construction administration services a. Consultant shall assist City in reviewing and responding to submittals within ten (10) working days upon receiving the submittals. b. Consultant shall respond to contractor requests for information within ten (10) working days upon receiving the request. c. Consultant shall assist City in clarifying any questions that may arise during the project in a timely manner. d. Consultant shall assist City in preparing, reviewing and provide comments/solutions to change orders within ten (10) working days upon receiving the change orders. e. Consultant shall physically attend 26 weekly site meetings and shall teleconference into the remaining weekly site meetings as required. f. Consultant shall issue ASI’s within five (5) working days upon determination that ASI’s needed. 4.2 Consultant shall coordinate construction administration services with City construction management consultant. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 4.3 Consultant shall participate in the final project review and prepare the final review punch list. Consultant shall field verify, perform back check and sign off on punch list completion. 4.4 Consultant shall prepare record documents from as-built mark-up plans provided by the Contractor for the project within thirty (30) calendar days from the day Notice of Completion is sent to Contractor. Record documents shall be delivered to the City in both AutoCAD 2013 and PDF formats. Task 5. LEED Certification The City intends that the Fire Station No. 3 Replacement Project shall be designed to meet the standards for LEED Silver or higher certification by the USGBC 5.1 Consultant shall design the Fire Station No. 3 Replacement Project to meet the requirements for LEED V4 certification at the Silver or higher level. 5.2 Consultant shall provide LEED project management services needed for the City to obtain LEED certification of the Fire Station No. 3 Replacement Project, develop specifications consistent with LEED and the City’s policies, and provide the templates, documentation, calculations, and energy modeling studies necessary to obtain LEED certification. 5.3 Consultant and relevant sub-consultants shall include at least one LEED accredited professional to support Project Sustainable Building/ Green Building design criteria as required to achieve LEED certification. 5.4 Consultant shall include in the construction documents appropriate provisions requiring the contractor to meet the requirements for City’s submittal to USGBC for LEED Silver certification. Assumptions 6.1 A geotechnical report and survey including topography and utilities will be provided by City within 45 days of the notice to proceed. 6.2 The electrical engineering drawings shall indicate IT/telecommunication /security/Alert system backbone (conduit and/or cable trays). The systems including equipment (servers, PBX, Zetron,etc) shall be provided by the Fire District’s or City’s vendors. 6.3 All necessary utilities are available within the property and/or immediate street frontage. 6.4 The City shall either lease or purchase the temporary fire station structures such as modular and or “Sprung” structures from design/build vendors. The Consultant’s construction documents shall consist of site preparation and utilities necessary for hook- DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 up and performance specifications and diagrams necessary for the apparatus and house structures. 6.6 SWPP Plan is not included in Basic Services. Public Art Coordination - Additional Services If the Public Art Commission decides to incorporate public art into the project, Consultant shall coordinate with the Public Art Commission Liaison to integrate the art with the Project. Should this coordination effort be required, City will pursue negotiations for a contract amendment with Consultant at that time. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 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. Milestones Completion No. of Days from NTP 1. Task 1, Schematic Design 91 days 2. Task 2, Design Development 182 days 3. Task 3, Construction Documents 365 days 4. Task 4, Construction Administration 1000 days 5. Task 5, LEED Certification 1095 days DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $ $544,593.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation for Services, Additional Services and reimbursable expenses shall not exceed $599,052.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $544,593.00 and the total compensation for Additional Services does not exceed $54,459.00. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $89,785.00 (Schematic Design) Task 2 $115,010.00 (Design Development) Task 3 $181,609.00 (Construction Document) Task 4 $105,999.00 (Construction Administration) Task 5 $27,190.00 (LEED Silver Certification) Sub-total Basic Services $519,593.00 Reimbursable Expenses $25,000 Total Basic Services and Reimbursable expenses $544,593.00 DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 Additional Services (Not to Exceed) $54,459.00 Maximum Total Compensation $599,052.00 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: 1. Geotechnical Report is not received from City prior to commencement of structural engineering services 2. Geotechnical Report recommends special (not spread footings) foundations systems such as mat, piers or piles. 3. Survey including topographic, boundary and utilities is not received from City prior to commencement of civil engineering. 4. Design services to incorporate Public Art is an additional service. DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 5. CEQA documents other than negative declaration is an additional service. 6. Alert System design is an additional services 7. IT/Telecommunications Equipment design including routers, servers, PBX is an additional service 8. Cell tower and equipment design other than coordination is an additional service 9. As-Built documentation is an additional service DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 EXHIBIT “C-1” HOURLY RATE SCHEDULE 2015 Hourly Billing Rates Shah Kawasaki Architects Principal .........................................................................$220 Architect 3 ......................................................................$175 Architect 2 ......................................................................$145 Architect 1 ......................................................................$120 Design Staff 3 ................................................................$145 Design Staff 2 ................................................................$125 Design Staff 1 ................................................................$110 Intern 3 ...........................................................................$100 Intern 2 .............................................................................$90 Intern 1 .............................................................................$80 Administrative Staff .......................................................$110 ZFA Structural Engineers Engineer - Executive Principal ......................................$160 Engineer - Senior Principal / Principal ..........................$150 Engineer - Senior Associate ...........................................$140 Engineer - Associate ......................................................$130 Engineer - Senior ..........................................................$115 Engineer .........................................................................$100 Engineer - Designer .........................................................$90 BIM Manager .................................................................$110 Senior BIM Tech............................................................$100 BIM Tech .........................................................................$90 Sr. Drafter ........................................................................$95 Drafter ..............................................................................$80 Lefler Engineering Principal .........................................................................$200 Project Engineer .............................................................$165 CADD Drafter ................................................................$115 Word Processing ..............................................................$70 Administration .................................................................$90 Thoma Electric Professional Electrical Engineer ....................................$175 Electrical Engineer / Designer .......................................$147 Electrical Design Assistant ............................................$102 DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 Electrical Cost Estimator ...............................................$109 Field Technician / Electrician ........................................$106 Computer Aided Design / Drafter ....................................$92 Secretarial ........................................................................$78 Siegfried Principal .........................................................................$214 Senior Associate.............................................................$184 Associate ........................................................................$163 Project Engineer .............................................................$152 Engineer Design II ........................................................$140 Engineer Design I ..........................................................$123 Project Landscape Architect ..........................................$152 Landscape Architect Designer II ...................................$129 Landscape Architect Design I ........................................$102 Project Land Surveyor ...................................................$152 Surveyor II .....................................................................$137 Surveyor I.......................................................................$120 Survey Crew, 2 Person ...................................................$247 Survey Crew, 1 Person ...................................................$163 Instrumentman (1) ..........................................................$173 Chainman / Rodman (1) .................................................$118 Technician, Senior .........................................................$120 Technician III .................................................................$107 Technician II ....................................................................$93 Technician I .....................................................................$78 Clerical .............................................................................$67 Cumming Senior Vice President / Regional Vice President ...........$235 Director of Cost Management ........................................$195 Senior Cost Manager......................................................$175 Senior Cost Manager......................................................$160 Cost Management Technician / Coordinator .................$115 DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 2016 Hourly Rate Schedule Shah Kawasaki Architects Principal...................................................................................................... $220 Architect 3.................................................................................................. $180 Architect 2.................................................................................................. $150 Architect 1.................................................................................................. $125 Design Staff 3............................................................................................. $150 Design Staff 2............................................................................................. $130 Design Staff 1............................................................................................. $115 Intern 3....................................................................................................... $105 Intern 2........................................................................................................$95 Intern 1........................................................................................................$85 Administrative Staff.................................................................................. $115 ZFA Structural Engineers Engineer - Executive Principal...............................................................$175 Engineer - Senior Principal / Principal.................................................. $160 Engineer - Senior Associate...................................................................$146 Engineer - Associate..............................................................................$135 Engineer - Senior .................................................................................. $120 Engineer..................................................................................................$110 Engineer - Designer................................................................................$100 BIM Manager..........................................................................................$110 Senior BIM Tech.....................................................................................$100 Sr. Drafter................................................................................................$100 BIM Tech.................................................................................................$95 Drafter.......................................................................................................$95 Lefler Engineering Principal.....................................................................................................$200 Project Engineer........................................................................................ $165 CADD Drafter........................................................................................... $115 Word Processing........................................................................................$70 Administration...........................................................................................$90 Thoma Electric Professional Electrical Engineer..............................................................$182 Electrical Engineer / Designer.................................................................$152 Electrical Design Assistant......................................................................$106 Electrical Cost Estimator.........................................................................$113 DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 Field Technician / Electrician.................................................................. $110 Computer Aided Design / Drafter.............................................................$96 Secretarial..................................................................................................$80 Siegfried Principal...................................................................................................... $214 Senior Associate......................................................................................... $184 Associate..................................................................................................... $163 Project Engineer........................................................................................ $152 Engineer Design II................................................................................... $140 Engineer Design I...................................................................................... $123 Project Landscape Architect.................................................................... $152 Landscape Architect Designer II............................................................. $129 Landscape Architect Design I.................................................................. $102 Project Land Surveyor.............................................................................. $152 Surveyor II..................................................................................................$137 Surveyor I................................................................................................... $120 Survey Crew, 2 Person.............................................................................. $247 Survey Crew, 1 Person.............................................................................. $163 Instrumentman (1).................................................................................... $173 Chainman / Rodman (1).......................................................................... $118 Technician, Senior..................................................................................... $120 Technician III............................................................................................. $107 Technician II................................................................................................$93 Technician I.................................................................................................$78 Clerical.........................................................................................................$67 Cumming Managing Principal..............................................................................$235 Senior Vice President / Regional Vice President.................................$210 Managing Director...............................................................................$195 Associate Director................................................................................$185 Senior Cost Manager............................................................................$175 Cost Manager........................................................................................$160 Cost Management Technician / Coordinator........................................ $110 DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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 DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Professional Services Rev. March 31, 2015 THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED 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. NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: 921C8422-123E-4B99-99EC-6DC97A35DA14 Buildings and Facilities CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET 123 Fire Station 3 Replacement Fire Station 3 Replacement Description This project provides funding to replace Fire Station 3 at the corner of Newell and Embarcadero Roads. The replacement facility will be based on the prior Replacement Study and Needs Assessment prepared in 2005. Justification The current Fire Station 3 facility is operationally and technologically deficient. This project will provide a new facility built to essential services standards, having a high likelihood of being fully operational after a major disaster such as a significant earthquake. Supplemental Information The Fire Station 3 Replacement project is included in the Council approved Infrastructure Plan. Fund: Capital Improvement Fund Category: Buildings and Facilities Project Location: 799 Embarcadero Road Managing Department: Public Works IBRC Reference: New Initial Project Start: Spring 2015 Initial Project Completion: Spring 2018 Revised Project Start: Revised Project Completion: Project Number: PE-15003 Fire Station 3 Funding Sources Schedule Funding Source Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Transfer from Stanford University Medical Ctr Fund 0 0 0 0 6,000,000 0 0 0 6,000,000 0 6,000,000 Capital Improvement Fund 0 0 0 196,488 267,523 55,803 0 0 519,814 0 519,814 Total 0 0 0 196,488 6,267,523 55,803 0 0 6,519,814 0 6,519,814 Expenditure Schedule Project Phase Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Design 0 0 0 143,580 0 0 0 0 143,580 0 143,580 Construction 0 0 0 52,908 6,267,523 55,803 0 0 6,376,234 0 6,376,234 Total 0 0 0 196,488 6,267,523 55,803 0 0 6,519,814 0 6,519,814 Buildings and Facilities 124 CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET Operating Impact This project is anticipated to impact operating expenses in the future. As these costs are quan- tified, adjustments will be brought forward in future budgets, as necessary. Relationship to Comprehensive Plan Primary Connection Element: Community Services & Facilities Section: Parks and Public Facilities Goal: C-4 Policy: C-24 Potential Board/Commission Review: Architectural Review Board Environmental Impact Analysis: This project may require a CEQA environmental assessment. City of Palo Alto (ID # 6335) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Golf Course Budget Amendment Ordinance Title: Authorization to Operate the Golf Course From January 1, 2016 to June 30, 2016 and Adoption of a Budget Amendment Ordinance to Increase Golf Course Revenues Estimate in the Amount of $600,956 and Provide Additional Expense Appropriation in the Amount of $600,956 From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council authorize staff to keep the Golf Course open from January 1, 2016 to June 30, 2016, and adopt the attached Budget Amendment Ordinance (BAO) (Attachment A) to fund Golf Course operation by increasing Golf Course revenues by $600,956 and Golf Course expenditures by $600,956 in the Community Services Department. Background The Golf Course design, environmental impact report (EIR), and construction bid documents are all complete and ready for bidding of the Palo Alto Municipal Golf Course Reconfiguration Project (Project) as soon as regulatory permits are approved. Implementation of the Project requires the acquisition of regulatory permits from state and federal resource agencies. Specifically, the Project requires a Section 404 Permit from the U.S. Army Corps of Engineers (Corps) which also involves consultation with the U.S. Fish and Wildlife Service with respect to potential impacts to federally-listed endangered species, and a Section 401 Water Quality Certification from the California Regional Water Quality Control Board (Water Board). Permit applications for the Project were submitted to the agencies on December 23, 2013. It has proven to be extremely challenging to secure the required permits for the Project. Staff has continued to make concerted efforts to work cooperatively with resource agency staff over the past year, responding promptly to their comments and requests for information and making frequent overtures offering assistance to expedite the permitting process. Staff, including the City Manager and City Attorney, have also worked directly with resource agency executive managers, local state legislators, JPA staff, and outside counsel in an effort to speed up the issuance of permits. While progress is being made, it has been slow, and a realistic credible date of permit issuance remains uncertain. City of Palo Alto Page 2 Discussion Regulatory Permits The regulatory permit process remains the critical path and milestone controlling our ability to commence construction of the Project. The Golf Course design, Environmental Impact Report and construction bid documents are all completed and ready for rebidding of the Project pending acquisition of regulatory permits. Consequently, pursuing permit approval remains staff’s highest priority. The City must secure two regulatory permits (Section 401 Water Quality Certification from the Water Board and a Section 404 Permit from the Corps) prior to re- advertising the Project for construction bids. Below is a summary and status of the remaining steps in the permitting process: 1. Water Board issues Section 401 Water Quality Certification: The Water Board failed to take action on the City’s permit application within the legally-mandated timeframe. As a result, the City Attorney believes that the Water Board has waived its right to require a Water Quality Certification, although we have not yet received confirmation of this interpretation from Water Board staff. The City Attorney is pursuing a formal response from the Water Board’s legal counsel as to their interpretation of the status of our permit application and our ability to proceed with Project construction. 2. Corps consults with US Fish & Wildlife Service regarding potential Project impacts to endangered species: On November 3, 2015, Corps staff requested that the US Fish & Wildlife Service (USFWS) initiate informal consultation on the Project and provide concurrence with the Corps’ preliminary finding that the Project may affect, but is not likely to adversely affect listed endangered animal and plant species, including the Ridgway’s rail, salt marsh harvest mouse, and showy Indian Clover. On November 24, 2015, we received an e-mail from USFWS staff requesting additional clarifying information to assist with their review of our Section 404 permit application. It is unclear at this point how much time the USFWS will need to complete its consultation with the Corps. 3. Corps issues Section 404 permit: The Corps will be in a position to issue the Section 404 permit for the Project shortly after the USFWS provides its input on potential impacts to listed endangered species. Project Schedule At this time it is infeasible to identify a definitive schedule for the bidding of the Project given that the ability to proceed with the Project is tied directly to the permitting process, which is beyond the City’s direct control. Based on the difficulties caused by initially bidding the Project prematurely, staff recommends that the Project not be advertised for construction bids until the required regulatory permits have been secured. Staff provides two potential schedule scenarios below. The first scenario assumes permit approval by March, 2016. This is the latest date that would allow Project City of Palo Alto Page 3 construction to start in summer 2016. Any further delays in permit acquisition would cause the Project to be postponed until the end of the calendar year (as outlined in Scenario B below) due to seasonal constraints on grading and turf installation. At this time, staff believes that it is uncertain whether permits will be secured in time to achieve the Scenario A schedule. It is presented here, as the ideal schedule to be compared with the more realistic Scenario B schedule. Scenario A Scenario B Timeline Duration Milestones 2/1/16 0 Issue a Request for Qualifications (RFQ) 3/1/16 4 weeks Due date for contractor pre-qualification submittals 3/7/16 1 week Advertise project for construction bids 4/19/16 6 weeks Bid opening date 5/9/16 3 weeks City Council award of construction contract 5/30/16 3 weeks Issue Notice to Proceed to contractor 6/27/16 4 weeks Close Golf Course, begin construction activity Fall /Winter 2017 18 months Open new Golf Course to the public City of Palo Alto Page 4 The cost of construction is subject to many economic factors. Staff has observed price increases for irrigation equipment over the past year, and the improved economy has increased the number of golf course projects in construction, which has in turn driven up bid prices. It is difficult to predict the prices that contractors will bid when the Project is ultimately advertised for competitive bids. However, Staff will endeavor to keep bid prices as low as possible by conducting a new round of bidder pre-qualification when the permits are approved to attract a variety of qualified golf course builders. Current Golf Course Operations The Golf Course was modified and shortened in August 2013 to accommodate the stockpiling of imported soil for the Project and the JPA’s flood protection project. To accommodate the soil stockpile area, several holes on the Golf Course were shortened, reducing the par score of the course from 72 to 67. The course remains open for public play. While the pre-construction Golf Course is a shorter course, it remains playable and allows golfers to complete a round of golf in less time than in the past. The golf course is still an 18-hole golf course with two par 5, nine par 4, and seven par 3 holes. All 365,000 cubic yards of imported soil needed for the Project have been delivered to the Golf Course, generating revenue of $1.1 million to be applied towards the cost of the Project. The FY 2016 approved budget assumed the Golf Course would be open for business through December 2015, and closed thereafter for approximately 2 years for construction. Because regulatory permits are not likely to be received in time to begin construction in FY 2016, staff is recommending Council approve a Budget Amendment Ordinance that allows the Golf Couse to remain open for business through the remainder of FY 2016. The estimated increase in revenues by remaining open January through June 2016 is $600,956, with an equal increase of in expenses of $600,956. In an effort to promote the Golf Course during this pre-construction period and help create excitement and enthusiasm for the future Baylands-themed course, the Golf Course Management Team continues to creatively market the Golf Course. The Golf Course Timeline Duration Milestones 7/5/16 0 weeks Issue a Request for Qualifications (RFQ) 8/2/16 4 weeks Due date for contractor pre-qualification submittals 8/8/16 1 week Advertise project for construction bids 9/20/16 6 weeks Bid opening date 10/17/16 4 weeks City Council award of construction contract 11/7/16 3 weeks Issue Notice to Proceed to contractor 12/5/16 4 weeks Close Golf Course, begin construction activity Fall 2018 21 months Open new Golf Course to the public City of Palo Alto Page 5 Management Team is made up of City staff, contracted Golf Professional Brad Lozares, Valley Crest golf course maintenance staff, Bay Café staff, Golf Course Architect Forrest Richardson, and members of the Golf Course Advisory Committee. Marketing of the Golf Course uses social media, print advertising and other promotional strategies to tell a compelling story about the rich history of Palo Alto’s Golf Course and the innovative plans for the future. The marketing efforts have included the following discounts and special offers among others: Loyalty Cards – Play 5 rounds and get 1 free Two-for-one green fee offers Saturday and Sunday – Kids play free with one paid adult Good Deed Gift Certificates Distribution of Bridge to the Future bookmarks for special pricing on par 67 layout Golf Now third party booking engine utilization Weekly email blasts to club members Nine and Dine offers for 9 hole only players Driving Range loyalty card - Buy 10 buckets and get 1 free Banners installed on range netting to promote that we are fully open for business Special sales for senior discount cards Special sales for junior monthly play card to be used on weekends New simplified fee signage Contact all local golf clubs and former tournament directors to notify that course remains open In spite of efforts to encourage and promote golf play at the Golf Course, the temporary conditions leave the Golf Course less competitive in the market. There are numerous golfing options on the Peninsula to choose from, and the shorter temporary conditions of the Palo Alto Municipal Golf Course make it difficult to attract customers and to price golf rounds in a way that will result in full cost recovery of the Golf Course’s operational expenses. In FY 2016, assuming Council approves the attached BAO, the Golf Course will be subsidized by $959,381. Resource Impact The resource impact to FY 2016 is estimated to be an increase of revenue by $600,956 and an increase in expected expenses by $600,956. The revised FY 2016 Golf Course budget can be seen in Attachment B. Environmental Review An Environmental Impact Report (EIR) was prepared to evaluate the potential impacts of the Palo Alto Municipal Golf Course Reconfiguration Project and to identify the appropriate mitigation measures in accordance with the provisions of the California Environmental Quality Act (CEQA). Council, acting on behalf of the City of Palo Alto in its role as lead agency for purposes of CEQA, adopted a resolution on February 3, 2014, certifying the final EIR for the project. Attachments: City of Palo Alto Page 6 ATT B - golf course Pro Forma FY16 (PDF) Budget Amendment Ordinance - Golf Course (DOCX) PALO ALTO GOLF COURSE PRO FORMA FY13 Actuals FY14 Actuals FY15 Actuals FY16 Adopted Budget FY16 Open Jan-June Recommended BAO Total FY 16 Adopted + Jan-June REVENUES Tournament Fees 1,670 4,037 37,517 0 0 Gree Fees (+Cards) 1,781,405 1,103,410 922,800 396,000 447,997 843,997 Driving Range 343,883 313,633 296,933 210,000 79,511 289,511 Cart Fee 279,795 225,310 216,541 95,000 94,037 189,037 Proshop lease 27,248 25,051 24,818 21,000 3,000 24,000 Restaurant lease 48,880 53,487 39,191 26,400 0 26,400 restaurant Utilities 21,600 16,260 16,980 18,000 0 18,000 Other Fee 24,319 20,075 22,239 12,000 12,000 24,000 TOTAL REVENUE 2,528,800 1,761,263 1,577,019 778,400 636,545 1,414,945 EXPENDITURES Operating Expenses Salaries & Benefits 134,948 122,634 85,683 149,542 0 149,542 Advertising & Publishing 11,307 7,916 5,599 15,000 0 15,000 Supplies and Materials 3,292 6,986 1,106 20,000 0 20,000 General Expense 1,014 1,038 74 0 0 Facilities Repairs & Maintenance 7,259 9,706 10,000 0 10,000 Water Expense 381,966 319,204 253,314 150,000 94,500 244,500 Other Direct Charges 48,448 46,126 44,173 45,479 0 45,479 Indirect Charges 93,702 36,099 31,017 40,672 0 40,672 Subtotal 681,936 540,003 430,673 430,693 94,500 525,193 Contract Services Golf Maintenance 808,801 780,755 831,130 524,750 266,052 790,802 Miscellaneous Range fees 130,676 119,181 112,835 117,400 30,214 147,614 Cart rentals 112,083 86,034 81,767 19,000 37,615 56,615 Club rentals 5,951 4,666 4,880 4,000 2,490 6,490 Fixed Management Fees 339,045 338,292 319,057 187,917 157,415 345,332 Green Fees to Golf Professional (5%) 0 0 0 Credit Card Fees 38,000 30,000 12,671 12,671 Subtotal 1,453,121 1,367,390 1,349,668 853,067 506,456 1,359,523 Total Operating Expenses 2,135,057 1,907,393 1,780,341 1,283,760 600,956 1,884,716 Net Income From Operations 419,443 (146,130)(203,322)(505,360)35,588 (469,772) Debt and Other Charges 1998 Debt Service 428,180 429,020 428,194 429,020 0 429,020 New 2014 Debt Service 0 0 0 0 0 0 Cost Plan Charges 23,871 26,224 20,459 25,000 0 25,000 Capital Reserve 0 0 0 0 0 0 Subtotal - Debt and Other Charges 452,051 455,244 448,653 454,020 0 454,020 Net Income (Loss)(32,608)(601,374)(651,975)(959,380)35,588 (923,792) Golf Rounds 58,000 46,527 42,048 15,000 20,354 35,354 Proforma Assumptions for FY16 January-June - Average round $22.01 based off of FY15 and FY16 Q1 data -Rounds data determined by 90% (January-March during the rainy season) and 95% (April-June) of the average number of rounds in FY14/15 for the same period - Rounds/revenue accounts for high rain period January-March - Cart fee is projected at $4.62 per round based on the average price FY13-15 - Water cost anticipated lower in rainier season (January-March) - Credit card fee is 2% of revenue 1 6335/sg Revised November 25, 2015 Ordinance No. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2015 TO INCREASE GOLF COURSE REVENUE ESTIMATES BY $600,956 AND PROVIDE AN ADDITIONAL APPROPRIATION OF $600,956 IN THE COMMUNITY SERVICES DEPARTMENT BUDGET FOR GOLF COURSE OPERATIONS The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for Fiscal Year 2016; and B. The Fiscal Year 2016 Adopted Operating Budget assumed the closure of the Golf Course effective January 1, 2016; and C. As part of the approval of the Fiscal Year 2014 Adopted Capital Budget, the City Council approved the Golf Course Reconfiguration Project; and D. In anticipation of the Golf Course Reconfiguration Project, the City applied for permits from the State Water Board; and E. Due to delays in permit review and issuance, the City continued to fund golf course operations offset with additional revenues through budget amendments in Fiscal Year 2015; and F. Delays in permit issuance from the State Water Board are anticipated to continue through the remainder of FY 2016; G. Therefore, staff is requesting an additional appropriation to keep the Golf Course open through June 2016 offset by an increase in Revenues to fund Golf Couse operations through the end of Fiscal Year 2016. SECTION 2. The revenue estimate for Charges for Services in the Community Services Department for Golf Course operations is hereby increased by Six Hundred Thousand and Nine Hundred Fifty-Six Dollars ($600,956). SECTION 3. The Community Services Department expenditure budget for Golf Course operations is hereby increased by Six Hundred Thousand and Nine Hundred Fifty-Six Dollars ($600,956). SECTION 5. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two- thirds vote of the City Council is required to adopt this ordinance. 2 6335/sg Revised November 25, 2015 SECTION 6. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 7. The actions taken in this ordinance do not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). INTRODUCED AND PASSED: Enter Date Here AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Assistant City Attorney City Manager Director of Administrative Services Director of Community Services City of Palo Alto (ID # 6375) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Approval of the Fire Insurance Settlement Payment for Property Located at 2257 Bryant Street Title: Approval of the Fire Insurance Settlement Payment of $553,599.85 From State Farm Insurance Company for the Property Owned by the City of Palo Alto and Frank Benest at 2257 Bryant Street and Authority to Sell Property From: City Manager Lead Department: Administrative Services RECOMMENDATION Staff requests Council: 1. Approve the fire insurance settlement payment of $553,599.85 from State Farm Insurance Company for the property owned by the City of Palo Alto and Frank Benest at 2257 Bryant Street and authorize the City Manager or designee to sign any appropriate and necessary documentation and 2. If Mr. Benest elects to vacate the house, authorize the City Manager to list the house with a local real estate broker and authorize City Manager or designee to sign appropriate and necessary documentation authorizing the sale of the property to the highest and most qualified bidder. EXECUTIVE SUMMARY Staff is seeking Council approval for an insurance settlement involving the May 3, 2014 fire which severely damaged property located at 2257 Bryant Street in Palo Alto. The City co-owns this property with Frank Benest, Palo Alto’s City Manager from February 2000 through August 2008. The City and Mr. Benest are co-listed on the property insurance policy. The property was purchased jointly on June 27, 2001 to be used as the primary residence of the City Manager. Presently, the equity ownership of the property consists of 56.8% by the City and 43.2% by Frank Benest and Pamela S. Grady, Co –Trustee of the Benest & Grady Family Trust dated November 13, 1990. The City and Mr. Benest rejected the original settlement offer of $435,635 to repair the house made by State Farm Insurance Company on November 3, 2014. City of Palo Alto Page 2 During the past ten months, City staff and Mr. Benest worked together to obtain multiple construction estimates to repair and rebuild the structure. The goal was to obtain a realistic cost estimate to rebuild the structure. City staff and Mr. Benest reviewed the submitted bids, and selected Ward – Tek Inc., Construction Company as the best proposal to rebuild the house. State Farm analyzed and adjusted the bid or cost estimates by Ward-Tek estimates and an insurance proposal of $553,599.85 was submitted. This amount represents the cost to repair the damaged house in accordance with current building codes and other repair expenses. Mr. Benest has agreed to State Farm settlement amount and to move forward with rebuilding the house or selling the property. BACKGROUND The City of Palo Alto and Frank Benest are joint owners of the property located at 2257 Bryant Street. Because the City Charter requires the City Manager to live in Palo Alto, the City’s recent practice has been to provide a housing subsidy as part of the City Manager’s compensation. The property was purchased by Frank Benest on June 27, 2001 for his primary residence. (Attachment A-CMR 4963). Under Mr. Benest’s employment contract he is entitled to live in the house until his youngest child turns eighteen. Mr. Benest and his family were living on the property until a major house fire severely damaged the property on May 3, 2014. Since the occurrence, City staff worked with Mr. Benest, the insurance company, contractors, an architect, a structural engineer, and real estate consultants toward the clean-up, rehabilitation, development of architectural and structural plans, and evaluation of alternatives for the property. City staff and Mr. Benest met regularly to manage these tasks and to evaluate options for the disposition of the property amenable to both parties. The process was time consuming given multiple interactions with the insurer’s adjuster; providing data and input to the architect and structural engineer; evaluating their reports, and, finally, analyzing bids from four general contractors. The following timeline is provided to explain the length of this project: Phase 1: Compilation of reports and investigation (May 2014 – July 2014) Phase 2: Property clean up (July 2014- August 2014) Phase 3: Development of building plans and bids (September2014- April 2015) Phase 4: Evaluation of bids and finalizing negotiation with State Farm (May 2015 to Present) At the August 4, 2014 City Council meeting, the City Council approved a capital project (Emergency Facility Improvements, PF-15005) to fund initial repair and rehabilitation for the Frank Benest house. Approximately $65,000 was charged against this capital project. DISCUSSION The State Farm settlement offer is $553,599.85. This amount includes: clean up and repair expenses such as roof work and asbestos abatement and costs for rebuilding the structure which incorporates code upgrades and a dwelling extension (garage), Attachment B provides cost information. To date, State Farm has paid $543,534.10 to the City and the amount of City of Palo Alto Page 3 $6,587.73 directly for two invoices to two vendors for cleanup services at the Property. Thus far, the City has paid $65,147.35 from the insurance proceeds in reimbursements for rehabilitation expenses that the City and Frank incurred from the Emergency Facility Improvements project. The full insurance proceed amount less what has been paid for various expenses is being held in a City deposit account until a decision is made on the disposition of the property. Once the decision regarding the disposition of the property is made, staff will return to the City Council with a budget amendment to reimburse the Capital Improvement Fund for expenses incurred. The City and State Farm still have to settle a few remaining items such as landscaping, City permit expenses and other paid invoices, thus the final settlement payout may be increased between $3,500 to $5,500. According to the term of the employment contract between the City and Mr. Benest, sale of the property is contingent upon one the following: a. At the option of Frank Benest, subject to the terms of the employment agreement; b. The passing of 18 months following the involuntary termination of the employment; c. Upon mutual agreement of the parties; d. On December 31, 2017 or until the Mr. Benest’s current children have graduated or left Palo Alto public schools, whichever comes first. As a consequence of the above terms, City staff and Mr. Benest are discussing the following options for the property: Option A: Sell the Property “as is” Pro: Quicker response time, strong real estate market, allows the buyer to design and build a home according to their preferences. Risk of construction overruns is borne by buyer. Con: Possible risk of lower sale price based on “burned” home. Does not allow Mr. Benest to move back into the property. Option B: Demolish the Structure and Market the Property as Single Family Lot Pro: Buyers can see clearly what the site offers, it allows for buyer to design and build a home, quicker response time and a strong real estate market. Con: would require additional expenditures for demolition for both the City and Mr. Benest, demolition permit will be required by City code. Option C: Rebuild the house as it was before the fire with required Building Code updates Pro: Sellers may obtain a higher value at the time of disposition, and Mr. Benest would reoccupy house until allowed occupancy period ends. Con: It will take 10-12 months to construct the house and real estate market may soften. Rebuilding process will require project management (staff time) and there is the risk of construction cost overruns. An outdated floor plan may ward off buyers. City of Palo Alto Page 4 TIMELINE Mr. Benest and City staff will discuss these options in greater detail following the City Council approval of the insurance settlement. Option A does not need further Council action. Option B (depending on the extent of the demolition costs) and Option C may require additional input from the Council. Staff will return to Council at a later date to provide an update and/ or seek additional direction on disposition of the property. RESOURCE IMPACT All expenses of approximately $65,000 realized by the City have been reimbursed by the insurance company. Additionally, a balance of $478,386 from insurance payments is being held in a City deposit account until a decision is made on the property. If the property is rehabilitated, these funds will be used for associated expenses and to reimburse the Capital Improvement Fund for expenses incurred. If the property is sold as a lot, proceeds will be divided between the City and Mr. Benest according to each party’s ownership stake. Additional marketing, clean-up costs, and the settlement of Mr. Benest’s existing loan from the City (balance as of November 2015 is $331,259) will be deducted from the total proceeds prior to a final disbursement based on ownership percentages to the City and Frank Benest and Pamela S. Grady, Co –Trustee of the Benest & Grady Family Trust. POLICY IMPLICATIONS This recommendation is consistent with Council direction. ENVIRONMENTAL REVIEW This action is not considered a project for the purpose of the California Environmental Quality Act. Attachments: Attachment A; CMR 4963 August 2014 (PDF) Attachment B: Summary of Loss 2257 Bryant Street (PDF) City of Palo Alto (ID # 4963) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/4/2014 City of Palo Alto Page 1 Summary Title: Budget Amendment Ordinance for 2247 Bryant Street Rehabilitation Title: Adoption of a Budget Amendment Ordinance in the Amount of $250,000 (To Be Offset by Insurance Proceeds) for Rehabilitation of Property Located at 2257 Bryant Street From: City Manager Lead Department: Administrative Services RECOMMENDATION Staff recommends that the City Council approve the attached Budget Amendment Ordinance (BAO) in the Capital Improvement Fund in the amount of $250,000 for the reconstruction expenses of the partially City owned property at 2247 Bryant Street, Palo Alto (Attachment A.). All expenses will be offset by insurance payments from State Farm Insurance, resulting in a zero cost impact to the City. EXECUTIVE SUMMARY The City of Palo Alto and Frank Benest (Previous City Manager from February 2000 – August 2008) are joint owners of the property located at 2257 Bryant Street in the City of Palo Alto. The property was purchased jointly on June 27, 2001 to be used as the primary residence of the City Manager. Presently, the equity ownership of the property consists of 56.8% by the City and 43.2% by Frank Benest and Pamela S. Grady, Co –Trustee of the Benest & Grady Family Trust Dated November 13, 1990. Mr. Benest had been living in the property until a house fire occurred on May 3, 2014 making the property uninhabitable. Since this incident, Mr. Benest has moved to a rental property in Palo Alto and City staff has been working with him, the insurance agent, contractors, architect, and structural engineer toward the clean-up and rehabilitation of the property. The insurance company, State Farm, will be paying for expenses such as clean-up and new structural and architectural plans, and construction costs. A City CIP is being established as a conduit for receiving insurance payments (revenue) and for paying expenses. Insurance checks will be issued to the joint owners of the property, the Benest & Grady Family Trust and the City of Palo Alto. These will be deposited in the CIP and then used to pay the contractors and architects for rehabilitation of the property. ATTACHMENT A City of Palo Alto Page 2 BACKGROUND On May 30, 2001 the City Council approved an amendment to the housing assistance provision of the City Manager’s employment agreement. That amendment increased the City’s housing assistance funding amount from $1.2 million to $1.5 million. In accordance with the amendment, the City provided a $900,000 equity share and a $500,000 City loan with a 30-year term to purchase the property located at 2257 Bryant Avenue, Palo Alto, California. The former City Manager contributed $185,000 toward the down payment to acquire the property. The property was purchased jointly with title being held as Tenants-in-Common by the City and the Benest & Grady Family Trust at a total cost of $1.585 million. On May 3, 2014, the property was severely damaged by a fire and became uninhabitable forcing Mr. Benest and his family members to move to a rental property in Palo Alto. The property was insured and the insurance company has accepted the claim. City staff and Mr. Benest have been working together with State Farm Insurance representatives toward the clean-up and rehabilitation of the property. DISCUSSION Since the property is jointly owned, and the City is coinsured, the insurance company is issuing checks for clean-up and structural and architectural plans in both of the owners’ names. The approval of the BAO will allow the City, in the interim, to deposit the insurance checks and pay for the expenses that are incurred toward the rehabilitation of the home. The funds will pass through for payments and the City will not be financially obligated for any work that is being completed at the property at this point. According to the term of the initial employment contract between the City and M. Benest, sale of the home was to occur based on one of the following events: a. At the option of Frank Benest, subject to the terms of the employment agreement; b. The passing of 18 months following the involuntary termination of the employment; c. Upon mutual agreement of the parties; d. On December 31, 2017 or until the manager’s current children have graduated or left Palo Alto public schools, whichever comes first. The City and Mr. Benest will continue to meet to explore their options as how to move forward after the insurance adjuster’s final analysis and additional reports by the architect, general contractors, and structural engineers are provided. Staff will update the Council when more information is available. Presently, the amount of $250,000 is requested in spending authority based on estimated needs. More funding will be needed in the future for additional work. Again, insurance payments will cover all costs associated with this project. TIMELINE Staff will return to Council to provide updates and seek approval for the next steps. RESOURCE IMPACT ATTACHMENT A City of Palo Alto Page 3 The attached BAO requests an appropriation of expenses in the amount of $250,000 in the Capital Improvement Fund to a newly established capital project, Emergency Facility Improvements (PF-15005). Invoices will only be paid once funds have been received from State Farm Insurance, resulting in no net impact to the Capital Improvement Fund or Infrastructure Reserve. POLICY IMPLICATIONS This recommendation is consistent with the original loan agreement and in preserving the City’s partially owned asset. ENVIRONMENTAL REVIEW None required ATTACHMENTS Attachment A: Budget Amendment Ordinance Attachments: Attachment A: Budget Amendment Ordinance Emergency Facility Improvement 2257 Bryant Street (DOC) Attachment B: PAFD 2257 Bryant Report (PDF) ATTACHMENT A Attachment A ORDINANCE NO. ______ ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2015 IN THE CAPITAL IMPROVEMENT FUND, ESTABLISHING A NEW CAPITAL PROJECT, EMERGENCY FACILITY IMPROVEMENTS, PF-15005, IN THE AMOUNT OF $250,000, OFFSET BY INSURANCE REIMBURSEMENTS, RESULTING IN NO NET IMPACT TO THE CAPITAL IMPROVEMENT FUND The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 16, 2014 did adopt a budget for Fiscal Year 2015; and B. On May 30, 2001 the City Council approved an amendment to the housing assistance provision of the then current City Manager’s employment agreement, increasing the City’s housing assistance funding from $1.2 million to $1.5 million; and C. The property at 2257 Bryant Street in Palo Alto was jointly purchased, with title being held as Tenants-in-Common by the City of Palo Alto and the Benest & Grady Family Trust; and D. Presently, the equity ownership of the property consists of 56.8% by the City and 43.2% by Frank Benest and Pamela S. Grady, Co. – Trustee of the Benest and Grady Family Trust, dated November 13, 1990; and E. A house fire on May 3, 2014 made the property uninhabitable. Since that time, Mr. Benest has been living in a rental property in Palo Alto, and City staff has been working with him, the insurance agent, contractors, architects, and structural engineers toward the cleanup and rehabilitation of the property; and F. The insurance company, State Farm, is paying the needed expenses by issuing checks for cleanup and new structural plans. The approval of this budget amendment ordinance will allow the City to deposit checks to pay the contracts and architects for the necessary rehabilitation work. SECTION 2. The net sum of Two Hundred Fifty Thousand Dollars is hereby appropriated to the Emergency Facility Improvements Project (PF-15005) in the Capital Improvement Fund. The expenditures in this new project will be offset by payments from the insurance company, resulting in no net impact to the Capital Improvement Fund or Infrastructure Reserve. ATTACHMENT A SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Assistant City Attorney Director of Public Works Director of Administrative Services ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 1 of 11 Date/Time/Day of Incident: May 3rd 2014 1155 Incident Address: 2257 Bryant Investigating Officer (I/O): Fire Investigator Scott Woodfin Enclosed is my written brief of my investigation into this fire loss at the above referenced address. This brief consists of the summary below and attached photographs. My opinions expressed in this report are based upon empirical data collected during the investigation process and utilizing the guidelines established in NFPA 921. My conclusions are based upon scientific method and deductive reasoning. SYNOPSIS In summary, this fire occurred inside the structure of the above address. The fire was first observed by Layla Benest and notified (Palo Alto Fire Department Communications via 9-1-1). Upon arrival, firefighters observed heavy smoke and flames coming from the Delta side of the structure. Suppression crews preformed an interior attack from the driveway to the main entrance. Suppression efforts were successful. Forcible entry was not needed. There is access to the backyard next to the garage. The house was occupied at the time of the fire. The occupant was inside at the time of the fire. The occupant was notified by a neighbor of the fire to the rear of the structure. Heavy fire, smoke, and smoke staining damage were observed throughout the structure. No injuries were reported as a result of this fire loss. My assessment of the origin and cause of this fire is based on the analysis of physical evidence, the assessment of reported information, and the evaluation of all possible causes. NOTIFICATION / ON-SCENE / DEPARTED SCENE On May 3rd, 2014 at approximately 1155, I was notified via cell phone by Capt. Dean. We discussed the investigation. It was decided we would do a Task-Force callout. ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 2 of 11 SCENE MANAGEMENT Investigation Personnel Scott Woodfin – Lead Investigator Capt. Rich Dean PAFD John Parks PAFD BC Dennis Johnsen Santa Clara County FD Matt Gundersen Mountain View FD Barbara Maxwell ATF Capt. Mark Shah PAFD Shelia Donovan PAFD Alexander Hermann PAFD Preliminary Fire Loss Estimate Unknown AREA OF FIRE ORIGIN Waiting on Supplemental report POINT OF FIRE ORIGIN Waiting on Supplemental report STATEMENT FROM (Layla Benest) Waiting on Supplemental report ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 3 of 11 Photo log ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 4 of 11 ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 5 of 11 ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 6 of 11 ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 7 of 11 ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 8 of 11 ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 9 of 11 ATTACHMENT A PALO ALTO FIRE DEPARTMENT FIRE INVESTIGATION REPORT Incident No.: 1230010 Page 10 of 11 My assessment of this case is based on the analysis of physical evidence, the assessment of reported information, and the evaluation of all possible causes. My file will close pending further investigation/ research/ testing with this report. Please feel free to contact me on any points needing further clarification. CASE STATUS Open Closed Suspended ___________________________ Scott Woodfin Fire Investigator ATTACHMENT A ATTACHMENT B City of Palo Alto (ID # 6367) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Council Priority: Land Use and Transportation Planning Summary Title: Contract Amendments and BAO for Airport FY 2016 CIP Title: Approval of Amendment Number 1 to C & S Engineers, Inc. Contract Number C151555208A to Include Required Federal Contract Provisions and to Increase the Contract by $650,000 for a Total Not-to-Exceed Amount of $900,000 for Professional Engineering and Design Services; Approval of Amendment Number 1 to Mead & Hunt, Inc. Contract Number C151555208B to Include Federal Contract Provisions; and Adoption a Budget Amendment Ordinance to Close the Airfield Electrical Evaluation/Study Project (AP-16001) and Reduce the Anticipated Federal Aviation Administration (FAA) Reimbursement in the Amount of $90,000 and Restore Available Project Budget of $123,415 to the Airport Enterprise Fund; and Establish the Airport Perimeter Fencing Project (AP-16003) in the Amount of $179,838 and Increase the Anticipated FAA Reimbursement in the Amount of $161,854; and Increase the Ending Fund Balance in the Airport Enterprise Fund by $15,431 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve Amendment No. One to C & S Engineers, Inc. Contract C151555208A (Attachment A) to include required federal contract provisions and to increase the contract by $650,000 for a total not-to- exceed amount of $900,000 for engineering and design services related to Capital Improvement Program projects; City of Palo Alto Page 2 2. Approve Amendment No. One to Mead & Hunt, Inc., Contract C151555208B (Attachment B) to include required federal contract provisions; and 3. Adopt a Budget Amendment Ordinance to close the Airfield Electrical Evaluation/Study project [AP-16001 for $123,415 with anticipated Federal Aviation Administration (FAA) reimbursement of $90,000], establish the Airport Perimeter Fencing project [AP-16003 for $179,838 with anticipated FAA reimbursement of $161,854], and increase the Ending Fund Balance in the Airport Enterprise Fund by $15,431 (Attachment C); Executive Summary Since the transfer of the Palo Alto Airport (PAO) in August 2014, the City of Palo Alto (City) has been working with the Federal Aviation Administration (FAA) to rehabilitate and update the airport to current FAA standards. The Airport Enterprise Fund was created and requires temporary monetary assistance from the General Fund to fund capital improvement projects (CIPs) and provide operational support for PAO. Repayment of loans to the General Fund will begin in 2017. Currently, the airport is attempting to accomplish two CIPs with FAA grant assistance in which the FAA will fund 90% of the total costs of the project. The first project needed will provide the City with a design of the apron (Apron Design – Phase 1A), correcting the many deficiencies identified by the City. This project is identified and budgeted as the Airport CIP AP-16000 and an FAA grant in the amount of $509,585 awarded to the City. The second project needed involves replacing airport perimeter fencing and gates to prevent unauthorized access to the airport runway, past occurrences having led to disruptions to landings and takeoffs. This perimeter fencing project is being driven by new initiatives to enhance runway safety at all airports in the nation as identified in the FAA National Runway Safety Report dated June 2015 (Attachment D). The airport was contacted by the FAA in June 2015, and asked to provide mitigation measures to address the problem (Attachment E). If the airport does not address these safety projects first, it may jeopardize future grant funding for needed projects at PAO. A list projects for Airport Capital Improvement Program 2017- 2021 (Attachment F) was submitted to the FAA ADO on November 5, 2015. Background City of Palo Alto Page 3 Prior to the transfer of the Palo Alto Airport (PAO) in 2014, staff analyzed the state of PAO and provided recommendations for important safety-related maintenance and modernization projects needed to upgrade the PAO to a modern operational condition. (See CMR:431:08) The PAO has 180,000 annual operations, serves as a General Aviation Reliever Airport for three primary Bay Area airports and is identified as an important airport in the National Plan of Integrated Airport System (NPIAS). Airports in the NPIAS qualify for FAA grant money for eligible projects under the Airport Improvement Program (AIP), capital improvements necessary for continued safe and efficient operation of an airport. Participants that accept grant money are required, by law, to meet grant assurances. The FAA is the national regulatory authority for civil aviation in the US and its mission is to provide the safest, most efficient aerospace system in the world. Since Fiscal Year 2011, the General Fund has loaned the PAO almost $2.0 million dollars to support operations and provide seed funding for capital improvement projects. Below is a breakdown of loans by fiscal year. It is anticipated that the Airport will begin to repay the General Fund loans beginning in Fiscal Year 2017. Fiscal Year Loan Amount 2011 $300,000 2013 $310,000 2014 $325,000 2015 $760,000 2016 $304,150 TOTAL $1,999,150 Contracts On October 27, 2014, Council approved two contracts, each in an amount not to exceed $250,000 and for terms of five years for on-call consulting services: 1) Contract C151555208A with C & S Engineers, Inc. (Attachment G); and 2) Contract C151555208B with Mead & Hunt, Inc. (Attachment H). The contracts provide for a variety of design, construction administration, environmental studies and other planning functions required for FAA Airport Capital Improvement Program projects (CIPs). On-call consultant services that are compliant with FAA requirements are eligible for 90% FAA reimbursement of the City of Palo Alto Page 4 contract amount. When these contracts were entered into, the required federal contract language was inadvertently omitted. Capital Improvement The FAA’s high priority on standard Runway Safety Areas (RSA) and user concerns about deteriorating conditions of the airfield prompted a pavement inspection of the entire airport apron in September 2013. This inspection resulted in an estimate of more than $8M being needed to rehabilitate the apron pavement. In 2014, staff prepared and submitted an Airport Capital Improvement Plan (ACIP) to the FAA, addressing these immediate rehabilitation needs and FAA airport design standards. On August 20, 2015, staff and the City’s consultant (C&S Engineers, Inc.) met with the FAA to discuss the ACIP and prioritize projects in the FAA’s 5-Year ACIP. On September 9, 2015, the City Manager executed a grant agreement in the amount of $509,585 for “Wildlife Hazard Assessment; and Phase 1 – Design Rehabilitate Apron”, AIP Project No. 3-06-0182-010-2015 with the FAA. To receive a grant for Fiscal Year 2017, the design of the apron project must be completed by September 2016. With the last congressional mandate to complete all RSA projects for primary airports by 2015, the FAA launched a new national initiative to address one of its top safety priorities, runway incursions, which are trespasses of the runway that lead to disruptions of takeoffs and/or landings. This past summer, two areas of the PAO were identified as “hotspots,” landing PAO on the list of airports needing to immediately address Runway Incursion Mitigation (RIM) measures identified by the FAA Regional Office of Runway Safety. The RIM program identifies airport risk factors that may contribute to a runway incursion and develops strategies to help mitigate those risks. The existing perimeter fence at PAO is too low to adequately provide perimeter security and has gaps and inoperable access gates that are beyond their useful and serviceable life. In a meeting on September 28, 2015, the local FAA Airport District Office (ADO) strongly supported the mitigation measures offered by staff, replacing existing fencing, gates and pedestrian entrances. The FAA suggested that it could fund 90% of the design and construction of this high priority RIM project if the City could prefund the design and environmental review before Spring 2016. City of Palo Alto Page 5 Grants Prior to 2007, users of the PAO approached the City demanding return of operational control to the City and for the City to complete needed infrastructure improvements. In 2007, Council directed staff to pursue options for early termination of the PAO 50-year lease with the County of Santa Clara, which was set to expire in 2017. On December 6, 2010, Council established the Airport Enterprise Fund to provide for the transition of airport operations. To implement the safety enhancements, rehabilitation and infrastructure needs, assistance from available grant programs was to be sought. On June 29, 2015, Council authorized the City Manager to apply for and execute future grant agreements offered by the FAA and California Department of Transportation (DOT) for improvements at the airport, enabling staff to respond within the rigid deadlines set by these granting agencies. (Staff Report #5890). Resolution No. 9533 authorizes the City Manager to execute grant agreements offered by the FAA. Council authorized similar agreements with the FAA prior to the airport transfer, successfully securing federal funding for improvements. The FAA makes airport improvement grants available to local airport sponsors for 90% of the total costs of eligible projects and, when applicable, the California DOT will match 2.5% of the federal share. In receiving grant funds from the FAA, the City agrees to the conditions governing the use of grant funds and operates the airport in compliance with FAA requirements. In 2014, the City was included in the DOT’s biannual CIP and will be eligible for the 2.5% match the next funding cycle. Additionally, the City submitted a grant application to the FAA for the Apron Design – Phase 1A and it included an electrical study. Although it was applied for, the FAA did not award grant funds for an electrical study in Phase 1A of the Apron Design. In a September 28, 2015 meeting with the FAA and airport staff, the FAA acknowledged the need for an electrical study and indicated that the City should reapply for a grant to include it in the apron project as Phase 1B. The electrical study will be incorporated in the next cycle of grant funds, requiring another grant to be filed (Phase 1B), which would cover the additional apron design work and electrical study. Phase 1B is currently estimated to be $484,979 and a FAA grant is expected in Fiscal Year 2017. City of Palo Alto Page 6 Discussion Contracts Contract Amendment No. 1 with C&S Engineers, Inc. adds the required federal contract language inadvertently omitted from the original contract and increases the contract amount $650,000 for the design and environmental review costs for the apron and perimeter fencing projects. Likewise, Contract Amendment No. 1 with Mead & Hunt, Inc. adds the required federal contract language inadvertently omitted from the original contract. Both consulting firms agreed to the terms of the contract during the procurement process. Capital Improvement The proposed perimeter fencing project addresses the unauthorized access to restricted aircraft movement areas. The fencing foot print will remain the same but the height will be raised to eight feet in accordance with the FAA’s recommendation for maintaining airport security. By participating in the RIM program, the City is reducing the possibility of unauthorized access to the airfield, rendering the airport safer. Grants When awarding grants, the FAA and DOT require the City to execute and return agreements within strict timelines, sometimes within days of receiving the offer. To ensure the City is able to accept and maximize grants, staff recommends Council authorize the City Manager or his designee to execute applications for and acceptance of future airport maintenance and improvement grant agreements for existing infrastructure at the PAO from the FAA and DOT. Resource Impact A Budget Amendment Ordinance (BAO) is needed to close the Airfield Electrical Evaluation/Study (AP-16001) project in addition to establishing the Airport Perimeter Fencing (AP-16003) project. The Airfield Electrical Evaluation/Study has a Fiscal Year 2016 budget of $123,415 offset by a $90,000 grant reimbursement from the FAA. The total net cost of the project to the Airport Enterprise Fund was $33,415 and, to date, no funds have been spent by the City or received from the FAA. The new Airport Perimeter Fencing (AP-16003) design work is estimated at $179,838 of which 90%, or $161,854, will be reimbursed by the FAA. The remaining $17,984 will be funded with Airport Enterprise Fund reserves. Therefore, the closing of the Airfield Electrical Evaluation/Study (AP-16001) City of Palo Alto Page 7 project and the establishment of the Airport Perimeter Fencing (AP-16003) project, will result in an increase of $15,431 in the fund balance. As previously mentioned, Phase 1B of the Apron Reconstruction (AP-16000) project will include the electrical evaluation which is necessary to complete the Apron design. The City will reapply for a grant for Phase 1B. The engineer’s estimate for this portion is $484,979. Environmental Review Based on FAA direction, C&S Engineers, Inc. was tasked to prepare documentation necessary to comply with National Environmental Policy Act (NEPA) requirements for the proposed airport perimeter fence replacement at the PAO. As a project that involves only the replacement of an existing structure it qualifies under a categorical exclusion (CATEX). In support of the NEPA documentation, a biological constraints evaluation was recently prepared that evaluated potential impacts of the proposed project on biological resources. The evaluation recommended a number of steps during construction that the City should undertake to reduce impacts associated with constructing the perimeter fence. This information, along with additional information relative to other environmental resources, will be included in the CATEX report that will be submitted to the FAA for review and possible approval by the end of December 2015. The apron rehabilitation project has already received an environmental approval from the FAA. However, it has been requested that the previous CATEX report be revised to include electrical improvements that were not included in the original report. Under California Environmental Quality Act (CEQA) guidelines, both the proposed airport perimeter fencing replacement and apron rehabilitation projects qualify under “Categorical Exemption 15302. Replacement or Reconstruction.” A CEQA Notice of Exemption will be filed prior to project construction. Policy Implications These CIP projects are consistent with two of City Council’s 2015 priorities: 1) Comprehensive planning and action on land use and transportation; and 2) Infrastructure Strategy and Funding. Attachments: Attachment A: C&S Engineers Inc.'s Amendment No. One (PDF) Attachment B: Mead & Hunt, Inc.'s Amendment No. One (PDF) Attachment C: Budget Amendment Ordinance (DOCX) City of Palo Alto Page 8 Attachment D: FAA National Runway Safety Report dated June 2015 (PDF) Attachment E: FAA ADO RIM Letter to City Received June 2015 (PDF) Attachment F: Palo Alto Airport Complete ACIP 2017-2021 (PDF) Attachment G: C&S Engineers, Inc. Contract C151555208A (PDF) Attachment H: Mead and Hunt, Inc. Contract C151555208B (PDF) 1 Revision December 3, 2015 AMENDMENT NO. ONE TO CONTRACT NO. C15155208A BETWEEN THE CITY OF PALO ALTO AND C & S ENGINEERS, INC. This Amendment No. One to Contract No. C15155208A (“Contract”) is entered into December 14, 2015, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and C & S ENGINEEERS, INC., a New York corporation, located at 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212 (“CONSULTANT”). R E C I T A L S: WHEREAS, the Contract was entered into between the parties for the provision of on-call engineering services including planning, design engineering, environmental analyses, grant management and construction management; WHEREAS, the parties wish to amend the Contract to increase the funding to cover additional anticipated task orders and to include provisions mandated by the Federal Aviation Administration (“FAA”); and NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 4. NOT TO EXCEED COMPENSATION is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services as amended above, including payment for professional services, shall not exceed Nine Hundred Thousand ($900,000.00).” SECTION 2. Section 19 of the Contract is hereby amended to read as follows: SECTION 19. TERMINATION OF CONTRACT (2 CFR § 200 Appendix II (B)). 19.1. CITY may, by written notice, suspend or terminate this Agreement, in whole or in part, at any time, either for CITY’s convenience or because of failure to fulfill the Agreement obligations by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, services must be immediately discontinued (unless the notice dictates otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to CITY. 19.2. If the termination is for the convenience of the CITY, an equitable adjustment in the Agreement price will be made, but no amount will be allowed for anticipated profit on unperformed services. ATTACHMENT A 2 Revision December 3, 2015 19.3 CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4 If the termination is due to failure to fulfill CONSULTANT’s obligations, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. CITY may take over the work and prosecute the same to completion by contract or otherwise. In such case the CONSULTANT is liable to the CITY for any additional cost occasioned to the CITY thereby. 19.5 If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the CONSULTANT had not so failed, the termination will be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the Agreement price will be made as provided in paragraph 19.2. 19.6 The rights and remedies of the CITY provided in this section 19 are in addition to any other rights and remedies provided by law or under this Agreement. 19.7. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 3. Sections 26 through 39 are hereby added to the Contract to read as follows: SECTION 26. ACCESS TO RECORDS AND REPORTS (2 CFR §§ 200.326 & 200.333). CONSULTANT must maintain an acceptable cost accounting system. CONSULTANT agrees to provide CITY, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of CONSULTANT, which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. CONSULTANT agrees to maintain all books, records and reports required under this Agreement for a period of not less than three (3) years after final payment is made and all pending matters are closed. SECTION 27. BREACH OF CONTRACT TERMS (2 CFR § 200 Appendix II(A)). Any violation or breach of terms of this Agreement on the part of CONSULTANT or its subconsultants or subcontractors may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the parties of this Agreement. The duties and obligations imposed by the Agreement’s documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 3 Revision December 3, 2015 SECTION 28. BUY AMERICA PREFERENCE (49 USC § 50101). CONSULTANT agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the Federal Aviation Administration Nationwide Buy American Waivers Issued list. SECTION 29. CIVIL RIGHTS - GENERAL (49 USC § 47123). CONSULTANT agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds CONSULTANT from the Request for Qualifications solicitation period through the completion of the Agreement. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates CONSULTANT for the period during which Federal assistance is extended to the Palo Alto Airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by CITY or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which CITY or any transferee retains ownership or possession of the property. SECTION 30. TITLE VI ASSURANCES. 30.1 Compliance with Nondiscrimination Requirements. During the performance of this Agreement, CONSULTANT, for itself, its assignees, and successors in interest (hereinafter included in the term CONSULTANT) agrees, as follows: (a) Compliance with Regulations: CONSULTANT will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (b) Non-discrimination: CONSULTANT, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. CONSULTANT will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 4 Revision December 3, 2015 (c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by CONSULTANT for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by CONSULTANT of CONSULTANT’s obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. (d) Information and Reports: CONSULTANT will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by CITY or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish the information, CONSULTANT will so certify to CITY or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the non-discrimination provisions of this Agreement, CITY will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1. Withholding payments to CONSULTANT under the Agreement until CONSULTANT complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. (f) Incorporation of Provisions: CONSULTANT will include the provisions of paragraphs 30.1(a) through 30.1(f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. CONSULTANT will take action with respect to any subcontract or procurement as CITY or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if CONSULTANT becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, CONSULTANT may request CITY to enter into any litigation to protect the interests of CITY. In addition, CONSULTANT may request the United States to enter into the litigation to protect the interests of the United States. 30.2 Title VI List of Pertinent Nondiscrimination Authorities. During the performance of this Agreement, CONSULTANT, for itself, its assignees, and successors in interest (hereinafter included in the term CONSULTANT) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); (b) 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); 5 Revision December 3, 2015 (c) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); (f) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); (g) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); (h) Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; (i) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); (j) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; (k) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (“LEP”). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); (l) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). SECTION 31. CLEAN AIR AND WATER POLLUTION CONTROL (49 CFR § 18.36(i)(12). CONSULTANT and subconsultants agree: 31.1. That any facility to be used in the performance of the Agreement or subcontract or to benefit from the Agreement is not listed on the Environmental Protection Agency (“EPA”) List of Violating Facilities; 6 Revision December 3, 2015 31.2 To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 31.3. That, as a condition for the award of this Agreement, CONSULTANT or subcontractor will notify the awarding official of the receipt of any communication from the EPA, indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; and 31.4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. SECTION 32. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (2 CFR § 200 Appendix II(E)). 32.1. Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement’s work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 32.2 Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 32.1 above, CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 32.1 above. 32.3 Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 32.2 above. 7 Revision December 3, 2015 32.4 Subcontractors. CONSULTANT shall insert in any subcontracts the clauses set forth in paragraphs 32.1 through 32.4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. CONSULTANT shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 32.1 through 32.4 of this section. SECTION 33. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (2 CFR Part 180 (Subpart C); 2 CFR Part 1200; DOT Order 4200.5). 33.1. Certificate Regarding Debarment and Suspension (Bidder or Offeror). By submitting a Statement of Qualifications (”SOQ”) under CITY’s Request for Qualifications solicitation, CONSULTANT certified that at the time it submitted its SOQ that neither it nor its principals were presently debarred or suspended by any Federal department or agency from participation in this transaction. 33.2 Certification Regarding Debarment and Suspension (Successful Bidder Regarding Lower Tier Participants). CONSULTANT, as the successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the Project is not presently debarred or otherwise disqualified from participation in this federally assisted project. CONSULTANT will accomplish this by: (a) Checking the System for Award Management at website: http://www.sam.gov. (b) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. (c) Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the Federal Aviation Administration may pursue any available remedy, including suspension and debarment. SECTION 34. DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 26). 34.1 Contract Assurance (§ 26.13). CONSULTANT or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 34.1 Prompt Payment (§ 26.29). CONSULTANT agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than {specify number} days from the receipt of each payment CONSULTANT receives from {Name of recipient}. CONSULTANT agrees further to return retainage payments to each subcontractor within {specify the same number as above} days after the subcontractor's work is satisfactorily completed. Any delay 8 Revision December 3, 2015 or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the {Name of Recipient}. This clause applies to both DBE and non- DBE subcontractors. SECTION 35. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (29 USC § 201, et seq.). All contracts and subcontracts that result from the RFQ solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. CONSULTANT has full responsibility to monitor compliance to the referenced statute or regulation. CONSULTANT must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U.S. Department of Labor – Wage and Hour Division SECTION 36. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (40 CFR Part 20, Appendix A). CONSULTANT certified by signing and submitting its SOQ, to the best of its knowledge and belief, that: 36.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 36.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. These certifications are material representations of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION 37. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (20 CFR Part 1910). All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. CONSULTANT has full responsibility to monitor compliance to the referenced statute or regulation. CONSULTANT 9 Revision December 3, 2015 must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 (20 CFR Part 1910) U.S. Department of Labor – Occupational Safety and Health Administration SECTION 38. RIGHTS TO INVENTIONS (2 CFR § 200 Appendix II (F)). All rights to inventions and materials generated under this Agreement are subject to requirements and regulations issued by the Federal Aviation Administration and CITY of the Federal grant under which this Agreement is executed. SECTION 39. TRADE RESTRICTION (49 CFR Part 30). CONSULTANT or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: 39.1 Is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (“USTR”); 39.2 Has not knowingly entered into any contract or subcontract for this Project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 39.3 Has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If CONSULTANT knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through CITY cancellation of the Agreement at no cost to the Federal Government. Further, CONSULTANT agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. CONSULTANT may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. CONSULTANT shall provide immediate written notice to CITY if CONSULTANT learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to CONSULTANT if at any time it learns that its certification was erroneous by reason of changed circumstances. 10 Revision December 3, 2015 This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that CONSULTANT or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through CITY cancellation of the Agreement or subcontract for default at no cost to the Federal Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. SECTION 4. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: _____________________________ City Attorney C & S ENGINEERS, INC. By:___________________________ Name:_________________________ Title:________________________ 1 Revision December 3, 2015 AMENDMENT NO. ONE TO CONTRACT NO. C15155208B BETWEEN THE CITY OF PALO ALTO AND MEAD & HUNT, INC. This Amendment No. One to Contract No. C15155208B (“Contract”) is entered into December 14, 2015, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MEAD & HUNT, INC., a California corporation, located at 133 Aviation Boulevard, Suite 100, Santa Rosa, California 95403 (“CONSULTANT”). R E C I T A L S WHEREAS, the Contract was entered into between the parties for the provision of on-call engineering services including planning, design engineering, environmental analyses, grant management and construction management; WHEREAS, the parties wish to amend the Contract to include provisions mandated by the Federal Aviation Administration (“FAA”); and NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 19 of the Contract is hereby amended to read as follows: SECTION 19. TERMINATION OF CONTRACT (2 CFR § 200 Appendix II (B)). 19.1 CITY may, by written notice, suspend or terminate this Agreement, in whole or in part, at any time, either for CITY’s convenience or because of failure to fulfill the Agreement obligations by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, services must be immediately discontinued (unless the notice dictates otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to CITY. 19.2 If the termination is for the convenience of the CITY, an equitable adjustment in the Agreement price will be made, but no amount will be allowed for anticipated profit on unperformed services. 19.3 CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. ATTACHMENT B 2 Revision December 3, 2015 19.4 If the termination is due to failure to fulfill CONSULTANT’s obligations, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. CITY may take over the work and prosecute the same to completion by contract or otherwise. In such case the CONSULTANT is liable to the CITY for any additional cost occasioned to the CITY thereby. 19.5 If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the CONSULTANT had not so failed, the termination will be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the Agreement price will be made as provided in paragraph 19.2. 19.6 The rights and remedies of the CITY provided in this section 19 are in addition to any other rights and remedies provided by law or under this Agreement. 19.7. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 2. Sections 26 through 39 are hereby added to the Contract to read as follows: SECTION 26. ACCESS TO RECORDS AND REPORTS (2 CFR §§ 200.326 & 200.333). CONSULTANT must maintain an acceptable cost accounting system. CONSULTANT agrees to provide CITY, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of CONSULTANT, which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. CONSULTANT agrees to maintain all books, records and reports required under this Agreement for a period of not less than three (3) years after final payment is made and all pending matters are closed. SECTION 27. BREACH OF CONTRACT TERMS (2 CFR § 200 Appendix II(A)). Any violation or breach of terms of this Agreement on the part of CONSULTANT or its subconsultants or subcontractors may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the parties of this Agreement. The duties and obligations imposed by the Agreement’s documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. SECTION 28. BUY AMERICA PREFERENCE (49 USC § 50101). CONSULTANT agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the Federal Aviation Administration Nationwide Buy American Waivers Issued list. 3 Revision December 3, 2015 SECTION 29. CIVIL RIGHTS - GENERAL (49 USC § 47123). CONSULTANT agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds CONSULTANT from the Request for Qualifications solicitation period through the completion of the Agreement. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates CONSULTANT for the period during which Federal assistance is extended to the Palo Alto Airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by CITY or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which CITY or any transferee retains ownership or possession of the property. SECTION 30. TITLE VI ASSURANCES. 30.1 Compliance with Nondiscrimination Requirements. During the performance of this Agreement, CONSULTANT, for itself, its assignees, and successors in interest (hereinafter included in the term CONSULTANT) agrees, as follows: (a) Compliance with Regulations: CONSULTANT will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (b) Non-discrimination: CONSULTANT, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. CONSULTANT will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. (c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by CONSULTANT for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by CONSULTANT of CONSULTANT’s obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 4 Revision December 3, 2015 (d) Information and Reports: CONSULTANT will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by CITY or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish the information, CONSULTANT will so certify to CITY or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the non-discrimination provisions of this Agreement, CITY will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1. Withholding payments to CONSULTANT under the Agreement until CONSULTANT complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. (f) Incorporation of Provisions: CONSULTANT will include the provisions of paragraphs 30.1(a) through 30.1(f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. CONSULTANT will take action with respect to any subcontract or procurement as CITY or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if CONSULTANT becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, CONSULTANT may request CITY to enter into any litigation to protect the interests of CITY. In addition, CONSULTANT may request the United States to enter into the litigation to protect the interests of the United States. 30.2 Title VI List of Pertinent Nondiscrimination Authorities. During the performance of this Agreement, CONSULTANT, for itself, its assignees, and successors in interest (hereinafter included in the term CONSULTANT) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); (b) 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); (c) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5 Revision December 3, 2015 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); (f) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); (g) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); (h) Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; (i) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); (j) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; (k) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (“LEP”). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); (l) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). SECTION 31. CLEAN AIR AND WATER POLLUTION CONTROL (49 CFR § 18.36(i)(12). CONSULTANT and subconsultants agree: 31.1 That any facility to be used in the performance of the Agreement or subcontract or to benefit from the Agreement is not listed on the Environmental Protection Agency (“EPA”) List of Violating Facilities; 31.2 To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 6 Revision December 3, 2015 31.3 That, as a condition for the award of this Agreement, CONSULTANT or subcontractor will notify the awarding official of the receipt of any communication from the EPA, indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; and 31.4 To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. SECTION 32. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (2 CFR § 200 Appendix II(E)). 32.1 Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement’s work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 32.2 Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 32.1 above, CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 32.1 above. 32.3 Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 32.2 above. 32.4 Subcontractors. CONSULTANT shall insert in any subcontracts the clauses set forth in paragraphs 32.1 through 32.4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. CONSULTANT shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 32.1 through 32.4 of this section. 7 Revision December 3, 2015 SECTION 33. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (2 CFR Part 180 (Subpart C); 2 CFR Part 1200; DOT Order 4200.5). 33.1 Certificate Regarding Debarment and Suspension (Bidder or Offeror). By submitting a Statement of Qualifications (”SOQ”) under CITY’s Request for Qualifications solicitation, CONSULTANT certified that at the time it submitted its SOQ that neither it nor its principals were presently debarred or suspended by any Federal department or agency from participation in this transaction. 33.2 Certification Regarding Debarment and Suspension (Successful Bidder Regarding Lower Tier Participants). CONSULTANT, as the successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the Project is not presently debarred or otherwise disqualified from participation in this federally assisted project. CONSULTANT will accomplish this by: (a) Checking the System for Award Management at website: http://www.sam.gov. (b) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. (c) Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the Federal Aviation Administration may pursue any available remedy, including suspension and debarment. SECTION 34. DISADVANTAGED BUSINESS ENTERPRISE (49 CFR Part 26). 34.1 Contract Assurance (§ 26.13). CONSULTANT or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 34.1 Prompt Payment (§ 26.29). CONSULTANT agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than {specify number} days from the receipt of each payment CONSULTANT receives from {Name of recipient}. CONSULTANT agrees further to return retainage payments to each subcontractor within {specify the same number as above} days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the {Name of Recipient}. This clause applies to both DBE and non- DBE subcontractors. 8 Revision December 3, 2015 SECTION 35. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (29 USC § 201, et seq.). All contracts and subcontracts that result from the RFQ solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. CONSULTANT has full responsibility to monitor compliance to the referenced statute or regulation. CONSULTANT must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U.S. Department of Labor – Wage and Hour Division SECTION 36. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (40 CFR Part 20, Appendix A). CONSULTANT certified by signing and submitting its SOQ, to the best of its knowledge and belief, that: 36.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 36.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. These certifications are material representations of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION 37. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (20 CFR Part 1910). All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. CONSULTANT has full responsibility to monitor compliance to the referenced statute or regulation. CONSULTANT must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. 9 Revision December 3, 2015 Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 (20 CFR Part 1910) U.S. Department of Labor – Occupational Safety and Health Administration SECTION 38. RIGHTS TO INVENTIONS (2 CFR § 200 Appendix II (F)). All rights to inventions and materials generated under this Agreement are subject to requirements and regulations issued by the Federal Aviation Administration and CITY of the Federal grant under which this Agreement is executed. SECTION 39. TRADE RESTRICTION (49 CFR Part 30)). CONSULTANT or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: 39.1 Is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (“USTR”); 39.2 Has not knowingly entered into any contract or subcontract for this Project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 39.3 Has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If CONSULTANT knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through CITY cancellation of the Agreement at no cost to the Federal Government. Further, CONSULTANT agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. CONSULTANT may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. CONSULTANT shall provide immediate written notice to CITY if CONSULTANT learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to CONSULTANT if at any time it learns that its certification was erroneous by reason of changed circumstances. 10 Revision December 3, 2015 This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that CONSULTANT or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through CITY cancellation of the Agreement or subcontract for default at no cost to the Federal Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: _____________________________ City Attorney MEAD & HUNT, INC. By:___________________________ Name:_________________________ Title:________________________ 1 6367/mb Revised December 14, 2015 Ordinance No. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2016 IN THE AIRPORT ENTERPRISE FUND TO CLOSE THE AIRFIELD ELECTRICAL EVALUATION/STUDY (AP-16001) AND REDUCE THE ANTICIPATED FEDERAL AVIATION ADMIINSTRATION REIMBURSEMENT IN THE AMOUNT OF $90,000 AND RESTORE AVAILABLE PROJECT BUDGET OF $123,415 TO THE AIRPORT ENTERPRISE FUND; AND ESTABLISH THE AIRPORT PERIMETER FENCING PROJECT (AP- 16003) IN THE AMOUNT OF $179,838 AND INCREASE THE ANTICIPATED FEDEREAL AVIATION ADMINISTRATION REIMBURSEMENT IN THE AMOUNT OF $161,854; AND INCREASE THE ENDING FUND BALANCE IN THE AIRPORT ENTERPRISE FUND BY $15,431 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for fiscal year 2016; and B. On August 11, 2014, the City completed the transfer of sponsorship, operation and management of the Palo Alto Airport from the County of Santa Clara, allowing for the City to qualify for federal funding for repairs and upgrades to the Palo Alto Airport; and C. At the recommendation of Federal Aviation Administration, the design work related to the City of Palo Alto FY 2016-2020 Capital Improvement Plan (CIP) Airfield Electrical Evaluation/Study (AP-16001) will be included with Airport Apron Reconstruction (AP-16000) project; and D. The Federal Aviation Administration (FAA) has mandated airports to improve Runway Incursion Mitigation (RIM) efforts to identify risk factors that might contribute to a runway incursion. At the recommendation of the FAA, the prefunding of design work related to perimeter fencing, the expenses incurred will be immediately eligible for 90% reimbursement; and D. Because no project currently exists in the Airport’s CIP for perimeter fencing and runway incursion mitigation efforts, the Airport Perimeter Fencing (AP-16003) project is established to monitor revenues and expenses related to this effort. The cost of the perimeter fencing design work is estimated at $179,838 of which the FAA will reimburse 90%, or $161,854 with the difference of $17,984 to be funded with available fund balance in the Airport Fund.; and 2 6367/mb Revised December 14, 2015 F. The project cost of the Airfield Electrical Evaluation/Study (AP-16001) in the amount of $123,415 was offset by an FAA reimbursement of $90,000, for a total net cost to the Airport Fund of $33,415. SECTION 2. Therefore, project AP-16001 is hereby closed and the sum of One Hundred Twenty Three Thousand Four Hundred Fifteen ($123,415) is restored to the Airport Fund’s ending fund balance. SECTION 3. Therefore, the sum of One Hundred Seventy Nine Thousand Eight Hundred Thirty Eight ($179,838) is hereby appropriated to AP-16003 for design work related to Airport Perimeter Fencing, offset by grant revenue in the amount of One Hundred Sixty One Thousand Eight Hundred Fifty Four ($161,854). SECTION 4. Therefore, the ending fund balance in the Airport Fund is increased by Fifteen Thousand Four Hundred Thirty One ($15,431). SECTION 5. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 6. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 7. In January 2016, the FAA will review a Categorical Exclusion (CATEX) for design of the Airport’s apron as it relates to the National Environmental Policy Act (NEPA). This proposed Apron rehabilitation and perimeter fencing projects are considered as repairs to existing facilities and is categorically exempt from the California Environmental Quality Act (CEQA) section 15301 guidelines. // // // // // // // // // // // // // // // // // 3 6367/mb Revised December 14, 2015 // // // INTRODUCED AND PASSED: Enter Date Here AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Administrative Services ____________________________ Director of Public Works ATO Safety and Technical Training National Runway Safety Report 2013 – 2014 June 2015 http://www.faa.gov/go/nrsp/ s n t e o n t C 6 Overview 8 Key Accomplishments 9 1.0 Runway Safety Moving Forward 11 2.0 Runway Safety Governance 11 2.1 National Governance Council 12 2.2 Regional Governance Council 12 2.3 Runway Safety Council 13 2.4 Surface Safety Initiatives Team 14 2.5 Airport Construction Advisory Council 15 2.6 Air Traffic Safety Action Program 18 2.7 Partnership for Safety 19 2.8 The Commercial Aviation Safety Team 19 2.9 International Leadership in Runway Safety 20 2.9.1 International Civil Aviation Organization Panels 21 2.9.2 CAST/ICAO Common Taxonomy Team 21 2.9.3 Civil Air Navigation Services Organization 22 3.0 Collect 23 3.1 Runway Incursions 23 3.1.1 What is a Runway Incursion? 23 3.1.2 Runway Incursion Classifications 23 3.1.3 Data Trends 26 3.2 Runway Excursions 26 3.3 Runway Excursion Classifications 27 3.4 Runway Excursion Data 27 3.5 Other Events 29 4.0 Find 30 4.1 Risk Assessment Initiatives 30 4.2 Surface Risk Analysis Process 31 4.3 Runway Incursion Assessment Team 31 4.4 Runway Safety Action Team Programs 31 4.4.1 Runway Safety Action Team 32 4.4.2 Regional and Special Focus Runway Safety Action Teams 32 4.4.3 Local Runway Safety Action Teams 32 4.4.4 Local Runway Safety Action Team Toolkit 32 4.5 Air Traffic Organization Quality Programs 33 4.6 Air Traffic Common Taxonomy Version 3 33 4.7 The ATO Top 5 33 4.8 Runway Incursion Mitigation Program 35 5.0 Fix 35 5.1 Converging Runway Operations 37 5.2 Training 37 5.2.1 Airport Recurrent Driver Training 37 5.2.2 Air Traffic Controller Training 39 5.2.3 Pilot Training and Outreach 39 5.2.4 AOPA Online Training 39 5.3 The National Runway Safety Plan, 2015-2017 40 5.4 Air Traffic Control Procedures 40 5.4.1 People and Equipment in the Runway Safety Area 40 5.4.2 Approach Hold Procedures 40 5.5 Runway Safety Focus Airport Program 40 5.5.1 Program Overview 40 5.5.2 Airport Assessment 41 5.6 Runway Safety Program Accomplishments 41 5.6.1 Eastern Service Area 42 5.6.2 Central Service Area 44 5.6.3 Western Service Area 44 5.7 Runway Safety Tracking System 45 5.8 Runway Safety Areas 45 5.9 Hot Spots 45 5.10 Safety Alerts for Operators 45 5.11 Wildlife Hazards 47 5.12 Aviation Safety Standdown 47 5.13 Safety Technology Initiatives 47 5.13.1 Engineered Materials Arresting System 48 5.13.2 Airport Signs, Marking, and Lighting 48 5.13.3 Research and Emerging Technologies 48 5.13.4 NextGen and Runway Safety 49 5.13.5 Improved Runway Safety Situational Awareness for Pilots and Controllers 49 5.13.6 Improved Runway Safety Situational Awareness for Controllers 49 5.13.7 Improved Runway Safety Situational Awareness for Pilots 49 5.13.8 Runway Status Lights 50 5.13.9 Integrated Safety Assessment Model 51 5.13.10 Surface Navigation for Aviation Professionals 51 5.14 Runway Safety Outreach & Multimedia 51 5.14.1 Outreach 51 5.14.2 Runway Safety Sourcebook 51 5.14.3 Runway Safety Mobile – Runway Excursions 52 5.14.4 Runway Safety Challenge 52 5.14.5 FAA Design Competitions for Universities 2014-2016 55 Appendix A: ATSAP Accomplishments 59 Appendix B: Acronyms 63 Appendix C: Runway Incursions by Airport A Note from the Administrator Michael P. Huerta Administrator, Federal Aviation Administration Our success reinforces the Federal Aviation Administration’s (FAA) mission to maintain its global leadership in the operation of safe and efficient air navigation services, while continuously striving to reach the next level of aviation safety and efficiency. Runway safety is one of the FAA’s highest priorities. This National Runway Safety Report 2013-2014 highlights our runway safety initiatives and the improvement of surface environments since 2012, demonstrating how we use safety management principles to produce comprehensive corrective actions in response to the increasing com- plexity of today’s aerospace system. In this report, we also analyze our progress and establish current runway safe- ty priorities across the agency, as well as indicate innovative programs and techniques implemented for runway safety in efforts to reduce the rate and severity of incidents within the surface environment. The FAA is able to develop corrective actions based on data collected from its Safety Management System (SMS). Applying the proactive SMS method, we collect valuable safety data from a number of sources, such as automated traffic data gathering tools and voluntary safety reports, to identify emerging risks. We then find potential safety hazards and assess the risks in a data-driven process that helps identify root causes and precursor events that lead to accidents. By putting in place corrective actions and robust monitoring plans, we have the ability to fix the problem. The COLLECT-FIND-FIX strategy is embedded in the FAA SMS, and ensures that our actions focus on the highest priorities and most cost effective initiatives. Perhaps the most significant solution in runway safety in the last ten years was completed in 2014 when new re- quirements and tools were developed for non-intersecting Converging Runway Operations (CRO) — a conflict that arises when an arriving aircraft is forced to do a go-around while another aircraft is simultaneously departing on a runway that has a converging flight path. Through data analysis, listening to user concerns and consulting with industry partners, the FAA developed a solution that mitigates the risk of loss of separation while also providing air traffic controllers with tools that maintain operational efficiency. The U.S. air traffic system is experiencing the safest period in its history to date, boasting the safest and most efficient airspace in the world. With the recent introduction of an enhanced tool for risk assessment called Surface Risk Analysis Process (S-RAP), the FAA hopes to establish a baseline by the end of FY2016, allowing the agency to analyze two years’ worth of data. This tool includes all surface losses of separation, not just runway incursions (RI), and has the ability to exam- ine surface incidents that would not have been analyzed under the previous assessment method. In collaboration with stakeholders, the Runway Safety Group (RSG) is currently reviewing the results of the S-RAP demonstration and developing a surface safety performance metric action plan. Thanks to the SMS, data collected from automated systems and mandatory and voluntary reporting efforts has uncovered more potential safety hazards. For example, the reported number of less serious RIs has risen since 2007. With the implementation of the SMS and an improved reporting culture, the total number of reported RIs increased in FY2012. The FAA is taking full advantage of this new data to provide a clearer picture of safety risks in the aerospace system. In a collaborative approach, the FAA works with industry partners to develop and deploy safety solutions that ben- efit both stakeholders and the flying public. For example, the FAA worked with the MITRE Corporation to produce a prototype mobile device application that tracks movements on the airfield and alerts pilots when approaching the runway environment. After testing the idea with pilots, the FAA and MITRE decided to make the software available to commercial vendors. The FAA will continue to manage safety using a proactive, data-driven, risk-based approach, and focus on im- provements in runway safety alongside other system components. The FAA must continue to support a com- prehensive safety culture and understand the critical role of the SMS in the agency’s systematic approach to continuous safety improvement. Michael P. Huerta, Administrator Overview The FAA is responsible for the safest, most complex air traffic system in the world. Runways signal the be- ginning and end of that system for all passengers. Yet the surface environment at the airport is one of the most challenging, with multiple moving parts and overlapping jurisdictions. FAA employees manage this dynamic environment using procedures, technology and communication to safely and expeditiously orchestrate thousands of take-offs and landings every day. Meanwhile, the FAA col- lects data on the runway environment through electronic systems and reporting programs as a primary step in its runway safety program. Air- ports in the U.S. with air traffic control services are required to report any incident that occurs on the surface of a runway environment, runway safety area (RSA) or on any other airport movement area. The FAA Air Traffic Organization’s (ATO’s) RSG, acts as the steward of the FAA’s Runway Safety Program by working with other FAA organizations, the aviation community and industry groups to improve safety. Much of the work of improving runway safety is done through internal and ex- ternal governance structures to ensure that broad perspectives and the best expertise remains an integral piece of the program. The challenges of advancing runway safety in the future with the introduction of NextGen technologies and increasing complexity is addressed in Section 1. Section 2 contains a listing of all industry, internal and international organizations that contribute to the FAA mission of runway safety. These groups help FAA develop and execute a strategic plan for runway safety. Voluntary safety reporting pro- grams for pilots and air traffic con- trollers are providing insight into the reasons why the incidents oc- cur. The FAA reviews all of these incidents and analyzes the most significant events — employing the model of COLLECT-FIND-FIX. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 6 1 FAA JO 7210.632, ATO Occurrence Reporting; FAA JO 7210.633, ATO Quality Assurance Program; FAA JO 7210.634, ATO Quality Control; and FAA JO 7200.20, Voluntary Safety Reporting Programs 0 100 200 300 400 500 600 700 800 A B C D Severity Classification: ADOPTION OF ICAO REPORTING INCREASEDREPORTING 200 0 200 1 200 2 200 3 200 4 200 5 200 6 200 7 200 8 200 9 201 0 201 1 201 2 201 3 201 4 In 2012, the FAA introduced new mandatory safety report- ing orders which allow the agency to collect more data than ever before.1 As a result, incident reporting increased, and data from FY2013 – FY2014 reflects the impact of these new orders (Figure 1). The FAA also uses voluntary safety reporting programs for pilots, air traffic controllers and oth- ers as another source for valuable data and insight into the reasons why the incidents occur. Data collection accom- plishments and activities for FY2013 – FY2014 are includ- ed in Section 3, COLLECT. More data improves the FAA’s ability to FIND, understand and analyze safety problems in the National Airspace System (NAS). This process often uses safety risk management (SRM) tools to understand the haz- ard and assess the associated risks. Activities and accom- plishments for identifying and analyzing safety problems are included in Section 4, FIND. Finally, the ultimate objec- tive of the Runway Safety Program is to FIX safety prob- lems before an incident or accident occurs. Activities and accomplishments that resolve or fix aviation safety issues are included in Section 5, FIX. The COLLECT-FIND-FIX strategy is called “proactive safety management.” It provides a tactical safety approach to ev- eryday activities for the entire agency. The FAA collects data through reports and automated systems, compiles the data, analyzes it, finds hazards and then takes steps to fix them proactively and collaboratively, with the involvement of the stakeholders who operate the NAS. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 7 Figure 1. Reported Runway Incursions: 2000-2014 Key Accomplishments in FY2013 – FY2014 ESTABLISHED new requirements for conducting CRO, procedures for alternating runway configurations at 137 airports, and, at 24 high-priority airports, adopted and implemented Arrival Departure Window (ADW), a site-specific air traffic control decision-support tool. INTRODUCED new mandatory safety management process and guidance. ACHIEVED 44 percent reduction in the number of serious RIs since 2008, after the reporting requirements changed to the International Civil Aviation Organization (ICAO) standard. IMPLEMENTED local safety councils (LSCs) at every FAA facility through FAA Order JO 7200.21 (3/5/13), Partnership for Safety (PFS) Program, which defined policy and procedures to facilitate the identification and mitigation of hazards at the local level. COMPLETED in-depth analyses of 48 RI events with the industry. The Root Cause Analysis Team (RCAT) then forwarded 114 recommendations to the Runway Safety Council (RSC). COMPLETED initial deployment of the Runway Excursion Database. BEGAN USING the S-RAP tool for risk assessment. COMPLETED RSA improvements for 51 runways in FY2013 and FY2014, leaving only 39 more in 2015 to meet agency goals. COMPLETED Engineered Materials Arresting System (EMAS) installations in Memphis, TN, Burke Lakefront in Cleveland, OH, San Francisco, CA, T.F. Green in Providence, RI and Addison, TX. INCORPORATED an RI prevention tool for general aviation (GA) aircraft into the ForeFlight Mobile application. COMPLETED runway status light (RWSL) installations at Orlando (MCO), Washington Dulles (IAD), Phoenix (PHX), Houston (IAH), Seattle (SEA), Las Vegas (LAS) and Charlotte (CLT). CREATED graphical depictions of airport construction via the Notices to Airmen (NOTAM) system at: https://nfdc.faa.gov/xwiki/bin/view/NFDC/ Construction+Notices. The Airport Construction Advisory Council (ACAC) communicated over 3,000 construction diagrams to stakeholders in 2013 and 2014. DEVELOPED remedial training requirements for pilots who contribute to RIs. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 8 1.0 Runway Safety Moving Forward Today’s aerospace enterprise is complex and tech- nically demanding. The impact of evolving technol- ogy, rising traffic volumes and the implementation of the Next Generation Air Transportation System (NextGen) create an environment where assump- tions must be continually tested and validated in order to maintain safety risks at acceptable levels. To address these challenges, the FAA is committed to building upon the ability of the FAA SMS to iden- tify the issues, use multiple data streams to analyze the issues, and then devise corrective actions that are measured and monitored. The FAA is consolidating its move towards a corporate management ap- proach to maintain safety at the nation’s airports. Safety is everyone’s business, and multiple stakeholders come together on the runways. By developing a corporate approach, the FAA is pooling together agen- cy-wide coordination, budgets and resources to prioritize and identify NAS-wide risk reduction runway safety initiatives. In addition, the RSG is aligning the program with the shared services model employed by the ATO. This will allow the RSG to maximize its present resources by equita- bly distributing roles and responsibilities across the NAS. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 9 Safety management requires examining the system as a whole and understanding the safety implications of the inter- actions of all parts and subsystems. Previous runway safety reports primarily emphasized a single outcome – the RI. How- ever, a systems approach to safety recognizes that any unde- sirable operational state or safety event can produce multiple outcomes. Maintaining safety on the nation’s runways re- quires an integrated, risk-driven approach. As part of proactive safety management, the FAA will explore new risk-based operational metrics that support the identifi- cation of hazards that interact with real, potential and emerg- ing risks among system components. Operational upsets, safety incidents and accidents are each preceded by condi- tions and events that contribute to the specific event. Future efforts will recognize and address these events and condi- tions as upstream precursors. In turn, each precursor event may well prompt a new set of metrics to track and measure. Developing a corporate approach to surface safety that em- braces the concept of using multiple sources of data from operators, airlines and regulators to identify an expanding number of upstream precursors to events is a critical step towards a proactive and predictive SMS. In addition to being data-driven, runway safety management also relies on out- reach activities to “Make Aviation Safer and Smarter.” It will enable a system-wide increase in safety and efficiency and will redefine our safety oversight model. The FAA continues to support SMS rollout within the industry, including the de- velopment of new surveillance and oversight models. Finally, we sponsor outreach to facilitate the sharing and use of best practices and lessons learned among, and outside, aviation industry segments. The FAA continues to work with airports and others to build relationships that will create an environment of successful cooperation and trust in order to make lasting changes. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 10 2.0 Runway Safety Governance Virtually all safety programs require wide coordi- nation among operational units. The FAA has de- termined that risk management initiatives are most effective when fully integrated into the operation and aggressively managed by the FAA’s operating units. The FAA manages runway safety by leverag- ing a team within ATO’s Safety and Technical Train- ing. Using this team as the steward of its Runway Safety Program, the FAA has established gover- nance organizations that integrate the broad per- spective of users and aviation professionals. They provide direction for runway safety research, haz- ard assessment and the development and deploy- ment of control measures. 2.1 National Governance Council The National Governance Council was established by the FAA in May 2012 to aid the development of regional and local accountability. The ATO Vice President for Safety and Technical Training and the Regional Administrators meet quarterly to conduct a program review to ensure that all FAA organizations have effective programs to address identified runway safety deficiencies. The National Governance Council facilitates the exchange of runway safety data and trends and promotes an under- standing of the integrated safety picture across the ATO, Flight Standards and Office of Airports leadership. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 11 The purpose of this council is to: • Ensure regional initiatives and actions are being accom- plished in the appropriate manner and timeframe • Provide regional oversight to RIs • Promote collaboration and enhanced communication among members • Provide a forum by which appropriately-designated issues may be elevated for national review, as necessary ACCOMPLISHMENTS Established National Governance Council Initiated national review of airports to determine special emphasis airports in each region; Section 5.6 Developed an Executive Outreach Sourcebook This forum allows Regional Administrators to highlight par- ticular runway safety concerns. Some trends elevated to the National Governance Council during FY2013 – FY2014 include taxiing on runways and the need for clarification around the definition of an RSA. The need to do more with runway excur- sions (REs) was also elevated at this forum and the Runway Excursion Database was created in FY2013. Additionally, the Runway Safety Sourcebook was created to leverage other FAA outreach activities and ensure that runway safety is ad- dressed at every opportunity. The National Governance Council advances corporate solu- tions to address safety at regional airports and focus on those airports with the highest number of incidents. The development of the Runway Safety Focus Airport Program later in 2014 was based on the application of risk-based deci- sion-making to runway safety. Specific accomplishments that came about because of this enhanced national focus are list- ed in Section 5.6, Runway Safety Program Accomplishments. ACCOMPLISHMENTS Taxiing on runways; Section 5.10 RSA clarification; Section 5.8 Created the Runway Excursion Database; Section 3.3 2.2 Regional Governance Council Each FAA Regional Administrator established a Regional Governance Council whose members include the Local Run- way Safety Program Manager, an Airports Division Manager, a Flight Standards Division Manager and the ATO Director of Air Traffic Operations. The intent of the Regional Council is to ensure regional initiatives and actions are accomplished in the appropriate manner and timeframe. The Regional Governance Council identifies certain airports as special emphasis airports or airports designated to receive a Regional Runway Safety Action Team (RRSAT) meeting. The effectiveness of this process has been illustrated through necessary changes to airport geometry identified and accomplished at many airports including North Las Vegas Airport (VGT), Evansville Airport (EVV) and John F. Kennedy Airport (JFK). Procedural changes have reduced RIs at airports such as Deer Valley (DVT), Seattle Tacoma International (SEA) and Honolulu International (HNL). Seeing safety improve- ments as a result of this type of heightened focus further supported the creation of the National Runway Safety Focus Airport Program discussed in Section 5.5. ACCOMPLISHMENTS Initiated changes to airport geometry at North Las Vegas Airport (VGT), Evansville Airport (EVV) and John F. Kennedy Airport (JFK) 2.3 Runway Safety Council (RSC) The RSC was established in 2008 by the FAA Administrator following the Call to Action for Runway Safety. The RSC is a joint effort between the FAA and industry that uses a risk- based systems approach to provide effective solutions to reduce risk during surface operations. The RSC identified a goal to reduce serious (Category A and B) RIs by 25 percent in five years. That goal was met in 2013. The council includes officials from the: • FAA • National Air Traffic Controllers Association (NATCA) • Professional Aviation Safety Specialists • Air Line Pilots Association (ALPA) • Airlines for America Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 12 • American Association of Airport Executives (AAAE) • Airports Council International – North America • Aircraft Owners and Pilots Association (AOPA) • National Association of Flight Instructors • National Business Aviation Association (NBAA) • Regional Airline Association ACCOMPLISHMENT Reduced serious RIs by 44 percent since 2008 Figure 2. RSC Goals and A & B Runway Incursions The RSC chartered the RCAT to investigate and analyze se- vere RIs and determine root causes. The team is made up of technical representatives from the RSC member orga- nizations. The team reviews data and information from all aspects of an event with a “systems” perspective to identify root causes. Information related to pilots, controllers, driv- ers and/or pedestrians, as well as weather, airport geometry, procedures, training and construction may be factors in an event. After the root causes are identified, the RCAT devel- ops recommendations to the RSC for potential mitigations to improve runway safety. If the recommendations are accept- ed by the RSC, the council assigns actions to the FAA and/or the industry group best able to address the identified root causes and reduce the risk of RIs. The council tracks actions to make sure progress is made. In FY2013 and FY2014, the RCAT analyzed 36 RI events and made recommendations to the RSC. As a result, 57 actions were assigned to various council members. Forty-four of those actions have been completed. All assigned action items are monitored and tracked in the Runway Safety Tracking Sys- tem (RSTS). Some of the recommendations in the implemen- tation and monitoring phases include: • Controller training related to tower scanning, distractions, hearback and readback of clearances, high energy runway crossings and using runways as taxiways • Revision of the Pilot Handbook of Aeronautical Knowledge to add an appendix on RI avoidance, updates to the writ- ten and practical test standards for all pilot certificates, as well as designated pilot examiner (DPE) training and flight school requirements • Identification of memory aids as a common root cause across several events, resulting in the issue being included as part of the 2015 ATO Top 5 list 30 25 20 15 10 5 0 200 8 200 9 201 0 201 1 201 2 201 3 25 12 6 7 18 11 GOAL ACTUALREDUCTION GOAL ACTUALREDUCTION 201 4 14 RSC GOAL: REDUCE SERIOUS (A & B) RIs BY 25% ACTUAL REDUCTION 2008–2014: 44%ACCOMPLISHMENTS Analysis of 36 RI events 57 recommendations for the RSC 44 recommendations completed Controller training developed Revision of the Pilot Handbook of Aeronautical Knowledge Identification of memory aids as hazards Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 13 2.4 Surface Safety Initiatives Team (SSIT) SSIT is a cross-functional group of FAA stakeholders that are assigned to resolve known or anticipated surface safe- ty related issues. The team meets bi-weekly and is led by co-chairs from the Office of Airports and ATO Safety and Technical Training. SSIT includes representatives from NAT- CA, NextGen, ATO Program Management Organization, ATO Systems Operations Services, ATO Mission Support, Aviation Safety, the Administrator for Policy International Affairs and Environment and the Office of Environment and Energy. In March 2014, SSIT completed a project plan that included safety reviews and recommendations by the Comprehensive Airport Review and Assessment (CARA) teams regarding ten U.S. airports. The plan consisted of a safety assessment to identify and prioritize operational shortfalls at each airport, based on local needs and options for addressing shortfalls. An Alternatives Analysis and Benefits Case Team (AAT) de- veloped a concept of operations, program requirements, alternatives analysis, and benefits cases for site specific solu- tions (both business and technical), based on identified op- erational shortfalls and priorities. ACCOMPLISHMENTS SSIT Project Plan developed Comprehensive Airport Review Plans (CARPs) completed for four airports: Boston (BOS), Dallas Fort-Worth (DFW), San Diego (SAN) and Reno (RNO) Originally, SSIT focused their efforts on airports that had been candidates for the installation of RWSL or had bene- fited from research into low-cost ground surveillance. Four airports, Boston (BOS), Dallas Fort-Worth (DFW), San Diego (SAN) and Reno (RNO), elected to participate in the SSIT pro- cess. All four airports have completed their CARPs. The AAT is underway for BOS, and the remaining three airports’ AATs are planned. It is anticipated that the support teams will complete the assessments, alternatives analysis and bene- fits cases for these airports by October 2015, as projected in the project plan. ACTIVITY AAT underway for BOS 2.5 Airport Construction Advisory Council Construction on an airport, particularly within the move- ment area, creates a number of challenges. Taxiways are blocked. Runways close or are partially closed. Takeoff and landing distances change dramatically. Taxi routes change abruptly and unexpectedly. Recognizing the risks associated with these hazards, the FAA created the ACAC in April 2010. The ACAC was tasked with ensuring safety during airport construction activities. The ACAC consists of FAA and U.S. aviation industry pro- fessionals with diverse backgrounds and experience. It has grown to 15 core and associate members strategically po- sitioned across the U.S. Members include various FAA lines of business, NATCA, ALPA, AOPA, NBAA and the Airline Dis- patchers Federation. Figure 3. Construction Notice Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 14 The ACAC takes a multifaceted approach to mitigating the hazards associated with airport construction. Efforts target operations on runways shortened due to construction and situations where the combination of aircraft, construction vehicles, workers, broken pavement and other activities can create significant risk. Working with subject matter experts in the U.S. aviation industry, ICAO, and domestic and inter- national aviation labor and professional organizations, the ACAC has developed a portfolio of initiatives designed to ensure that safety is maintained during airport construction: • Improved the visibility and accurate posting of nationwide capacity limits imposed by construction • Collaborated with the Terminal Simulation System Program Office to ensure that visual database changes are available to support airport configuration changes following construction • Amended the Air Traffic Controller Handbook to clarify phraseology and to eliminate the term “full length” from clearances and add “shortened” to clearances when a run- way’s length is different than published • Revised the Automatic Terminal Information Service (ATIS) processes to engage the council in the formulation and pri- oritization of ATIS messages • Developed a runway construction safety website, a compi- lation of best practices and a runway construction checklist (www.faa.gov/go/runwayconstruction) • Improved the construction checklist • Created graphical depictions of airport construction via the NOTAM system (https://nfdc.faa.gov/xwiki/bin/view/NFDC/ Construction+Notices). The ACAC communicated over 3,000 construction diagrams to stakeholders in 2013 and 2014 • Provided assistance to international stakeholders in revising pol- icy necessary to improve safety during periods of construction • Developed orange construction signs (Section 5.13.2) • Clarified the differences between a displaced threshold and a relocated threshold ACCOMPLISHMENT Air Traffic Control Handbook amendment to clarify phraseology and to eliminate the term “full length” from clearances and add “shortened” to clearances when a runway’s length is different than published 2.6 Air Traffic Safety Action Program ATO’s Voluntary Safety Reporting Programs are modeled after the very successful Aviation Safety Action Programs (ASAPs) used in the aviation industry. Over 69 aviation com- panies have operating ASAP programs. ASAP can be traced back to the early 1970s and a voluntary safety reporting program at United Airlines. These programs use employee input to identify significant safety concerns and issues, oper- ational deficiencies, non-compliance with regulations, devi- ations from company policies and procedures, and unusual safety events. Voluntary safety reporting programs are part of a positive, vibrant safety culture. The Air Traffic Safety Action Program (ATSAP) is a non-pu- nitive program designed to encourage transparency in the realm of air traffic. The intent is to identify and report all events that may or did lead to a breakdown in safety or in- crease risk to air traffic operations. As part of our overall safety goals, ATSAP has established a sys- tem for controllers and other employees to voluntarily identify and report safety and operational concerns. The collected in- formation is reviewed and analyzed to facilitate early detec- tion and improved awareness of operational deficiencies and adverse trends. The information specified in employee reports is used to identify the root causes and determine appropriate remedial actions which are then monitored for effectiveness. This process promotes collaboration between employee work- groups and management for the early identification of hazards and to maintain a proactive approach regarding safety con- cerns and corrective action recommendations. The ATSAP Event Review Committee (ERC) is comprised of representatives from NATCA, the ATO and Air Traffic Safety Oversight. The ERC reviews all reports filed in ATSAP and through consensus makes determinations on the appropri- ate next steps to take. In an effort to gain the big picture of risk in the system from a pilot and controller perspective, in 2010 the FAA launched the Confidential Information Share Program (CISP). The CISP is a product of ATSAP, allowing air traffic controllers’ confi- dential reports to be shared with an airline’s ASAP, and pi- lots’ reports from our participating airline partners to be shared with ATSAP. The following are examples of runway safety enhance- ments brought to light thanks to voluntary safety report- ing. A list of runway safety improvements discovered and mitigated in collaboration with the ATSAP program is in- cluded in Appendix A. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 15 ACCOMPLISHMENT: RUNWAY SAFETY AREA CLARIFICATION ISSUE: ATSAP reports often describe events involving vehi- cles operating within, or in close proximity to, an RSA. Many of these reports indicate that the controllers and/or vehicle operators are unaware of the RSA boundaries, do not un- derstand the other’s responsibilities, or do not adequately communicate expectations. This confusion often involves whether or not the vehicles or personnel are authorized to be in or near the safety area; whether or not the runway should be closed or the controller should issue advisories; what type of aircraft can land when equipment such as mowers are operating near the runway within the RSA; or when aircraft should be “sent around” because of vehicles or personnel in the RSA. RESOLUTION: A Mandatory Briefing Item (MBI) was drafted to identify ATC responsibilities when authorizing workers/ equipment in RSAs. FAA JO 7110.65 (1/8/15) was amended to include language from the MBI. The Office of Airports met with Air Traffic Services and agreed that ATMs must enter into a Letter of Agreement (LOA) with the airport authority in regards to how workers and equipment would be allowed to enter into the RSA. An SRM panel took place on December 3, 2014 to determine if hazards may be associated with the LOAs. From the panel meeting, the Office of Airports agreed to work with Technical Operations and Air Traffic Services to develop a template that would be used for the LOAs. ACTIVITY Clarification and procedures for applying separation to a clear runway ACCOMPLISHMENT: BOSTON TRACON NOTAM COORDINATION ISSUE: Since May 2007, there were concerns relating to proper and complete coordination of airport opening, air- port closing, runway opening and runway closing NOTAMs information between Lockheed Martin Automated Flight Service Station (AFSS) facilities and ATO field facilities. The required NOTAM coordination was not being disseminat- ed to the Boston TRACON (A90). The NOTAM coordination between Lockheed Martin and ATO field facilities had been a long running issue with many attempts at correcting the problem. The failed/missing coordination introduced addi- tional risk into the NAS. RESOLUTION: Lockheed Martin personnel were trained on the correct interpretation of requirements, and the Flight Service Program Office will conduct periodic inspections to monitor compliance. ACCOMPLISHMENT: O’HARE INTERNATIONAL AIRPORT RUNWAY NOTAM CLOSED ISSUE: Difficulty locating relevant NOTAMs on airport con- struction led to a hazardous situation at Chicago O’Hare Inter- national Airport (ORD). The runway length was shortened due to construction and pilots did not have accurate information on the usable runway length due to controller difficulty in locating NOTAMs. The significantly increased amount of NO- TAMs at any airport undergoing runway or taxiway construc- tion makes it difficult for controllers and crews to effectively read the notices and increases the likelihood of missing im- portant information. The inability to sort the NOTAMs based on priority enhances the possibility of missing important in- formation. The meaning of clearance “full-length” varies be- tween crews and controllers. RESOLUTION: Controllers were provided the capability to sort NOTAMs more easily. Aeronautical Information Manu- al (AIM) modernization includes digital NOTAMs which will provide even greater capabilities. The NOTAM site is in place at ORD and called “NOTAM Manager.” No other issues are related to this specific Corrective Action Request (CAR), but the ACAC is working on national issues to preclude future events elsewhere. ACCOMPLISHMENT: ALBUQUERQUE INTERNATIONAL SUNPORT WAIVER APPROVAL ISSUE: At Albuquerque International Sunport (ABQ), the close proximity of Runways 8/26 and 12/30 creates a com- plex and confusing taxi/takeoff environment where aircraft commonly line up and attempt to depart on the wrong run- way or associated taxiways. Controllers are often the last barrier that can prevent an aircraft from lining up on the wrong runway. The ERC identified the risk of wrong runway and taxiway departures, in addition to potential RIs. RESOLUTION: ABQ Airport Traffic Control Tower (ATCT) re- ceived a waiver approval from Terminal Safety and Opera- tions Support to use Line Up and Wait (LUAW) operations between sunset and sunrise without the restrictions out- lined in FAA JO 7210.3 (1/8/15). The waiver request and sub- sequent approval was not to increase capacity or expedite departures, but an effort to improve the overall safety of the operation at ABQ. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 16 ACCOMPLISHMENT: PRECISION RUNWAY MONITORING (PRM) ELECTRONIC SCAN (E-SCAN) SCOPES AT ATLANTA ISSUE: The Eastern ERC received a number of reports from Atlanta TRACON (A80) regarding frequent failures of their Electronic Scan (E-SCAN) Precision Runway Monitoring (PRM) scopes. These scopes are critical components in con- ducting simultaneous approaches to Atlanta Hartsfield Air- port’s (ATL) parallel runways. RESOLUTION: The committee decided to resolve the issue by obtaining serial numbers from the scopes, maintaining a serial number log, and recording screen details on the scope’s console when any display freezes. The facility is pro- viding Technical Operations with the details and logs, and established a system of moving faulty consoles into mainte- nance and replacing them with functional spares. ACCOMPLISHMENT: ORLANDO SANFORD INTERNATIONAL AIRPORT STANDARD TERMINAL AUTOMATION REPLACEMENT SYSTEM (STARS) MAP UPDATED ISSUE: A submitter reported that the STARS map was not updated accordingly when one of the Orlando Sanford Inter- national Airport (SFB) runways was extended by 1,400 ft. This poses a hazard because controllers trust that the data provid- ed on the radar displays is accurate. Controller vectors and de- cisions are based on an aircraft’s position relative to the run- way. Inaccurate runway depiction on the controller’s scope could result in an aircraft put at risk or a loss of separation. RESOLUTION: The SFB STARS map was updated depicting the new runway length. ACCOMPLISHMENT: RONALD REAGAN WASHINGTON NATIONAL AIRPORT NOTAM ISSUE: Due to Ronald Reagan Washington National Airport (DCA) NOTAM confusion, pilots were unexpectedly and in- correctly faced with shortened runways in December 2013. RESOLUTION: CISP received an informal request from Piedmont Airlines ERC regarding confusing NOTAMs on shortened runways at DCA. CISP contacted a DCA NATCA representative and a DCA support specialist who discovered incorrect NOTAMS and worked with Metropolitan Washing- ton Airports Authority to cancel the misleading NOTAMs. ACCOMPLISHMENT: PALM BEACH INTERNATIONAL AIRPORT RADIO TRANSMISSIONS ISSUE: A submitter from Palm Beach International Airport (PBI) reported that while pilots were holding in position awaiting takeoff clearance on Runway 28R, they were un- able to hear transmissions from Local Control on frequency 119.1. The same-runway operations between departures and arrivals were used on PBI Runway 28R. The inability to com- municate properly and efficiently with departures sharing a runway with arrivals will lead to unexpected go-arounds or other undesired outcomes. RESOLUTION: Frequency 119.1 was removed from service until the antenna was relocated on March 21, 2014. No issues have been reported since the antenna relocation. ACCOMPLISHMENT: SEATTLE-TACOMA INTERNATIONAL AIRPORT WAKE TURBULENCE SEPARATION ISSUE: Seattle-Tacoma International Airport (SEA) has three parallel runways: 16/34 R/L/C. 16L/C are separated by less than 2,500 feet; 16L/R are separated by more than 2,500 feet. The thresholds for the 16 runways are even, and the thresholds for the 34s are staggered. There was frequent confusion about how to apply wake turbulence separation properly when a heavy aircraft executes a missed approach and overflies the threshold. Confusion over loss of separa- tion standards could lead to a loss of safety margins. RESOLUTION: The facility decided the correct separation should be two minutes for the appropriate departure ra- dar separation. A Comprehensive Electronic Data Analysis and Report (CEDAR) briefing has already been distributed. Briefings were completed in February 2014. Additionally, up- dates were included in the local tower training materials so that trainees understand the separation standards. ACCOMPLISHMENT: JACKSON HOLE AIRPORT CLEARANCE DELIVERY ISSUE: At Jackson Hole Airport (JAC), clearance delivery is provided by Jackson tower with a release provided by Salt Lake ARTCC (ZLC). In the LOA between ZLC and JAC tower, JAC tower must assign a runway appropriate Stan- dard Instrument Departure (SID) to all departures. JAC tower generally clears aircraft via the SID then “as filed.” On some occasions, the SID does not intersect/join with the “as filed” portion of the route. It is sometimes unclear what route the aircraft will fly. An unsafe situation could arise if the aircraft were to lose radio communication. To Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 17 complicate matters further, one particular departure pro- cedure depicts routing which is rarely flown and confus- ing to pilots and controllers. RESOLUTION: Multiple Adapted Departure Route (ADR)/ Adapted Departure and Arrival Routes (ADARs) were pub- lished for JAC. These ADR/ADARs eliminated confusion be- tween the tower and the sector. ACCOMPLISHMENT: SAFETY ALERT LOS ANGELES INTERNATIONAL AIRPORT ISSUE: When the Western Service Area ERC became aware of taxiway construction at Los Angeles International Airport (LAX) that confused pilots, they suggested that LAX facil- ity leadership contact the FAA’s CISP and ask them to use their resources to alert pilots to the construction project and some of the hazards that are often encountered. RESOLUTION: The CISP team sent an alert in August 2014 (Figure 4) to LAX and all participating airlines to bring the hazards to their attention. The reaction from the pilot com- munity was swift and positive. 2.7 Partnership for Safety (PFS) Program PFS is a critical component of the ATO’s SMS. It provides a bridge between the frontline employees and safety-critical data and analytic capabilities. Their mission is to facilitate the identification of risk through the use of collaborative LSCs comprised of employees and managers at facilities in the NAS. The goal is to empower frontline workers and air- port leadership to identify and manage safety issues at the local level and easily share their findings and knowledge with others. These LSCs are instrumental when it comes to quickly identifying and mitigating surface safety risks at FAA towered airports. PFS uses two primary tools to accomplish its mission: • The ATC InfoHub is an application that enhances knowledge sharing across users of the system; it allows users to input and share facility issues and solutions and lessons learned; LSCs can use the InfoHub to retrieve and upload information about the identification of local safety problems and actions taken to resolve them and employ these best practices in their facilities; currently, there are over 130 items published by 70 facilities in ATC InfoHub, including “Distractions in the Workplace” and “Opposite Direction Operations” • The Safety Data Portal is a tool that makes accumulated safety data from all parts of the agency available to the local workforce; it is a resource that offers timely, detailed and ac- curate information for users to leverage in visualizing trends and predicting risk; the Safety Data Portal makes safety for each facility available to the LSCs; all FAA air traffic facilities received LSC training during FY2014; the creation of the Safe- ty Data Portal helps LSCs identify safety trends at their facili- ties, make informed decisions on addressing issues identified by these trends, and collaboratively develop solutions to mit- igate and monitor recognized hazards in the NAS In March 2013, the FAA issued FAA Order JO 7200.21, PFS Pro- gram, defining the policy and procedures for the ATO PFS Program. It identifies the responsibilities of individuals and organizations including the requirements, expectations, and policy under which the program operates. By utilizing collaboration to foster a safety culture of mitigating risk, PFS proactively improves the future of flight safety. PFS’s newest initiative, Safety Awareness Discussions, was launched in March 2015, after a year of beta testing begin- ning March 2014. Every month, the PFS team provides a na- tional safety trends information package to air traffic man- agers. These packages are customized by the addition of facility-specific information from the LSC then briefed to all air traffic operation personnel. Figure 4. LAX Safety Alert Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 18 2.8 The Commercial Aviation Safety Team (CAST) As a member of CAST, the FAA is committed to developing mitigations for multiple aviation risks including issues asso- ciated with runway safety. CAST is a partnership between government and industry including the Department of Transportation, National Aeronautics and Space Adminis- tration (NASA), Transport Canada, the European Aviation Safety Agency, the Department of Defense, the Flight Safety Foundation, NATCA, ALPA, manufacturers, and regional, na- tional, and international airline associations. CAST utilizes a data-driven, risk-centric, consensus approach to identifying and resolving significant commercial aviation safety issues. The FAA has implemented several CAST safety enhance- ments, in collaboration with ICAO, regarding RI prevention. CAST was instrumental in helping the industry achieve a na- tional goal in 2008 of reducing the commercial aviation fa- tality rate by over 80 percent in a single decade. It continues with a goal of further reducing the U.S. commercial aviation fatality rate by 50 percent from 2010 to 2025. In support of this goal, the CAST Joint Safety Analysis and Implementa- tion Team has recently developed safety enhancement plans to reduce the risk of REs. For FY2014, CAST committed to implementing eight RE safe- ty enhancements. Some examples of the safety enhance- ments include, but are not limited to: • SE 215: To improve flight crew awareness of their landing dis- tance margin and the factors and variables that can affect it, flight crews should assess landing performance based on conditions actually existing at time of arrival • SE 218: To reduce landing overrun accidents, manufacturers should develop and implement on-board technologies to reduce or prevent landing overruns on new and existing air- plane designs, as applicable and feasible • SE 219: To reduce the risk of RE accidents, FAA ATO should de- velop or modify policies, procedures, and training related to the following factors that contribute to the risk of REs: –Airport arrival and departure configuration based on wind conditions –Wind reporting, measurement and use –Training of controllers on factors that contribute to the risk of RE, including wind conditions, runway conditions and unstable approaches • SE 220: To improve flight crew awareness of airplane position on the runway and distance remaining during takeoff roll and landing rollout. Airport operators should add, as feasi- ble, distance remaining signs on runways at Part 139 airports where Part 121 operations are conducted • SE 221: To reduce the consequence of RE events, airport op- erators and the Office of Airports should modify policies and procedures in regards to the following: –Improvement of RSAs, including but not limited to imple- mentation of EMAS, as appropriate –Improved communication between air traffic control, flight crews, and Aircraft Rescue and Fire Fighting (ARFF) personnel after occurrence of an RE event • SE 222: To outline research to be conducted by the aviation community (government, industry, and academia) to enable development, implementation and certification of on-board aircraft system technologies to assess airplane braking ac- tion and provide the data in real time to the pilot, other air- craft crews, air traffic controllers and the airport operators 2.9 International Leadership in Runway Safety The FAA contributes to multiple national and international initiatives aimed at improving aviation and runway safety. Each year, the FAA provides direct and indirect technical as- sistance and training to regulators and air navigation service providers in more than 100 countries, expanding the net- work of collaborative partners. Participation in international aviation standards-setting committees is one of the key activities through which the FAA provides significant leadership on the topic of runway safety-related issues. Entities such as the Radio Technical Commission for Aeronautics Inc. (RTCA), a federal adviso- ry committee to the FAA, manage several committees and working groups dedicated to developing consensus-based recommendations that become technical input for FAA standards. The Joint RTCA-European Organization for Civil Aviation Equipment special committee on terrain and air- port databases develops recommendations relevant to run- way safety topics such as user requirements for aerodrome mapping databases, user requirements for terrain and ob- stacle databases and terrain and aerodrome mapping data- base exchange standards. Runway safety issues are addressed within the context of the FAA’s overall direct collaboration with regulators such as the European Aviation Safety Authority and Transport Can- ada. Organizations such as the International Air Transport Association, Airports Council International, International Federation of ALPA and the Flight Safety Foundation also promote and support runway safety from their individual stakeholders’ perspective. The FAA maintains an engaged and collaborative relationship with these organizations as part of its overall international leadership efforts. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 19 Additionally, the FAA supported the United Nations World Food Program, briefed the 7th Annual Global Humanitarian Aviation Safety Conference and met with international ser- vice providers to the program to provide best practices for surface operations, and guidance on how to conduct run- way safety teams, as well as providing real world examples of surface hazards. 2.9.1 ICAO Panels The FAA participated in numerous ICAO panels during FY2013 – FY2014: • Member of the ICAO Runway Safety Partnership Program — The FAA and Programme Partners supported the ICAO Re- gional Runway Safety Seminars (RRSS), raising awareness and providing exposure to developing successful Runway Safety Teams; the RRSS effort concluded in 2014; The FAA also supported the ICAO/International Air Transportation As- sociation (IATA) Key Performance Indicator Working Group, which is developing global metrics, data sources, and ana- lytical goals in order to standardize data and facilitate global analytics; the group has agreed on standardized definitions and is integrating data • Supported ICAO RRSS in Dubai, Antigua and Turkey • Supported the development and execution of ICAO Runway Safety Go Team, the Runway Safety Team Handbook, and the Runway Safety iKit; the Runway Safety Go Team method- ology promotes the establishment of Runway Safety Teams at airports as an effective means to reduce runway related accidents and serious incidents • Developed training agreements and seminars to help in- ternational airports comply with ICAO certification and SMS requirements • Supported the Office of the Secretary of Transportation Safe Skies for Africa Office by co-leading a runway safety workshop in Johannesburg; this workshop provided detailed education on runway safety methods, tools and safety culture to regu- lators, policy makers, airport operators and airline operators • Supported ICAO Regional Action Safety Groups runway safe- ty initiatives globally through workgroup participation in the Latin America Region and conferences in the Middle East and Asia Pacific Regions Figure 5. RE Support Tool Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 20 • Member of the ICAO/IATA Key Performance Indicators Work- ing Group, which is working to standardize metrics and establish analytical methods internationally; this working group is developing global metrics, data sources and analyt- ical goals in order to standardize data and facilitate global analytics; the group has agreed on standardized definitions and is integrating data 2.9.2 CAST/ICAO Common Taxonomy Team International safety data-sharing efforts such as the CAST/ ICAO Common Taxonomy Team (CICTT) contribute to the FAA’s runway safety initiatives. CICTT includes experts from numerous areas, all tasked with developing common tax- onomies and definitions for aviation accident and incident reporting systems. Common taxonomies and definitions es- tablish an industry-standard language, thereby improving the quality of information and communication. This com- mon language greatly enhances the aviation community’s capacity to converse effectively on common safety issues. 2.9.3 Civil Air Navigation Services Organization The Civil Air Navigation Services Organization (CANSO) is the global voice of ATM worldwide. CANSO members support over 85 percent of world air traffic. Members share informa- tion and develop new policies, with the ultimate aim of im- proving air navigation services on the ground and in the air. The Safety Standing Committee (SSC) oversees CANSO’s safety program and aims to continually improve safety per- formance in ATM operations, further enhance safety man- agement and culture among CANSO members, and provide global leadership on safety management issues. CANSO’s safety program helps service providers improve safety through elements such as SMSs, best practices, and bench- marking. The FAA lends resources to the SSC and serves as program manager. During FY2013 – FY2014, the FAA promoted runway safety and safety management at meetings in the following cities: • Amman, Jordan: CANSO Middle East Regional Safety Semi- nar and Colombo, Sri Lanka: CANSO Regional Safety Semi- nar — Focused on the benefits of runway safety teams and the utilization of a new runway safety maturity survey which provides another tool for runway safety teams to not only identify areas of weakness but to help define their next steps toward maturing their runway safety program • Kampala, Uganda: CANSO Africa Safety Seminar — Focused on SRM; the seminar walked participants through the appli- cation of the SRM process on an identified high-risk runway hazard and the development of a safety analysis and moni- toring plan for mitigating the hazard • Muscat, Oman: ICAO Middle East Regional Action Safety Group — The FAA/CANSO participated in a session at the conference addressing REs; during this session, FAA/CANSO shared methods on how ATCs can help prevent REs; addition- ally, the FAA shared promotional material on avoiding REs; the material focused on both ATC and pilot perspectives In March 2014, the FAA partnered with CANSO and NATCA to release the REs Support Tool, a web tool featuring com- prehensive references and videos for pilots and air traffic controllers. The available materials constitute a collection of best practices and describe ways to contribute to safe oper- ations and reduce REs. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 21 3.0 Collect The runway safety governance groups described in Section 2.0 use the FAA’s SMS as a tool to help COLLECT information or data, FIND problems, and FIX them. Specifically, COLLECT refers to having a system in which we collect data from various sources. This section focuses on the data collected in 2013 and 2014. Constantly reducing the likelihood of airplanes colliding with obstruc- tions on and near airport runways — whether they are other aircraft, ve- hicles, individuals, or wildlife — is the primary objective of the FAA run- way safety initiative. Go to http://www.faa.gov/airports/runway_safety/ to see how the FAA examines and analyzes causal factors that contribute to risk and directs resources and develops safety programs accordingly. National efforts to promote runway safety focus on two types of safety events to understand safety trends and to improve safety performance: RIs and REs. Both types of events can lead to incidents, accidents, and serious air traffic service disruptions. The FAA uses SRM under FAA Order 8040.4A (4/30/12) to identify, quantify and mitigate the most significant risk factors for safety events in order to reach safety goals. By reducing the likelihood of contributing causal factors, we can continue to reduce the likelihood of dangerous events and system disruptions. With more comprehensive data, the FAA made substantive progress in identifying the factors that contribute to serious risk. These factors will help FAA address serious runway safety events. COLLECT FIND Report Digital IOIOIIOIOIIOIOI Compile IOIOIIOIOIIOIOI Analyze IOIOIIOIOIIOIOI Identify FIX Action Monitor Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 22 3.1 Runway Incursions (RIs) 3.1.1 What is an RI? According to the ICAO definition that FAA adopted in 2007, an RI is any occurrence at an aerodrome involving the incorrect presence of an aircraft, vehicle or person on the protected area of a surface designated for the landing and takeoff of aircraft. By adopting this new definition the FAA reclassified certain events that would have been determined to be “surface inci- dents” as RIs. One result of this reclassification was an increase in reported RIs (Figure 1). 3.1.2 RI Classifications RIs are classified by type, typically falling into one of three categories: Operational Incidents (OIs), Pilot Deviations (PDs), or Vehicle/Pedestrian Deviations (V/PDs). These classi- fications allow mitigation strategies to be developed by the appropriate FAA organization. Figure 6 below lists the types of surface events. Figure 6. Types of Surface Events Operational Incident A surface event attributed to ATC action or inaction. Pilot Deviation Action of a pilot that violates any federal aviation regulation. Example: A pilot crosses a runway without a clearance while en route to an airport gate. Vehicle/Pedestrian Deviations Any entry or movement on the movement area or safety area by a vehicle (including aircraft operated by a non-pilot or an aircraft being towed) or pedestrian that has not been authorized by ATC. RIs are further classified by severity as shown by Figure 7. RIs categorized as A or B requires agency and industry resources to analyze and identify causal and contributory factors sur- rounding the event. Runway safety results are then compiled within the Runway Incursion Statistical Database and posted on the FAA Aviation Safety Information Analysis and Sharing (ASIAS) website. Figure 7. RI Severity Rating A A serious incident in which a collision was narrowly avoided. B An incident in which separation decreased and there is a significant potential for collision, which may result in a time critical corrective/ evasive response to avoid a collision. C An incident characterized by ample time and/ or distance to avoid a collision. D Incident that meets the definition of RI, such as incorrect presence of a single vehicle/ person/aircraft on the protected area of a surface designated for the landing and take- off of aircraft but with no immediate safety consequences. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 23 3.1.3 Data Trends In FY2013, towered airports reported a total of 1,241 RIs, which is an increase of 91 RIs from FY2012. In FY2014, these airports reported a total of 1,264 RIs, an increase of 23 RIs from FY2013. The increase correlates to improvements in reporting systems and several years of safety culture enhancements that encourage employee reporting. Notwithstanding new reporting procedures, the total num- ber of RIs by commercial operations has remained steady over the past four years. The number of serious RIs classified as A or B remains below our safety metric of fewer than 0.395 events per million operations for FY2013 and FY2014 (Figure 8). Currently, runway safety is measured by monitoring three metrics: • Frequency or rate of serious RIs • Severity of RIs • Types of RIs Figures 9 to 12 provide details on the counts and trends using these metrics. Appendix C is a historical listing of RIs by airport. Classification by type and severity requires agency and in- dustry resources to analyze and identify causal and contrib- utory factors surrounding RIs categorized as A or B. Runway safety results are then compiled within the Runway Incursion Statistical Database and posted on the FAA ASIAS website. ACCOMPLISHMENT At the end of FY2014, the rate for serious runway incursions was .283 events per million operations (Figure 8) Air traffic control towers report events as Mandatory Occur- rence Reports (MORs). They use procedures to enter the infor- mation in the CEDAR system or manually, if necessary. Once the MOR is reported, the service area runway safety team manager manages the process of determining whether the events are RIs, REs or surface incidents, and supports entry of the incursion data into the national database. Figure 8. Rate of Serious Category A & B Runway Incursions Fig. 9 Fig. 10 Fig. 8 Fig. 14 80 70 60 50 40 30 20 10 0 30 25 20 15 10 5 0 0.400 0.450 0.350 0.300 0.250 0.200 0.150 0.100 0.0500.000 21 43 65 87 109 1211 2 3 4 51 76 98 1110 12 2013 2014 9 8 7 6 5 4 3 2 1 0 A Incursions B Incursions C Incursions D Incursions 2013 2014 800 700 600 500 400 300 200 100 0 2013 2014 2 9 5 9 506 554 724 696 783 211 243 Pilot Deviations Operational Incidents Vehicle/ Pedestrian Deviations Towered Non-Towered FAA PERFORMANCE TARGETFAA PERFORMANCE TARGET Rate per Million Operations 12 6 7 18 11 14 0.4260.426 0.2270.227 0.1180.118 0.1390.139 0.3580.358 0.2210.221 0.2830.283 Fig. 17 70 60 50 40 30 20 10 0 Pe r c e n t a g e Non-Towered Towered Occurrence Aircraft Incident Aircraft Accident Fig. 16 70 60 90 80 50 40 30 20 10 0 Pe r c e n t a g e Veer OOverrun Takeo Landing 25 2008 2009 2010 2011 2012 2013 2014 Figure 9. Runway Incursions FY2013 and FY2014 Fig. 9 Fig. 10 Fig. 8 Fig. 14 80 70 60 50 40 30 20 10 0 30 25 20 15 10 5 0 0.400 0.450 0.350 0.300 0.250 0.200 0.150 0.100 0.050 0.000 21 43 65 87 109 1211 2 3 4 51 76 98 1110 12 2013 2014 9 8 7 6 5 4 3 2 1 0 A Incursions B Incursions C Incursions D Incursions 2013 2014 800 700 600 500 400 300 200 100 0 2013 2014 2 9 5 9 506 554 724 696 783 211 243 PilotDeviations OperationalIncidents Vehicle/PedestrianDeviations Towered Non-Towered FAA PERFORMANCE TARGETFAA PERFORMANCE TARGET Rate per Million Operations 12 6 7 18 11 14 0.4260.426 0.2270.227 0.1180.118 0.1390.139 0.3580.358 0.2210.221 0.2830.283 Fig. 17 70 60 50 40 30 20 10 0 Pe r c e n t a g e Non-Towered Towered Occurrence Aircraft Incident Aircraft Accident Fig. 16 70 60 90 80 50 40 30 20 10 0 Pe r c e n t a g e Veer OOverrun Takeo Landing 25 2008 2009 2010 2011 2012 2013 2014 A & B RIs C&D RIs Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 24 Figure 10. 2013 Runway Incursions Totals by Type Operational Incidents Pilot Deviations Vehicle/ Pedestrian Deviations Other**Total Annual RI Rate* AAL (Alaskan)13 16 12 1 42 51 ACE (Central)3 31 3 0 37 24 AEA (Eastern)25 68 21 0 114 19 AGL (Great Lakes)47 88 36 1 172 27 ANE (New England)7 30 7 0 44 24 ANM (Northwest Mountain)28 68 25 0 121 27 ASO (Southern)53 154 23 1 231 21 ASW (Southwest)27 104 41 0 172 27 AWP (Western Pacific)40 224 43 1 308 28 TOTALS 243 783 211 4 1241 248 * Annual RI Rate — Calculated for all RIs. RI events per million operations. ** Other — Events that meet the criteria of an RI though do not fit within the primary types (emergencies, equipment failures, etc.). Figure 11. 2014 Runway Incursions Totals by Type Operational Incidents Pilot Deviations Vehicle/ Pedestrian Deviations Other**Total Annual RI Rate* AAL (Alaskan)6 30 17 0 53 66 ACE (Central)6 12 6 0 24 16 AEA (Eastern)67 59 31 1 158 26 AGL (Great Lakes)37 77 23 2 139 22 ANE (New England)6 11 5 0 22 12 ANM (Northwest Mountain)21 68 21 0 110 24 ASO (Southern)41 147 31 3 222 20 ASW (Southwest)25 116 43 1 185 29 AWP (Western Pacific)49 244 57 1 351 31 TOTALS 258 764 234 8 1264 246 * Annual RI Rate — Calculated for all RIs. RI events per million operations. ** Other — Events that meet the criteria of an RI though do not fit within the primary types (emergencies, equipment failures, etc.). Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 25 Figure 12. 2013 and 2014 Runway Incursions Totals by Severity Severity Total RIs Annual RI Rate*A B C D AAL (Alaskan) 2013 2014 1 0 0 0 16 20 25 33 42 53 1.245 0.000 ACE (Central) 2013 2014 0 0 0 1 10 11 27 12 37 24 0.000 0.659 AEA (Eastern) 2013 2014 0 0 3 1 51 81 60 76 114 158 0.492 0.164 AGL (Great Lakes) 2013 2014 0 1 0 5 74 66 98 67 172 139 0.000 0.935 ANE (New England) 2013 2014 0 0 0 0 19 10 25 12 44 22 0.000 0.000 ANM (Northwest Mountain) 2013 2014 0 1 0 1 46 44 75 64 121 110 0.000 0.441 ASO (Southern) 2013 2014 0 1 1 0 104 92 126 129 231 222 0.090 0.090 ASW (Southwest) 2013 2014 0 0 1 0 55 77 116 108 172 185 0.156 0.000 AWP (Western Pacific) 2013 2014 1 2 4 1 131 153 172 195 308 351 0.460 0.276 * Calculated for serious (A & B) RIs only. RI events per million operations. 3.2 Runway Excursions (REs) In FY2012, the RSG adopted the ICAO definition of RE as “a veer-off or overrun off the runway surface.” According to ICAO, the number of significant REs has not decreased in over 20 years. Over 30 percent of reported U.S. REs are ac- cidents. For this reason, the FAA is expanding the scope of runway safety to include REs. Like airborne and RI events, the FAA is focused on identify- ing the features that create undue risk of an RE using a da- ta-driven approach. With the addition of REs to the scope of runway safety, the FAA continues to establish methodology to effectively collect, categorize, and assess relevant data. The FAA participates with multiple regulatory agencies and industry groups to develop action plans to reduce REs, in- cluding the ability to merge appropriate data within various FAA organizations. In January 2014, the RSG briefed the Na- tional Transportation Safety Board (NTSB) Vice Chairman in regards to various FAA efforts to reduce REs. The RSG and the NTSB agreed to continue to collaborate with one anoth- er to mitigate the risk of excursion. 3.3 RE Classifications In FY2014, the RSG completed initial deployment of the Run- way Excursion Database that fuses ASIAS and CEDAR data. The primary role of the initial development of the Runway Excursion Database includes: • Determining the frequency and scope of RE events • Defining a basic severity classification and hazard identifica- tion processes • Providing high-level charts and statistics to easily interpret the information • Facilitating data-sharing and analysis across FAA organizations An aircraft accident is defined as an event resulting in a fatal- ity, serious injury, hull loss or substantial damage. For these purposes, an aircraft incident is defined as minor injury or minor damage, and an occurrence is defined as an event that is not an aircraft accident or incident. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 26 ACCOMPLISHMENTS Initial deployment of the Runway Excursion Database Definition of runway excursion classifications 3.4 RE Data Data for REs is currently available by calendar year and not fiscal year. In CY2013, there were over 530 U.S reported/col- lected REs at towered and non-towered airports. In CY2014, there were over 550. The RSG continues to refine RE data col- lection efforts. 3.5 Other Events In addition to RIs and REs, FAA also monitors other surface safety events and develops appropriate control measures: • Taxiway excursion • Abnormal surface contact • Collision during taxi • Helicopter event • Ramp event • Taxiway events Figure 13. Runway Excursion Data for CY2013 and CY2014*: Monthly Total Fig. 9 Fig. 10 Fig. 8 Fig. 14 80 70 60 50 40 30 20 10 0 30 25 20 15 10 5 0 0.400 0.450 0.350 0.300 0.250 0.200 0.150 0.100 0.0500.000 21 43 65 87 109 1211 2 3 4 51 76 98 1110 12 2013 2014 9 8 7 6 5 4 3 2 1 0 A Incursions B Incursions C Incursions D Incursions 2013 2014 800 700 600 500 400 300 200 100 0 2013 2014 2 9 5 9 506 554 724 696 783 211 243 Pilot Deviations Operational Incidents Vehicle/ Pedestrian Deviations Towered Non-Towered FAA PERFORMANCE TARGETFAA PERFORMANCE TARGET Rate per Million Operations 12 6 7 18 11 14 0.4260.426 0.2270.227 0.1180.118 0.1390.139 0.3580.358 0.2210.221 0.2830.283 Fig. 17 70 60 50 40 30 20 10 0 Pe r c e n t a g e Non-Towered Towered Occurrence Aircraft Incident Aircraft Accident Fig. 16 70 60 90 80 50 40 30 20 10 0 Pe r c e n t a g e Veer OOverrun Takeo Landing 25 2008 2009 2010 2011 2012 2013 2014 * RE data for December 2014 is partial due to the timing of this report. Figure 14. CY2013 and CY2014 Reported Runway Excursions by Region AAL Alaskan ACE Central AEA Eastern AGL Great Lakes ANE New England ANM Northwest Mountain ASO Southern ASW Southwest AWP Western Pacic 160 140 120 100 80 60 40 20 0 2013 2014 Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 27 Figure 15. Runway Excursion Type for Towered and Non-Towered Airports (CY2013/2014 Combined) Fig. 9 Fig. 10 Fig. 8 Fig. 14 8070605040302010 0 30 25 20 15 10 5 0 0.400 0.450 0.350 0.300 0.250 0.200 0.150 0.100 0.050 0.000 21 43 65 87 109 1211 2 3 4 51 76 98 1110 12 2013 2014 9 8 7 6 5 4 3 2 1 0 A Incursions B Incursions C Incursions D Incursions 2013 2014 800 700 600 500 400 300 200 100 0 2013 2014 2 9 5 9 506 554 724 696 783 211 243 PilotDeviations OperationalIncidents Vehicle/PedestrianDeviations ToweredNon-Towered FAA PERFORMANCE TARGETFAA PERFORMANCE TARGET Rate per Million Operations 12 6 7 18 11 14 0.4260.426 0.2270.227 0.1180.118 0.1390.139 0.3580.358 0.2210.221 0.2830.283 Fig. 17 706050403020 10 0 Percentage Non-Towered Towered OccurrenceAircraft IncidentAircraft Accident Fig. 16 70 60 90 80 50 40 30 20 10 0 Pe r c e n t a g e Veer O Overrun Takeo Landing 25 2008 2009 2010 2011 2012 2013 2014 Figure 16. Towered vs. Non-Towered Airports (CY2013/2014 Combined) Fig. 9 Fig. 10 Fig. 8 Fig. 14 80 70 60 50 40 30 20 10 0 30 25 20 15 10 5 0 0.400 0.450 0.350 0.300 0.250 0.200 0.150 0.100 0.050 0.000 21 43 65 87 109 1211 2 3 4 51 76 98 1110 12 2013 2014 9 8 7 6 5 4 3 2 1 0 A Incursions B Incursions C Incursions D Incursions 2013 2014 800 700 600 500 400 300 200 100 0 2013 2014 2 9 5 9 506 554 724 696 783 211 243 PilotDeviations OperationalIncidents Vehicle/PedestrianDeviations Towered Non-Towered FAA PERFORMANCE TARGETFAA PERFORMANCE TARGET Rate per Million Operations 12 6 7 18 11 14 0.4260.426 0.2270.227 0.1180.118 0.1390.139 0.3580.358 0.2210.221 0.2830.283 Fig. 17 70 60 50 40 30 20 10 0 Pe r c e n t a g e Non-Towered Towered Occurrence Aircraft Incident Aircraft Accident Fig. 16 70 60 90 80 50 40 30 20 10 0 Pe r c e n t a g e Veer O Overrun Takeo Landing 25 2008 2009 2010 2011 2012 2013 2014 4.0 Find The FIND aspect of the COLLECT-FIND-FIX model refers to finding problems in the collected data. The FAA compiles and analyzes data, and then identifies areas to improve. Our safety initiatives follow the FAA SRM process under FAA Order 8040.4A. Safety and operational data is analyzed to identify and assess risks. As risks are assessed, mitigation measures are developed and im- plemented. Each hazard and mitigation measure helps understand and avoid or mitigate a particular safety event. For example, an RI that has confusing airfield marking as a contributing factor can be mitigated with improved surface marking. Other mitigation measures address the con- sequences of a safety event by minimizing the negative outcome. For example, improvements to an RSA can reduce the severity of an RE event after the excursion occurs. Therefore, safety initiatives provide a means of understanding, preventing, or minimizing the outcomes of a safety event in the following ways: • Hazard identification and risk analysis: These initiatives identify current and emerging risks based on data, systems analysis and expert opinion. They identify causal factors and judge how they contribute to a negative safety event such as an RI. Runway Safety Action Teams (RSATs) analyze airport-specific hazards based primarily on expert opinion. • Controls: These are mitigation measures that act as barriers that can pre- vent the occurrence of a safety event. Training and operational procedures are effective control measures that act as barriers. • Recoveries: These are mitigation measures that reduce the severity of a safety event outcome after the fact. Airport Surface Detection Equip- ment (ASDE-X) alarms can alert controllers that an RI is underway in COLLECT FIND Report Digital IOIOIIOIOIIOIOI Compile IOIOIIOIOIIOIOI Analyze IOIOIIOIOIIOIOI Identify FIX MonitorAction COLLECT FIND Report Digital IOIOIIOIOIIOIOI Compile IOIOIIOIOIIOIOI Analyze IOIOIIOIOIIOIOI Identify FIX Monitor Action Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 29 enough time to avoid a collision. ARFF equipment and proce- dures are also mitigation measures that can minimize nega- tive outcomes. 4.1 Risk Assessment Initiatives Risk assessment uses the SMS SRM process to identify real and potential hazards, and then analyzes associated risks to the aviation system. These initiatives are moving the FAA towards a risk-based, data-driven decision process. Reliable, accurate and consistent data is the key to hazard identification and risk analysis. It complements the opinion of subject matter experts and provides objective analysis to identify and justify and control measures for managing risks. The FAA collects safety and operational data through elec- tronic systems and reporting programs as a primary step of hazard identification. Airports in the U.S. with air traffic con- trol services are required to report any incident that occurs on the surface of a runway environment, RSA, or on any oth- er airport movement area. New automated recording and reporting systems are making those records more easily re- portable and available. Voluntary safety reporting programs for pilots, air traffic controllers and employees of the Office of Airports are providing insight into causes of incidents. The FAA reviews all of these incidents and data sources through several initiatives to identify hazards, evaluate risks and de- velop control measures. The following activities work in concert to identify hazards and risks within the context of current and evolving risk-based programs designed to improve safety on the airport surface. 4.2 Surface Risk Analysis Process (S-RAP) The FAA is using a new tool for risk assessment called the S-RAP. The risk assessment process includes all surface losses of separation, not just RIs, as the S-RAP can analyze surface in- cidents that would not have been previously analyzed under the former risk assessment method. Similar to the current avi- ation event-based risk analysis process (RAP), the S-RAP iden- tifies the causal and contributory factors of surface events involving conflicts and the relationships between actions and consequences. With the development and validation testing of the S-RAP tool complete, the tool is currently in use for all qualifying events. The FAA expects to establish a baseline by the end of FY2015, which will allow the FAA to analyze two full years of data. Figure 17. Risk Assessment: Prevention — Recovery Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 30 The S-RAP uses a mathematically derived matrix that consid- ers several disparate elements including proximity, closure rates, weather conditions and pilot and air traffic controller barriers to produce severity ratings. Similarly, to arrive at re- peatability (likelihood) ratings, the S-RAP considers system- ic issues, non-systemic issues and window of opportunity. A number of modifications have been made on the previ- ous tool in deriving severity and likelihood of a Risk Analy- sis Event (RAE) by the latest S-RAP. The enhancements are identified below: • The severity score for the “proximity” element is determined by analyzing the probability distribution of historical “prox- imity” data, hence removing subjectivity • The severity score for the “closure rate” element is determined by analyzing the probability distribution of historical ‘closure rate” data, hence removing subjectivity • The Explicit Barrier function method was used to derive the “controllability” element of severity, considering the break- down of ATC barriers, pilot barriers and NAS barriers sepa- rately; the controllability barriers were made flexible, thereby accommodating different sets of barriers, as will be present in a particular airport/runway for any specific surface incident • The effect of technological barriers used in RI prevention, such as RWSL, Runway Guard Light (RGL), Airport Movement Area Safety System (AMASS) and ASDE-X, are captured in the latest S-RAP • Airport signage/markings and FAR Part-139 compliance have been considered while controllability scoring • The effects of airport geometry play a crucial role in RI re- peatability and are introduced in the latest S-RAP • The effects of airport construction and runway closure on re- peatability are also considered The S-RAP identifies the causal and contributory factors of surface events involving conflicts and the relationships be- tween actions and consequences. The S-RAP also allows for the development of CARs and plans utilizing information from stakeholders. The RSG, in conjunction with other stakeholders, is reviewing the results of the S-RAP demonstration and developing a sur- face safety performance metric action plan. The data collected by the S-RAP during the demonstration phase is central to establishing the System Risk Event Rate as the new surface safety performance metric. Establishing a surface safety System Risk Event Rate will allow the FAA to accomplish the following: • Initiate this approach to improving safety with interna- tional partners • Integrate controller and pilot performance data on all air traffic incidents • Evaluate separate incidents caused by other factors, includ- ing PDs • Avoid under-reporting and misclassification of incidents 4.3 Runway Incursion Assessment Team (RIAT) The RIAT is composed of one representative from the Of- fice of Airports, Flight Standards Service and ATO Terminal Services, and meets weekly to assess the severity of each RI event. Event data is extracted from the runway safety da- tabase on a weekly basis. The RIAT members review each event and the relevant details. Data such as surface surveil- lance replays, controller/pilot/driver statements, airport di- agrams, airport geometry, separation, weather and time of day are discussed, when available. The team then rates each event according to the severity category guidelines con- tained in FAA Order 7050.1B (11/07/13), resulting in an A, B, C,or D rating. Each RIAT member votes on event severity and, if a consensus is reached, the final severity rating is recorded in the Runway Safety Database. 4.4 Runway Safety Action Team (RSAT) Programs Longstanding runway safety programs dedicated to haz- ard identification and analysis continue to focus attention and resources towards airports with unique and potentially hazardous operating conditions in an ongoing effort to re- duce risk. These programs work in conjunction with several of the new initiatives to augment SRM efforts and enhance the knowledge base. FAA Order 7050.1B provides improved guidance and organizational structure for performing RSAT meetings and for reviewing and approving Runway Safety Action Plans (RSAPs). ACCOMPLISHMENT Issued FAA Order 7050.1B to improve guidance and organizational structure 4.4.1 RSAT Chartered by FAA Order 7050.1B, RSATs convene annually to discuss surface movement issues and concerns at all FAA and federal contract towered airports and then formulate Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 31 RSAPs to address the issues raised at those airports. The team includes personnel from the local ATCT, airport man- agement, tenants, other FAA lines of business and any in- terested users of the airport. There are three types of RSATs: local (LRSAT), led by the ATCT manager; regional, led by the Regional Runway Safety Program Manager; and special fo- cus (SFRSAT), led by the RSG. In FY2013 and FY2014, there were a total of 1,039 RSAT meet- ings, resulting in 651 action items. One of these meetings was a SFRSAT, while 21 meetings were regional-level events, and the remaining meetings were led by local air traffic managers. RSATs have resulted in the collaborative identifi- cation and mitigation of safety issues at all FAA and Federal Contract towered airports. Three notable 2013-2014 RSATs are listed below: • The Western Pacific Regional Runway Safety Office accom- plished 24 outreach events which enabled communication with 2,149 stakeholders; the team directly supported 18 RSATs including five RRSATs • On September 4, 2014, a focused RSAT meeting was held at Shreveport Downtown (DTN) to address seven V/PDs that oc- curred in a three month span; representatives in attendance included RS, FSDO, the Office of Airports, local ATC, Shreveport Airport Authority and Louisiana State Aviation Department • A SFRSAT was convened at David Wayne Hooks Airport (DWH) in Houston in FY2014 ACCOMPLISHMENT Expanded toolkit to include REs 4.4.2 Regional and Special Focus RSAT Regional and special focus RSAT meeting attendees include airport managers, airport operations and maintenance per- sonnel, ATCs, Technical Operations personnel, airport tenants, airline and charter company personnel, fixed-base operators, corporate flight department personnel, members of military units, GA pilots, airport certification inspectors, aviation safe- ty inspectors, ARFF personnel, local law enforcement, military and other stakeholders who operate on the airfield. RRSATs and SFRSATs may be utilized to organize all pertinent lines of business in addressing high priority targets based on risk- based decision-making. 4.4.3 Local RSAT LRSAT meetings support the FAA Runway Safety Program under FAA Order 7050.1B. They operate similar to RSAT meet- ings except that the local ATCT manager leads the meetings instead of the region’s Runway Safety Program Manager. LRSAT meetings are organized and conducted by air traffic facilities and supported by runway safety regional offices. RSATs, whether special focus, regional or local, have proven successful for: • Reducing RIs • Increasing surface safety awareness throughout the aviation community • Identifying and analyzing hazards associated with surface operations • Identifying and developing mitigations to help reduce risk • Fostering communications and building relationships within the local airport/aviation community • Increasing media advocacy of runway safety at a local level 4.4.4 Local RSAT Toolkit The LRSAT toolkit, downloadable from the Runway Safety web page, was created in FY2011 and provides supplemental guid- ance to air traffic managers on how to plan and conduct ef- fective RSAT meetings, as well as how to develop and update their RSAP. The toolkit also provides directives, contacts, tem- plates, examples and other resources to facilitate more pro- ductive and effective meetings. In the beginning of FY2014, REs were added to the toolkit to help facilitate discussion among pilots, air traffic controllers and the airport authori- ty. The toolkit can be downloaded from the FAA website at: http://www.faa.gov/airports/runway_safety/resources/lrsat/. It is also available to all FAA air traffic managers through the FAA Knowledge Services Network site. This site was accessed 2,414 times from FY2013 to FY2014. 4.5 ATO Quality Programs In 2012, new safety orders governing ATO Quality Control and Quality Assurance Programs (QAPs) established process- es by which FAA collects, analyses and monitors operational data for improving system operations and safety. FAA Order 7210.633 (01/30/12), ATO QAP ensures that all policies and procedures are followed correctly and, when not, whether mitigations and plans/efforts put in place are effective. FAA Order 7210.634 (01/30/12), ATO Quality Control assesses the output (whether a product or service) of a particular process Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 32 or function and identifies any deficiencies or problems to address. Together, these orders identify safety trends and ensure that all policies and procedures are followed regard- less of source, and that appropriate corrective actions have been developed and implemented. The Quality Assurance/ Quality Control (QA/QC) programs implement the ATO COLLECT–FIND–FIX strategy for a proactive approach that focuses on reducing safety risk. 4.6 Air Traffic Common Taxonomy Version 3 Risk-based safety depends upon the development of a com- mon data language. Integration or fusing of data from sources across multiple lines of business and multiple data repositories is a primary requirement for the development of cross-agen- cy standards, risk state definitions and modeling integrity. Common data taxonomies will promote data standardization to ensure consistent sharing of safety data across the FAA and with industry constituents and international peers. The Air Traffic Common Taxonomy Version 3 (ACT v3) provides two overarching benefits with respect to the analysis of safety data. First, it establishes a common safety language that links runway safety event data, surface hazards identified through the ATO SRM process and ATO requirements in a seamless framework. Second, ACT v3 exhaustively classifies all compo- nents of a hazard, such as who was involved in the event (e.g., agents), what was involved (e.g., equipment or infrastructure types), when the event occurred (phase) and why (causal and contributing factors). As a result, the new taxonomy will fa- cilitate more detailed analyses to identify and quantify how different conditions contribute to system risk and will support the development of the S-RAP (Section 4.2). 4.7 The ATO Top 5 The ATO Top 5 is a quantifiable list of hazards that contribute to the highest risk in the NAS. It is the culmination of the ATO’s proactive safety management activities—valuing input from the frontline employees, deploying technology to gather data, improving analysis to identify risk and embracing cor- rection to mitigate risk. The Top 5 sets annual priorities that enable the ATO to focus on the most pressing areas of risk. That is what the SMS is all about: finding hazards/issues and addressing them to im- prove safety. The ATO continues to demonstrate the success of the Top 5 by monitoring the corrective actions made to previous Top 5 lists for two years. During this critical part of the SMS feedback loop, the ATO ensures corrections properly mitigate risks and address activities that do not. In the past, the Top 5 were selected by studying the rate of high-risk events identified through the airborne RAP only. For the first time, the FY2014 hazard data included S-RAP and was augmented with ATSAP trends, Operational Skills Assess- ments (OSA), System Service Reviews (SSR), runway safety reports and accident investigations from the NTSB and Safe- ty and Technical Training Compliance Services Group. The inclusion of this data resulted in the first Top 5 issue related to surface incidents and runway safety. For F20Y15, Surface Memory Aids is a Top 5 issue that focuses on improving run- way safety through the use of memory aid tools in air traffic control towers. ACCOMPLISHMENTS Surface RAP data added to the analysis for the Top 5 List Surface Memory Aids included as one of the Top 5 safety issues for FY2015 4.8 Runway Incursion Mitigation (RIM) Program The Office of Airports’ RIM Program is a data-driven, risk- based, proactive program that will develop solutions at runway/taxiway intersections to help prevent runway incur- sions from occurring. An Office of Airports and FAA Techni- cal Center data mining effort collected data from 2007 to 2013 on nationwide RIs at all towered airports. The data was collected from multiple sources including NTSB, NASA and the FAA Runway Safety RI Database. A thorough review of the safety data identified airfield ge- ometry as a primary contributing cause of RIs. Each RI was assigned by geometry type(s) in a Geographic Information System (GIS). New Office of Airports’ design standards in 2007 eliminat- ed many of the confusing geometries for new construction; however, a large number of these confusing runway/taxiway intersections still exist at airports today. The Office of Airports is developing a new comprehensive and multi-year program to correct these confusing taxiway loca- tions to reduce the likelihood of RIs. A risk-based approach in Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 33 prioritizing RI locations (including wrong runway arrival/de- parture) identified potential improvement locations. Mov- ing forward, these potential locations will be updated as improvements are made and/or additional data is collected. ACCOMPLISHMENT Established the RIM Program 5.0 Fix FIX refers to making a plan of action and taking the necessary action to improve the area. Subsections of this chapter describe fixes deployed by the FAA in 2013 and 2014. Numerous FAA-wide runway safety activities and programs were initi- ated in the FY2013 – FY2014 timeframe, including the development of a risk-based Runway Safety Focus Airport program. Building on a decade of success in reducing runway risk, the FAA is developing integrated da- ta-driven approaches that are helping achieve the FAA’s priority initia- tive of “Making Aviation Safer and Smarter.2” 5.1 Converging Runway Operations In September 2013, the FAA announced a new policy to address safety concerns that limited the use of non-intersecting converging runways whose flight paths intersected within one nautical mile. This is one of the most substantial safety improvements to the NAS in the last ten years. During an investigation of go-around or aborted landing of aircraft events reported between 2011 and 2013, the ATO’s Safety and Techni- cal Training identified a systemic problem in the NAS. The investigation included a review of close proximity events that did not provide separa- tion of, or protection from, unanticipated go-arounds on non-intersect- ing runways at Chicago O’Hare (ORD) and George Bush Intercontinental COLLECT FIND Report Digital IOIOIIOIOIIOIOI Compile IOIOIIOIOIIOIOI Analyze IOIOIIOIOIIOIOI Identify FIX MonitorAction 2 FAA Strategic Initiatives, 2014 – 2018 Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 35 (IAH). In the event of a rejected landing, the aircraft may un- expectedly be in the proximity of another aircraft departing from a non-intersecting converging runway, potentially com- promising established safety margins. The result of CROs cre- ated an airborne risk of collision (Figure 18). Figure 18. Non-Intersecting Converging Runway Conflicts This hazard, known as Go-Around/Rejected Landings, was identified as a leading indicator of risk during independent operations on non-intersecting runways and was elevated to the ATO Top 5 safety hazards list. At the same time, the NTSB released a safety recommenda- tion to the FAA urging the agency to take action on CROs. Beginning in August 2013, the FAA convened a joint FAA- industry taskforce to draft an implementation plan for new safety requirements. The goal was to analyze the data, iden- tify causal factors, inform key stakeholders and collaborate across industry to create a corrective action plan. The group recommended policy changes to FAA orders that limited the use of non-intersecting converging runways whose flight paths intersected within one nautical mile. They also rec- ommended the development of a tool for air traffic control- lers to assist in optimizing the efficiency of local operations while implementing the new change. The new tool, known as the ADW tool, was a collaborative effort with MITRE, a federally funded research and develop- ment center, to identify possible solutions that would opti- mize the efficiencies of implementing the new CRO rule. The ADW tool creates a display on the controller’s radar screen that provides a “go/no go” marker (Figure 19). Using innova- tive techniques that rely on mathematical models to create visual intersections, a controller can make safety decisions well before risk is present. Through the development and analysis process, the task- force realized a need to accommodate various runway con- figurations. Each ADW is unique and must be customized for each airport. Therefore, the taskforce recommended a phased approach for air traffic facilities to become compli- ant. This recommendation allowed for sufficient flexibility for each airport to implement the changes most conducive to their configuration while creating the greatest possible safety margin for their specific operation. The analysis process identified 127 airports with runway combinations that meet CRO criteria, each with a different runway configuration. Under the guidance of the taskforce, ATO is using a phased implementation schedule that began Figure 19. Arrival Departure Window (ADW) Tool Application of an ADW operation. (Left) An arriving aircraft is within the ADW boundaries, so the departure aircraft is held. (Right) No arriving aircraft is within the ADW, so the departure aircraft may be released. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 36 in January 2014 with the high- risk facilities identified by the NTSB. Today, air traffic control- lers are using the ADW tool at 13 high-priority airports as list- ed in Figure 20. The remaining airports are using more restric- tive procedures that are based on runways that physically in- tersect. Additional ADW tools are also being developed and implemented as requested by these smaller airports. A post analysis of CRO and ADW implementation revealed several positive outcomes. In addition to working with indus- try, the ATO focused heavily on its relationship with facilities, management and air traffic controllers directly affected by the changes. Support to the field facilities addressed local implementation challenges. Taskforce members traveled to facilities and were instrumental in the field deployment of the ADW tool. Taskforce members facilitated site-specific briefings on the purpose, modeling, and implementation of CRO at each airport. The taskforce worked with managers and controllers at the airports to assure customers that their concerns were heard and reported to ATO executives. Discus- sions with controllers indicated that they preferred using the ADW tool because it eliminated the guess work that was re- quired to ensure that an arrival that executed a go-around or aborted landing would not interact with an aircraft depart- ing from a non-intersecting converging runway. Since the implementation of the CRO policy and the ADW tool, no CRO-affected airports have experienced a high-risk, non-intersecting CRO. ACCOMPLISHMENTS Non-intersecting CRO policy issued and implemented ADW tool implementation at 13 high-priority airports ACTIVITY Development of additional ADW tools, as requested 5.2 Training Training is a fundamental component of the safety para- digm. During the SRM process, the FAA analyzes the likeli- hood of the occurrence and severity of NAS hazards, in ac- cordance with FAA’s current SMS SRM guidance, FAA Order 8040.4A. Procedure development and training are informed through this process. Procedures must be trained and, to- gether, provide mitigation of some residual risks that could not be alleviated during system design. 5.2.1 Airport Recurrent Driver Training Ongoing airport recurrent training for all certificated air- ports in the nation includes initial and recurrent driver train- ing instruction for airport employees. Effective March 18, 2013, a revision to airport regulations (Part 139) states that all certificated airports now require recurrent driver training for non-airport employees, e.g., Fixed Base Operators (FBOs), personnel and technicians. An airport certification inspector must approve all training, and each airport must provide a syllabus in its Airport Certification Manual. Annual airport in- spections are ensuring that all drivers with access to the air- field receive annual driver training. Today, 540 commercial airports certificated under Part 139 require annual training. Each regional runway safety office has available tools and presentations of current best practices to share with airports in support of driver training programs. 5.2.2 Air Traffic Controller Training The ATO’s Safety and Technical Training continues to include runway safety topics in the mandatory, semi-annual, recur- rent training curricula for air traffic controllers. • August 16, 2013: Runway Incursion Prevention, with focus on tower scanning • January 1, 2014: Runway Incursion Prevention, with a focus on situational awareness, drift and distractions; completed June 30, 2014 • July 1, 2014: Runway Incursion Prevention, with focus on hearback and readback error prevention, high energy run- way crossings, managing landing operations and aircraft performance • January 1, 2015: Recurrent training module designed to ad- dress the risks related to using runways as taxiways is under development Figure 20. ADW Tool Locations Airport BOS JFK BWI LAS CLT MEM DFW MSP HNL ORD IAD PHL IAH Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 37 Controller Vigilance Averts Possible Catastrophe LAX Tower Controllers Take a Long View on Runway Safety Some people always seem to be looking for trouble. But in the case of two controllers at Los Angeles International Airport control tower, that’s a very good thing. The controllers, Dennis Julianna and Zoem Patel, averted a very dangerous situation on one of the airport’s runways. A Beechcraft Bonanza had landed on the most northerly runway and was trying to taxi to south of the most southerly runway. Controllers kept a close read back the instruction correctly. Then, Zoem Patel, working local control, cleared an American Airlines Airbus 321 for takeoff on that same runway. However, despite acknowledging the instruction to hold short of Runway 25R, the Bonanza pilot continued taxiing toward the runway at a rapid speed. “When they’re going that fast, we suspect that they think they’ve been cleared to cross the runway,” said Sherry Avery, the Los Angeles Tower Manager. Dennis Julianna, working the local assist position, noticed the Bonanza’s speed and notified Zoem, who reacted immediately by telling the Bonanza pilot twice to stop, and then cancelling the Airbus’ takeoff clearance. The closest proximity between the two aircraft was estimated to be 8,400 feet. Avery praised her controllers’ quick responses. “Their vigilance was exemplary,” she said, impressed that Julianna and Patel had been scanning almost two miles down the runway looking for potential hazards. “Professionals like these keep the system safe,” she added. Even more impressive, said Avery, was that the controllers caught it before the ASDE-X alert system activated, “…which highlights the fact that the controllers caught it without an alarm.” A preliminary analysis shows that the Bonanza entered the safety area around the runway but did not enter the runway itself. eye on him as he crossed one runway and was instructed to hold short of Runway 25R. The pilot Dennis Julianna (left) and Zoem Patel in the cab of the Los Angeles International Airport tower. A view of Los Angeles International Airport from the tower cab. 5.2.3 Pilot Training and Outreach FAA’s Flight Standards collaborates with key safety groups to reach as many pilots as possible with the runway safety message. This collaboration provides training material that addresses current runway safety issues. In FY2013, Flight Standards Service updated appropriate pilot Practical Test Standards with required testing tasks on RI avoidance during pilot certification. Pending updates to FAA Order 8900.1 (9/13/07), Flight Stan- dards Information Management System will finalize the RI remedial training program and a remedial training sylla- bus and make it available through FAASafety.gov to assist GA pilots in avoiding RIs. To support this effort, the FAA provides DPE initial training in Oklahoma City at least two times during the year, training more than 50 DPEs yearly. When finalized, pilots contributing to RIs would be re- quired, in certain cases, to complete mandatory remedi- al training with either a DPE for a Category A or B RI, or a Certified Flight Instructor (CFI) recommended by the FAA Safety Team (FAAST) for a Category C RI. Flight Standards has also published a new chapter, RI Avoid- ance, in the Pilot’s Handbook of Aeronautical Knowledge. Additionally, Flight Standards updated Advisory Circular 120-74B Part 121, 125, and 135 Flightcrew Procedures during Taxi Operations (7/30/12) and Advisory Circular 91-73B Parts 91 and 135 Single Pilot, Flight School Procedures during Taxi Oper- ations (7/30/12), directed at aircraft with flight crews, single pilots and flight school operators to address procedures and knowledge needed to avoid RIs. The FAA “Taxi Test” was produced by the RSG and FAAST and viewed on FAASTeamTV. This 60-minute video pro- vides a comprehensive look at runway safety best prac- tices including a review of signs, markings, and lighting and describes scenarios where particular caution must be observed while taxiing. To date, over 12,500 people have viewed this presentation. Situational awareness also extends to circumstances that might lead to an RE. To address this need, the FAA worked with the business aviation community in conjunction with the NBAA to produce a 60-minute webinar on runway safety and REs. The webinar was broadcast live to a national audi- ence in FY2014. 5.2.4 AOPA Online Training The AOPA online runway safety course is a comprehensive training and examination available to both AOPA members and non-members. The course includes: • An in-depth guide to airport signs, pavement markings and lighting • Re-creations of several real-life runway incidents and accidents • Valuable real-world insights from air traffic controllers • Best practices for communication at towered and non-tow- ered airports The course continues to present a multitude of interactive exercises to help pilots hone their surface safety skills. It also provides airmen with a thorough review of every aspect of runway safety. To date, more than 20,000 pilots have com- pleted the course and passed the quiz. An updated course was completed and available in January 2015. 5.3 The National Runway Safety Plan, 2015-2017 The 2015-2017 National Runway Safety Plan, issued on July 31, 2014, sets the stage for future work to enhance and co- ordinate runway safety activities. The 2015-2017 Plan di- rectly supports the Administrator’s Strategic Priorities, in- cluding initiatives to “Make Aviation Safer and Smarter” by moving to risk-based decision-making, enabling the safe and efficient integration of NextGen, and demonstrating global leadership in improving air traffic safety and effi- ciency through data-driven solutions that shape interna- tional standards. It also provides guidance for Regional Runway Safety Program Managers for managing region- al programs and for conducting outreach activities and LRSAT meetings. It provides strategies on how to con- duct outreach and other runway safety activities in a re- source-constrained environment. The plan also introduces Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 39 the Runway Safety Focus Airport Program, allowing the FAA to focus resources on airports with a need for additional support from the RSG. 5.4 Air Traffic Control Procedures 5.4.1 People and Equipment in the RSA During FY2014, Office of Airports, Technical Operations and Air Traffic Services worked together to resolve confusion over RSA procedures. They reached an agreement on draft language that clarifies the principles the ATO and the Office of Airports will adopt for people and equipment in the RSAs. That language will undergo a safety assessment using ATO’s SMS 4.0 in FY2015. The results will be improved awareness for proper and safe procedures for controlling situations where aircraft and equipment might be inside an RSA. 5.4.2 Approach Hold Procedures Based on a Safety Risk Management Document (SRMD) un- der the purview of Runway Safety, notices FAA JO 7210.863 (3-19-14), Obstacle Identification Surfaces, Obstacle Free Zones, RSAs, and Clearways and FAA N JO 7110.660 (3-19-14), Taxi and Ground Movement Operations were posted to mitigate risks associated with Approach Hold procedures. 5.5 Runway Safety Focus Airport Program In FY2014, the FAA established the Runway Safety Focus Airport Program to address hazards specific to individual airports. The intent of the program is to identify airports that require focused attention and to establish a proactive safety management allocation of resources. The FAA col- laborated with MITRE to develop a process to address in- dicators of current and potential risk at the airports under consideration, thus enabling the FAA to proactively focus on those airports, i.e. before the number of incidents rise. The current risk indicators include actual measured events (e.g. incursions and excursions), whereas potential or latent risk indicators include metrics such as airport design and management and operational changes. Using these met- rics, the FAA is assessing and improving policy, guidance, engagement and training strategies to address risk at the focus airports. 5.5.1 Program Overview Focus airports are identified using a structured decision support process called Multiple Criteria Decision-Making (MCDM). This structured decision support process produc- es a rank-ordering of the Figure 21. Runway Safety Metric and Metric Definition/ Scope study airports as well as a framework for exploring the tradeoffs between the vari- ous contributors to risk. Runway Safety The MCDM process relies #Metricson a set of metrics and their 1 Airport Operationsrelative contribution to risk. 2 RIs The metrics capture mea-3 Surface Incidentssured or reported data, and the relative contribution of 4 Excursions each metric is reflected in Runway Confusion 5 Incidentsweights elicited from the stakeholders. 6 Enplanements A/B Incursions (3 In 2015, risk factors were ex-7 years)amined at 78 airports in the Airport Geometry U.S., including the Core 30 8 Contributing airports. These factors pro-Airfield vide the basis for the 15 met-9 Constructionrics selected by the RSG and Part 139 Inspection shown in Figure 21.10 Findings Management 5.5.2 Airport 11 Change Assessment Stakeholder Support 12 Requested The MCDM process begins NAS Changes 13with the development of a Requiring SMS hierarchy of risk-contribut-14 Surface Reportsing elements that charac-Operator/Flight terize overall risk. Metrics 15 School Activity are used to measure each Changes airport with respect to these attributes, and it is expected that each airport will achieve these objectives in varying degrees. These elements and their metrics are organized by their temporal nature: some are early indicators of possible future events, while others are closer to undesirable outcomes, and still others are mea- sures of actual events that have occurred. Latent factors indicate some degree of known or suspected causality to undesirable outcomes. Warning indicators are an indication based on a report or an inspection, while observed events are actual measured events. Figure 22 reflects this organiza- tion of contributing elements and metrics. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 40 Figure 22. Runway Safety Elements Structure Latent Factors Indicators Events Airport Geometry Contributions to RIs Management Change NAS Changes Requiring SMS Airfield Construction Operator/Flight School Activity Changes Airport Operations Enplanements Part 139 Inspection Findings Request for Stakeholder Support Surface Reports RIs A/B Incursions Surface Incidents Excursions Runway Confusion Incidents Warning Observed The RSG plans to expand the focus airport program during FY2015 – FY2016 to include the evaluation of all 500+ tow- ered airports, while continuing to refine the metrics evalua- tion process developed in FY2014. Using this evaluation, the RSG will help each runway safety focus airport develop a comprehensive RSAP and identify action items that will help address potential risk. The goal is to bring the right stakeholders together in order to make surface operations at our airports even safer. ACCOMPLISHMENTS Regional-focused RSAT and action plan for Merrill Field (MRI) Coordination and engagement to develop action plans at Anchorage (ANC) and Juneau (JNU) International Airports ACTIVITY Expansion of the Runway Safety Focus Program to evaluate all towered airports 5.6 Runway Safety Program Accomplishments The FAA Runway Safety Program (FAA Order 7050.1B) pro- vides a focal point for all FAA runway safety efforts. A signif- icant portion of this effort revolves around the RSAT which focuses on identifying and resolving safety issues at specific airports by finding and fixing safety issues. Although indus- try and local outreach through the annual RSAT meetings are important components of the runway safety program, the ultimate goal is to complete action items that provide a meaningful safety benefit for airports. 5.6.1 Eastern Service Area JOHN F. KENNEDY INTERNATIONAL AIRPORT (JFK) JFK experienced several PDs at Taxiway H, including one seri- ous PD due to geometry and signage at that location. The ATM convened members from the LRSAT team including Runway Safety, Office of Airports, Flight Standards and the Port Au- thority to review and discuss the area. The group conducted a site visit of the area and made recommendations to change signage and realign the taxiway. The taxiway has since been realigned and the problem eliminated. CHARLESTON AIR FORCE BASE/ INTERNATIONAL AIRPORT (CHS) Technical Operations installed new radios to address radio bleed over, an issue identified during the RSAT open dis- cussion. This corrected a loss in coverage experienced due to the construction of parking decks in the vicinity of the ATCT. New radios were installed in the equipment room on 9th floor of the ATCT. New antennas were installed on the tower roof above the ASDE-X antenna. In addition, the airport hot spot on Taxiway E going to Runway 21 (a run- way hold short marking) was removed. A new marking was installed at the required distance from the runway end to eliminate the hot spot. ORLANDO SANFORD INTERNATIONAL (SFB) Confusing signage at Hot Spot 1 was changed in the area of Taxiways K and C. BOWMAN FIELD (LOU) A directional sign was added for TWY H (<----H---->) when exiting the executive aviation ramp to eliminate pilots from taxiing onto Taxiway H without authorization. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 41 RONALD REAGAN WASHINGTON NATIONAL AIRPORT (DCA) A workgroup agreed to rename Taxiway J1 to Taxiway E to avoid confusion with Taxiway J, as pilots often mistakenly tax- ied onto the J1 intersection rather than the assigned Taxiway J for full length departure. A signage plan was developed and approved; the new sign was then installed and published. Figure 23. DCA Safety Improvements: Renaming Taxiway J1 GREATER ROCHESTER INTERNATIONAL AIRPORT (ROC) Construction of a new taxiway is underway to connect Taxi- way E and the Runway 10 threshold to prevent aircraft from having to cross the active Runways 10-28 and 4-22 to reach Runway 10. Figure 24. ROC Safety Improvements: Taxiway Construction ANDREWS FIELD (ADW) To address the need for consistent application of standard phraseology due to recent surface events, the ADW tower made an effort to focus ground movement phraseology and place special emphasis on controllers utilizing clear, concise standard phraseology as a means of increasing safety on the airport and reducing the opportunities for confusion or misunderstanding. PATRICK HENRY FIELD (PHF) Hot spots were published to address the close proximity of the intersection of Runways 7/25 and 2/20. BURLINGTON INTERNATIONAL AIRPORT (BTV) Airport operators were unsure when hold areas affecting the instrument landing system (ILS) were in use. In response, BTV ATCT began including on the ATIS broadcast when ILS holding is required. In addition, several GA incidents oc- curred at the intersection of Taxiway C and Runway 19. To mitigate this issue, the intersection was declared and pub- lished as a Hot Spot. WESTFIELD-BARNES AIRPORT (BAF) The taxiway hold position sign on the Taxiway A exten- sion approaching Runway 15 was abnormally far from the expected location because of the displaced threshold and resulting Obstacle Free Zone. Pilots often overlooked it and crossed the hold line inadvertently. To solve this problem, a second sign was installed on the opposite side of Taxiway A, increasing visibility of the hold short point. 5.6.2 Central Service Area QUAD CITY INTERNATIONAL AIRPORT (MLI) Runway Safety Workgroup meetings were held to address frequent RIs following a construction project. Short and me- dium term goals were implemented including airfield mark- ings and controller phraseology which have greatly reduced the number of RIs. Longer term goals are being evaluated, including the possibility of shortening or closing a runway to improve airfield geometry. JOPLIN REGIONAL AIRPORT (JLN) A site visit by the regional office to the JLN ATCT noted un- usual phraseology being issued to pilots in the area of Hot Spot 1. The ATM noted that pilots often become confused by the unusual geometry in that area. Of greater concern was the potential for pilots to attempt a departure on the wrong runway with only 2500 feet remaining. Analysis of safety data revealed that ATC had stopped aircraft that had lined up on the wrong runway eight times. On another six occasions, pilots had become lost and asked for direction. Using this data, an RSAT in 2012 created over 20 action items for the airfield. Working with the Office of Airports and the airport, major geometry changes were planned and are presently under construction. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 42 Figure 25. Joplin Regional Airport Hot Spots WICHITA DWIGHT D. EISENHOWER NATIONAL AIRPORT (ICT) The airport is building a new terminal that will open in 2015. The location of the new terminal is in an area of the airfield with potentially confusing geometry issues. In addition, there are three access points that could allow direct access to runways during taxi-out, which could result in RIs. Short taxi distance and direct access to the runway from the ramp can also lead to incursions. The Runway Safety Regional Office took a proactive approach to try to mitigate potential risks before the opening of the new terminal. Of particular con- cern was the Taxiway C2 that allowed direct access from the new ramp to the intersection of Runways 14-32 and 1L-19R. Working with the airport and the Office of Airports, a project was initiated to remove a portion of Taxiway C2, eliminating the potential for a wrong turn to inadvertently allow an air- craft to access a runway/runway intersection area. DOWNTOWN SHREVEPORT (DTN) On September 4, 2014, a focused meeting was held at DTN to address seven V/PDs that occurred in a three month span. Representatives in attendance included RS, FSDO, the Office of Airports, local ATC, Shreveport Airport Authority and Lou- isiana State Aviation Department. The following problems were identified: gates with questionable keypad security, piggy-backing through gates, lack of plain language sig- nage, inadequate driver training, and tenant education re- garding visitor admittance. In response, DTN planned new gates and cameras for installation, briefed tenants on new rules and requirements, mandated driver training for ob- taining an airport access badge and installed plain language signage at gates and movement areas. DALLAS-LOVE FIELD (DAL) A consistent mix of OIs, V/PDs and PDs occurred at various locations throughout the airport in 2012 and 2013. As of 2014, PDs occurred exclusively at the hold short lines for Runways 13L and 13R, with 13 of the 16 RIs occurring at Runway 13L at Taxiway A. Several mitigations have been implemented: DAL personnel corrected an off-airport power supply issue affecting in-pave- ment RGLs. The RSG designated and published a Hot Spot and published a FAAST Blast. DAL circulated posters and fly- ers depicting the intersection and warning pilots of the un- expected location of the hold position markings. The FBOs were also asked to attach the flyers to fuel receipts to increase awareness for itinerant pilots. Figure 26. Dallas-Love Field Hot Spot HOUSTON-DAVID WAYNE HOOKS MEMORIAL (DWH) After experiencing 16 RIs and four surface incidents, the Regional Runway Safety Program Manager convened a SFRSAT in FY2014. Following the RSAT, the following fixes were applied: The airport distributed a memo in January 2015 addressing in- creased V/PDs to property owners and tenants. Gate codes were changed to keep unauthorized personnel off the air- port grounds. A driver training template was adopted and an emergency response agreement was established with outside responders. To mitigate point-of-view errors attributable to confusion, vehicle-relevant plain language is being added to airfield guidance signs. Taxiway Q was designated and marked at the north end of Runway 17L. Trees and brush were removed which obstructed visibility to parts of Runway 35L and Taxi- way G. In addition, fence improvements and better manage- ment of entry points helped improve operations. All surface painted hold position markings (SPHPM) on the airport have been refreshed and the approach hold desig- nations on either side of Runway 17L have been modified to runway hold designation. “Delta Ramp” and “The Triangle” non-movement areas have also been designated and marked. NC-3, 0 2 A P R 2 015 t o 3 0 A P R 2 015 NC -3 , 0 2 A P R 2 015 t o 3 0 A P R 2 015 Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 43 ADDISON AIRPORT (ADS) ADS Airport experienced seven RIs in FY2014. Of these, five were PDs, one was a V/PD and one was an OI. All five PDs resulted from aircraft back-taxiing related to construction. ADS airport has a la-Figure 27. Addison Airport Hot Spotstent geometry RI haz- ard in runway hold position locations that jut partially out into the parallel taxiway. The airport, originally designed for Group II aircraft, was recon- figured after Group III operations increased, and the taxiway dis- tance from the run- way does not meet Group III design stan- dards. To resolve the issue, nine hot spots were designated, cor- responding to the hold position markings at each taxiway. Runway Safety has recently submitted Hot Spot updates wherein the location of the SPHPMs will be depicted on the diagram. Additionally, the ATCT is actively engaged with the local pilots and tenants through a monthly newsletter and hosted a Pilot/Controller Forum in January in conjunction with FAAST. The forum developed a theme of “miscommu- nications” after observing multiple surface events related to communication breakdown between pilots and controllers. To date in FY2015, ADS has not experienced a single RI. The V/PD trends appear to have been mitigated by initiatives conducted in previous years. 5.6.3 Western Service Area MERRILL FIELD (MRI) The airport experienced a high number of V/PDs by tenants and others who routinely access the airfield. A regional fo- cus RSAT meeting developed some critical action items for improving this situation. FAAST and the RSPM will work together to talk with all tenants, lease holders and FBOs at the airport. Their goal is to develop an understanding of the safety issues for all users of the airfield and to present best practices for the proper control of on-airport activities. In addition, the airport will pursue a pilot outreach program through pilot meetings and pamphlets. Finally, the airport will coordinate, develop, and distribute two separate post- ers that raise the awareness of airport pedestrians and ve- hicle operators. ANCHORAGE INTERNATIONAL AIRPORT (ANC) The RSPM conducted a coordinated engagement of the FAA ATO, The Office of Airports and Flight Standards, as well as the airport operator, to develop an improvement strategy to address procedural compliance. The airport will conduct best practices training to address operational issues and provide refresher training for airport employees, and the airport operations team will ensure complete and effective NOTAM processing for construction projects. JUNEAU INTERNATIONAL AIRPORT (JNU) The airport is preparing to start a construction project that will close an active runway and use the parallel taxiway as the runway. Knowing the critical nature of the proposed changes at Juneau, the RSPM developed an action plan through coordination with the FAA Terminal District Manag- er, the FAA Facility Manager and the airport. A site-specific construction animation tool for the FAA Air Traffic Control- lers will be developed as a training aid, the ACAC airport construction diagrams will be developed, weekly construc- tion updates will be published and all parties will be contin- ually engaged via meetings. HONOLULU INTERNATIONAL AIRPORT (HNL) AND VAN NUYS AIRPORT (VNY) The Runway Safety Regional Office conducted RSATs during FY2014 at these airports. At HNL, the office conducted a focus RSAT that developed five significant action items, in- cluding development of a pilot outreach program, changes to the airport surface markings and signage and a study of the distribution of duties and responsibilities in the tower. The action items included out-of-date movement areas, distribution of tower duties and responsibilities, pilot per- formance issues, close proximity of Runways 4L and 4R and elevated boundary signs on the taxiways between Runways 4L and 4R. PHOENIX DEER VALLEY AIRPORT (DVT) In response to RSG recommendations, air traffic initiated a test where ground control would provide runway cross- ing instructions to pilots. Prior to the test, the landing pilot may experience three frequency changes in a short and critical area of their taxi route. The test was successful and reduced the number of RIs for pilots crossing the runways to nearly zero. 5.7 Runway Safety Tracking System (RSTS) The RSTS is a system of records that stores and tracks RSG events, action items, and other information. It is a comprehen- Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 44 sive repository of Runway Safety Program events, actions, and runway safety action plans from various sources, including re- gional and LRSATs. To date the RSTS has been used to manage in excess of 9,827 action items that were developed to reduce the number and severity of surface events which include RIs, REs, and surface incidents. During FY2013 and FY2014, the Runway Safety Program successfully tracked to completion a total of 889 action items. 5.8 Runway Safety Areas (RSAs) An RSA is a defined surface surrounding the runway that is prepared or suitable for reducing the risk of damage to air- craft in the event of an RE. Beginning in 2000, FAA commenced a program to improve all RSAs at commercial service airports to meet current standards to the extent practicable. In 2006, Congressional legislation required completion of these improvements by December 31, 2015. Working with airport sponsors and with support of Airport Improvement Program grant funding, RSA improvements are complete for approximately 528 of 619 runways requiring improvement by 2015. See Figure 28 for the FY2013 – FY2015 schedule. Several different lines of business — the Office of Airports, Technical Operations and Air Traffic Services — are involved with RSAs, and most had orders and written guidance on how to operate in them. Since universal guidance did not exist, the different lines of business’ interpretations and re- quirements were, in many cases, at odds. The RSG found that confusion and disagreement has existed for years on what can be in an RSA. A critical success for ATO was the SRM panel convened on De- cember 2-3, 2014 that brought the Office of Airport, Air Traffic, and Technical Operations organizations together to jointly clarify “how to” appropriately access the RSA. This particular element will, in the end, resolve most of the RSA confusion. 5.9 Hot Spots ICAO defines a hot spot as “a location on an aerodrome movement area with a history or potential risk of collision or RI, and where heightened attention by pilots and drivers is necessary.” Identifying hot spots makes it easier for users of an airport to plan the safest possible path of movement. Hot spots also call attention to potentially confusing airport areas so pilots can exercise extra care. Planning is a crucial safety activity for airport users, both pilots and air traffic controllers alike. By making sure that aircraft surface movements are planned and properly co- ordinated with air traffic control, pilots add another layer of safety to their flight preparations. Proper planning helps avoid confusion by eliminating last-minute questions and building familiarity with known problem areas. Beginning in August 2009, FAA reduced the time it takes to chart current hot spots by working with the Charting and Aeronautical Navigation Division and using their web portal to enable instant downloads of airport hot spot information. In 2014, Runway Safety spearheaded a successful effort to enhance the charted depiction of hot spots related to the location or specific placement of runway hold lines. 5.10 Safety Alerts for Operators A Safety Alert for Operators (SAFO) contains important safe- ty information and may include recommended action. SAFO content is valuable to air carriers in meeting their statutory duty to provide service with the highest degree of safety in the public interest. Besides the specific action recommend- ed in a SAFO, an alternative action may be as effective in ad- dressing the safety issue named in the SAFO. For example, an August 2, 2013 SAFO addressed safety concerns and tech- niques when using a runway as a taxiway. FAA Flight Stan- dards published 10 alerts in FY2013 and 7 more in FY2014. 5.11 Wildlife Hazards The FAA encourages all certificated airports to conduct Wild- life Hazard Assessments (WHAs), even if the airport has not experienced a Part 139 triggering event. The FAA requires airport sponsors to maintain a safe operating environment which includes conducting WHAs and preparing Wildlife Hazard Management Plans when wildlife strikes occur. The Wildlife Hazard Management Plan identifies specific actions the airport will take to mitigate the risk of wildlife strikes on or near the airport. Wildlife hazards and runway safety inte- grate closely because wildlife strikes represent a significant risk in the NAS. Wildlife hazard mitigation strategies have proven success- ful in recent years. Professional wildlife hazard programs at nearly every Part 139 commercial service airport are likely responsible for the decline in reported strikes with damage within the airport environment (less than 500 feet above ground level) from 2000 to 2011 despite continued increases in populations of many large bird species (see Figure 29). Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 45 Fi g u r e 2 8 . A i r p o r t I m p r o v e m e n t P l a n ( A I P ) F u n d e d R S A s S c h e d u l e d i n F Y 2 0 1 3 – F Y 2 0 1 5 FY 2 0 1 3 Lo c a t i o n Ru n w a y Re g i o n Ci t y St a t e ID ID AA L Ju n e a u AK JN U 8/ 2 6 AA L Si t k a AK SI T 11 / 2 9 AE A Fa r m i n g d a l e NY FR G 1/ 1 9 AE A Te t e r b o r o NJ TE B 1/ 1 9 AE A Tr e n t o n NJ TT N 6/ 2 4 AG L Mi l w a u k e e WI MK E 01 L / 1 9 R AG L Mi l w a u k e e WI MK E 07 R / 2 5 L AG L Co l u m b u s OH OS U 09 R / 2 7 L AG L Ro c k f o r d IL RF D 7/ 2 5 AG L Sp r i n g f i e l d IL SP I 4/ 2 2 AG L Th i e f R i v e r F a l l s MN TV F 13 / 3 1 AN E Bo s t o n MA BO S 15 R / 3 3 L Br i s t o l / J o h n s o n / AS O TN T R I 9/ 2 7 Ki n g s p o r t Be a u m o n t / P o r t AS W TX BP T 12 / 3 0 Ar t h u r Be a u m o n t / P o r t AS W TX BP T 16 / 3 4 Ar t h u r AS W Da l l a s TX DA L 13 L / 3 1 R AS W La f a y e t t e LA LF T 04 R / 2 2 L AW P Bu r b a n k CA BU R 15 / 3 3 AW P Gr a n d C a n y o n AZ GC N 3/ 2 1 AW P Hi l o HI IT O 3/ 2 1 AW P Ka i l u a / K o n a HI KO A 17 / 3 5 AW P Li h u e HI LI H 3/ 2 1 AW P Pr e s c o t t AZ PR C 03 / R / 2 1 L FY 2 0 1 4 Re g i o n Ci t y St a t e Lo c a t i o n ID Ru n w a y ID AA L Ad a k I s l a n d AK AD K 18 / 3 6 AA L Di l l i n g h a m AK DL G 1/ 1 9 AA L Un a l a s k a AK DU T 12 / 3 0 AA L No m e AK OM E 3/ 2 1 AC E Hu t c h i n s o n KS HU T 4/ 2 2 AC E Hu t c h i n s o n KS HU T 13 / 3 1 AE A Ba l t i m o r e MD BW I 15 R / 3 3 L AE A Ne w a r k NJ EW R 11 / 2 9 AE A Ne w Y o r k NY LG A 13 / 3 1 AG L Cl e v e l a n d OH BK L 06 L / 2 4 R AG L Ba t t l e C r e e k MI BT L 05 L / 2 3 R AG L Ca h o k i a / S t . L o u i s IL CP S 12 R / 3 0 L AG L Ev a n s v i l l e IN EV V 4/ 2 2 AG L Si o u x F a l l s SD FS D 3/ 2 1 AG L Ga r y IN GY Y 12 / 3 0 AG L Ch i c a g o IL OR D 09 R / 2 7 L AG L Ro c h e s t e r MN RS T 13 / 3 1 AN E Bo s t o n MA BO S 15 L / 3 3 R AN E Ru t l a n d VT RU T 1/ 1 9 AS O Sa n J u a n PR SJ U 13 / 3 1 AS W Fo r t W o r t h TX AF W 16 L / 3 4 R AW P Fr e s n o CA FA T 11 L / 2 9 R AW P La h a i n a HI JH M 2/ 2 0 AW P La n a i C i t y HI LN Y 3/ 2 1 AW P Sa n D i e g o CA SA N 9/ 2 7 AW P Sa n F r a n c i s c o CA SF O 10 L / 2 8 R AW P Sa n F r a n c i s c o CA SF O 10 R / 2 8 L AW P Sa n t a R o s a CA ST S 1/ 1 9 Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 46 FY 2 0 1 5 Re g i o n Ci t y St a t e Lo c a t i o n ID Ru n w a y ID AA L Ad a k I s l a n d AK AD K 5/ 2 3 AA L Ko d i a k AK AD Q 7/ 2 5 AA L Ko d i a k AK AD Q 18 / 3 6 AA L Ga l b r a i t h L a k e AK GB H 12 / 3 0 AA L No m e AK OM E 10 / 2 8 AA L Pr o s p e c t C r e e k AK PP C 18 / 3 6 AE A Ba l t i m o r e MD BW I 15 L / 3 3 R AE A Wa s h i n g t o n DC DC A 15 / 3 3 AE A Wa s h i n g t o n DC DC A 4/ 2 2 AE A Ne w Y o r k NY JF K 04 L / 2 2 R AE A Ne w Y o r k NY JF K 13 L / 3 1 R AE A Ne w Y o r k NY LG A 4/ 2 2 AE A Ph i l a d e l p h i a PA PH L 9R / 2 7 L AN E Br i d g e p o r t CT BD R 6/ 2 4 AN E Br i d g e p o r t CT BD R 11 / 2 9 AN E Pr o v i d e n c e RI PV D 16 / 3 4 AN M De n v e r CO BJ C 11 L / 2 9 R AS W Tu l s a OK TU L 18 R / 3 6 L AW P Cr e s c e n t C i t y CA CE C 11 / 2 9 AW P Cr e s c e n t C i t y CA CE C 17 / 3 5 AW P Ho n o l u l u CA HN L 04 R / 2 2 L AW P Lo s A n g e l e s CA LA X 06 L / 2 4 R AW P Lo s A n g e l e s CA LA X 06 R / 2 4 L AW P Lo s A n g e l e s CA LA X 07 L / 2 5 R AW P Me r c e d CA MC E 12 / 3 0 AW P Mo n t e r e y CA MR Y 10 R / 2 8 L AW P Oa k l a n d CA OA K 09 R / 2 7 L AW P Oa k l a n d CA OA K 11 / 2 9 AW P Oa k l a n d CA OA K 09 L / 2 7 R AW P Sa n F r a n c i s c o CA SF O 01 L / 1 9 R AW P Sa n F r a n c i s c o CA SF O 01 R / 1 9 L AW P Sa n t a R o s a CA ST S 14 / 3 2 Figure 29. Wildlife Strikes to Civil Aircraft in the U.S., 1990-2013 A proposed rule that requires mandatory WHAs is currently on hold because of the success of voluntary efforts by air- ports to complete the assessments and to develop Wildlife Hazard Management Plans. All Part 139 airports have com- pleted or initiated a WHA. A key measure for tracking the hazards associated with wildlife is the level of reporting for wildlife strikes at airports. The FAA estimates that 39 percent of all wildlife strikes are currently reported. The FAA recent- ly updated a study to determine the latest reporting rates based on data from 2010 to 2013. 5.12 Aviation Safety Standdown The FAA-sponsored Aviation Safety Standdown incorporates thousands of aviation safety seminars throughout the coun- try each year. “Building a Safety Community” was the theme for the 2014 FAAST Safety Standdown. Some 700 corporate pi- lots annually participate in Runway Safety’s Bombardier Safety Standdown held in Wichita, KS. These interesting and informa- tive seminars include important safety topics designed to re- duce risk and increase the level of safety in aviation operations, particularly in the GA community. 5.13 Safety Technology Initiatives Research and development of new systems are fundamental to the enhancement of surface safety for the FAA. Evolving technology creates opportunities for the introduction of new systems targeted at mitigating specific risks. The fol- lowing pages outline current initiatives under development. 5.13.1 Engineered Materials Arresting System (EMAS) The EMAS provides a safety enhancement on runway ends where there is not enough level, cleared land for a standard RSA. The purpose is to stop an aircraft overrun with no human injury and minimal aircraft damage (usually none). The loss of energy required to crush the EMAS material slows the aircraft. It is intended to stop aircraft that overshoot a runway when there is an insufficient free space for a standard RSA. An EMAS is a bed of engineered materials built at the end of a runway. Engineered materials are defined as “high energy absorbing materials of selected strength, which will reliably and predictably crush under the weight of an aircraft.” While the current technology involves lightweight, crushable con- crete blocks, there is no regulatory requirement that this material be used for EMAS. To date, EMAS has a 100 percent success rate. Today, EMAS is installed at 83 runway ends at 53 airports in the U.S. Since 1999, EMAS has successfully arrested nine aircraft overruns at seven different airports. The most recent save occurred at Palm Beach International Airport in West Palm Beach, FL in October 2013. Recent EMAS installations include Memphis, TN; Burke Lakefront in Cleveland, OH; San Francisco, CA; T.F. Re p o r t e d S t r i k e s w i t h D a m a g e Terrestrial Mammals, Bats, Reptiles Birds 800 700 600 500 400 300 200 100 0 19 9 0 19 9 1 19 9 2 19 9 3 19 9 4 19 9 5 19 9 6 19 9 7 19 9 8 19 9 9 20 0 0 20 0 1 20 0 2 20 0 3 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 47 Green in Providence, RI; Addison, TX; and Reagan National in Arlington, VA. 5.13.2 Airport Signs, Marking and Lighting The Office of Airports updates standards for runway marking, signs and airfield lighting. Advisory Circular 150/5340-1L (Sep- tember 2013) modifies and clarifies several airfield marking standards that promote safer airfield operations: • Taxiway edge marking at entrance taxiways • Ramp control markings • Marking criteria for intersecting runways • Intermediate holding position marking for taxiway/taxiway intersections A significant number of V/PDs and other airport hazards ap- pear to be construction-related. Contractor personnel and vehicles, increased airfield activity, and temporary airfield changes create risks for V/PDs. The Office of Airports contin- ue to work with the ACAC to eliminate runway safety risks associated with construction activities. One initiative from the ACAC is the use of orange airfield signs to identify recent or temporary airfield changes during construction periods is an important initiative that can increase runway safety. The Office of Airports is working with the William J. Hughes Tech- nical Center to evaluate the use of these signs at John F. Ken- nedy International Airport (JFK). Also, plans to test signs at Los Angeles International Airport (LAX) are being discussed. These signs were previously and successfully tested at Islip, NY (ISP), Chicago O’Hare (ORD), Portland (PDX), Providence, RI (PDV) and Orlando Sanford (SFB) airports. The FAA ex- pects to publish standards for their use in 2015. Figure 30. JFK Sign Image The Office of Airports is also conducting research and development through the Technical Center in an effort to standardize signage and markings for protected areas surrounding runways. This includes approach and depar- ture surfaces and RSAs. Currently, ATC phraseology and movement area procedures concerning these areas vary from airport to airport, leading to potential confusion and uncertainty for vehicle drivers and pilots. The study is eval- uating new signage and markings at Chicago O’Hare Inter- national Airport (ORD), Cleveland Hopkins International Airport (CLE) and Nashville International Airport (BNA). A final report with signage and marking recommendations will be available in 2015. 5.13.3 Research and Emerging Technologies The Airport Technology Research Program encompasses a diverse portfolio of airport safety-related programs that in- clude visual guidance, airport capacity, airport design, surface traction, and wildlife and foreign-object-debris hazards, as well as ARFF. Current research includes work on several run- way safety subject areas such as wildlife hazards and EMAS. In wildlife hazards, research focuses on the assessment of de- tection systems and their integration approaches to reducing wildlife strikes with aircraft. The goal is to help integrate re- search findings into airport operations, the air traffic control environment, and the aviation industry as a whole. The FAA continually promotes investigation into ways to mitigate run- way safety risks. These efforts take place both in-house and in partnership with external organizations such as the Uni- versity of Virginia Center for Risk Management, MITRE Corpo- ration, the U.S. Department of Transportation’s Volpe Center and other groups located both in the U.S. and abroad. 5.13.4 NextGen and Runway Safety NextGen is a comprehensive overhaul of the NAS to provide increased capacity and better operational performance. NextGen will reduce congestion and meet projected de- mand in an environmentally sound manner. In a continuous rollout of improvements and upgrades, the FAA is building the capability to safely guide and track air traffic more pre- cisely and efficiently, in turn providing multiple benefits to passengers and operators. NextGen is a necessary evolution of the air transportation system in the U.S. Traffic is forecast to increase steadily over the coming decades. NextGen will make travel more pre- dictable and efficient. For passengers, this will translate to dependable, safe, and secure air travel in all of its phases. For operators, this will translate to more optimized flight op- erations with improved predictability, reduced carbon foot- print, fewer delays and lower cost. In addition to these gains in operational efficiencies, NextGen will also help prevent surface and airborne incidents because advanced safety management features will enable the FAA, with other gov- ernment agencies and aviation partners, to better predict and identify risks and resolve hazards. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 48 5.13.5 Improved Runway Safety Situational Awareness for Pilots and Controllers Enhanced surface displays, which alert controllers when an RI is imminent and provide pilots greater awareness of their location on the airport surface, are being developed and de- ployed to improve runway safety. 5.13.6 Improved Runway Safety Situational Awareness for Controllers At 28 large airports, current controller tools provide surface displays and can alert controllers when aircraft taxi into ar- eas where an RI could result. Additional ground-based capa- bilities, including ASDE-X, and multilateration systems that provide target position of all transponder-equipped aircraft and Automatic Dependent Surveillance Broadcast (ADS-B) equipped ground vehicles on the airport surface movement area, as well as aircraft flying within five miles of the airport, will be developed for display in the airport control tower. 5.13.7 Improved Runway Safety Situational Awareness for Pilots Runway safety operations are improved by providing pi- lots with greater awareness of their location on the airport surface as well as RI alerting capabilities. Electronic Flight Bags (EFB) that include a moving map system will increase situational awareness, thus reducing the likelihood of RIs in low-visibility conditions, such as darkness or heavy precip- itation. The FAA has approved the moving map system for use. The Advisory Circular 120-76C, Guidelines for the Certifi- cation, Airworthiness, and Operational Use of EFBs (May 2014) provides guidance to operators and flight crews for transi- tioning from the paper materials in a traditional flight bag to electronic formats. The FAA and industry are partnering to develop a taxi ben- efit for aircraft equipped with certified enhanced vision sys- tems. Currently, Enhanced Flight Vision System-equipped operators can use their systems only for approved situation- al awareness and safety while on the ground. Some oper- ators have requested that they be authorized taxi benefits when their company’s weather minimums are lower than an airport’s weather operating minimums and if their aircraft are equipped with the systems. The FAA is evaluating the feasibility of this request in concert with other activities re- lated to improved low-visibility surface operations. FAA Flight Standards collaborated with MITRE on their Low- Cost RI Prevention project directed at reducing or eliminat- ing RIs by GA aircraft. It is an application on a mobile device such as a smartphone that uses speech recognition to cap- ture the “hold short” instructions communicated by the con- troller then presents these same instructions on the hand- held device’s display panel. It watches speed and heading, and when it appears the aircraft is not going to stop at the hold line, the application issues a warning, both audibly and on the display. After testing the system with 100 members of the AOPA between November 2011 and January 2012, MITRE and FAA decided to allow the software to be available for commercial software developers. Today, aviation applica- tion vendor ForeFlight has added the software into its own ForeFlight Mobile application, and several other vendors are considering doing the same. 5.13.8 Runway Status Lights (RWSL) RWSL integrates airport lighting equipment with approach and surface surveillance systems to provide a visual signal to pilots and vehicle operators indicating that it is unsafe to en- ter, cross, or begin takeoff on a runway. In July 2013, the FAA’s Joint Resources Council (JRC) approved the reduction in the number of airports that would receive a RWSL system from 23 to 17. Those six sites not approved for RWSL will be addressed in a second phase of the program in which the agency will an- alyze technology and non-technology alternatives to directly Figure 31. Airports with Enhanced Surface Displays Airports ATL DTW LAX PHL BOS FLL LGA PHX BWI EWR MCO SAN CLT IAD MEM SEA DCA IAH MIA SFO DEN JFK MSP SLC DFW LAS ORD Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 49 address RIs through the SSIT and CARA processes. Since the program re-baseline, the RWSL program has made steady progress with installations complete at Orlando (MCO), Washington Dulles (IAD), Phoenix (PHX), Houston (IAH), Se- attle (SEA), Las Vegas (LAS), Charlotte (CLT), and Minneapolis (MSP). The remaining systems will be deployed by 2017. The effectiveness of this system is illustrated by a recent event at Seattle-Tacoma International Airport where a crossing air carrier flight crew saw the red RWSL lights and stopped short of the hold line for a runway on which another air car- rier had mistakenly begun a departure roll. 5.13.9 Integrated Safety Assessment Model (ISAM) The ISAM is an integrated pilot and controller model, utiliz- ing safety modeling techniques known as Event Sequence Diagrams. These isolate and describe the sequence of events that occur at airports with surface surveillance sys- tems that led to an accident or serious incident. Integrated Event Sequence Diagrams define fault trees, which explicitly depict the underlying events that were necessary for the in- cident to occur. The ISAM has defined the Event Sequence Diagrams which denote RIs and is working to identify the causality of the events utilizing this methodology. Currently, the ISAM can only be applied to airports with a surface sur- veillance system in operation. The ISAM has two goals: • To provide the risk baseline of the current NAS against which the risk of future system changes can be measured • To forecast the risks and safety impacts of implementing sur- face safety changes Data derived from air traffic and airport operations, engi- neering, and safety risk assessments sources will provide Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 50 Figure 32. Runway Status Lights Deployment Schedule Site Initial Operating Capability No Later Than Date (to support Operational Ready Date) JRC Rebaseline Waterfall Date (Acquisition Program Baselines Last Site Operational Readiness Date – Sept 2017) MCO 7/29/2011 (Complete)8/14/2013 (Complete) IAD 7/24/2013 (Complete)7/21/2014 (Complete) PHX 8/21/2013 (Complete)3/11/2014 (Complete) IAH 9/12/2013 (Complete)4/9/2014 (Complete) MSP 1/16/2014 (Complete) Q1, FY15 (Delayed because the site technical ops was not able to complete the ILC replacement due to Chicago Air Route Traffic Control Center work moratorium) SEA 3/12/2014 (Complete)8/20/2014 (Complete) LAS 4/30/2014 (Complete)10/17/2014 (Complete) CLT 11/20/2014 (Complete)Q2, FY15 (At risk due to the site operating on the essential power and not on critical power) FLL 1/15/2015 (Complete)Q2, FY15 ORD Q1, FY15 (Currently projecting November 2015 based on delays of light installations by the City of Chicago)Q3, FY15 DTW Q1, FY15 (Currently projecting June 2015 due to limited available Technical Operations support, travel funding constraints, and avoiding winter ILC work)Q3, FY15 LGA Q1, FY15 (Currently projecting April 2015 due to limited available Technical Operations support for optimization, travel funding constraints for tech certification training, access issues, and avoiding completing CAI punch list items during winter) Q3, FY15 LAX Q3, FY15 Q1, FY16 EWR Q4, FY16 Q2, FY17 BWI Q1, FY17 Q3, FY17 JFK Q1, FY17 Q3, FY17 SFO Q1, FY17 Q3, FY17 insight into current system vulnerabilities and help plan fu- ture mitigation requirements. 5.13.10 Surface Navigation for Aviation Professionals FAA’s Flight Standards Service developed the Surface Navi- gation for Aviation Professionals Action Plan. Its actions are aimed at: • Improving pilot knowledge • Improving airmen awareness of the elements that can in- duce an RI • Initiating a new FAA enforcement remedial training process for GA pilots who cause RIs The process, based upon a national baseline RI curriculum, employs the services of DPEs and CFIs. The FAA’s Flight Standards Division continues to develop mitigations to avoid REs, through its participation in Take- off and Landing Performance Assessment (TALPA). In Jan- uary 2013, the Office of Airports, Flights Standards and Air Traffic lines of business agreed to a TALPA implementation package. This package will encourage the voluntary use of standard terminology and procedures for communicating runway conditions among airports, air traffic, aircraft man- ufacturers and pilots. Flight Standards is also developing a non-regulatory meth- od to include specific FAA areas of concern relative to GA accidents, i.e., avoidance of both an RI and an RE, and other areas of concern. 5.14 Runway Safety Outreach & Multimedia Safety promotion is an important component of an SMS that focuses and maintains attention on safety from various airport users such as airport operators, pilots, and air traf- fic controllers. During the FY2013 – FY2014 time frame, the FAA began to transition runway safety outreach efforts from those based on printed materials and CDs to an emphasis on portable devices and mobile applications. Runway safe- ty promotion products (videos, presentations, playbacks, interactive mobile applications) are available online for out- reach activities. 5.14.1 Outreach The FAA supported numerous industry events to raise awareness of pilots, controllers, and drivers of the risks as- sociated with surface operations, as well as identifying best practices and other guidance. These events included: EAA Airventure, NBAA Annual Convention, Bombardier Safety Standdown, AAAE Runway Safety Summit, DPE training, and the ASIAS InfoShare Conference, Cessna Single Pilot Safety Standdown, Cessna Owner’s Conference, Mid America Avia- tion Symposium. Thousands of pilots, mechanics, dispatch- ers and aviation professionals have been exposed to the runway safety message at these events. Runway Safety Program 2014 EAA AirVenture Oshkosh Booth 5.14.2 Runway Safety Sourcebook In FY2014, the FAA developed a web-based outreach toolkit called the Runway Safety Sourcebook. The Runway Safety Sourcebook is available to all FAA employees online. The sourcebook provides FAA leaders with materials and infor- mation on runway safety topics to be used in outreach, con- ferences, and meetings. This allows all FAA employees to be advocates for the Runway Safety Program, with consistent, up-to-date message and data. A QA Safety Bulletin specifically discussing runway safety and taxiing on runways was published in June 2014 and linked to the Runway Safety Sourcebook. ACCOMPLISHMENT Fix: QA Safety Bulletin: Taxiing on Runways: June 2014 5.14.3 Runway Safety Mobile — Runway Excursions The RE Support Tool is a mobile website consisting of a collection of videos and reference materials that articu- late a shared responsibility for preventing REs. REs consti- tute the majority of runway accidents and fatalities. The Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 51 RE Support Tool was developed through a collaboration between FAA, NATCA and CANSO. In December 2014, the tool was updated to address hazards involved during winter operations. On March 24, 2014, the FAA launched the REs mobile website on the FAA web subdomain, http://runwayexcursions.faa.gov/. Runway Excursion Support Tool 5.14.4 Runway Safety Challenge The Runway Safety Challenge is an innovative way of gather- ing information on the types of safety-related materials that pilots and vehicle drivers need the most. To participate, users take an interactive electronic quiz and assessment of runway safety knowledge through the runway safety website: http:// www.faa.gov/airports/runway_safety/equiz/. Each question consists of an image and four possible answers. All infor- mation provided is anonymous. By tracking responses, the information helps the RSG understand the gaps in runway safety knowledge for emphasis in future education and training initiatives. Hundreds of stakeholders participate an- nually on their own time and at industry conferences, safety briefings, airport open houses, fly-ins, flight instructor re- fresher clinics (FIRCs) and other gatherings. The runway safety staff also uses a quiz system developed by Turning Point Technologies that tests knowledge of run- way signs, markings, and lighting. The quiz is usually admin- istered at industry trade shows and FIRCs. This data is then collected and analyzed to measure the competence and knowledge levels of pilots across the NAS. The RSG regularly produces animations of known surface safety events that airlines, flight schools, and others are us- ing in their pilot recurrent training efforts to raise awareness about common safety pitfalls so that flight crews can miti- gate risk during flight operations. Runway Safety Challenge Quiz 5.14.5 FAA Design Competitions for Universities 2014-2016 The FAA recently selected winners for its eighth annual De- sign Competition for Universities. Top honors went to stu- dent teams from the University of Rhode Island, the Univer- sity of Colorado Boulder and Roger Williams University. FAA Design Competition for Universities Winners FY2013 and FY2014 Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 52 The competition seeks to engage students at U.S. colleges and universities in addressing issues facing airports while providing quality educational experiences and exposure to aviation and airport-related careers. Students were invited to propose in four technical challenge areas: airport opera- tions and maintenance, runway safety, airport environmen- tal interactions and airport management and planning. The competition requires that students work with a faculty ad- visor and that they reach out to airport operators and to in- dustry experts to obtain advice and to assess the practicality of their proposed designs/solutions. This competition is managed for the FAA by the Virginia Space Grant Consortium based in Hampton, VA. Partnering orga- nizations are: AAAE, Airport Consultants Council, Airports Council International – North America, National Association of State Aviation Officials and University Aviation Association. Partners assist in developing competition guidelines, pro- viding expert advisors for teams, disseminating competition information to organizational members and participating in design reviews. Panels of FAA, industry and academic experts selected the winning proposals. Students from winning teams equally divided cash prizes. First place teams received their awards and presented their work at FAA Headquarters in Washing- ton, D.C. In addition, they presented their designs as the lunch keynote speakers at the Airport Consultants Council Airports Technical Workshop in Arlington, VA. Promising de- signs may also have received FAA funding to take their con- cepts to the next stage of development. Copies of designs receiving first, second or third place awards are available at the competition website: http://vsgc.odu.edu/ACRPDesign- Competition/. It will continue to be managed by the Virginia Space Grant Consortium with FAA sponsorship but under the auspices of the Airport Cooperative Research Program of the Transpor- tation Research Board. _____ .,_, ---- Appendix A ATSAP Accomplishments ACCOMPLISHMENT: BOSTON TRACON (A90) NOTAM COORDINATION ISSUE: Ongoing issues since May 2007 have concerned proper and com- plete coordination of airport opening, airport closing, runway opening and runway closing NOTAMs information between Lockheed Martin AFSS facilities and ATO field facilities. The required NOTAM coordination was not being disseminated to Boston TRACON. The NOTAM coordina- tion between Lockheed Martin and ATO field facilities had been a long running issue with many attempts at correcting the problem. The failed/ missing coordination introduced additional risk into the NAS. RESOLUTION: Lockheed Martin personnel were provided training on the correct interpretation of requirements, and the Flight Service Program Of- fice will conduct periodic inspections to monitor compliance. ACCOMPLISHMENT: LIGHT-EMITTING DIODE (LED) LIGHTS ISSUE: ATSAP reports identified a potential safety concern regarding LED surface lighting. Employees at three facilities using LEDs reported problems associated with lighting visibility and runway visual range readings. Mixing LED lights and conventional lights causes system alarms and appears to affect the ambient light sensor which may affect the runway visual range calculation. RESOLUTION: Interim and final corrective action are to update firmware in the LED fixtures to adjust the dimming curve. New LED fixtures have the updated firmware built in. If the original issues persist the implemen- tation of the new standards will need to be assessed by the Office of Air- ports and the FAA Technical Center. ACCOMPLISHMENT: AIR ROUTE TRAFFIC CONTROL CENTER (ARTCC) RADAR DISPLAY IMPROVEMENTS ISSUE: An ARTCC updated its radar displays to provide more relevant information to controllers regarding runway length at area airports. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 55 However, the new airport indicators were scaled to the scope range and became unviewable when the scope was set a larger area range, i.e. 150 miles or more. The presentation scale hindered controllers’ ability to dis- cern emergency use airports. RESOLUTION: The facility revisited the new settings and provided each area the opportunity to agree to use the new settings or return to the older settings based on the area’s needs due to sector arrangements and the typical ranges used for sector operations. ACCOMPLISHMENT: DENVER INTERNATIONAL AIRPORT (DEN) ATCT WIND PHRASEOLOGY ISSUE: At DEN ATCT, controllers previously provided wind advisories as “wind 230@10, Runway 17 right, cleared for takeoff.” Controllers are now instructed to say “threshold” or “departure” in conjunction with the wind issuance. This phraseology confused the pilots and controllers. Many pi- lots asked for clarification on a departure frequency change. Controllers were having issues with giving correct wind phraseology when wind shear is present. This excessive phraseology led to confusion for pilots. RESOLUTION: DEN ATCT is one of the few ATCTs in the country that uti- lizes the Low-Level Wind-Shear Alert System-Network Expansion system. DEN ATCT’s Letter to Airmen already specifies that the wind data provided to departures will be derived from the departure end of the runway, and the wind data provided to arrivals will be derived from the threshold end of the runway. As per guidance from the Western Service Area Operations Support Group, the facility decided to issue wind advisories as they have in the past. DEN terminal controllers were then instructed to revert back to the previous method of issuing the wind by eliminating the requirement to use the terms departure/threshold in conjunction with the issuance of runway winds. ACCOMPLISHMENT: SEATTLE-TACOMA INTERNATIONAL AIRPORT (SEA) TOWER RUNWAY CROSSING ISSUE: Due to tower runway crossing phraseology, pilots were aborting take-off roll for fear of aircraft crossing a runway. RESOLUTION: Four flight safety reports indicated pilot apprehension at hearing runway crossings given while on take-off roll. Although the cross- ings were for aircraft behind, the procedure distracted pilots at a critical flight phase. The reports were collaboratively shared to SEA ATCT. SEA NATCA and SEA ATCT management reviewed runway crossing operations, and they have applied “fine tuning” to crossing phraseology conforming to FAA JO 7110.65 3-7-2, that specifies crossing points to help alleviate pilot concerns. In addition, the reports were shared to the 7110.65 rewrite group, which will use the reports to review changes in crossing phraseology. ACCOMPLISHMENT: LOS ANGELES INTERNATIONAL AIRPORT (LAX) TAXIWAY SIGN ISSUE: A submitter from LAX reported that Taxiway E11 and Taxiway S south of E are quite close together. As a result, aircraft often turn onto Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 56 the wrong taxiway when instructed to turn onto Taxiway S. On numerous occasions, aircraft have come close to clipping wings, especially when larger aircraft are involved. RESOLUTION: New taxiway signage was installed on March 21, 2014, thereby alleviating the issue. ACTIVITY: AIRCRAFT CLEAR OF RUNWAY There is discontinuity between FAA Order 7110.65, AIM and other regu- lations or orders such as SFO Standard Operating Procedure, FAA Order 7220.21 (chg2), when applying separation to a “clear” runway by definition and/or procedure. Air Traffic Services is currently working to fix this issue. ACTIVITY: RUNWAY CONFIGURATIONS-TAILWIND/ CROSSWIND OPS Note: Corrective Action Requests CAR-2011-018 N90 and CAR-2011-024 IAH were closed and combined into CAR-2012-009 RWY Configurations-Tailwind Crosswinds Ops. ISSUE: ATSAP reports indicate situations where aircraft are assigned runways under strong crosswind conditions or tailwinds in excess of ten knots, presenting flight crews with the options of a long delay for the preferred runway, diversion to an alternate airport, or operating at or above their aircraft’s operational limits. The ATC system is further stressed by additional pilot/controller communication and coordination, the issuance of excessive delaying vectors, and airborne holding. The fol- lowing operational issues can occur: go-arounds, longer than expected rollouts, increased controller workload, loss of land and hold short oper- ations, increased runway crossings and aircraft exceeding performance capabilities. Pilots can become conditioned to operate their aircraft in situations which exceed normal operating standards by accepting run- way assignments with a tailwind component. RESOLUTION: The FAAO 8400.9 (11/9/81), National Safety and Opera- tional Criteria for Runway Use Programs is being revised. When finalized, new maximum crosswind/tailwind components will be established, and all the associated AT documents (FAAO 7110.65, 7210.3 and 7050.1B) will be changed to reflect the new requirements for runway selection. Next, Air Traffic Services will direct the ATMs at all Part 139 airports to conduct a Runway Selection Safety Team (RSST) meeting per the fol- lowing directions: 1. The RSST will establish a maximum tailwind/crosswind component for each runway at their respective airport, which will be used by the ATCT to determine the airports runway configuration. 2. Each facility ATM must assess their runway configuration decision making with respect to tailwind/crosswind operations to ensure that the maximum tailwind/crosswind component established by the RSST is correct. 3. Each ATM must advise the Operational Support Group through the district manager when this requirement has been accomplished. Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 57 Appendix B Acronyms AAAE American Association of Airport Executives AAT Alternatives Analysis and Benefits Case Team ACAC Airport Construction Advisory Council ADAR Adapted Departure and Arrival Route ADR Adapted Departure Route ADS-B Automatic Dependent Surveillance Broadcast ADW Arrival Departure Window AFSS Automated Flight Service Station AIM Aeronautical Information Manual AIP Airport Improvement Plan ALPA Air Line Pilots Association AMASS Airport Movement Area Safety System AOPA Aircraft Owners and Pilots Association ARFF Aircraft Rescue and Fire Fighting ASAP Aviation Safety Action Programs ASDE-X Airport Surface Detection Equipment ASIAS Aviation Safety Information Analysis and Sharing ATC Air Traffic Control ATCT Airport Traffic Control Tower ATIS Automatic Terminal Information Service ATM Air Traffic Management ATO Air Traffic Organization ATSAP Air Traffic Safety Action Program CANSO Civil Air Navigation Services Organization CAR Corrective Action Request CARA Comprehensive Airport Review and Assessment Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 59 CARP Comprehensive Airport Review Plan CAST Commercial Aviation Safety Team CEDAR Comprehensive Electronic Data Analysis and Report CFI Certified Flight Instructor CICTT CAST/ICAO Common Taxonomy Team CISP Confidential Information Share Program CRO Converging Runway Operations DPE Designated Pilot Examiner EFB Electronic Flight Bags eLMS eLearning Management System EMAS Engineered Materials Arresting System ERC Event Review Committee E-SCAN Electronic Scan FAA Federal Aviation Administration FAAST FAA Safety Team FBO Fixed Base Operators FIRC Flight Instructor Refresher Clinics FSPO Flight Service Program Office GA General Aviation GIS Geographic Information System IATA International Air Transportation Association ICAO International Civil Aviation Organization ILS Instrument Landing System ISAM Integrated Safety Assessment Model JRC Joint Resources Council LED Light-Emitting Diode LOA Letter of Agreement LRSAT Local Runway Safety Action Team LSC Local Safety Council LUAW Line Up and Wait MBI Mandatory Briefing Item MCDM Multiple Criteria Decision-Making MOR Mandatory Occurrence Report NAS National Airspace System NASA National Aeronautics and Space Administration NATCA National Air Traffic Controllers Association Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 60 NBAA National Business Aviation Association NextGen Next Generation Air Transportation System NOTAM Notices to Airmen NTSB National Transportation Safety Board OI Operational Incident OSA Operational Skills Assessment PD Pilot Deviation PFS Partnership for Safety PRM Precision Runway Monitoring QAP Quality Assurance Program QA/QC Quality Assurance/Quality Control RAE Risk Analysis Event RAP Risk Analysis Process RCAT Root Cause Analysis Team RE Runway Excursions RGL Runway Guard Lights RI Runway Incursions RIAT Runway Incursion Assessment Team RIM Runway Incursion Mitigation RRSAT Regional Runway Safety Action Team RRSS Regional Runway Safety Seminars RSA Runway Safety Area RSAP Runway Safety Action Plans RSAT Runway Safety Action Teams RSC Runway Safety Council RSG Runway Safety Group RSST Runway Selection Safety Team RSTS Runway Safety Tracking System RTCA Radio Technical Commission for Aeronautics RWSL Runway Status Lights SAFO Safety Alert for Operators SFRSAT Special Focus Runway Safety Action Team SID Standard Instrument Departure SMS Safety Management System SPHPM Surface Painted Hold Position Markings S-RAP Surface Risk Analysis Process Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 61 SRM Safety Risk Management SRMD Safety Risk Management Document SSC Safety Standing Committee SSIT Surface Safety Initiatives Team SSR System Service Reviews STARS Standard Terminal Automation Replacement System TALPA Takeoff and Landing Performance Assessment V/PD Vehicle/Pedestrian Deviation WHA Wildlife Hazard Assessment Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 62 Appendix C Runway Incursions by Airport Historical Data Na t i o n a l R u n w a y S a f e t y R e p o r t 2 0 1 3 – 2 0 1 4 63 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 64 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs ALABAMA Birmingham-Shuttlesworth Intl, AL BHM ASO 2004 0 0 6 2005 1 1 0.669460549 1 2006 1 1 2 1.406855607 3 2007 1 1 0.72382469 4 2008 2 2 1.510574018 1 2009 1 1 0.909860154 1 2010 1 1 0.922986044 1 2011 1 1 2 1.862214732 0 2012 1 1 0.963186993 0 2013 1 1 1.02461116 0 2014 1 1 1.061683831 2 Dothan Regional, AL DHN ASO 2010 1 1 1.277645045 0 Huntsville Intl-Carl T Jones Field, AL HSV ASO 2004 0 0 2 2005 0 0 1 2006 0 0 2 2007 0 0 4 2008 2 2 2.220100793 1 2009 2 2 2.598482486 1 2010 1 1 2 2.391086031 0 2011 1 1 1.292473924 1 2013 1 1 1.666416704 0 2014 0 0 3 Mobile Downtown Airport, AL BFM ASO 2006 0 0 2 2009 1 1 2 2.41873065 0 2011 1 5 6 7.717935195 2 2012 8 8 11.24653817 0 2013 7 7 9.349539201 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 65 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 1 4 5 7.889919838 1 Mobile Regional, AL MOB ASO 2006 1 1 0.943262746 4 2007 1 1 1.055230779 2 2012 1 1 1.144701748 0 Montgomery Regional (Dannelly Field), AL MGM ASO 2004 0 0 1 2005 1 1 1.49931781 0 2006 0 0 1 2009 1 1 1.500262546 0 2012 1 1 1.546933977 0 Tuscaloosa Regional, AL TCL ASO 2008 1 1 1.883948757 0 ALASKA Bethel Airport, AK BET AAL 2004 3 3 2.803161967 1 2005 1 1 0.971958983 2 2006 1 1 1.001833355 1 2008 2 2 2.033574312 0 2012 1 1 2 2.0155195 0 2013 3 3 3.127899824 0 2014 4 4 4.51645684 1 Fairbanks Intl, AK FAI AAL 2004 1 2 3 2.403152937 4 2005 2 2 4 3.524694894 9 2006 2 2 1.782594745 7 2007 2 2 1.847216706 7 2008 6 6 5.198045535 1 2009 8 8 6.595490333 3 2010 3 11 14 11.30454443 3 2011 1 3 4 3.324633875 1 2012 1 3 4 3.183218074 1 2013 3 4 7 6.113483725 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 66 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 6 6 4.774561138 2 Juneau Intl, AK JNU AAL 2004 0 0 1 2005 1 1 0.972072361 0 2007 1 1 2 2.112557039 4 2008 1 1 1.122989848 0 2009 2 2 2.36504464 1 2010 1 1 1.114504157 1 2011 1 1 1.030205629 0 2012 4 4 4.622620795 0 2013 5 5 5.363310664 1 2014 2 2 4 4.063512704 2 Kenai Muni, AK ENA AAL 2013 1 1 2.385951517 1 2014 1 1 2.548290097 0 King Salmon Airport, AK AKN AAL 2007 1 1 2.908160298 0 2008 2 2 5.69265363 0 2010 1 1 3.393626769 0 Kodiak, AK ADQ AAL 2004 2 2 6.066856762 2 2005 0 0 2 2011 1 1 2.684635829 0 2014 1 1 2.955868878 0 Lake Hood SPB, Anchorage, AK LHD AAL 2004 1 1 2 N/A 3 2005 1 2 3 N/A 1 2006 0 N/A 9 2007 1 2 3 N/A 4 2008 1 1 N/A 0 2009 4 1 5 N/A 2 2010 1 6 7 N/A 0 2011 2 4 6 N/A 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 67 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 3 3 6 N/A 0 2013 1 1 2 N/A 0 2014 1 4 5 N/A 1 Merrill Field, Anchorage, AK MRI AAL 2004 1 4 5 2.577638471 22 2005 1 1 2 1.064163754 9 2006 0 0 10 2007 0 0 9 2008 1 11 12 6.932328916 1 2009 1 12 13 7.705667222 3 2010 3 6 9 6.224927376 4 2011 1 11 12 8.778924728 3 2012 1 3 4 3.32416418 3 2013 1 9 7 17 12.73875805 5 2014 11 10 21 17.29491118 20 Ted Stevens Anchorage Intl, AK ANC AAL 2004 2 2 4 1.305206141 4 2005 1 3 4 1.275046699 8 2006 3 3 0.984872361 5 2007 1 1 0.332805282 3 2008 3 6 9 3.10135219 1 2009 3 3 6 2.343740845 4 2010 4 2 6 2.205590437 2 2011 2 1 3 1.086440856 0 2012 3 2 5 1.841390029 1 2013 3 4 7 2.642546509 0 2014 6 5 11 4.038475659 2 ARIZONA Chandler Muni, AZ CHD AWP 2004 0 0 1 2005 1 1 0.440237728 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 68 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 1 1 0.37300489 0 2007 0 0 1 2008 2 2 0.786546902 2 2009 1 2 3 1.45793139 0 2010 1 1 0.556764973 0 2011 1 3 4 2.517369852 0 2012 2 3 5 2.631855985 0 2013 1 1 2 0.979652615 0 Ernest A. Love Field, Prescott, AZ PRC AWP 2004 0 0 1 2005 4 4 1.693265038 4 2006 1 1 0.439481236 3 2007 4 4 1.729318432 1 2008 4 3 7 2.740884601 1 2009 9 6 15 5.882306805 1 2010 5 5 10 4.376156946 1 2011 2 3 5 2.007024586 1 2012 6 1 7 2.861054912 2 2013 6 5 11 4.274002409 2 2014 3 3 6 2.167097678 5 Falcon Field, Mesa, AZ FFZ 2004 0 0 2 AWP 2005 2 2 0.77812534 4 2006 0 0 2 2007 6 6 2.095498868 2 2008 1 1 7 5 14 4.262211235 0 2009 2 2 0.719797305 2 2010 1 1 2 0.886721348 0 2011 4 3 7 3.291314222 0 2012 3 7 10 5.396974456 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 69 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 12 4 16 6.580435543 2 2014 8 9 17 6.658858828 4 Flagstaff Pulliam Airport, AZ FLG AWP 2006 0 0 1 2010 1 1 3.094442381 0 Glendale Muni, AZ GEU AWP 2004 0 0 1 2005 1 1 0.775891499 0 2007 0 0 1 2008 1 1 0.713516136 0 2009 1 1 0.865373798 1 2010 4 4 4.897759275 1 2011 1 1 1.073364461 0 2013 1 1 1.400874145 0 Grand Canyon National Park Airport, AZ GCN AWP 2009 1 1 1.083881597 0 2010 1 1 2 2.071959141 0 2012 1 1 2 1.95118144 0 2014 2 2 1.954747593 0 Laughlin/Bullhead Intl, Bullhead City, AZ IFP AWP 2004 0 0 7 2005 1 1 3.522863383 7 2006 0 0 2 2008 1 1 4.52837024 0 2009 1 1 4.734176017 0 2010 2 2 9.602458229 1 2011 1 1 4.413646997 0 2013 0 0 1 2014 1 1 7.377351531 0 Phoenix Deer Valley Airport, AZ DVT AWP 2004 1 1 2 0.559144956 1 2005 1 3 1 5 1.395817572 8 2006 1 1 2 0.501971493 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 70 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 1 1 0.252181369 3 2008 1 1 2 0.545430249 0 2009 1 8 8 17 4.156052435 6 2010 6 2 8 2.167581115 1 2011 8 12 20 6.035421891 7 2012 1 8 10 19 5.296447756 9 2013 7 5 12 3.367475796 6 2014 8 3 11 3.263794725 5 Phoenix Goodyear Airport, Goodyear, AZ GYR AWP 2005 1 1 1.039382191 0 2006 1 1 0.716681478 1 2009 1 1 0.555580248 0 2010 3 3 1.965550452 0 2011 1 2 3 2.115357495 0 2012 2 2 4 2.795756042 0 2013 5 1 6 4.466512324 1 2014 1 1 1.234705091 0 Phoenix-Mesa Gateway Airport, Phoenix, AZ IWA AWP 2004 1 1 0.432636356 2 2005 1 1 2 0.766213069 1 2006 1 4 5 1.818208265 2 2007 1 1 0.333788398 0 2008 5 5 1.957276567 0 2009 2 4 6 3.184459836 1 2010 6 6 3.374008885 0 2011 3 5 8 4.497034768 1 2012 3 11 14 8.440955516 7 2013 2 5 7 4.107450916 1 2014 2 4 6 2.664523206 3 Phoenix Sky Harbor Intl, AZ PHX AWP 2004 4 1 5 0.837960271 7 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 71 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2005 2 2 4 0.714429876 2 2006 2 1 3 0.543755064 1 2007 1 1 0.184795062 0 2008 2 3 5 0.959486636 2 2009 1 6 7 1.520777074 2 2010 1 1 2 0.445295454 3 2011 2 2 4 0.866340922 1 2012 4 2 6 1.320204632 2 2013 4 3 7 1.600384092 3 2014 3 3 6 1.393822116 18 Ryan Field, Tucson, AZ RYN AWP 2004 1 1 0.651177329 0 2010 2 2 1.647337902 0 2011 2 2 4 3.598675687 0 2012 1 1 0.846116747 0 2013 0 0 1 2014 1 1 0.848550675 0 Scottsdale Airport, AZ SDL AWP 2004 1 1 0.496307472 1 2005 1 2 2 5 2.356789675 1 2006 1 1 0.49634196 2 2007 1 1 0.530515236 0 2011 2 5 7 4.964891127 0 2012 2 2 4 2.744594863 8 2014 3 1 4 2.667876104 1 Tucson Intl, AZ TUS AWP 2004 1 1 0.408359945 2 2005 0 0 4 2006 1 1 2 4 1.421575248 1 2007 2 2 0.776617597 1 2008 2 2 0.864326646 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 72 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 9 22 31 17.09034175 2 2010 2 3 5 2.965722183 0 2011 4 7 11 6.945759929 2 2012 2 6 8 5.490960506 1 2013 11 11 7.928899397 2 2014 3 4 7 5.0177413 3 ARKANSAS Adams Field, Little Rock, AR LIT ASW 2004 1 1 2 1.083670174 2 2005 0 0 1 2006 1 1 0.685053503 4 2007 2 1 3 2.114880298 1 2008 1 1 0.763201478 1 2010 1 1 2 1.717829351 0 2012 1 2 3 2.742982536 0 2013 1 1 2 1.940673608 1 2014 1 1 1.117518216 0 Drake Field, Fayetteville, AR FYV ASW 2005 0 0 1 2013 0 0 1 2014 1 1 2.681108907 0 Fort Smith Regional, AR FSM ASW 2004 0 0 1 2007 0 0 1 2009 1 1 2.213613724 1 2010 1 1 2.196450536 0 2012 2 2 4.969437957 0 2014 1 1 2.824220515 0 Northwest Arkansas Regional, Fayetteville/Springdale, AR XNA ASW 2011 1 1 2.329264884 0 Rogers Muni-Carter Field, AR ROG ASW 2013 1 1 7.686395081 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 73 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Springdale Muni, AR ASG ASW 2004 1 1 1.673332106 0 2013 1 1 3.792763407 0 Texarkana Regional-Webb Field, AR TXK ASW 2008 1 1 3.639010189 0 2009 1 1 3.50385424 0 2010 3 3 9.85480586 0 2011 2 2 7.365126128 0 2012 1 1 3.951788184 0 CALIFORNIA Atwater/Castle Airport, Atwater, CA MER AWP 2008 1 4 5 3.757646811 0 2009 5 5 5.814359141 2 2011 1 5 6 9.961151509 0 2012 3 2 5 7.69455687 0 2013 0 0 1 2014 1 1 0.969283409 0 Bob Hope Airport, Burbank, CA BUR AWP 2004 0 0 1 2005 0 0 3 2006 2 2 1.044479144 5 2007 1 1 0.526468188 4 2008 1 1 0.814405199 0 2010 2 1 3 2.683003175 0 2011 1 1 0.841580825 0 2012 1 1 0.746937556 0 2013 1 1 1 3 2.249938127 1 2014 1 1 0.834884828 0 Brackett Field, La Verne, CA POC AWP 2004 0 0 2 2005 1 1 2 1.165059855 1 2006 1 1 0.825866127 5 2007 0 0 7 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 74 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 3 3 6 4.960071425 0 2009 1 1 2 1.893401496 5 2010 4 4 8 6.883082244 1 2011 1 1 2 1.886792453 3 2012 1 1 1.10273036 1 2013 1 1 4 6 6.041931001 1 2014 2 4 6 6.472631556 1 Brown Field Muni, San Diego, CA SDM AWP 2004 0 0 1 2005 0 0 1 2008 1 1 0.839221873 0 2012 2 3 5 5.512192971 0 2013 0 0 3 2014 1 3 4 4.459706551 1 Buchanan Field, Concord, CA CCR AWP 2004 1 4 5 4.033103715 1 2005 1 1 2 1.622073172 2 2006 0 0 1 2007 1 1 1.087464793 1 2008 1 3 4 4.212388635 0 2009 1 1 1.109004004 1 2010 1 1 1.24975005 1 2012 1 1 1.33267588 0 2013 4 4 4.887764703 0 2014 3 3 2.942301468 0 Camarillo Airport, CA CMA AWP 2004 1 3 4 2.372577746 4 2005 1 1 0.651287596 7 2006 2 2 1.334285123 11 2007 0 0 4 2008 2 2 1.299730956 4 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 75 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 2 2 1.233486697 6 2010 3 1 4 2.539392323 3 2011 1 2 3 2.293981358 8 2012 2 2 4 3.043422024 2 2013 2 2 1.456399053 4 2014 1 3 4 2.823761957 2 Charles M. Schulz-Sonoma CO Airport, Santa Rosa, CA STS AWP 2004 0 0 1 2005 0 0 2 2006 0 0 1 2007 0 0 1 2008 1 1 0.93321015 0 2009 1 1 1.102219871 0 2010 2 3 5 6.524519143 0 2011 3 3 3.971721344 0 2012 2 2 2.453596359 1 2013 2 2 4 5.283876252 1 2014 5 4 9 11.50777414 0 Chico Muni, CA CIC AWP 2005 0 0 1 2006 1 1 2.201479394 0 2008 1 1 1.778188737 0 2010 1 2 3 6.685981725 0 2011 1 1 2.104554255 0 2012 1 1 1.80238636 0 2013 1 1 2 4.245743642 0 2014 1 1 2.000520135 0 Chino Airport, CA CNO AWP 2004 3 3 1.895890342 4 2005 0 0 2 2006 0 0 10 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 76 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 0 0 6 2008 2 2 1.435946037 0 2009 1 3 4 2.517100552 2 2010 1 1 3 5 2.78348392 1 2011 2 3 5 2.93868723 2 2012 7 9 16 9.868867424 7 2013 5 6 11 6.509992839 5 2014 2 8 10 5.725769973 8 El Monte Airport, CA EMT AWP 2005 0 0 2 2006 0 0 1 2007 0 0 1 2008 1 1 1.16335885 1 2009 0 0 1 2010 4 4 4.52417038 4 2011 0 0 1 2012 1 1 1.223990208 3 2013 1 1 2 2.28448719 0 2014 1 1 1.069816206 0 Fresno Yosemite Intl, CA FAT AWP 2004 1 1 0.609863939 2 2006 1 1 0.647848818 0 2007 1 1 0.638373934 0 2008 1 1 2 1.245500629 0 2009 1 4 5 3.847722533 0 2010 1 1 0.84190675 0 2011 2 2 1.581740389 0 2012 1 1 0.829607015 1 2013 1 1 0.786992587 0 2014 5 8 13 10.4916551 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 77 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Fullerton Muni, CA FUL AWP 2008 1 1 2 2.85477747 0 General WM J Fox Airfield Airport, Lancaster, CA WJF AWP 2009 1 1 1.691503578 0 Gillespie Field, San Diego/El Cajon, CA SEE AWP 2004 1 1 2 1.008166146 6 2005 1 1 2 4 1.750301927 1 2006 1 1 0.360782899 3 2007 0 0 1 2008 1 1 0.390941113 1 2009 2 2 0.906573108 0 2010 1 1 0.459039872 0 2011 3 3 1.336243374 0 2012 1 1 0.515671249 1 2013 1 3 4 2.047355329 0 2014 1 2 3 1.496498194 0 Hayward Executive Airport, CA HWD AWP 2006 0 0 1 2007 0 0 1 2009 2 3 5 4.104180518 0 2010 1 1 2 2.314091661 0 2011 1 1 1.143144562 0 2012 2 3 5 5.651122313 1 2013 1 1 1.071099591 0 2014 2 1 3 2.692659809 4 Jack Northrop Field/Hawthorne Muni, CA HHR AWP 2006 1 1 1.609968928 3 2007 1 1 1.453741932 0 2008 1 1 2 3.456559686 0 2009 3 3 5.968130185 0 John Wayne Airport-Orange CO, Santa Ana, CA SNA AWP 2004 2 2 4 1.09542523 4 2005 3 5 8 2.125550983 3 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 78 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 3 3 0.828628564 1 2007 9 9 2.575018883 12 2008 8 2 10 3.039938715 5 2009 2 5 7 2.428582332 4 2010 4 7 11 3.836923764 3 2011 2 3 5 1.886372468 5 2012 1 2 3 1.15157401 2 2013 2 1 3 1.147587389 4 2014 7 1 8 2.914846406 0 Lake Tahoe Airport, South Lake Tahoe, CA TVL AWP 2004 0 0 1 Livermore Muni, CA LVK AWP 2006 0 0 1 2008 1 1 2 1.19598627 0 2009 2 1 3 2.149951984 0 2010 1 4 4 9 7.078532384 0 2011 3 6 9 6.851557207 1 2012 1 1 4 6 4.443621552 2 2013 1 9 10 6.686145638 1 2014 1 1 2 1.258772068 0 Long Beach/Daugherty Field, CA LGB AWP 2004 1 4 5 1.453517949 8 2005 6 6 1.713781373 10 2006 1 1 2 0.556687487 6 2007 1 5 6 1.506772944 9 2008 6 5 11 3.040572291 0 2009 5 6 11 3.619814205 1 2010 2 3 5 1.622249476 5 2011 2 2 0.694526437 1 2012 2 5 7 2.575697922 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 79 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 6 7 2.608271201 0 2014 6 4 10 3.279086315 0 Los Angeles Intl, CA LAX AWP 2004 1 2 4 7 1.082052003 4 2005 2 6 8 1.224113818 12 2006 1 1 6 8 1.224775369 3 2007 2 2 4 8 1.190042321 13 2008 3 6 9 1.36524777 1 2009 3 5 8 1.468930288 0 2010 8 4 12 2.101638753 4 2011 13 6 19 3.186882122 0 2012 12 7 19 3.120657769 3 2013 1 16 11 28 4.617810234 3 2014 12 9 21 3.315613223 11 McClellan-Palomar Airport, Carlsbad, CA CRQ AWP 2004 1 1 0.477349754 1 2005 1 1 0.487362686 0 2006 3 3 1.517159069 0 2007 2 2 0.926530745 0 2008 1 2 3 1.551935522 2 2009 2 2 4 2.286995003 1 2010 2 1 3 2.168241051 0 2012 1 2 3 2.104465676 0 2013 3 4 7 4.708319601 2 2014 2 2 4 2.691627021 2 Meadows Field, Bakersfield, CA BFL AWP 2004 1 1 0.711536135 4 2005 0 0 1 2006 0 0 2 2007 0 0 2 2008 1 1 0.791295747 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 80 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 2 2 1.614100784 1 2012 1 1 0.906897865 1 2013 2 1 3 3.162788736 1 2014 1 1 1.561109637 0 Metropolitan Oakland Intl, CA OAK AWP 2004 0 0 2 2005 0 0 3 2006 1 1 2 0.59948624 5 2007 1 1 0.286476313 1 2008 1 1 0.337155553 0 2009 2 2 0.836295212 0 2010 1 1 0.443081722 0 2011 1 1 2 0.942169628 0 2013 1 1 0.494000366 0 2014 3 3 1.482608996 3 Modesto City-CO-Harry Sham Field, CA MOD AWP 2004 1 1 1.244524094 1 2010 1 1 2.281542323 0 2011 1 1 2.241850872 0 2013 2 2 4.694945891 0 2014 1 1 2.121205693 0 Monterey Peninsula Airport, CA MRY AWP 2005 1 1 1.120448179 1 2006 2 2 2.170468604 2 2007 0 0 1 2008 2 1 3 3.72199201 2 2009 1 3 4 5.881488016 6 2010 1 4 5 8.721741557 1 2011 1 2 3 5.643234702 4 2012 1 2 3 5.307855626 0 2013 4 4 7.31635938 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 81 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 3 1 4 7.876496534 1 Montgomery Field, San Diego, CA MYF AWP 2004 2 2 0.893734918 1 2005 1 1 0.412856347 1 2006 0 0 2 2007 1 1 1 3 1.342822613 2 2008 1 3 4 1.681315125 0 2009 1 1 0.488355171 0 2010 1 1 2 1.009484103 4 2011 4 4 2.036535446 1 2012 1 10 11 5.768252587 4 2013 3 3 1.692257358 9 2014 1 1 3 13 18 8.636863091 0 Napa County Airport, CA APC AWP 2004 1 1 2 1.71877417 0 2006 1 2 3 2.577319588 3 2007 1 1 2 1.631015389 5 2008 2 5 7 5.800944725 0 2009 2 2 1.913948859 0 2010 1 1 2 2.653610901 0 2011 1 3 4 7.413035823 0 2012 1 1 2.08394115 0 2013 1 1 2.337322364 0 2014 2 2 4.492060283 0 Norman Y. Mineta San Jose Intl, CA SJC AWP 2004 1 1 2 0.917477487 3 2005 0 0 8 2006 2 2 0.931315483 8 2007 4 4 1.928156875 7 2008 8 8 4.052233287 0 2009 2 8 10 5.917825081 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 82 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 2 2 4 2.877283844 1 2011 5 5 3.628078425 1 2012 1 2 3 2.21273206 1 2013 3 3 6 4.397182872 0 2014 4 4 2.833021701 4 Ontario Intl, CA ONT AWP 2004 1 1 0.652077519 6 2005 1 1 0.683802764 3 2006 1 1 0.733084085 2 2007 1 1 0.689574326 3 2008 2 2 1.475154707 0 2009 4 4 3.976854706 2 2010 2 2 2.088925561 1 2011 2 1 3 3.27482316 0 2013 1 1 1.222165188 1 2014 1 1 2 2.393919445 0 Oxnard Airport, CA OXR AWP 2004 2 2 2.083854297 3 2005 0 0 2 2006 0 0 1 2007 0 0 2 2008 2 3 5 5.587216449 1 2009 2 1 3 4.842224195 0 2010 1 1 1.731811648 0 2012 1 1 2 3.615394349 0 2013 1 1 1.807860578 0 Palmdale Regional/USAF Plant 42, CA PMD AWP 2004 0 0 1 2007 0 0 1 2010 2 2 7.919223916 0 Palm Springs Intl, CA PSP AWP 2004 3 3 3.157562362 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 83 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2005 2 2 2.111887817 2 2006 1 2 3 3.268294277 5 2007 2 2 2.213540226 9 2008 3 3 3.945032547 1 2009 3 3 4.026251158 0 2010 2 2 2.976722034 0 2011 1 1 1.686710409 0 2012 5 5 8.696862172 0 2013 3 3 5.427801198 0 2014 1 1 2 3.532882302 1 Palo Alto Airport of Santa Clara CO, CA PAO AWP 2005 1 1 0.541064057 1 2008 3 2 5 2.858531287 0 2010 1 2 3 1.896129999 0 2011 1 3 4 2.347569385 2 2012 2 1 3 1.699100609 2 2013 1 1 0.579196423 0 2014 2 4 6 3.335186215 4 Ramona Airport, CA RNM AWP 2007 0 0 1 2010 1 1 0.969039198 0 2014 1 1 0.859320621 0 Redding Muni, CA RDD AWP 2004 1 1 1.276487107 0 2007 0 0 1 2008 1 1 1.4537842 0 2010 2 2 2.318706162 0 2011 1 1 1.054930216 0 2013 0 0 1 2014 1 1 0.90722697 0 Reid-Hillview of Santa Clara CO Airport, RHV AWP 2004 1 1 0.487754913 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 84 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs San Jose, CA 2005 1 1 0.498785457 1 2006 1 1 0.593718459 0 2007 0 0 1 2008 0 0 1 2009 1 1 0.780609656 0 2010 2 2 4 3.514166484 1 2011 1 1 2 1.691317621 1 2012 3 1 4 2.880391733 4 2013 1 9 4 14 9.744824802 7 2014 5 10 15 11.10921843 3 Riverside Muni, CA RAL AWP 2005 0 0 1 2006 1 1 1.196716211 0 2007 0 0 2 2008 3 3 4.026035027 0 2011 2 2 3.272733223 0 2012 2 2 2.836356417 2 2013 0 0 2 2014 1 1 0.916783557 1 Sacramento Executive Airport, CA SAC AWP 2004 1 1 0.738312513 0 2006 1 1 0.882230986 2 2009 1 1 1.092144207 0 2010 1 1 1.104374427 0 2012 1 1 1.074794983 0 Sacramento Intl, CA SMF AWP 2004 1 1 0.606777707 1 2006 0 0 1 2007 0 0 1 2009 1 1 0.755383999 0 2011 1 1 0.860518548 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 85 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 1 0.914929825 0 2014 1 1 0.919489499 0 Sacramento Mather Airport, CA MHR AWP 2004 1 1 1.241110546 1 2005 0 0 1 2006 0 0 1 2010 2 2 2.650867496 1 2011 1 1 1.40394227 0 2012 1 1 2 2.500218769 0 2013 1 1 1.345098461 1 2014 2 2 2.059414097 0 Salinas Muni, CA SNS AWP 2004 1 1 1.277612398 0 2006 1 1 1.355509468 0 2008 2 2 2.486788934 0 2009 1 1 1.322996322 1 2010 1 2 3 5.693139767 0 2011 1 1 1.852606618 0 2012 1 1 2 3.547734771 0 2013 0 0 1 San Bernardino Intl, CA SBD AWP 2010 0 N/A 1 2011 1 1 N/A 0 2014 2 2 N/A 0 San Carlos Airport, CA SQL AWP 2007 0 0 2 2008 1 1 2 1.373928336 1 2009 1 1 0.923403666 0 2010 2 1 3 2.729431459 0 2011 1 1 2 1.852967064 0 2012 2 3 5 4.87025637 4 2013 3 4 7 6.486706884 5 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 86 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 1 5 6 5.000916835 5 San Diego Intl, CA SAN AWP 2004 1 1 0.471533521 2 2005 0 0 4 2007 0 0 3 2008 1 1 1 3 1.257513644 0 2009 1 1 0.492283457 0 2011 1 1 0.54100844 0 2012 2 2 1.066797527 0 2013 2 2 4 2.125082347 1 2014 1 1 2 1.057115976 0 San Francisco Intl, CA SFO AWP 2004 2 1 3 0.850781443 3 2006 2 1 3 0.838089491 5 2007 1 1 2 4 1.0773221 4 2008 11 9 20 5.079829521 0 2009 3 5 8 2.115254954 0 2010 7 5 12 3.108292926 0 2011 4 9 13 3.263281556 1 2012 2 5 7 1.655922881 1 2013 8 1 9 2.157145665 1 2014 5 7 12 2.778613935 1 San Luis CO Regional, San Luis Obispo, CA SBP AWP 2006 0 0 1 2009 1 1 1.155895646 0 2010 0 0 1 2011 0 0 1 2012 1 4 5 6.265821199 2 2014 0 0 3 Santa Barbara Muni, CA SBA AWP 2004 2 1 3 2.004356134 4 2005 1 1 0.637474581 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 87 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 2 2 1.461817331 2 2007 1 1 2 1.616396728 0 2008 1 3 4 3.382234812 0 2009 1 4 5 4.691443745 0 2010 2 2 1.785044894 0 2011 2 2 1.88393101 1 2012 3 3 6 5.780959447 0 2013 1 1 0.961159543 1 2014 4 4 3.809922944 1 Santa Maria Pub/Capt G Allan Hancock Field, CA SMX AWP 2006 2 2 3.118762475 0 2008 0 0 1 2009 1 1 2 3.505266663 0 2011 1 1 2.084158313 1 2013 1 1 2.197850502 1 2014 1 1 2.325851843 0 Santa Monica Muni, CA SMO AWP 2004 1 1 0.735802687 2 2005 0 0 3 2006 0 0 6 2009 1 1 0.867355347 0 2010 1 1 0.920945996 0 2011 1 1 0.9306048 0 2012 1 3 4 3.745949692 0 2013 2 5 7 7.16611044 1 2014 3 4 7 8.276481786 0 Southern California Logistics Airport, Victorville, CA VCV AWP 2006 0 0 3 2007 0 0 1 2011 1 1 2.386691806 0 2013 2 2 3.985254558 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 88 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Stockton Metro, CA SCK AWP 2009 1 1 1.64095832 1 2010 3 3 5.429176394 5 2011 1 1 2.278734846 0 2012 1 1 2 3.582046782 0 2013 1 1 1.95802005 0 Vandenberg AFB, Lompoc, CA VBG AWP 2004 0 0 1 Van Nuys Airport, CA VNY AWP 2004 1 1 0.220509111 5 2005 1 2 3 0.712616156 6 2006 1 1 2 0.506017817 1 2007 0 0 4 2008 3 3 6 1.5361927 0 2010 1 1 0.308320332 0 2011 1 1 2 0.661314429 0 2012 1 3 4 1.514319786 0 2013 8 9 17 6.502970327 4 2014 10 10 20 8.112504208 3 Whiteman Airport, Los Angeles, CA WHP AWP 2004 0 0 1 2006 0 0 1 2008 1 1 1.092681221 0 2010 1 1 1.170425684 0 2011 1 1 2 2.538264335 1 2014 0 0 1 Yuba CO Airport, Marysville, CA MYV AWP 2006 0 N/A 1 Zamperini Field, Torrance, CA TOA AWP 2005 0 0 1 2006 1 1 0.673650173 0 2007 1 2 3 1.783930355 5 2008 2 2 1.265742675 1 2009 1 1 0.734025764 3 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 89 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 2 2 1.834256576 1 2011 1 1 2 1.653493832 0 2013 1 1 0.815520996 0 2014 1 1 0.784818471 0 COLORADO Centennial Airport, Denver, CO APA ANM 2004 2 2 4 1.132964742 5 2005 2 2 0.560175447 6 2006 1 1 0.310748157 4 2007 3 3 0.909203871 5 2008 3 2 5 1.504447146 0 2009 1 2 6 9 3.324271615 2 2010 4 4 8 2.858582358 0 2011 5 8 13 4.487726069 0 2012 1 2 6 9 3.026634383 0 2013 2 6 8 2.734397698 0 2014 2 4 6 1.92467465 2 City of Colorado Springs Muni, CO COS ANM 2004 1 1 0.553381994 0 2006 1 1 0.674590861 0 2007 1 1 0.662791545 1 2008 1 1 0.669994305 0 2009 1 1 2 1.372485778 0 2010 1 1 0.691529456 0 2011 1 1 2 1.585514737 2 2012 2 2 1.534895857 1 2013 1 4 5 3.674687284 1 2014 1 1 0.787798576 1 Denver Intl, CO DEN ANM 2004 1 1 0.178643205 1 2005 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 90 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 0 0 1 2007 2 2 4 0.653625744 4 2008 3 1 4 0.634143557 0 2009 1 2 3 0.490398809 1 2010 0 0 3 2011 3 3 0.467345772 3 2012 2 2 4 0.646851451 0 2013 14 14 2.359118499 3 2014 7 1 8 1.381811901 2 Eagle CO Regional, CO EGE ANM 2005 1 1 2.436647173 1 2008 1 1 2.328397131 1 2009 1 1 3.194684046 0 2010 1 4 5 14.26085964 1 2012 1 1 2.734182753 0 2013 0 0 1 Front Range Airport, Denver, CO FTG ANM 2006 1 1 1.125023907 0 2008 1 1 1.2963107 0 2009 1 4 5 6.877389893 1 2011 0 0 1 2012 1 1 1.940730103 0 2013 1 1 2.264338926 1 2014 1 1 2 4.300150505 0 Pueblo Memorial Airport, CO PUB ANM 2004 1 1 1.093876479 0 2005 0 0 2 2006 0 0 1 2007 1 1 0.689132382 3 2008 3 8 11 6.769355742 0 2009 1 1 2 1.298768767 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 91 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 1 1 2 1.09811673 1 2011 1 1 2 1.238819653 0 2012 1 1 2 1.234293614 0 2013 2 2 1.344772868 0 2014 3 1 4 2.852558388 0 Rocky Mountain Metro, Denver, CO BJC ANM 2004 1 2 1 4 2.143599747 8 2005 0 0 3 2006 0 0 1 2007 4 4 2.381405982 2 2008 1 2 3 1.948722612 1 2009 1 2 3 2.437835202 3 2010 1 3 4 3.451370194 1 2011 1 2 3 2.399002015 0 2012 3 3 2.509956159 0 2013 2 4 6 5.326799126 2 2014 4 4 8 6.911566507 0 Sardy Field, Aspen, CO ASE ANM 2005 1 1 2 4.465980394 2 2006 1 1 2.249010435 1 2007 0 0 1 2008 2 2 4.317230065 3 2009 0 0 4 2010 1 1 2.611511543 7 2011 4 4 10.77557178 8 2012 2 1 3 7.953762129 7 2013 1 5 6 16.92858957 3 2014 1 1 2.855592678 0 Walker Field, Grand Junction, CO GJT ANM 2004 1 1 1.136945029 0 2006 1 1 1.351734952 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 92 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 0 0 1 2008 1 1 2 2.792945021 0 2009 2 2 3.397085301 0 2011 1 1 1.958480219 0 2013 0 0 1 CONNECTICUT Bradley Intl, Windsor Locks, CT BDL ANE 2004 0 0 2 2005 1 2 3 1.912801744 3 2006 2 2 1.33122999 1 2007 1 1 0.694603624 1 2008 1 3 4 3.085467448 0 2009 1 1 0.92802257 0 2010 1 1 2 1.950420316 0 2011 2 2 1.848360504 0 2012 1 1 0.99023627 0 2013 2 1 3 3.152452608 0 2014 3 3 3.103662322 0 Danbury Muni, CT DXR ANE 2007 0 0 1 2008 1 1 2 2.417999589 0 2010 1 1 1.316603689 0 2013 1 1 1.551614455 0 2014 1 1 1.470436867 0 Hartford-Brainard Airport, Hartford, CT HFD ANE 2004 1 1 1.023405279 0 2006 0 0 1 2011 2 2 3.086134 0 2013 1 1 1.740129118 0 Igor I. Sikorsky Memorial, Bridgeport, CT BDR ANE 2007 1 2 3 3.503035965 2 2010 2 2 2.836879433 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 93 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 1 1.625461225 0 Tweed-New Haven Airport, New Haven, CT HVN ANE 2005 0 0 1 2007 0 0 1 2013 1 1 3.069744597 1 Waterbury-Oxford Airport, Oxford, CT OXC ANE 2004 0 0 1 2005 0 0 1 2006 0 0 1 2007 0 0 3 2008 1 1 1.905451497 1 2009 0 0 2 2010 1 1 2.2068722 0 2011 1 1 2.076972605 1 2012 1 1 2.062110777 0 DELAWARE New Castle Airport, Wilmington, DE ILG AEA 2004 1 1 0.845909183 0 2007 0 0 1 2008 0 0 1 2009 1 1 1.736593498 0 2010 2 2 3.007111819 0 2012 1 7 8 14.30026992 0 2013 1 4 5 9.359790341 0 2014 1 2 3 4.97883993 0 DISTRICT OF COLUMBIA Ronald Reagan Washington National Airport, Wash, DC DCA AEA 2006 1 1 2 0.719797305 3 2007 1 1 0.35722068 2 2008 3 2 5 1.793638324 0 2009 1 1 0.362828904 0 2010 1 5 6 2.220084363 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 94 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2011 4 2 6 2.10674897 0 2012 10 1 11 3.821222374 0 2013 7 3 10 3.384827848 0 2014 12 3 15 5.22708186 0 Washington Dulles Intl, Washington, DC IAD AEA 2004 1 2 3 0.68398985 1 2005 2 2 0.339724687 1 2006 0 0 2 2007 4 4 0.93352813 0 2008 1 4 5 1.243162606 2 2009 7 2 9 2.43909049 1 2010 1 2 3 0.819378856 0 2011 4 4 1.086566775 0 2012 4 2 6 1.740780392 1 2013 1 1 1 3 0.89954483 0 2014 3 4 7 2.192721418 1 FLORIDA Boca Raton Airport, FL BCT ASO 2013 1 1 2.082335548 1 2014 0 0 1 Cecil Field, Jacksonville, FL VQQ ASO 2005 0 0 1 2010 1 1 2 2.501500901 0 2012 1 1 1.109730114 0 Craig Muni, Jacksonville, FL CRG ASO 2004 0 0 1 2009 1 1 0.874072391 0 Daytona Beach Intl, FL DAB ASO 2004 1 1 0.32141009 3 2005 0 0 1 2006 1 1 2 0.778285825 1 2007 1 1 3 5 1.646952644 2 2008 1 2 5 8 2.38762494 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 95 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 6 1 7 2.107773469 1 2010 1 2 3 1.091679221 1 2011 7 4 11 5.021294855 0 2012 5 3 8 2.845496646 0 2013 8 4 12 4.164150826 1 2014 6 9 15 5.180702918 3 Executive Airport, Orlando, FL ORL ASO 2004 1 1 0.62851181 0 2005 1 1 0.642071064 2 2006 1 1 2 1.21887303 3 2007 2 2 1.318096142 0 2008 2 3 5 3.55813639 0 2009 4 2 6 5.301992666 0 2010 1 1 0.980161531 0 2011 7 7 6.4011705 1 2012 2 2 4 3.687111701 0 2013 1 2 3 2.822865208 0 2014 2 2 1.82185866 0 Flagler CO Airport, Palm Coast, FL XFL ASO 2010 1 1 0.682421504 0 Fort Lauderdale Executive Airport, FL FXE ASO 2004 1 2 3 1.413740616 6 2005 1 1 2 0.959660664 2 2006 3 3 1.535587234 18 2007 4 4 2.00212225 5 2008 6 6 12 6.417661404 11 2009 5 2 7 4.56904148 6 2010 6 6 12 7.815400246 2 2011 6 8 14 9.400831302 2 2012 4 2 6 3.799632702 1 2013 5 7 12 7.545366516 3 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 96 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 3 7 10 5.949795625 6 Fort Lauderdale/Hollywood Intl, FL FLL ASO 2004 3 3 0.97294247 1 2005 2 2 0.595041519 7 2006 2 2 0.665603919 7 2007 1 3 4 1.313081244 6 2008 1 2 3 0.984200304 0 2009 3 7 10 3.759723585 1 2010 3 3 1.10179887 4 2011 2 7 9 3.333333333 1 2012 4 10 14 5.301865499 1 2013 4 2 6 2.333313889 0 2014 2 2 0.785289949 1 Gainesville Regional, FL GNV ASO 2008 0 0 1 2012 1 1 1.467243783 0 Jacksonville Intl, FL JAX ASO 2004 1 1 0.823167218 1 2005 0 0 2 2007 0 0 1 2009 1 1 1.024327785 0 2010 1 1 1.052199623 0 2011 0 0 1 2012 0 0 1 2014 0 0 1 Kendall-Tamiami Executive Airport, Miami, FL TMB ASO 2004 1 1 0.559628407 3 2005 0 0 2 2006 1 1 2 1.017526901 4 2007 1 1 2 4 1.605548777 4 2008 3 2 5 1.611816549 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 97 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 2 1 3 1.292145478 0 2010 2 2 4 2.043078306 0 2011 1 1 0.584477448 1 2012 2 2 0.998701688 0 2013 3 7 10 4.222509353 6 2014 7 6 13 5.111007144 5 Key West Intl, FL EYW ASO 2012 0 0 1 2013 1 1 2 3.400666531 0 2014 0 0 1 Kissimmee Gateway Airport, Orlando, FL ISM ASO 2005 1 1 0.662659784 4 2006 1 1 0.673296392 3 2007 1 1 2 1.189315192 2 2009 1 1 0.78579904 0 2010 1 2 3 2.484369177 0 2012 2 2 4 3.306823631 1 2013 1 1 0.906421087 0 2014 1 1 2 2.333504457 0 Lakeland Linder Regional, FL LAL ASO 2007 0 0 2 2014 1 1 1.02325867 0 Melbourne Intl, FL MLB ASO 2009 1 1 0.684790796 0 2010 3 3 2.174369976 0 2011 1 3 4 2.124145695 0 2012 3 5 8 4.410751206 0 2013 2 5 7 5.38366289 3 2014 4 4 3.023065994 0 Miami Intl, FL MIA ASO 2004 3 3 6 1.509494722 3 2005 1 1 0.258611103 1 2006 1 1 2 4 1.041007904 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 98 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 5 5 1.292878309 3 2008 3 5 8 2.117651419 0 2009 4 4 8 2.276432943 0 2010 8 9 17 4.610394541 0 2011 10 6 16 4.082174166 0 2012 3 1 4 1.016533924 0 2013 7 3 10 2.520936377 0 2014 10 1 11 2.74436034 0 Naples Muni, FL APF ASO 2004 0 0 3 2011 1 1 1.212591551 0 2014 3 3 6 6.43121282 0 New Smyrna Beach Muni, FL EVB ASO 2010 1 1 0.761127687 0 2011 1 1 0.740762689 0 2012 1 1 2 1.448299335 0 2014 2 2 1.26362344 0 North Perry Airport, Hollywood, FL HWO ASO 2004 1 1 0.712276078 1 2009 2 3 3 8 4.601747514 3 2011 1 2 3 2.218327824 0 2012 1 1 0.799539465 1 2013 2 1 3 2.094928179 0 2014 1 1 2 1.291922898 1 Northwest Florida-Panama City Intl, FL ECP ASO 2012 1 1 2 3.452085059 0 Opa Locka Airport, Miami, FL OPF ASO 2005 0 0 1 2007 2 2 1.729834455 3 2008 1 2 3 3.062943489 3 2009 2 1 3 3.363982956 2 2010 1 1 1.092036867 0 2011 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 99 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 3 3 2.970944166 0 2013 2 2 1.883664858 0 2014 7 7 5.309627112 1 Orlando Intl, FL MCO ASO 2004 0 0 1 2005 1 1 0.279687421 2 2006 1 1 0.278163343 0 2007 1 2 3 0.828054486 5 2008 1 1 0.278716899 2 2009 3 3 0.972513526 0 2010 1 1 0.321157194 1 2011 2 2 4 1.254158319 0 2012 0 0 1 2013 1 3 4 1.334953076 0 2014 2 1 3 1.015561792 1 Orlando Sanford Intl, Orlando, FL SFB ASO 2004 2 3 5 1.381169685 3 2005 1 1 2 0.582927227 3 2006 2 2 0.643235733 3 2007 1 2 3 0.959591598 10 2008 5 6 11 4.882985901 0 2009 1 2 4 7 3.160199544 0 2010 1 3 4 2.058248431 2 2011 2 1 3 1.427626476 2 2012 8 6 14 4.919599685 0 2013 1 3 6 10 3.471993167 0 2014 3 4 7 3.394005217 3 Ormond Beach Muni, FL OMN ASO 2005 0 0 1 2012 1 1 0.823750371 0 2013 1 1 0.801956775 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 100 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 2 2 1.827368498 0 Page Field, Fort Myers, FL FMY ASO 2005 0 0 1 2006 0 0 1 2009 1 1 1.343941512 0 2014 1 1 1.114305453 0 Palm Beach Intl, West Palm Beach, FL PBI ASO 2004 1 2 1 4 2.020375487 4 2005 1 1 0.502815768 11 2006 2 1 3 1.545507467 12 2007 1 1 2 1.045205122 16 2008 1 6 7 3.888953705 6 2009 1 6 7 4.90759696 2 2010 1 1 0.712514607 4 2011 1 2 3 2.075104966 0 2012 4 2 6 4.385451994 0 2013 3 4 7 5.200053486 2 2014 1 5 6 4.348298728 5 Panama City-Bay CO Intl, FL PFN ASO 2004 0 0 1 2008 1 1 1.028351655 0 Pensacola Regional, FL PNS ASO 2004 0 0 2 2006 1 1 0.867543464 1 2007 1 1 0.920505173 0 2008 2 2 1.832491914 0 2009 1 1 2 2.05750733 0 2010 2 2 1.584534939 0 2011 1 2 3 2.562941573 0 2012 1 1 0.949370093 0 2013 4 1 5 4.877287448 0 2014 2 1 3 2.838409355 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 101 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Punta Gorda, FL PGD ASO 2013 1 1 1.688419133 0 Sarasota/Bradenton Intl, FL SRQ ASO 2004 0 0 1 2006 1 1 0.611060189 0 2007 0 0 1 2008 2 2 1.454111865 0 2010 1 3 4 3.92622621 0 2011 4 4 3.980416352 1 2012 5 3 8 7.547881876 1 2013 4 11 15 15.07916562 1 2014 3 2 5 4.955941678 0 Southwest Florida Intl, Fort Myers, FL RSW ASO 2005 0 0 1 2006 1 1 1.078993084 1 2007 2 2 2.140159014 6 2008 1 1 1.093230715 1 2009 1 1 1.172181782 0 2010 1 1 1.201374372 0 2014 0 0 2 Space Coast Regional, Titusville, FL TIX ASO 2004 0 0 1 2005 0 0 1 2006 0 0 1 2007 0 0 1 St Augustine Airport, FL SGJ ASO 2004 0 0 3 2006 1 1 0.872227407 1 2007 2 2 1.911735186 1 2008 1 2 3 2.937461446 0 2010 1 1 1.02085609 0 2014 0 0 1 St Lucie CO Intl, Fort Pierce, FL FPR ASO 2005 0 0 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 102 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 0 0 1 2008 2 2 1.319531039 0 2010 3 3 2.30955772 0 2012 1 1 0.725552508 0 St Petersburg-Clearwater Intl, FL PIE ASO 2005 0 0 1 2006 0 0 1 2007 0 0 5 2008 1 1 1 3 1.768972227 0 2010 1 2 3 2.269288956 0 2013 1 2 3 2.115268004 0 2014 1 2 3 2.336230259 0 Tallahassee Regional, FL TLH ASO 2004 0 0 3 2005 0 0 3 2006 1 1 0.98527021 0 2007 0 0 1 2008 1 1 1.07235156 0 2010 1 1 1.248860415 0 2012 0 0 1 2013 1 1 1.557972143 1 Tampa Intl, FL TPA ASO 2004 0 0 2 2005 1 1 0.371120859 5 2006 1 1 0.387738168 5 2007 0 0 1 2008 2 2 4 1.605974224 1 2009 1 1 2 0.977259179 0 2010 2 2 4 2.039089343 0 2011 1 4 5 2.594827989 1 2012 1 2 3 1.583138519 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 103 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 4 5 2.685558677 0 2014 4 4 2.174728567 1 Vero Beach Muni, FL VRB ASO 2004 0 0 2 2005 1 1 2 1.364275092 2 2007 0 0 2 2008 2 3 5 2.917799746 1 2009 1 1 2 1.218138076 1 2010 3 2 5 3.13294986 0 2011 2 1 3 1.955658698 0 2012 1 1 0.668838161 0 2013 2 1 3 1.615517585 0 2014 2 3 5 2.367424242 0 Witham Field, Stuart, FL SUA ASO 2008 3 3 4.447475317 0 2009 1 1 1.677796047 0 2011 1 1 1.788268956 0 2012 2 2 3.5601125 0 2013 1 1 1.564896247 0 2014 1 1 1.253541254 1 GEORGIA Athens/Ben Epps Airport, GA AHN ASO 2008 1 1 2.1486893 0 Augusta Regional at Bush Field, Augusta, GA AGS ASO 2007 0 0 3 2011 1 1 3.340682836 0 2013 1 1 3.707823508 1 2014 1 1 3.798526172 0 Cobb CO-McCollum Field, Atlanta, GA RYY ASO 2005 0 0 1 2008 1 1 1.027358558 0 2014 0 0 1 Columbus Metro, GA CSG ASO 2006 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 104 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 1 1 2.971591584 0 2011 2 2 6.287133382 0 2012 5 5 19.16443082 0 2013 2 2 7.618757381 0 DeKalb-Peachtree Airport, Atlanta, GA PDK ASO 2004 3 1 4 1.824476261 2 2005 2 2 4 8 4.04046526 9 2006 1 3 4 1.938613794 3 2007 1 6 7 3.133407043 3 2008 1 1 7 9 4.56532987 0 2009 1 5 10 16 10.12671046 0 2010 4 4 8 5.123049239 1 2011 3 5 8 5.078720163 1 2012 1 1 1 3 2.052741779 0 2013 2 3 5 3.449417738 0 2014 5 8 13 9.423362691 2 Fulton CO Airport-Brown Field, Atlanta, GA FTY ASO 2005 1 1 0.849617672 1 2006 0 0 1 2007 0 0 2 2008 2 1 3 2.717637467 0 2011 1 3 4 6.603602265 0 2014 2 2 4.15187561 1 Gwinnett CO-Briscoe Field, Lawrenceville, GA LZU ASO 2004 0 0 1 2008 0 0 1 2010 1 1 1.406766547 0 2013 1 1 1.416591115 0 Hartsfield-Jackson Atlanta Intl, GA ATL ASO 2004 1 2 4 7 0.727059708 4 2005 1 2 3 0.304757261 1 2006 2 7 9 0.934191405 3 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 105 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 2 9 11 1.111891682 5 2008 14 8 22 2.227063273 0 2009 8 7 15 1.542303852 0 2010 16 2 18 1.881770453 2 2011 10 4 14 1.505602994 1 2012 14 5 19 2.039812853 4 2013 10 6 16 1.750342137 1 2014 9 5 14 1.597684727 3 Middle Georgia Regional, Macon, GA MCN ASO 2004 0 0 1 2005 0 0 2 2007 0 0 1 2010 1 1 5.62239964 0 2012 1 1 6.706008584 0 Savannah/Hilton Head Intl, Savannah, GA SAV ASO 2004 0 0 2 2005 1 1 2 1.883664858 6 2007 1 1 0.986426768 4 2008 2 2 4 4.020100503 1 2009 2 2 2.210921954 0 2010 1 5 6 6.04978977 0 2011 1 1 0.989687457 1 2012 2 4 6 6.685460238 1 2013 3 1 4 4.595165885 1 2014 2 2 2.35413209 0 Southwest Georgia Regional, Albany, GA ABY ASO 2009 1 1 3.386386725 0 GUAM Guam Intl, Agana, GU GUM AWP 2008 2 2 3.382091824 0 2009 1 1 1.679966401 0 2011 1 1 1.550579917 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 106 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 0 0 1 2013 1 1 1.45885305 0 HAWAII Hilo Intl, HI ITO AWP 2005 0 0 1 2006 1 1 1.041666667 2 2008 1 1 1.194728856 0 2010 1 1 1.258922614 0 2014 1 1 1.160173562 0 Honolulu Intl, HI HNL AWP 2004 1 1 0.319933454 3 2005 1 2 3 0.8964322 3 2006 2 2 0.629655515 4 2007 2 2 0.639269698 6 2008 1 1 1 3 1.039465022 1 2009 1 2 2 5 1.803953545 2 2010 4 5 9 3.413370552 1 2011 7 2 9 3.369108272 1 2012 1 1 13 2 17 6.243274708 0 2013 7 3 10 3.520209523 5 2014 17 13 30 9.790451699 12 Kahului Airport, HI OGG AWP 2004 0 0 1 2005 1 1 2 1.19023531 1 2008 1 1 0.739174785 0 2009 1 1 0.842041445 0 2014 2 2 1.575162832 0 Kalaeloa Airport, Kapolei, HI JRF AWP 2005 0 0 1 2006 0 0 2 2007 0 0 1 2008 1 1 0.772415498 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 107 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 1 1 0.859919168 0 2011 1 1 0.817474331 0 Kona Intl at Keahole Airport, Kailua/Kona, HI KOA AWP 2008 0 0 1 2009 1 1 0.895255148 0 2010 1 1 0.789683574 0 2014 0 0 1 Lihue Airport, HI LIH AWP 2013 1 1 0.807219774 2 IDAHO Boise Air Terminal/Gowen Field, ID BOI ANM 2004 1 1 0.597367997 1 2005 2 2 1.163494206 0 2006 1 1 0.579911853 1 2007 2 2 1.080555405 1 2008 4 1 5 3.194826936 0 2010 1 1 0.802858175 0 2011 1 1 0.827951648 0 2012 1 1 0.869225086 0 2013 3 2 5 4.450457507 1 2014 1 2 2 5 3.986859312 1 Friedman Memorial Airport, Hailey, ID SUN ANM 2004 0 0 1 2006 2 2 4.82602191 0 2008 1 1 2.759458042 0 2009 1 1 3.41962179 0 2010 2 2 6.359300477 7 2011 5 5 17.66534765 1 2012 1 4 5 18.53980496 3 2013 1 1 3.379520108 1 2014 0 0 1 Idaho Falls Regional, ID IDA ANM 2006 0 0 3 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 108 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 0 0 3 2008 1 6 7 16.2149641 0 2009 2 2 4.748450818 1 2010 1 1 2.624327516 5 2011 3 3 8.006618805 0 2012 1 4 5 12.82051282 1 2013 4 4 11.16227152 0 2014 2 2 5.933133585 2 Joslin Field- Magic Valley Regional, Twin Falls, ID TWF ANM 2005 0 0 1 Lewiston-Nez Perce CO Airport, Lewiston, ID LWS ANM 2012 1 1 2 6.467468633 0 2014 1 1 3.160056881 0 Pocatello Regional, ID PIH ANM 2006 0 0 1 2011 0 0 1 ILLINOIS Abraham Lincoln Capital Airport, Springfield, IL SPI AGL 2004 0 0 3 2005 0 0 2 2006 1 1 1.945903872 1 2007 2 2 4.372444853 3 2008 1 6 7 17.61671071 1 2009 7 7 22.67573696 1 2010 3 3 9.841873893 0 2011 1 1 3.305129561 1 2012 1 3 4 11.30774015 0 2013 2 2 6.146470389 0 Aurora Muni Airport, Chicago, IL ARR AGL 2004 0 0 1 2007 1 1 1.466060695 0 2013 4 4 8 12.16489515 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 109 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 1 3 2 6 9.784416686 1 Central IL Regional, Bloomington- Normal, IL BMI AGL 2008 2 2 5.699304685 0 2009 1 1 3.497359494 0 2010 3 3 10.65605797 0 2011 3 3 10.88099815 0 2012 3 3 10.55112018 0 2013 1 1 3.695354939 0 2014 1 1 3.896812407 0 Chicago Executive Airport, Chicago/Prospect Hgts/Wheeling, IL PWK AGL 2004 2 3 5 3.124921877 0 2005 1 1 0.759589821 0 2006 1 1 2 1.867797307 0 2007 1 1 0.843910343 1 2008 3 1 4 3.940459655 0 2009 0 0 1 2010 1 1 1.118680852 0 2011 2 2 4 4.746140794 1 2012 1 1 3 5 5.845491957 0 2013 1 1 2 2.431699636 0 2014 1 1 1.320515529 0 Chicago Midway Intl, Chicago, IL MDW AGL 2004 3 1 4 1.171587824 0 2005 1 2 1 4 1.326092866 0 2006 1 1 0.33824579 1 2007 1 1 0.327541311 3 2008 2 4 6 2.128036886 0 2009 4 2 6 2.464632523 0 2010 3 3 6 2.435321909 0 2011 2 4 6 2.376134109 0 2012 8 5 13 5.14778091 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 110 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 7 2 9 3.58783008 0 2014 10 4 14 5.624455131 0 Chicago O'Hare Intl, IL ORD AGL 2004 4 3 7 0.707726963 5 2005 1 1 4 6 0.612012583 7 2006 2 1 4 2 9 0.9359693 10 2007 1 1 10 12 1.282933984 4 2008 1 9 5 15 1.66451759 0 2009 6 5 11 1.325363481 0 2010 14 14 1.613447857 0 2011 3 11 3 17 1.922598448 0 2012 1 16 12 29 3.298070515 1 2013 12 5 17 1.937257914 1 2014 1 1 15 4 21 2.388692612 2 Chicago Rockford Intl, IL RFD AGL 2004 1 1 1.343598425 3 2005 2 2 2.845071625 3 2006 1 1 2 2.673010612 2 2007 1 1 1.296663684 3 2008 1 1 2 3.003995314 1 2009 1 1 1.954231889 0 2010 2 2 4.289084281 0 2011 1 3 4 9.133045642 0 2012 2 2 4.479383637 4 2013 1 1 2.425124288 2 Dupage Airport, Chicago (West Chicago), IL DPA AGL 2004 0 0 1 2005 1 1 2 1.342561204 1 2006 1 1 0.972668028 0 2007 0 0 1 2008 1 1 1.009326174 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 111 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 1 1 1.139938899 1 2011 1 1 1.179147948 0 2012 1 5 6 7.394717707 0 2014 4 1 5 6.870302431 1 Greater Peoria Regional, IL PIA AGL 2005 0 0 1 2006 0 0 3 2007 0 0 3 2008 1 1 1.934198565 0 2009 1 1 2.282740201 0 2010 1 1 2.806466098 0 2011 1 1 2.299114841 0 2012 1 2 3 6.384744717 0 2013 1 1 2 4.838163433 1 2014 1 1 2.53318472 0 Quad City Intl, Moline, IL MLI AGL 2004 2 1 3 4.540226406 3 2006 1 1 1.889287739 1 2008 1 1 4 6 11.97819968 1 2009 2 7 9 19.38986556 0 2012 4 4 10.5632873 0 2013 2 8 10 28.93685977 0 2014 2 3 5 14.78896152 0 Southern Illinois Airport, Carbondale/Murphysboro, IL MDH AGL 2010 1 1 1.264830133 0 St Louis Downtown Airport, Cahokia/St Louis, IL CPS AGL 2004 1 1 2 1.155167933 1 2006 1 1 0.645132155 2 2007 0 0 1 2008 2 2 1.737438321 0 2009 1 1 0.83948959 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 112 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 3 3 2.653880858 0 2011 2 2 2.230350611 0 2012 1 1 1 3 3.816793893 0 2014 1 1 1.027295234 3 St Louis Regional, Alton/St Louis, IL ALN AGL 2004 1 1 1.421342885 1 University of Illinois-Willard Airport, Champaign-Urbana, IL CMI AGL 2005 0 0 1 2006 1 1 0.840625762 1 2007 2 2 1.837694796 0 2008 2 2 1.983792416 0 2009 2 2 4 4.430414798 0 2010 1 1 1.287398939 0 2012 1 1 1.688419133 0 2013 1 2 3 5.374032674 0 Waukegan Regional, Chicago/Waukegan, IL UGN AGL 2004 1 1 1.212532738 0 2007 1 1 1.445817972 1 2010 1 1 2 3.987558816 0 2013 1 1 2.159920515 0 Williamson CO Regional, Marion, IL MWA AGL 2012 1 1 3.649235485 0 INDIANA Columbus Muni, IN BAK AGL 2006 0 0 2 2007 0 0 2 2008 1 1 2.537749017 0 Delaware CO-Johnson Field, Muncie, IN MIE AGL 2006 1 1 3.840688251 0 2010 1 1 4.378092027 0 2011 1 1 4.583161465 0 Evansville Regional, IN EVV AGL 2005 0 0 1 2006 1 1 1.52716055 0 2007 0 0 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 113 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 2 2 3.107568483 1 2012 1 1 2.447081855 0 2014 0 0 1 Fort Wayne Intl, IN FWA AGL 2004 1 1 1.201980864 1 2005 1 1 1.243533625 0 2006 4 4 5.416677951 1 2007 1 1 1.394544542 2 2008 1 1 1.500060002 0 2011 2 1 3 7.976601968 0 2012 2 2 4.881739852 0 2013 1 1 2.664748048 1 2014 2 2 5.727868946 1 Gary/Chicago Intl, Gary, IN GYY AGL 2009 1 1 2.863606426 2 2010 1 1 2 5.9326056 0 Indianapolis Intl, IN IND AGL 2004 0 0 1 2005 0 0 3 2006 0 0 4 2007 0 0 1 2008 2 2 0.991556893 2 2010 2 2 1.196766337 0 2013 1 2 3 1.951511446 1 2014 0 0 1 Indianapolis Regional, IN MQJ AGL 2011 1 1 N/A 0 Monroe CO Airport, Bloomington, IN BMG AGL 2004 0 0 1 2008 1 1 2.881014117 0 2010 2 2 7.957348611 0 Purdue University Airport, Lafayette, IN LAF AGL 2004 1 1 0.816073381 0 2005 1 1 0.8916073 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 114 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 1 1 0.872988852 0 2007 0 0 1 2008 1 1 0.921183537 0 2011 3 3 3.217089178 0 2012 3 3 3.104272514 2 2013 6 6 6.484803943 0 2014 1 2 3 3.070498649 5 South Bend Regional, IN SBN AGL 2005 1 1 1.524134673 1 2006 1 1 1.667139023 0 2007 1 1 1.892863903 1 2008 1 1 1.992190613 2 2011 1 1 2.763270607 0 2013 1 1 2.762202027 3 2014 1 1 2.76946937 0 Terra Haute Intl-Hulman Field, IN HUF AGL 2004 1 1 1.112458422 0 2005 1 1 1.244493118 0 2006 0 0 3 2009 1 1 2.39308876 0 2010 1 1 1.844576024 0 2011 1 1 2.149058712 0 2013 1 4 5 13.51132249 0 2014 3 3 6.305567816 0 IOWA Des Moines Intl, IA DSM ACE 2004 1 1 2 1.755001755 1 2005 0 0 3 2006 1 1 2 1.854909017 1 2008 3 1 4 4.115988558 1 2009 1 4 5 5.554691492 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 115 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 2 2 2.399318594 0 2011 1 2 3 3.622444667 0 2012 2 2 4 4.874541488 2 2013 2 2 2.571884162 0 2014 2 1 3 4.252725288 0 Dubuque Regional, IA DBQ ACE 2005 0 0 1 2006 0 0 1 2010 1 1 2.117343158 0 Sioux Gateway/Col Bud Day Field, Sioux City, IA SUX ACE 2004 0 0 2 2006 2 2 7.054176072 1 2007 1 1 4.143360265 0 2013 1 1 5.644296438 0 2014 0 0 1 The Eastern Iowa Airport, Cedar Rapids, IA CID ACE 2004 0 0 1 2010 1 1 1.94246421 0 2013 0 0 1 2014 0 0 1 Waterloo Muni, IA ALO ACE 2005 1 1 2.937288882 1 2007 0 0 1 2008 2 2 7.922988551 1 2009 2 2 7.807010696 0 2010 0 0 1 2011 1 1 4.938271605 0 2013 1 4 5 23.90857361 1 2014 2 1 3 18.33852925 0 ISLAND OF SAIPAN IN THE MARIANA ISLANDS Francisco C. Ada/Saipan Intl, Saipan Island, CQ GSN AWP 2011 1 1 2.136934781 0 2012 1 1 2 2.929716111 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 116 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs KANSAS Forbes Field, Topeka, KS FOE ACE 2006 0 0 2 2007 0 0 2 2008 0 0 2 2009 0 0 3 2010 1 1 3.847485668 0 2012 1 1 4.041710452 0 2013 1 1 4.138901536 0 Garden City Regional, KS GCK ACE 2004 1 1 2 8.747375787 1 2005 1 1 4.945109287 1 2007 0 0 1 2010 1 1 3 5 29.77785719 0 2011 2 2 12.39464551 0 Hutchinson Muni, KS HUT ACE 2004 0 0 1 2005 1 1 2.017389901 0 2011 1 1 2.623157232 0 Johnson CO Executive Airport, Olathe, KS OJC ACE 2009 0 0 1 2011 1 1 2.011789084 0 2012 1 1 1.801639492 0 Manhattan Regional, KS MHK ACE 2010 1 1 2 9.238302 0 2012 1 1 4.274234912 0 New Century Aircenter Airport, Olathe, KS IXD ACE 2004 0 0 1 2006 1 1 1.829792684 1 2007 0 0 3 2008 2 2 3.549812747 0 Philip Billard Muni, Topeka, KS TOP ACE 2008 1 1 1.641820451 0 Salina Muni, KS SLN ACE 2004 0 0 1 2007 1 1 1.248299192 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 117 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 1 1 1.419748704 0 2010 1 1 1.720518909 0 Wichita Mid-Continent Airport, KS ICT ACE 2004 1 1 2 1.124037543 2 2005 1 1 2 1.104282961 3 2006 1 1 0.574118728 4 2007 1 1 0.600106819 5 2008 1 1 0.604631477 0 2009 2 2 1.313430483 1 2010 1 1 0.70783431 1 2011 1 1 0.650283849 1 2012 1 1 0.603125396 0 2013 1 1 0.674345211 1 2014 1 1 0.705815923 0 KENTUCKY Barkley Regional, Paducah, KY PAH ASO 2011 2 2 6.18563078 0 Blue Grass Airport, Lexington, KY LEX ASO 2006 0 0 3 2007 0 0 2 2008 3 3 3.909049449 0 2009 1 1 2 2.960419195 1 2010 1 1 2 2.901199646 2 2011 2 2 2.955344741 2 2012 1 1 1.48231597 0 2013 1 1 1.545762293 0 2014 1 1 2 2.946332553 1 Bowman Field, Louisville, KY LOU ASO 2007 1 1 0.996085384 0 2008 1 3 4 4.489287438 0 2009 1 1 1.340662287 0 2010 3 3 4.062728528 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 118 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2011 3 3 6 8.530724827 1 2012 4 5 9 11.39024236 0 2013 3 3 4.019615725 2 2014 1 3 4 5.524709262 2 Cincinnati/Northern Kentucky Intl, Covington, KY CVG ASO 2004 4 2 6 1.157704426 0 2005 1 2 1 4 0.77099962 0 2006 1 1 0.272579832 1 2007 1 1 0.301933279 0 2008 0 0 1 2009 1 1 0.430255572 2 2013 2 2 1.449086351 1 2014 1 1 0.751218853 0 Louisville Intl-Standiford Field, Louisville, KY SDF ASO 2004 0 0 1 2006 1 1 0.560333959 2 2007 2 2 1.127828029 2 2008 2 2 1.198099814 1 2011 1 1 0.650398044 1 2012 1 2 3 2.025138722 0 2013 2 2 1.343553295 3 2014 1 1 0.673495915 2 Owensboro-Daviess CO Airport, Owensboro, KY OWB ASO 2007 0 0 1 2012 1 1 2.607697924 0 LOUISIANA Acadiana Regional, New Iberia, LA ARA ASW 2004 1 1 1.399482192 1 2007 0 0 1 Baton Rouge Metro/Ryan Field, LA BTR ASW 2004 0 0 1 2006 0 0 1 2007 1 1 2 2.220174728 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 119 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 5 5 6.368939954 1 2009 1 1 1.580602842 1 2010 1 1 1.576988583 5 2011 3 1 4 5.951052592 0 2012 2 2 2.939188196 0 2013 4 1 5 7.593129736 2 2014 6 3 9 10.33496779 0 Chennault Intl, Lake Charles, LA CWF ASW 2006 0 0 1 2008 1 1 3.316859597 0 2012 1 1 3.681478482 0 Houma-Terrebonne Airport, Houma, LA HUM ASW 2011 1 1 1.366400219 0 2014 1 1 1.171275636 0 Lafayette Regional, LA LFT ASW 2005 1 1 1.336166005 1 2007 0 0 2 2008 2 2 2.600408264 3 2009 2 1 3 3.690899472 0 2010 1 2 3 4.630987481 4 2011 2 2 4 6.087446164 1 2012 3 1 4 6.504593869 6 2013 5 6 11 18.50107643 1 2014 1 1 1.785618628 0 Lake Charles Regional, LA LCH ASW 2004 0 0 1 2008 0 0 4 2010 1 1 2.484533777 0 2012 1 1 2.168068684 0 2014 1 1 2.590338039 0 Lakefront Airport, New Orleans, LA NEW ASW 2005 1 1 1.14290939 1 2007 0 0 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 120 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 0 0 1 2009 1 1 1.985032852 0 2010 2 2 4 8.088160954 1 2011 6 6 10.16828512 0 2012 8 17 25 42.06346536 2 2013 1 10 11 18.01064265 1 2014 1 1 2 3.564172934 0 Louis Armstrong New Orleans Intl, LA MSY ASW 2005 0 0 2 2006 3 3 2.776081284 0 2007 1 1 0.804233485 1 2008 3 2 5 3.698744646 3 2009 2 2 1.686212682 0 2010 1 4 5 4.214749939 1 2011 1 2 3 2.43352423 0 2013 2 2 1.589092469 0 Monroe Regional, LA MLU ASW 2007 1 1 2.254994814 1 2008 2 2 4.413452202 1 2009 1 4 5 11.86802753 1 2010 6 6 15.88772673 2 2011 2 4 6 17.067759 0 2012 1 1 3.154474622 0 2013 2 2 5.193860856 0 2014 1 1 2.866808096 0 Shreveport Downtown Airport, LA DTN ASW 2004 0 0 3 2006 0 0 1 2007 0 0 3 2008 3 3 5.427801198 0 2009 3 3 5.431535495 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 121 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 1 1.691131705 0 2014 1 7 8 14.53039577 0 Shreveport Regional, LA SHV ASW 2004 0 0 1 2008 1 1 1.811298882 0 2013 0 0 1 2014 0 0 1 MAINE Bangor Intl, ME BGR ANE 2004 0 0 1 2006 0 0 2 2008 1 1 1.504211793 0 2012 1 1 2.096919625 0 2013 1 1 2 4.755224803 1 Portland Intl Jetport, ME PWM ANE 2005 0 0 1 2006 0 0 5 2007 1 1 1.341237694 0 2008 1 1 1.329645782 0 2010 1 1 1.641928281 0 2011 2 2 3.491498202 0 2012 1 1 1.792307417 0 2013 1 3 4 7.641024661 0 2014 1 2 3 6.314460114 0 MARYLAND Andrews AFB, MD ADW AEA 2004 1 1 1.303967975 3 2005 2 2 2.225956883 0 2007 1 1 1.005388884 0 2008 1 1 1.002074294 0 2009 2 2 2.045408059 1 2011 1 1 1.097164926 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 122 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 1 2 2.562952521 0 2014 2 2 2.973845033 1 Baltimore/Washington Intl Thurgood Marshall, MD BWI AEA 2004 1 1 2 0.649878148 6 2005 1 2 1 4 1.279451371 1 2007 1 1 0.331478161 2 2008 1 2 2 5 1.749634326 0 2009 5 1 6 2.260542606 0 2010 1 1 0.363230866 1 2011 1 2 3 1.08179058 0 2012 4 7 11 4.046110952 0 2013 2 8 10 3.84318277 0 2014 2 7 9 3.636892639 0 Easton/Newnam Field, Easton, MD ESN AEA 2008 3 2 5 12.39218796 0 2009 4 4 8.244192997 0 2011 2 2 4.527037733 0 2012 2 1 3 6.846970216 0 2013 1 1 2.053092985 0 2014 2 2 3.210479003 0 Frederick Airport, MD FDK AEA 2012 1 1 2 4.266211604 0 2013 1 2 3 2.952726843 0 2014 3 3 3.371847323 0 Hagerstown Regional/Richard A. Henson Field, MD HGR AEA 2013 1 1 1.710893257 0 Martin State Airport, Baltimore, MD MTN AEA 2011 1 1 1.500847979 0 2013 1 1 2 2.902336381 0 Salisbury-Ocean City Wicomico Regional, Salisbury, MD SBY AEA 2004 1 1 1.757098679 0 2007 1 1 2.073957318 0 2011 1 1 2.277333698 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 123 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs MASSACHUSETTS Barnstable Muni-Boardman/Polando Field, Hyannis, MA HYA ANE 2004 1 1 2 1.720060202 0 2009 1 1 0.885355337 0 Beverly Muni, MA BVY ANE 2007 0 0 1 2014 1 1 2.115954295 0 General Edward Lawrence Logan Intl, Boston, MA BOS ANE 2004 1 1 0.244315392 0 2005 1 3 11 15 3.497506278 4 2006 2 5 7 1.697554067 12 2007 4 4 0.974908298 6 2008 9 8 17 4.419717138 0 2009 7 2 9 2.502933995 1 2010 7 4 11 3.003207972 1 2011 5 4 9 2.40712509 2 2012 6 3 9 2.471217184 0 2013 7 8 15 4.151180457 0 2014 8 2 10 2.713512751 0 Laurence G. Hanscom Field, Bedford MA BED ANE 2004 0 0 1 2005 1 1 0.579743753 0 2006 1 1 2 1.183480973 0 2007 3 3 1.770214373 3 2008 1 1 0.556718479 0 2009 1 1 0.539115527 0 2010 2 3 5 2.901393249 2 2011 3 3 1.791108935 0 2012 1 1 0.587682181 0 2013 2 2 1.313784224 1 2014 0 0 1 Lawrence Muni, MA LWM ANE 2006 1 1 1.242668257 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 124 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 1 1 1.767408978 1 2010 1 1 1.750118133 1 2012 1 1 1.885405079 0 Marthas Vineyard Airport, Vineyard Haven, MA MVY ANE 2005 1 1 1.885938443 0 2008 1 1 1.989337153 0 2010 1 1 2.424477525 0 2013 1 1 2.18459858 0 Nantucket Memorial Airport, MA ACK ANE 2004 1 1 0.699594235 0 2005 0 0 1 2007 0 0 1 2014 0 0 1 New Bedford Regional, MA EWB ANE 2009 1 1 2 3.10318076 0 2010 1 1 1.447827535 0 2011 1 1 1.797461984 0 Norwood Memorial Airport, MA OWD ANE 2006 0 0 1 Worcester Regional, MA ORH ANE 2007 0 0 1 MICHIGAN Ann Arbor Muni, MI ARB AGL 2008 1 1 1.445776165 0 2009 1 1 2 3.61004314 0 2010 1 1 1.603129308 0 2012 1 1 1.569292092 2 2013 3 3 5.151275799 6 2014 7 7 12.09879531 6 Battle Creek Intl, Kalamazoo, MI AZO AGL 2004 1 1 1.048987727 0 2005 1 1 2 2.163940102 4 2006 2 2 2.697162585 2 2007 1 1 1.575398576 2 2008 1 1 1.600640256 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 125 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 2 5 7 13.9795898 1 2010 0 0 2 2011 1 1 2.098327633 0 2012 0 0 1 2013 3 3 6.673191565 0 Bishop Intl, Flint, MI FNT AGL 2005 1 1 0.747305962 0 2006 0 0 2 2007 1 1 2 2.351447316 0 2009 1 3 4 6.697362913 1 2012 1 2 3 6.754626919 0 2014 1 1 2.796342384 0 Capital City Airport, Lansing, MI LAN AGL 2005 1 1 1.1914123 1 2006 0 0 3 2007 0 0 1 2009 1 1 2.398771829 0 2010 0 0 1 2011 0 0 1 2013 0 0 1 2014 0 0 2 Cherry Capital Airport, Traverse City, MI TVC AGL 2012 2 2 2.349706874 0 2013 1 1 1.142165317 0 2014 2 1 3 3.469010176 0 Coleman A. Young Muni, Detroit, MI DET AGL 2005 2 2 2.599124095 1 2006 0 0 2 2008 1 1 1.673948342 0 2010 2 2 2.985386533 0 2011 1 1 2 3.232427715 0 Detroit Metro Wayne CO Airport, MI DTW AGL 2004 5 5 0.970883212 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 126 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2005 1 1 0.18804875 0 2006 2 2 0.411651381 4 2007 2 2 0.423078957 4 2008 8 3 11 2.351774093 0 2009 1 3 4 0.912034292 7 2010 2 2 4 0.897867565 2 2011 4 1 5 1.118455636 0 2012 2 1 3 0.693348248 1 2013 12 3 15 3.524245635 2 2014 1 4 7 12 3.000780203 0 Gerald R. Ford Intl, Grand Rapids, MI GRR AGL 2006 0 0 1 2007 0 0 1 2008 1 1 1.000430185 0 2010 1 1 1.151185145 0 2012 1 1 1.161683046 0 2014 1 1 1.343616478 0 Jackson CO-Reynolds Field, Jackson, MI JXN AGL 2005 0 0 1 2006 2 2 4.136675767 1 2007 0 0 3 2008 1 1 1.966607013 1 2013 2 2 4.392901072 0 2014 0 0 1 MBS Intl, Saginaw, MI MBS AGL 2005 0 0 1 2006 0 0 2 2007 1 1 2.626326295 2 2009 1 1 3.220715643 1 2011 1 1 3.735524841 0 Muskegon CO Airport, MI MKG AGL 2004 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 127 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2005 1 1 1.919901701 2 2009 0 0 1 2014 1 1 3.058010458 0 Oakland CO Intl, Pontiac, MI PTK AGL 2004 0 0 1 2005 1 1 0.463499421 1 2006 1 1 0.512670655 4 2007 1 1 0.478016042 2 2008 3 3 1.752745969 1 2009 1 3 4 2.772098825 2 2010 4 7 11 8.676515827 1 2011 1 1 0.874944222 0 2012 2 2 1.535272895 1 2013 3 2 5 4.019292605 2 2014 1 1 0.903530092 1 Sawyer Intl, Marquette, MI SAW AGL 2006 0 0 1 2007 0 0 1 2008 1 1 4.006410256 1 2012 1 1 5.128731152 0 Willow Run Airport, Detroit, MI YIP AGL 2004 1 1 2 1.738873384 1 2005 2 2 1.867274153 1 2006 1 1 1.177287764 0 2010 3 3 4.462957453 0 2011 5 5 7.432181345 0 2013 3 5 8 11.7327858 1 W. K. Kellogg Airport, Battle Creek, MI BTL AGL 2005 0 0 1 2006 0 0 1 2010 0 0 1 2011 1 1 1.478896152 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 128 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 1 1 1.213636419 0 MINNESOTA Anoka CO-Blaine Airport, Minneapolis, MN ANE AGL 2004 0 0 1 2008 1 3 4 5.638090942 0 2009 0 0 1 2014 1 1 1.44667554 0 Crystal Airport, Minneapolis, MN MIC AGL 2004 0 0 1 2005 1 1 1.399305944 2 2006 0 0 1 2007 1 1 1.88423274 3 2008 1 2 3 5.601927063 0 2009 2 2 4 9.662302527 0 2010 10 10 22.40996795 4 2011 6 6 14.57619707 3 2012 5 5 9.946487895 1 2013 6 6 14.12994843 0 2014 2 2 4.670714619 2 Duluth Intl, MN DLH AGL 2005 1 1 1.449023358 3 2006 1 1 1.529894131 0 2007 0 0 2 2008 1 1 1.517911354 0 2010 1 1 1.986807598 1 2012 1 1 1.60433813 0 2013 2 4 6 10.88909457 1 2014 1 3 4 7.382116822 0 Flying Cloud Airport, Minneapolis, MN FCM AGL 2004 1 1 0.626625309 4 2006 2 2 1.406934782 2 2007 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 129 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 2 3 5 4.244049842 0 2009 4 11 15 12.55923774 0 2010 3 11 14 14.12771454 3 2011 2 4 6 5.736905513 1 2012 3 4 7 7.127220893 1 2013 3 1 4 5.166023066 1 2014 5 5 6.804109682 1 Minneapolis-St. Paul Intl (Wold- Chamberlain), MN MSP AGL 2004 1 1 2 0.374774667 3 2005 5 5 0.919482736 3 2006 3 2 5 1.037738394 1 2007 2 2 0.436748928 2 2008 1 1 0.220038947 0 2009 5 3 8 1.816629426 0 2010 2 1 3 0.70165919 0 2011 6 3 9 2.046570857 0 2012 8 8 1.879893598 1 2013 7 5 12 2.797222358 0 2014 1 6 7 1.675073943 0 Rochester Intl, MN RST AGL 2004 1 1 1.450158067 0 2005 1 1 1.506568639 2 2007 1 1 1.739342181 0 2010 1 1 2.435697584 0 2011 3 3 7.482416322 1 2012 1 1 2.751410098 0 2014 1 1 2.783576896 0 St Cloud Regional, MN STC AGL 2005 0 0 5 2006 0 0 5 2007 0 0 6 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 130 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 1 1 2.500562627 0 2010 1 3 4 11.12501738 0 2011 1 1 2.855674225 0 St Paul Downtown Holman Field, MN STP AGL 2004 1 1 0.764619525 5 2005 1 1 0.801147243 5 2006 0 0 3 2007 0 0 4 2008 2 2 1.771149742 1 2010 2 2 2.318975013 0 2011 1 1 2 2.269040083 0 2012 1 1 1.225955939 0 2013 1 1 2 2.78497229 0 2014 1 1 1.506001416 3 MISSISSIPPI Golden Triangle Regional, Columbus- West Point-Starkville, MS GTR ASO 2004 0 0 1 2005 0 0 3 2006 0 0 1 2008 2 2 6.210408645 0 2014 0 0 1 Gulfport-Biloxi Intl, MS GPT ASO 2004 0 0 1 2005 0 0 1 2006 1 1 1.568135487 2 2007 0 0 2 2008 1 1 1.828019889 0 2010 1 1 2 2.587422539 0 2013 1 1 1.742554934 0 2014 1 1 2.051239975 0 Hawkins Field, Jackson, MS HKS ASO 2004 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 131 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 1 1 2.949678485 0 2013 1 1 3.334778404 0 Jackson-Evers Intl, Jackson, MS JAN ASO 2005 0 0 1 2008 1 1 2 2.956087323 0 2010 1 1 1.445817972 0 2012 1 1 1.911241925 1 2014 0 0 1 Mid Delta Regional, Greenville, MS GLH ASO 2006 0 0 1 2008 1 1 3.90579229 0 2009 1 1 3.916500215 0 Tupelo Regional, MS TUP ASO 2005 0 0 1 2009 1 1 1.628929793 0 2013 0 0 2 MISSOURI Branson, MO BBG ACE 2010 1 1 14.5327714 0 2011 1 1 13.78359752 0 2013 1 1 14.19647927 0 2014 1 1 13.92175971 0 Cape Girardeau Regional, MO CGI ACE 2004 0 N/A 1 Charles B. Wheeler Downtown Airport, Kansas City, MO MKC ACE 2005 2 2 1.971822654 7 2006 1 5 6 7.41885626 4 2007 0 0 1 2008 1 1 1.268858408 0 2010 2 2 2.816703049 1 2012 1 1 2 2.673796791 0 2013 2 4 6 8.666512595 0 2014 1 3 4 5.763605712 0 Jefferson City Memorial Airport, MO JEF ACE 2009 1 1 3.858322401 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 132 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 1 1 3.340682836 0 Joplin Regional, MO JLN ACE 2004 0 0 4 2006 0 0 1 2008 3 3 12.9237927 0 2010 1 1 2 9.551554515 0 2011 4 4 16.0140924 0 2012 3 7 10 37.90894272 2 2013 1 8 9 32.04557593 1 2014 3 3 10.93453856 0 Kansas City Intl, MO MCI ACE 2005 0 0 2 2006 0 0 2 2008 1 1 0.529122926 1 2009 1 1 0.660153156 2 2010 1 3 4 2.747762291 1 2011 1 1 0.695178244 4 2013 1 1 2 1.547532459 0 2014 2 2 1.571054885 0 Lambert-St Louis Intl, MO STL ACE 2004 1 1 0.33317674 5 2005 1 1 2 0.673797692 1 2006 1 1 0.349153477 1 2007 1 2 3 1.153792902 1 2008 1 2 3 1.172365012 0 2009 1 2 3 1.387687511 1 2010 3 2 5 2.641184518 0 2011 4 4 2.102507766 0 2012 2 1 3 1.55864398 1 2013 2 2 1.052964094 0 2014 3 3 1.626501125 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 133 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Spirit of St Louis Airport, St Louis, MO SUS ACE 2006 0 0 3 2008 1 1 0.80867547 1 2014 0 0 1 Springfield-Branson National Airport, Springfield, MO SGF ACE 2005 1 1 1.164632442 0 2006 0 0 1 2007 1 1 1.342209814 4 2008 0 0 1 2009 0 0 1 2010 2 2 3.70130471 0 2012 1 1 2.220297964 0 MONTANA Billings Logan Intl, MT BIL ANM 2004 1 1 1.005116041 1 2005 0 0 4 2006 0 0 3 2008 1 4 5 5.237795935 0 2009 1 4 5 5.9765004 2 2010 4 8 12 15.33193642 2 2011 1 1 2 2.441585077 0 2012 2 1 3 3.518855199 0 2013 2 2 2.60206604 0 2014 2 1 3 3.764729504 0 Gallatin Field, Bozeman, MT BZN ANM 2005 0 0 1 2006 0 0 3 2007 1 1 1.251830803 1 2008 2 2 2.504727673 0 2009 2 2 4 5.614980769 0 2010 2 2 2.855592678 0 2012 2 2 2.431877044 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 134 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 1 2 2.662513146 0 2014 1 1 1.26146355 0 Glacier Park Intl, Kalispell, MT GPI ANM 2005 0 N/A 1 2007 1 1 1.817620008 0 2009 2 2 7.017051435 0 Great Falls Intl, MT GTF ANM 2005 1 1 2.113137375 1 2009 0 0 1 2010 1 2 3 7.008035881 1 2011 1 1 2.567789647 0 2012 1 2 3 8.116004761 0 2013 1 2 3 8.349800996 1 2014 2 2 5.973002031 1 Helena Regional, MT HLN ANM 2004 1 1 1.698254195 0 2005 0 0 2 2006 0 0 2 2007 1 1 1.697850521 2 2008 1 1 1.60115283 0 2010 0 0 1 2011 1 1 2 4.524375071 0 2012 1 1 2 4.988775256 1 2014 2 2 5.431093007 0 Missoula Intl, MT MSO ANM 2007 0 0 2 2008 1 1 2 4.71475719 0 2009 1 1 2 5.141916907 0 2010 1 1 2.372254116 0 2013 1 2 3 8.374741779 0 2014 2 2 5.899879052 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 135 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs NEBRASKA Central Nebraska Regional, Grand Island, NE GRI ACE 2004 0 0 1 2008 1 1 4.970425966 0 Eppley Airfield, Omaha, NE OMA ACE 2004 1 1 0.707979639 3 2005 1 1 0.680508204 4 2006 1 1 0.714970043 5 2007 1 1 0.738285259 3 2008 7 7 5.592930536 0 2009 2 2 1.78469446 4 2010 6 6 5.44652421 1 2011 1 1 0.908100254 0 2012 2 2 1.8972452 0 2013 1 2 3 3.034072636 1 2014 2 2 2.032169239 1 Lincoln Airport, NE LNK ACE 2004 0 0 5 2005 2 2 2.545565625 4 2006 1 1 1.171618708 1 2007 0 0 2 2008 1 1 1.380719631 1 2009 3 3 4.492564805 0 2010 2 3 5 8.094937426 1 2011 4 4 6.639775576 2 2012 1 3 4 6.44922045 0 2013 2 2 4 7.014713361 0 2014 1 1 2 3.614479605 1 NEVADA Elko Regional, NV EKO AWP 2004 1 1 3.792331905 2 2005 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 136 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 0 0 4 Henderson Executive Airport, Las Vegas, NV HND AWP 2008 1 1 1.511578693 1 2009 2 2 3.295110057 1 2010 5 5 6.519414817 0 2011 1 1 1.119870991 1 2012 1 1 1.064361968 0 2013 1 5 6 6.678316619 1 2014 2 1 3 3.274394237 0 McCarran Intl, Las Vegas, NV LAS AWP 2004 2 2 4 0.710839412 4 2005 2 4 6 0.994221914 2 2006 1 4 5 0.808123908 3 2007 6 6 0.972549782 2 2008 6 6 12 1.978611213 1 2009 5 8 13 2.525748059 0 2010 6 4 10 1.976077605 0 2011 3 1 4 0.759336037 1 2012 2 6 8 1.505907865 0 2013 6 6 12 2.301606329 1 2014 8 5 13 2.48701967 0 North Las Vegas Airport, NV VGT AWP 2004 1 1 1 3 1.307121196 3 2005 1 1 5 7 3.122727658 4 2006 3 5 8 3.436514687 9 2007 1 10 11 5.017332604 13 2008 2 11 13 7.139836443 7 2009 1 6 7 5.016302985 2 2010 2 3 5 3.70592726 2 2011 3 17 20 13.88483914 0 2012 3 21 24 16.25586735 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 137 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 11 12 9.649249771 1 2014 3 9 12 9.109127346 4 Reno/Tahoe Intl, NV RNO AWP 2004 2 1 3 2.078022831 6 2005 3 3 1.935921014 3 2006 1 1 2 1.296394726 7 2007 1 5 6 3.697860172 9 2008 1 1 2 1.441285627 2 2009 1 1 2 1.94486313 1 2010 1 1 2 2.154127847 0 2011 1 4 5 5.641685284 0 2012 1 1 1.219482452 0 2013 2 4 6 7.899726143 0 2014 1 4 5 6.69918002 0 NEW HAMPSHIRE Boire Field, Nashua, NH ASH ANE 2005 0 0 1 2006 1 1 0.848126065 1 2008 1 1 1.00270731 0 2012 4 4 6.713549622 0 2013 1 1 1.803068823 0 Lebanon Muni, NH LEB ANE 2007 0 0 2 2009 0 0 1 Manchester Airport, NH MHT ANE 2004 0 0 1 2005 1 1 0.933549917 2 2007 2 2 2.133629197 1 2008 16 16 19.75552537 0 2009 5 5 7.058657443 0 2010 2 2 2.912352744 0 2011 3 3 4.538440592 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 138 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 2 2 3.28779734 0 2013 1 2 3 5.303632989 0 2014 3 3 5.684617425 0 NEW JERSEY Atlantic City Intl, NJ ACY AEA 2004 0 0 4 2005 0 0 1 2007 0 0 1 2008 1 5 6 6.44253793 0 2009 1 1 1.00336126 0 2010 3 3 2.797202797 0 2011 0 0 2 2012 3 3 3.830488132 0 2014 3 3 3.735478328 0 Essex CO Airport, Caldwell, NJ CDW AEA 2004 1 1 0.933898653 2 2005 1 1 2 1.793062641 3 2006 0 0 3 2007 2 2 1.993998066 4 2009 1 2 3 3.523152987 0 2010 1 1 2 2.607833933 0 2011 1 1 2 2.527901715 0 2013 1 1 1.273447349 1 2014 1 1 2 2.604437962 1 Morristown Muni, NJ MMU AEA 2004 0 0 1 2007 0 0 2 2008 1 1 0.70931544 0 2010 0 0 1 2011 1 1 0.893870728 2 2012 1 1 2 2.961383558 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 139 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 2 3 5 8.034580836 0 2014 2 2 3.022426404 0 Newark Liberty Intl, NJ EWR AEA 2004 1 1 3 5 1.151816299 4 2005 1 4 5 1.134072295 5 2006 2 5 7 1.564917238 2 2007 0 0 4 2008 1 2 5 8 1.796699015 0 2009 5 5 10 2.377047232 0 2010 1 1 2 0.489283469 0 2011 5 2 7 1.697599352 0 2012 10 3 13 3.051406816 0 2013 4 4 0.961790469 1 2014 15 4 19 4.706325301 0 Teterboro Airport, NJ TEB AEA 2004 1 3 4 1.810675744 0 2005 1 2 1 4 1.829064753 6 2006 3 3 1.502637128 5 2007 1 1 4 6 2.967461782 4 2008 1 2 1 4 2.141797718 0 2009 1 3 4 2.786660257 0 2010 1 1 0.636634495 1 2011 4 4 8 4.959394954 0 2012 7 1 8 4.968789789 0 2013 5 2 7 4.37669597 0 2014 2 2 4 2.414438341 2 Trenton Mercer Airport, Trenton, NJ TTN AEA 2005 0 0 1 2006 0 0 2 2007 0 0 2 2009 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 140 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 1 1 1.189654762 0 2011 1 1 2 2.566504549 0 2012 2 2 2.544399776 0 2013 1 1 1.25495708 1 2014 2 2 2.588360144 0 NEW MEXICO Albuquerque Intl Sunport, NM ABQ ASW 2004 1 1 2 0.995976256 0 2005 1 1 0.508869597 2 2006 1 1 2 1.024584915 2 2007 1 1 0.526041694 3 2008 2 2 1.07812062 0 2009 2 2 4 2.483500245 0 2010 1 3 4 2.547511082 1 2011 3 4 7 4.517323937 0 2012 2 3 5 3.319281707 1 2013 2 5 7 5.036297314 1 2014 2 2 4 3.039421294 1 Double Eagle II, Albuquerque, NM AEG ASW 2011 1 1 1.429858301 0 2012 1 1 1.47273236 0 2013 1 1 1.532754974 1 Four Corners Regional, Farmington, NM FMN ASW 2007 1 1 0.964906356 0 2009 1 1 1.468515038 0 2010 0 0 1 2013 1 1 2.715472764 0 2014 1 1 2.846488856 1 Lea CO Regional, Hobbs, NM HOB ASW 2011 1 1 8.797395971 0 2012 0 0 1 2013 1 1 11.26506703 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 141 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Roswell Intl Air Center, NM ROW ASW 2005 1 1 1.621165943 1 2008 1 1 1.808808899 0 2012 0 0 1 2014 1 1 2.097095523 1 Santa Fe Muni, NM SAF ASW 2014 0 0 1 NEW YORK Albany Intl, NY ALB AEA 2004 1 1 0.742351919 1 2007 0 0 1 2008 1 1 1.060299216 0 2009 1 1 1.068661501 0 2010 1 1 2 2.10059762 0 2012 1 1 1.293092301 0 2013 2 2 2.699273895 0 2014 1 1 1.382341964 0 Buffalo Niagara Intl, NY BUF AEA 2004 1 1 0.708546488 0 2005 0 0 1 2007 1 1 0.727452606 1 2008 1 1 0.72190699 0 2009 2 2 1.508159141 0 2010 1 2 3 2.289726759 0 2012 2 2 1.604209446 0 2013 2 1 3 2.41021933 0 2014 1 1 2 1.664115024 0 Dutchess CO Airport, Poughkeepsie, NY POU AEA 2004 0 0 1 2005 0 0 1 2006 1 1 0.879136336 0 2007 0 0 1 2008 2 2 2.320024128 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 142 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 2 2 3.518401238 0 2010 1 1 1.467739095 0 2011 3 3 4.218934578 0 2012 2 2 2.311310397 0 2013 2 2 2.504257237 0 Elmira/Corning Regional, NY ELM AEA 2004 1 1 1.995171685 1 2006 1 1 2.582244487 1 2008 1 1 2.663683341 0 2012 1 1 3.71830148 0 2014 1 1 2 9.084302326 2 Francis S. Gabreski Airport, Westhampton Beach, NY FOK AEA 2011 1 1 1.807435791 0 2012 1 1 1.636072118 0 Greater Binghamton/Edwin A. Link Field, NY BGM AEA 2004 1 1 2.774155963 1 2006 0 0 2 2008 1 1 4.386734515 1 2009 1 1 4.600239212 1 2011 1 1 4.819973972 0 2012 3 3 13.30908123 0 Greater Rochester Intl, NY ROC AEA 2004 0 0 1 2005 0 0 1 2006 1 1 0.725968624 1 2007 1 1 0.836638054 7 2009 2 2 1.865689046 0 2011 1 1 0.95640697 0 2012 1 1 1.067452312 0 2013 1 1 1.092132279 0 2014 2 1 3 3.374843913 3 Ithaca Tompkins Regional, Ithaca, NY ITH AEA 2005 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 143 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 0 0 1 2007 0 0 1 2010 1 1 2.190676481 0 John F Kennedy Intl, New York, NY JFK AEA 2004 1 1 0.313904724 0 2005 1 1 2 4 1.111089507 1 2006 1 3 4 1.062990138 3 2007 2 2 0.441249796 1 2008 9 2 11 2.428465144 0 2009 2 6 8 1.854582209 0 2010 6 2 8 1.984648742 0 2011 2 1 3 0.726251574 1 2012 4 2 1 7 1.699553018 1 2013 1 4 5 1.223214657 1 2014 13 1 14 3.289319111 2 La Guardia Airport, New York, NY LGA AEA 2004 1 1 0.250891291 1 2005 0 0 1 2006 2 2 0.49330584 0 2007 2 3 5 1.245609227 0 2008 2 1 3 0.768190757 0 2009 2 2 4 1.114221647 0 2010 2 1 3 0.822702193 0 2012 1 6 1 8 2.124726773 0 2013 5 1 6 1.615334913 0 2014 12 12 3.239959501 1 Long Island MacArthur Airport, Islip, NY ISP AEA 2004 1 1 0.561968238 0 2005 1 1 0.567147419 1 2006 1 1 0.542605374 3 2007 1 1 0.53917657 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 144 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 1 1 0.547936198 0 2010 1 2 3 1.932566319 0 2011 2 1 3 2.281021898 0 2012 1 1 0.645190428 0 2013 1 1 0.896193865 1 Niagara Falls Intl, NY IAG AEA 2005 1 1 2.1165365 0 2006 0 0 5 2007 0 0 6 2008 1 1 3.091859135 0 2009 2 2 5.322687957 0 2010 1 1 2.761973154 0 2011 1 1 3.529577862 0 2012 2 2 7.906388362 0 Oneida CO Airport, Utica, NY UCA AEA 2005 0 0 1 2006 0 0 2 Republic Airport, Farmingdale, NY FRG AEA 2004 1 1 0.501177768 0 2005 1 1 0.490410032 2 2006 1 1 0.520218284 0 2007 1 1 0.52429862 1 2009 2 1 3 1.751845277 0 2010 3 1 4 2.07851594 0 2011 2 2 1.102687802 0 2012 5 5 2.313144211 0 2013 2 2 4 1.887175229 0 2014 3 3 1.543090811 0 Rome/Griffiss Intl, Rome, NY RME AEA 2010 1 1 1.9132165 0 Stewart Intl, Newburgh, NY SWF AEA 2004 1 1 0.966360974 0 2008 2 2 2.349044526 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 145 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 1 1 2 4.419889503 0 2010 1 1 2.221037669 0 Syracuse Hancock Intl, NY SYR AEA 2004 0 0 3 2005 2 2 1.605639004 1 2006 1 1 0.859409242 0 2008 1 1 2 1.90077932 1 2009 0 0 1 2012 1 1 1.462437298 0 2013 1 1 2 3.036698501 1 2014 1 1 1.62927481 0 Westchester CO Airport, White Plains, NY HPN AEA 2004 1 1 0.519853193 1 2005 2 2 1.023923984 1 2006 1 1 0.524128244 0 2007 1 1 0.49365164 0 2008 1 4 5 2.664023955 0 2009 1 1 0.583056382 0 2010 1 1 0.542658375 0 2011 2 2 4 2.068915578 0 2012 1 5 3 9 4.700868094 0 2013 2 2 1.1622231 0 2014 1 1 0.654116354 3 NORTH CAROLINA Asheville Regional, NC AVL ASO 2004 0 0 1 2006 0 0 1 2008 0 0 1 2010 2 2 2.922438483 0 2012 1 1 1.61631835 0 2013 2 2 3.237450831 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 146 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 1 1 1.452074288 0 Charlotte/Douglas Intl, NC CLT ASO 2004 1 1 0.21812915 3 2005 4 4 0.77178657 2 2006 1 1 2 0.394188091 7 2007 3 3 0.573847475 5 2008 3 4 7 1.294960568 1 2009 1 3 3 7 1.357928654 0 2010 4 3 7 1.355063388 2 2011 5 6 11 2.021999353 3 2012 1 4 5 10 1.818403333 1 2013 9 5 14 2.520292858 1 2014 1 7 6 14 2.560004681 2 Coastal Carolina Regional, New Bern, NC EWN ASO 2011 0 0 3 2013 1 1 3.076071242 0 2014 1 1 3.278903535 2 Concord Regional, NC JQF ASO 2005 0 0 1 2010 0 0 1 2011 0 0 1 Fayetteville Regional/Grannis Field, NC FAY ASO 2013 1 2 3 6.661929295 0 2014 2 2 5.301805265 0 Hickory Regional, NC HKY ASO 2004 0 0 2 2009 1 1 3.249918752 0 2013 2 2 6.539366989 0 2014 0 0 1 Piedmont Triad Intl, Greensboro, NC GSO ASO 2004 0 0 1 2005 1 1 0.746090486 0 2006 0 0 3 2007 1 1 0.914452929 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 147 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 2 2 1.97951205 0 2009 3 3 3.604902668 1 2010 3 3 6 6.86176965 1 2011 1 2 3 3.317079643 0 2012 0 0 1 2013 2 3 5 6.043391551 0 2014 1 1 1.282199228 0 Raleigh-Durham Intl, NC RDU ASO 2005 0 0 2 2006 1 1 0.411685275 4 2007 1 1 0.397232087 20 2008 3 2 5 2.096717379 6 2010 3 3 1.604218024 0 2011 1 1 0.522277758 0 2012 3 3 1.56732442 0 2014 2 2 1.0854051 2 Smith Reynolds Airport, Winston Salem, NC INT ASO 2007 0 0 1 Wilmington Intl, NC ILM ASO 2004 1 1 2 2.417970356 0 2005 0 0 2 2006 0 0 2 2007 1 1 1.171330514 0 2008 2 1 3 4.141186864 0 2011 1 1 2 3.602175714 0 2012 1 1 1.897353192 1 2014 2 2 4.331535746 0 NORTH DAKOTA Bismarck Muni, ND BIS AGL 2006 0 0 1 2008 2 2 4.186289901 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 148 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2011 1 1 2.089820484 0 2012 1 1 2 3.920799843 0 Grand Forks Intl, ND GFK AGL 2004 1 1 2 0.748629073 2 2005 1 1 0.393369366 1 2006 1 1 0.439052875 3 2007 0 0 3 2008 1 1 2 0.868734254 4 2009 3 2 5 1.512497769 3 2010 3 1 4 1.167450318 2 2011 1 1 0.28968462 2 2012 1 2 3 0.806425599 0 2013 1 1 2 0.585567517 1 2014 2 1 3 0.925366137 1 Hector Intl, Fargo, ND FAR AGL 2004 0 0 6 2005 1 1 1.262530616 3 2006 0 0 2 2007 0 0 2 2009 2 2 2.434511637 0 2010 1 1 1.282890095 0 2011 0 0 1 2012 2 2 2.472890933 0 2013 2 2 2.511584684 0 2014 1 1 2 2.606916149 0 Minot Intl, ND MOT AGL 2008 1 1 2.835029626 0 2009 1 1 2.67044089 0 OHIO Akron-Canton Regional, Akron, OH CAK AGL 2004 0 0 1 2005 1 1 2 1.858217969 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 149 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 1 1 0.932392239 1 2007 0 0 2 2008 2 2 1.90218942 0 2009 2 2 2.388858365 0 2011 1 1 1.436575205 0 2012 1 1 2 2.790022878 1 Bolton Field, Columbus, OH TZR AGL 2005 0 0 1 2006 0 0 1 2007 0 0 1 2009 2 2 8.045699574 0 2010 2 2 8.457374831 1 2011 1 1 5.47645126 0 2013 1 1 4.68735352 0 Burke Lakefront Airport, Cleveland, OH BKL AGL 2005 0 0 1 2007 0 0 2 2010 2 2 3.623976227 0 2011 1 1 1.859773108 0 2012 1 1 1.625804773 0 2013 0 0 1 Cincinnati Muni-Lunken Field, OH LUK AGL 2005 1 1 1.148501206 1 2006 0 0 1 2007 1 1 1.375194246 0 2008 2 3 5 7.09320471 1 2009 1 1 1.630417061 0 2011 1 2 3 4.768186659 1 Cleveland-Hopkins Intl, OH CLE AGL 2004 3 2 5 1.891167115 2 2005 2 2 0.76426598 2 2006 1 3 4 1.594851818 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 150 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 1 6 7 2.837477402 6 2008 1 5 8 14 5.707204122 1 2009 5 3 8 3.930489297 0 2010 1 3 4 2.066959141 1 2011 3 3 1.573333054 2 2012 1 1 2 1.090798028 0 2013 4 1 5 2.771572535 2 2014 1 1 0.677956909 0 Cuyahoga CO Airport, Cleveland, OH CGF AGL 2011 1 1 2.803161967 0 2013 1 1 3.389945422 0 James M Cox Dayton Intl, OH DAY AGL 2004 0 0 1 2005 0 0 2 2006 0 0 2 2007 0 0 1 2009 1 1 1.489447266 0 2011 2 2 2.992309764 0 2012 3 3 4.662004662 0 2013 1 4 5 8.218007298 0 2014 1 1 2 3.641461683 0 Mansfield Lahm Regional, OH MFD AGL 2004 1 1 2.734855736 0 2005 2 2 6.004924038 1 2006 1 1 2 5.603967609 1 2009 2 2 8.753501401 0 2012 1 2 3 16.36661211 1 2013 3 3 18.27151471 4 Ohio State University Airport, Columbus, OH OSU AGL 2004 2 2 2.00382731 1 2005 0 0 1 2007 0 0 5 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 151 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2008 2 2 4 5.739539689 1 2010 1 1 1.441358336 0 2011 1 1 1.426492825 0 2013 5 5 6.850910486 0 2014 2 2 4 5.626353841 0 Port Columbus Intl, Columbus, OH CMH AGL 2004 1 1 0.436062357 0 2006 0 0 3 2007 0 0 3 2008 0 0 2 2009 3 3 2.037406789 0 2010 1 1 0.723939971 1 2011 1 1 2 1.471410494 1 2012 1 1 0.756092213 0 2013 1 1 2 1.57267323 0 2014 1 1 0.799552251 1 Toledo Express Airport, OH TOL AGL 2006 0 0 1 2007 0 0 3 2009 2 2 3.192746081 0 2010 3 3 4.494449355 0 2012 1 1 3.069461923 0 2014 1 1 3.306987665 0 Youngstown-Warren Regional, Youngstown, OH YNG AGL 2005 0 0 1 2006 1 1 1.34461013 1 2008 1 3 4 6.514764084 1 2009 2 2 3.548679004 0 2010 2 2 4.347353549 0 2013 0 0 1 2014 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 152 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs OKLAHOMA Ardmore Muni, OK ADM ASW 2004 0 0 1 2006 0 0 1 2013 0 0 1 2014 4 4 19.88664612 0 Enid Woodring Regional, Enid, OK WDG ASW 2005 0 0 1 2006 1 1 3.288608261 0 2007 0 0 1 2013 1 1 2.559508574 0 Lawton-Fort Sill Regional, OK LAW ASW 2013 1 1 4.558924094 0 2014 1 1 3.86115294 0 Richard Lloyd Jones Jr Airport, Tulsa, OK RVS ASW 2004 1 1 0.347327144 0 2005 1 2 3 0.888612432 1 2006 1 1 0.394905716 4 2007 1 1 0.371444809 3 2008 1 1 0.293635739 1 2010 2 2 0.961885295 0 2012 1 1 2 1.138569615 0 2013 1 1 0.709592268 2 2014 3 2 5 3.851041707 0 Stillwater Regional, OK SWO ASW 2004 1 1 1.671374371 2 2009 2 1 3 5.279552294 0 2010 1 1 1.906650397 0 2011 4 4 6.639885794 0 2012 4 4 6.918021446 0 Tulsa Intl, OK TUL ASW 2004 0 0 4 2005 1 1 0.630473296 2 2006 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 153 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 2 2 1.472710671 4 2008 2 2 4 2.957529871 0 2009 1 1 2 1.698715771 0 2010 0 0 1 2011 2 2 1.84984785 1 2012 4 4 3.948745286 1 2013 1 8 9 9.384286534 0 2014 1 2 3 3.111613579 0 University of Oklahoma Westheimer Airport, Norman, OK OUN ASW 2005 1 1 0.979931013 0 2007 0 0 2 Wiley Post Airport, Oklahoma City, OK PWA ASW 2006 0 0 1 2008 1 1 1.346003715 0 2009 0 0 1 2014 1 1 1.74437874 0 Will Rogers World Airport, Oklahoma City, OK OKC ASW 2004 0 0 5 2005 1 1 0.882628113 1 2006 0 0 4 2008 1 1 0.752134181 0 2012 2 2 1.608661031 0 2013 1 1 0.912050929 1 2014 1 3 4 3.251213109 0 OREGON Eastern Oregon Regional at Pendleton, OR PDT ANM 2009 0 0 1 2010 1 1 7.61730652 0 2011 1 1 8.182636445 0 2014 1 1 7.973845786 0 Mahlon Sweet Field Airport, Eugene, OR EUG ANM 2004 2 2 2.161344356 8 2005 0 0 3 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 154 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2006 1 1 1.088091922 1 2007 0 0 3 2008 1 3 4 5.036895258 1 2009 2 2 2.705261734 0 2010 1 1 2 2.848597066 1 2011 1 1 1.435214421 1 2012 2 2 3.418920305 1 2013 1 1 1.717652313 1 2014 1 1 1.568160078 0 McNary Field, Salem, OR SLE ANM 2004 0 0 2 2005 2 2 4.114549045 0 2006 0 0 1 2008 1 1 1.50579732 0 2009 1 1 1.945260373 1 2010 2 2 5.03626108 0 2012 1 1 3.182787485 0 2013 2 2 5.950432894 2 2014 1 1 2.953424496 0 Portland-Hillsboro Airport, Portland, OR HIO ANM 2004 1 1 0.548570425 0 2005 1 1 0.456527198 0 2007 0 0 1 2008 2 1 3 1.150973148 0 2009 3 3 1.302202024 0 2010 1 1 0.450687975 0 2011 1 3 4 1.881980973 0 2012 5 1 6 2.918557649 1 2013 3 5 8 3.810104397 1 2014 2 8 10 4.486075223 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 155 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Portland Intl, OR PDX ANM 2005 1 1 0.383847689 0 2006 1 1 0.382494014 0 2007 0 0 2 2008 4 1 5 1.907137653 0 2009 1 1 2 0.875193089 0 2010 1 1 0.447421287 1 2011 1 3 4 1.81098726 1 2012 4 1 5 2.304604138 1 2013 1 1 0.480595939 2 2014 1 3 4 1.833667978 0 Portland-Troutdale Airport, Portland, OR TTD ANM 2004 0 0 1 2005 0 0 3 2006 0 0 3 2008 1 1 1.065178258 1 2009 2 1 3 3.950643296 2 2012 2 2 2.184455415 0 2013 1 1 2 1.819852774 2 2014 2 2 2.013470115 1 Roberts Field, Redmond, OR RDM ANM 2004 1 1 1.7826583 0 2007 1 1 2 2.106682397 0 2009 1 3 4 7.180555057 0 2010 2 2 3.849262866 0 2011 1 1 2.150075253 0 2012 4 4 8.613820876 0 2013 1 4 5 11.59931332 0 2014 1 1 2 4 9.156461028 1 Rogue Valley Intl-Medford Airport, Medford, OR MFR ANM 2011 1 1 2.302980056 0 2012 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 156 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 1 1 2.489357995 0 2014 1 1 2.52825323 0 Southwest Oregon Rgnl, North Bend, OR OTH ANM 2010 3 3 14.2612664 0 2013 0 0 1 2014 0 0 1 PENNSYLVANIA Allegheny CO Airport, Pittsburgh, PA AGC AEA 2004 1 1 1.086554969 2 2007 0 0 1 2011 1 1 1.549810923 0 2013 2 2 3.210375935 0 Capital City Airport, Harrisburg, PA CXY AEA 2004 0 0 3 2009 1 1 3.826432999 0 2010 1 1 3.682427456 0 2013 0 0 1 2014 2 2 8.862498338 0 Erie Intl/Tom Ridge Field, PA ERI AEA 2005 0 0 1 2009 0 0 1 2011 1 1 3.704389702 0 2012 1 1 3.896356906 0 2014 1 1 5.093984005 0 Harrisburg Intl, PA MDT AEA 2004 0 0 8 2005 0 0 4 2007 1 1 1.390453149 0 2008 1 1 1.473448459 0 2012 1 1 1.620010368 3 2013 1 1 1.843148097 0 2014 0 0 2 Lancaster Airport, PA LNS AEA 2004 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 157 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2005 0 0 1 2009 1 1 1.103277838 0 2013 1 1 1.290505749 0 2014 5 5 6.019020104 1 Lehigh Valley Intl, Allentown, PA ABE AEA 2004 0 0 1 2005 0 0 1 2007 0 0 1 2008 1 1 2 1.631920362 0 2009 2 2 1.924779613 0 2010 1 1 1.028055638 1 2013 1 1 0.907095299 1 2014 1 2 3 2.94010996 0 Northeast Philadelphia Airport, PA PNE AEA 2004 1 1 0.897392178 1 2005 1 1 0.923343983 2 2006 1 2 3 2.905287623 1 2007 0 0 2 2008 2 1 3 3.35124387 2 2009 1 1 2 2.809225497 0 2010 1 1 1.234537419 0 2011 2 2 3.164857423 0 2012 1 1 1.390801241 1 2013 1 2 3 4.377772589 0 2014 1 2 3 4.087527591 0 Philadelphia Intl, PA PHL AEA 2004 2 5 7 1.536567002 6 2005 1 2 6 9 1.682356196 5 2006 3 4 7 1.346780617 0 2007 1 3 4 0.79282022 3 2008 9 5 14 2.812820837 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 158 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 2 8 10 2.101343599 0 2010 6 6 12 2.609501194 1 2011 5 5 10 2.212041914 0 2012 9 3 12 2.680605817 0 2013 3 3 6 1.378784188 0 2014 1 3 5 9 2.141750572 1 Pittsburgh Intl, PA PIT AEA 2004 1 1 0.281316901 2 2005 1 1 0.359143801 2 2007 0 0 1 2008 3 3 1.689569723 0 2009 1 1 0.665801125 0 2010 1 1 0.698343529 0 2011 7 7 4.641078852 1 2012 1 3 4 2.845496646 4 2013 1 1 2 1.440818385 2 Reading Regional/Carl A Spaatz Field, PA RDG AEA 2004 0 0 1 2007 0 0 1 2008 1 2 3 3.287383024 0 2009 1 1 1.088435374 2 2011 2 2 2.468800533 1 2012 1 1 2 2.303377904 0 2013 1 1 1.4211005 0 University Park, PA UNV AEA 2012 1 1 2.505261048 0 Wilkes-Barre/Scranton Intl, PA AVP AEA 2004 0 0 1 2007 0 0 1 2008 2 2 2.842847396 0 2010 1 1 1.584158416 0 2013 1 1 2.626947225 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 159 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Williamsport Regional, PA IPT AEA 2009 2 2 9.139514692 0 2010 1 1 4.616165813 0 2013 1 1 4.831384675 0 PUERTO RICO Aguadilla/Rafael Hernandez Airport, PR BQN ASO 2008 2 2 3.661796477 0 2009 2 2 3.213315981 0 2010 1 1 1.478918024 0 2011 0 0 1 Fernando Luis Ribas Dominicci Airport, San Juan, PR SIG ASO 2004 2 1 3 2.398292416 6 2005 0 0 3 2006 0 0 1 2007 0 0 1 2008 0 0 1 2009 1 1 1.02406554 0 2010 1 1 1.016249835 0 2011 0 0 3 2012 0 0 1 2013 1 1 0.876270592 7 2014 2 3 5 4.883814063 8 Luis Munoz Marin Intl, San Juan, PR SJU ASO 2004 0 0 8 2005 0 0 8 2006 1 1 0.505466622 9 2007 0 0 6 2008 1 1 2 1.093487734 4 2009 2 3 5 2.922814319 0 2010 2 2 1.190270727 0 2011 2 2 4 2.47494122 3 2012 1 1 0.624149596 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 160 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 8 1 9 5.943104678 2 2014 5 3 8 5.388439104 3 RHODE ISLAND Theodore Francis Green State Airport, Providence, RI PVD ANE 2004 1 1 0.850643937 0 2005 1 1 0.810898476 0 2006 2 1 3 2.803188159 1 2008 2 1 3 3.18342919 0 2009 1 1 2 2.372000901 0 2010 4 4 4.986971537 0 2011 1 1 1.258083184 0 2013 1 1 1.378473754 0 SOUTH CAROLINA Charleston AFB/Intl, SC CHS ASO 2004 0 0 3 2005 1 1 1 3 2.39243989 3 2006 1 1 2 1.811692664 5 2007 2 2 1.790333987 0 2008 2 3 5 4.452875222 0 2009 2 2 1.980099995 0 2010 1 1 5 7 6.902876527 0 2011 1 1 0.981392793 0 2012 2 4 6 5.566998831 1 2013 1 4 5 4.796669193 0 2014 1 1 2 1.887486906 0 Columbia Metro, SC CAE ASO 2004 2 2 1.734906315 0 2005 0 0 1 2006 0 0 5 2007 2 2 2.065838266 3 2008 1 2 3 3.255173012 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 161 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 1 1 2 2.777700619 0 2010 2 1 3 4.977600796 0 2012 1 2 3 5.650355972 0 2013 1 2 3 5.671506352 1 2014 1 6 7 13.42874134 0 Donaldson Center Airport, Greenville, SC GYH ASO 2007 1 1 2.187226597 2 2008 1 1 2.575925401 0 2013 0 0 1 Florence Regional, SC FLO ASO 2006 0 0 2 2008 1 1 3.561126741 0 2009 1 1 4.667444574 0 2010 2 2 9.466559379 0 2011 1 1 2 11.75640724 0 2013 1 1 5.255965521 0 2014 1 1 6.686726847 0 Grand Strand Airport, North Myrtle Beach, SC CRE ASO 2014 3 3 7.015246469 2 Greenville Downtown Airport, SC GMU ASO 2014 1 1 2.093933874 0 Greenville Spartanburg Intl, Greer, SC GSP ASO 2009 1 1 2.021590587 0 2012 1 1 2.006621852 0 2013 0 0 1 2014 0 0 1 Myrtle Beach Intl, SC MYR ASO 2004 0 0 1 2007 0 0 1 2010 1 1 0.994995174 0 2013 1 1 0.702903695 1 2014 1 1 0.661401907 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 162 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs SOUTH DAKOTA Joe Foss Field, Sioux Falls, SD FSD AGL 2005 1 1 1.102596615 4 2006 1 1 1.136311986 3 2007 0 0 2 2008 2 1 3 4.467343717 1 2009 2 2 3.230443701 1 2011 1 1 1.52723052 0 2012 1 1 1.504053424 0 2013 1 1 1.505502612 0 2014 1 1 1.465179997 0 Rapid City Regional, SD RAP AGL 2004 0 0 2 2005 0 0 1 2008 1 2 3 6.968317384 0 2013 0 0 1 TENNESSEE Lovell Field, Chattanooga, TN CHA ASO 2006 0 0 1 2007 1 1 1.271439651 0 2008 1 1 1.339423244 0 2009 1 1 1.721437056 0 2010 1 1 1.813960238 0 2011 1 1 1.902225604 1 2013 1 1 1.801412307 0 2014 0 0 1 McGhee Tyson Airport, Knoxville, TN TYS ASO 2004 0 0 3 2005 1 1 2 1.453763066 2 2006 1 1 0.760051684 1 2007 2 2 1.537822751 3 2008 6 6 4.787132189 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 163 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 1 4 5 4.70300522 0 2010 1 1 2 1.853568119 0 2012 2 2 1.885742841 0 2013 1 1 0.981026939 1 2014 1 1 0.989217529 1 McKellar-Sipes Regional, Jackson, TN MKL ASO 2011 1 1 5.304476979 0 Memphis Intl, TN MEM ASO 2004 1 3 4 1.046309666 1 2005 1 1 0.2525884 3 2006 2 2 0.512142908 3 2008 3 3 0.811998084 2 2010 1 2 3 0.891986394 2 2011 1 6 7 2.178757735 0 2012 3 2 5 1.769911504 0 2013 2 2 0.831704579 0 2014 1 1 2 0.907428665 0 Nashville Intl, TN BNA ASO 2004 1 1 1 3 1.275011475 5 2005 0 0 3 2006 1 1 2 0.942134122 2 2007 1 2 3 1.402091921 5 2008 1 1 0.503038352 0 2009 1 6 7 3.99755578 1 2010 2 2 1.145698475 0 2011 0 0 1 2012 2 2 1.146026725 2 2013 1 2 3 1.720587982 1 2014 1 1 0.567736661 0 Smyrna Airport, TN MQY ASO 2004 1 1 2 2.435282371 0 2006 0 0 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 164 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2011 1 1 2 3.327676284 0 2012 1 6 7 10.57082452 0 2013 1 2 3 4.345684735 0 2014 1 1 1.494723626 0 Tri-Cities Regional TN/VA Airport, Bristol/Johnson/Kingsport, TN TRI ASO 2004 0 0 1 2005 0 0 2 2009 1 1 1.848121385 0 2013 1 1 2.052460901 0 2014 1 1 2 4.255319149 0 TEXAS Abilene Regional, TX ABI ASW 2008 1 1 1.141317994 0 2009 1 1 1.47462176 0 2012 1 1 1.590356081 1 Addison Airport, Dallas, TX ADS ASW 2004 0 0 1 2005 1 1 2 1.503149097 4 2006 1 2 3 2.240176825 0 2007 3 3 2.275606259 1 2008 5 6 11 7.452826993 5 2009 6 5 11 9.65683133 1 2010 3 6 9 9.50821404 5 2011 3 10 13 13.80394156 12 2012 4 7 11 11.4561853 3 2013 1 4 11 16 16.69553603 5 2014 5 2 7 7.448710309 7 Amarillo Intl, TX AMA ASW 2005 0 0 5 2007 0 0 1 2008 1 1 2 2.419901268 0 2010 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 165 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2011 1 1 1.298735032 0 2012 1 1 1.560403208 0 2013 1 1 1.622323167 0 Arlington Municipal Airport, TX GKY ASW 2008 1 1 0.743660296 0 2009 1 1 2 2.404742152 0 2011 1 1 1.284736051 1 2012 2 2 2.82985497 1 2014 1 1 2 2.697198959 0 Austin-Bergstrom Intl, TX AUS ASW 2007 1 1 0.480820087 0 2008 1 1 0.459231705 0 2009 1 1 0.564576229 0 2010 2 2 1.148323161 0 2011 2 1 3 1.665408358 0 2012 4 2 6 3.540240736 1 2013 1 1 2 1.128254309 0 2014 0 0 1 Brownsville/South Padre Island Intl, TX BRO ASW 2004 0 0 1 2008 0 0 2 2014 0 0 1 Collin CO Regional at McKinney Airport, TX TKI ASW 2004 0 0 1 2005 0 0 6 2006 0 0 1 2009 1 1 1.068775717 0 2010 1 1 2 2.534179749 2 2011 1 1 1.204833793 0 2012 1 1 1.204412969 0 2013 1 1 1.131618554 1 2014 0 0 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 166 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs Corpus Cristi Intl, TX CRP ASW 2005 0 0 1 2007 0 0 1 2009 1 5 6 5.94082934 1 2010 2 2 2.055519584 0 2011 3 2 5 4.858850396 1 2012 1 2 3 3.249144392 0 2013 1 1 2 2.729630135 0 2014 2 2 2.679061793 1 Dallas Executive Airport, Dallas, TX RBD ASW 2007 1 1 0.694044405 0 2014 1 1 1.964983985 0 Dallas/Fort Worth Intl, TX DFW ASW 2004 2 5 7 0.857514213 2 2005 2 2 4 0.540198172 4 2006 2 2 4 0.567804357 1 2007 8 8 1.160491642 5 2008 1 7 5 13 1.943986278 0 2009 14 3 17 2.671074463 0 2010 9 4 13 2.000418549 1 2011 2 2 4 0.614790633 2 2012 7 4 11 1.701611581 2 2013 3 3 0.443130808 2 2014 12 3 15 2.226080762 4 Dallas Love Field, TX DAL ASW 2004 1 1 2 0.789135187 0 2005 1 1 0.423910233 4 2007 1 1 0.404311579 1 2008 5 4 9 3.89024327 0 2009 2 11 13 7.34558728 1 2010 2 4 6 3.563516716 8 2011 6 3 9 5.054589567 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 167 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 3 4 7 3.953305811 2 2013 6 10 16 8.977063602 3 2014 10 16 26 14.69848323 0 David Wayne Hooks Memorial Airport, Houston, TX DWH ASW 2004 1 1 0.458026456 0 2005 1 1 2 0.963892584 2 2006 1 1 0.378277777 3 2007 1 1 0.425972388 1 2008 4 4 1.861738026 0 2009 2 2 0.901038898 0 2010 3 3 1.500652784 0 2011 1 1 2 1.056747332 0 2012 7 7 4.258840135 0 2013 3 8 11 5.998832954 3 2014 8 8 16 9.427903058 4 Denton Muni, TX DTO ASW 2004 0 0 2 2005 0 0 8 2006 0 0 1 2008 1 1 0.79867739 0 2009 0 0 1 2010 1 1 0.722579899 0 2012 1 1 0.640487796 2 2013 1 1 0.615312671 1 2014 1 1 2 1.282067719 0 Easterwood Field, College Station, TX CLL ASW 2009 1 1 2.051239975 0 2013 1 1 2 3.972352427 0 East Texas Regional, Longview, TX GGG ASW 2004 1 1 1.150615579 2 2005 1 1 1.075696783 0 2006 0 0 7 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 168 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2007 0 0 3 2008 3 3 3.25164479 0 2009 3 3 3.592341129 0 2010 1 1 2 2.301231159 0 2011 2 2 4 5.56924662 0 2012 1 1 1.417072894 0 2013 3 3 4.604970298 0 2014 1 4 5 7.884072597 0 El Paso Intl, TX ELP ASW 2004 1 1 0.855966515 2 2005 1 1 0.898028827 1 2006 1 1 0.986076598 0 2007 1 1 0.975400402 0 2008 2 2 4 4.000120004 0 2009 1 1 1.027622493 0 2012 1 2 3 3.134272222 0 2014 1 3 4 4.107113521 0 Fort Worth Alliance Airport, TX AFW ASW 2006 0 0 1 2008 1 1 1.040084871 0 2010 1 1 1.150165624 2 2011 1 1 0.845008535 0 2013 1 1 0.944697413 0 2014 1 1 0.920039378 0 Fort Worth Meacham Intl, TX FTW ASW 2004 1 1 2 1.388156251 1 2005 0 0 7 2006 1 1 2 2.40442414 3 2007 1 1 0.992733193 2 2008 1 1 2 1.604827321 1 2009 1 1 8 10 8.164931619 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 169 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 1 1 2 2.331899215 0 2011 1 1 1.339423244 0 2012 1 3 4 4.725004725 1 2013 2 2 2.238839386 0 2014 2 3 5 5.2227503 0 Fort Worth Spinks Airport, TX FWS ASW 2011 1 1 1.787310098 0 2012 2 2 3.317244697 0 2013 1 1 1.730014013 0 2014 1 1 1.655409879 0 George Bush Intercontinental/Houston Airport, Houston, TX IAH ASW 2004 0 0 1 2005 2 2 4 0.724829393 1 2006 2 2 0.334999397 0 2007 0 0 1 2008 3 3 6 1.009886792 0 2009 1 1 2 0.369959304 0 2010 8 1 9 1.693202919 0 2011 9 9 1.691344638 0 2012 4 4 0.77308878 0 2013 2 2 0.396875006 0 2014 2 2 4 0.793805145 1 Georgetown Muni, TX GTU ASW 2009 1 1 1.570203812 0 2010 0 0 1 2012 1 2 3 4.447805008 5 2013 0 0 1 2014 1 1 1.368382162 2 Grand Prairie Muni, TX GPM ASW 2008 1 1 0.988630746 0 2009 1 1 1.212400432 0 2011 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 170 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 2 2 3.007925885 0 2013 2 2 2.911038659 0 2014 1 1 1.412828483 0 Laredo Intl, TX LRD ASW 2005 1 1 1.641039106 3 2006 0 0 2 2009 1 1 2.060835875 0 2010 1 1 1.734454948 0 2011 1 1 1.479465025 0 2012 2 2 2.227990241 0 2013 2 2 4 3.577849534 0 2014 1 1 0.712976892 0 Lone Star Executive, Houston, TX CXO ASW 2010 1 1 2 2.968239834 0 2011 3 3 5.031952901 4 2012 3 6 9 15.71942572 4 2013 1 1 2 3.455902682 1 2014 1 2 3 5.227846998 0 Lubbock Preston Smith Intl, TX LBB ASW 2004 1 1 1.237271569 4 2005 1 1 1.013048059 1 2006 0 0 1 2007 2 2 2.255274523 3 2008 1 5 6 7.717339576 1 2009 3 3 3.878073373 0 2010 4 4 5.005067631 0 2011 3 3 4.014666916 1 2012 1 1 1.491913827 1 2013 1 1 1.319591982 0 McAllen Miller Intl, TX MFE ASW 2005 0 0 1 2011 1 1 1.533319022 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 171 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 1 1 1.604029322 0 2013 1 1 1.722059583 1 Midland Intl, TX MAF ASW 2005 1 1 1.148712294 0 2006 0 0 1 2007 2 2 2.353134964 0 2008 1 1 2 2.356711916 0 2009 2 2 3.065932887 1 2010 1 4 5 7.288204769 0 2011 1 8 9 12.08475441 0 2012 2 1 3 4.212654815 0 2013 2 1 3 4.157255103 2 2014 3 3 3.964949843 0 New Braunfels Muni, TX BAZ ASW 2010 2 2 N/A 0 2011 6 6 17.86884269 1 2012 1 1 3.530824094 0 San Angelo Regional/Mathis Field, TX SJT ASW 2014 1 1 0.966267598 0 San Antonio Intl, TX SAT ASW 2004 1 1 0.419598612 1 2005 1 1 0.462252464 2 2006 1 1 0.4652288 2 2007 1 2 3 1.401856057 3 2008 2 5 7 3.132439544 0 2009 3 7 10 5.144006461 0 2010 5 11 16 8.964188069 0 2011 5 9 14 7.812369213 2 2012 2 2 4 2.242378715 0 2013 3 7 10 5.589808661 1 2014 3 6 9 5.189892396 0 San Marcos Muni, TX HYI ASW 2012 2 2 3.302346317 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 172 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 0 0 1 2014 0 0 5 Scholes Intl at Galveston Airport, TX GLS ASW 2006 1 1 1.458597704 4 2012 3 4 7 27.23629431 1 2013 5 5 14.9383048 0 Southeast Texas Regional, Beaumont, TX BPT ASW 2005 0 0 1 2007 0 0 2 2009 1 1 3.702058344 0 2010 3 3 11.65274811 0 2011 1 1 4.57101065 1 Stinson Muni, San Antonio, TX SSF ASW 2007 0 0 1 2012 1 1 0.8682289 0 2014 1 1 1.14018585 0 Sugar Land Regional, Houston, TX SGR ASW 2004 0 0 1 2007 1 1 1.155561719 0 2012 1 1 1.425537071 0 2013 2 2 2.884130074 3 2014 1 1 1.3819217 3 TSTC Waco Airport, TX CNW ASW 2004 0 0 1 2005 0 0 2 2007 0 0 2 2008 2 2 5.679236711 1 2010 1 1 2.735603885 0 Tyler Pounds Regional, Tyler, TX TYR ASW 2004 1 1 1.24294628 1 2008 1 1 1.776577601 0 2011 1 1 2.167128988 0 2012 1 1 2.389600459 2 2013 3 3 7.304957631 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 173 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 1 1 2.427891619 0 Valley International Airport, Harlingen, TX HRL ASW 2006 1 1 1.890323434 1 2008 1 1 1.791665174 0 2009 0 0 1 2010 1 2 3 7.027736132 0 2011 1 1 1.922485389 0 2012 6 6 12.59181532 1 2014 1 1 2.289691807 0 Victoria Regional, TX VCT ASW 2010 1 1 2.282740201 0 2012 2 2 3.521002782 0 2013 1 6 7 12.91203217 1 2014 10 10 18.30563081 4 Waco Regional, TX ACT ASW 2006 1 1 2.707312451 1 2007 1 1 2.7335101 0 2009 1 1 3.221649485 0 2010 2 2 7.743234349 2 2011 2 2 6.342360627 1 2012 1 1 2.985341971 3 2013 2 2 5.593936173 1 2014 0 0 2 William P Hobby Airport, Houston, TX HOU ASW 2004 2 2 0.812153058 2 2005 0 0 2 2006 0 0 7 2007 4 4 1.666361167 2 2008 4 5 9 4.024828721 0 2009 5 4 9 4.404876688 0 2010 1 7 10 18 8.944366043 0 2011 2 2 4 1.98600857 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 174 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2012 11 3 14 7.09924748 1 2013 4 3 7 3.455749132 1 2014 5 6 11 5.328657033 0 UTAH Ogden-Hinckley Airport, Ogden, UT OGD ANM 2006 2 2 1.669017199 0 2007 0 0 2 2009 1 1 1.126367128 0 2010 1 1 1.283054697 0 2011 2 2 4 5.871818209 0 2012 2 2 3.114440102 0 2013 2 2 2.939576995 0 Provo Muni, UT PVU ANM 2006 1 1 2 4 2.412006971 4 2007 2 2 1.49932905 2 2008 3 3 2.433780879 0 2009 0 0 1 2010 4 5 9 10.83567103 0 2011 2 2 3.062927853 0 2012 1 4 5 6.674854488 0 2013 1 1 1.397194434 0 Salt Lake City Intl, UT SLC ANM 2004 0 0 5 2005 1 1 2 0.447501376 4 2006 3 1 4 0.938196318 1 2007 1 1 0.236800167 2 2008 4 4 0.993976502 0 2009 5 5 1.336884097 0 2010 8 4 12 3.271671415 0 2011 8 5 13 3.563215555 5 2012 2 3 5 1.515045921 2 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 175 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2013 2 4 6 1.812645012 4 2014 6 6 12 3.691001646 3 VERMONT Burlington Intl, VT BTV ANE 2004 0 0 1 2005 1 1 0.910788287 1 2006 0 0 3 2007 1 1 1.03117234 1 2008 1 1 2 2.100619683 0 2009 2 1 3 3.955435428 0 2011 1 3 4 5.194063186 0 2012 3 1 4 5.196492368 0 2013 4 4 8 10.83276913 0 2014 1 1 1.35000135 0 VIRGINIA Lynchburg Regional/Preston Glenn Field, VA LYH AEA 2008 1 1 1.615326215 0 Manassas Regional/Harry P. Davis Field, VA HEF AEA 2004 0 0 1 2006 0 0 1 2007 0 0 2 2008 1 1 0.871383757 0 2010 1 1 1.072432061 0 2014 13 13 16.17096441 0 Newport News/Williamsburg Intl, Newport News, VA PHF AEA 2004 1 1 0.43457288 0 2005 0 0 1 2010 1 1 0.981479482 0 2011 2 2 1.845989127 0 2012 1 1 0.950064604 0 2013 2 1 3 3.122625504 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 176 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 5 5 6.369913624 2 Norfolk Intl, VA ORF AEA 2004 0 0 1 2005 1 1 0.807852325 1 2007 1 1 0.735029291 2 2008 1 1 0.851556646 0 2010 3 3 3.244330532 0 2011 3 3 6 6.521172072 0 2012 2 4 6 6.882391402 1 2013 1 1 2 2.453054666 0 2014 1 1 2 2.575726355 0 Richmond Intl, VA RIC AEA 2004 0 0 1 2008 1 1 0.818632066 0 2009 3 3 2.779244601 0 2010 3 3 2.92851495 1 2011 2 2 1.91647981 0 2012 1 1 1.004934227 0 2013 1 2 3 3.053714844 0 2014 1 1 2 2.044070152 1 Roanoke Regional/Woodrum Field, VA ROA AEA 2008 1 1 1.452517212 0 2013 2 2 4.212033781 0 VIRGIN ISLANDS Cyril E King Airport, Charlotte Amalie, VI STT ASO 2007 1 1 1.179273096 0 2010 1 1 1.329221608 0 WASHINGTON Bellingham Intl, WA BLI ANM 2006 1 1 1.330300249 0 2008 1 1 1.505230677 0 2013 0 0 1 Boeing Field/King CO Intl, Seattle, WA BFI ANM 2004 1 1 0.327760315 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 177 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2005 1 2 3 1.005843953 4 2006 0 0 1 2008 1 1 0.328333902 0 2009 2 2 0.748900988 0 2010 2 2 0.769488252 0 2011 1 1 0.415451471 1 2012 1 1 2 1.007962907 0 2013 3 3 6 3.308519438 0 2014 2 1 3 1.657687526 2 Felts Field, Spokane, WA SFF ANM 2005 0 0 1 2006 1 1 1.528047308 1 2007 2 2 2.763270607 0 2008 1 1 1.511099022 1 2009 1 1 1.51643819 0 2011 1 1 1.718508335 0 Grant CO Intl, Moses Lake, WA MWH ANM 2006 0 0 2 2007 0 0 3 2009 1 1 2 2.899349096 1 2010 1 1 2 3.425830764 0 2011 1 1 1.761152498 0 Olympia Regional, WA OLM ANM 2008 0 0 1 2009 1 1 1.452939296 0 2010 0 0 1 2011 1 1 2 4.317789292 0 2012 1 1 1.609347088 0 Pearson Field, Vancouver, WA VUO ANM 2011 3 3 1 Renton Muni, WA RNT ANM 2004 0 0 2 2007 1 1 1.057194207 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 178 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2009 1 1 2 2.401594659 0 2010 1 1 1.24094113 6 2013 2 2 2.131400863 0 2014 1 2 3 3.046087301 1 Seattle-Tacoma Intl, WA SEA ANM 2004 2 2 0.558812189 3 2005 1 1 0.288397204 1 2006 2 2 0.589450603 3 2007 3 3 0.871201561 10 2008 5 2 7 1.989229742 1 2009 4 2 6 1.871730321 2 2010 6 3 9 2.872480994 7 2011 7 1 8 2.536622487 2 2012 2 2 4 1.281776029 1 2013 3 4 7 2.235700301 0 2014 5 1 6 1.804712103 3 Snohomish CO (Paine Field), Everett, WA PAE ANM 2004 0 0 2 2005 0 0 3 2006 1 1 0.703809014 1 2007 1 1 0.758518159 2 2008 1 2 3 2.112780207 0 2009 7 5 12 10.5173668 0 2010 1 2 3 2.684491691 1 2011 1 1 0.904150957 2 2012 2 1 3 2.674535745 0 2013 1 6 7 6.688260192 1 2014 1 4 5 4.379280747 2 Spokane Intl, WA GEG ANM 2007 1 1 1.003159954 0 2008 1 1 1.010386776 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 179 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 1 1 2 2.524328213 0 2011 1 1 1.306438127 0 2012 1 2 3 4.401989699 0 2013 1 1 1.548179341 2 2014 0 0 1 Tacoma Narrows Airport, WA TIW ANM 2008 0 0 1 2009 1 1 2 3.729186478 0 2011 1 1 1.823420007 0 2013 1 1 2.618692225 1 Tri-Cities Airport, Pasco, WA PSC ANM 2006 1 1 1.65722051 1 2008 2 2 4 6.80063926 0 2009 1 1 2.302078777 0 2010 1 1 2 4.312017593 1 2011 1 1 1.913106694 0 2012 1 1 1.907778011 0 2013 2 2 4.117852951 0 Walla Walla Regional, WA ALW ANM 2009 2 2 6.499415053 0 2010 1 1 2 7.513712525 2 2012 1 1 4.102564103 1 2013 1 1 3.689764593 1 2014 1 2 3 12.14820814 0 Yakima Air Terminal/McAllister Field, WA YKM ANM 2004 0 0 2 2005 0 0 2 2007 0 0 3 2009 2 2 4.073236798 2 2012 0 0 1 2013 2 2 5.657548584 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 180 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs WEST VIRGINIA Harrison/Marion Regional, Clarksburg, WV CKB AEA 2004 0 0 1 2013 1 1 2.85689798 0 2014 1 1 3.755445396 0 Mid-Ohio Valley Regional, Parkersburg, WV PKB AEA 2007 0 0 1 2008 1 1 2 5.896226415 0 Tri-State/Milton J. Ferguson Field, Huntington, WV HTS AEA 2007 0 0 2 2010 1 1 5.800127603 0 2011 0 0 1 2012 1 1 6.306760848 0 Wheeling Ohio CO Airport, WV HLG AEA 2012 1 1 2 4.599710218 0 Yeager Airport, Charleston, WV CRW AEA 2007 0 0 2 2012 0 0 1 2013 1 1 2.024742352 0 WISCONSIN Austin Straubel Intl, Green Bay, WI GRB AGL 2004 0 0 1 2005 0 0 1 2007 0 0 1 2008 1 1 1.130940264 0 2011 2 2 2.782841002 0 2012 1 1 1.502336133 0 2013 1 1 1.953735542 0 2014 1 1 2.375353334 0 Central Wisconsin Airport, Mosinee, WI CWA AGL 2007 1 1 4.06570174 0 2008 1 1 4.49943757 0 Chippewa Valley Regional, Eau Claire, WI EAU AGL 2007 0 0 3 2009 1 1 3.166561115 1 2012 1 1 3.72675437 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 181 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2014 1 1 4.585683496 0 Dane CO Regional-Truax Field, Madison, WI MSN AGL 2004 1 1 0.741570201 3 2005 1 1 0.835854829 1 2006 1 1 0.880173218 1 2007 1 1 0.797906294 5 2008 2 2 4 3.530637103 0 2009 3 3 6 6.053146627 0 2010 2 1 3 3.084262039 0 2011 2 2 4 4.74535252 1 2012 4 5 9 10.60657844 1 2013 1 2 3 3.574577604 0 2014 3 1 4 4.963702922 0 General Mitchell Intl, Milwaukee, WI MKE AGL 2004 3 3 1.413194526 0 2005 1 1 2 0.909095041 3 2006 3 3 1.457747197 15 2007 2 8 10 4.991215461 17 2008 1 6 7 14 7.247277094 1 2009 5 3 8 4.865469761 0 2010 3 4 7 3.693405161 2 2011 3 1 4 2.198128294 2 2012 1 3 1 5 3.53384362 2 2013 1 1 0.830033948 0 2014 2 1 3 2.597874938 1 Kenosha Regional, WI ENW AGL 2005 0 0 1 2010 3 3 5.953325925 0 2011 2 2 4.14027243 0 2014 2 2 4.011392354 0 La Crosse Muni, WI LSE AGL 2005 0 0 1 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 182 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs 2010 1 1 3.83494401 1 2013 1 1 5.034232783 0 2014 1 1 5.296890725 0 Lawrence J Timmerman Airport, Milwaukee, WI MWC AGL 2009 1 1 2.707752295 0 2011 1 1 3.694945315 0 2014 1 1 3.147425406 0 Outagamie CO Regional, Appleton, WI ATW AGL 2004 1 1 1.926893655 0 2005 0 0 1 2006 0 0 4 2007 0 0 4 2008 2 2 4.624277457 1 2009 1 1 2.888170055 2 2011 1 1 2.836316193 0 2013 0 0 1 Southern Wisconsin Regional, Janesville, WI JVL AGL 2006 3 3 5.458018739 0 2008 1 1 2.140319336 0 Waukesha CO Airport, WI UES AGL 2004 2 2 2.223111467 0 2007 1 1 1.678274734 4 2008 0 0 1 2009 1 1 2 3.259293059 0 2011 1 1 1.760253477 1 Wittman Regional, Oshkosh, WI OSH AGL 2004 1 1 2 1.880423848 1 2006 1 1 1.091977243 1 2007 0 0 2 2008 1 2 3 3.678499172 0 2009 1 1 1 3 3.280050731 0 2010 3 3 3.977566525 4 2011 1 1 1.369187798 0 Runway Incursion Data for 2004 through 2014 by Airport (Sorted by State) NOTE: In 2007, the FAA changed the way we counted total runway incursions to align with our international partners. At that point, we started including – under Category “D” – runway incursion events that did not involve another vehicle/aircraft. Prior to late 2007, those events were not included in this data set. N/A: The FAA does not maintain operations counts for system performance purposes for these airports. Therefore, the runway incursion rate is not available. 183 SEVERITY Airport, City Code Region Fiscal Year A B C D E Total RIs Annual RI Rate Other Events, Non-RIs WYOMING Cheyenne Regional/Jerry Olsen Field, WY CYS ANM 2005 0 0 1 Jackson Hole Airport, Jackson, WY JAC ANM 2004 1 1 3.191217769 3 2005 0 0 3 2007 0 0 3 2008 1 1 3.228618474 1 2009 1 1 3.431708991 0 2010 1 1 3.838034926 0 2011 1 1 3.927112787 0 2013 0 0 1 2014 1 1 4.045798438 0 Natrona CO Intl, Casper, WY CPR ANM 2006 0 0 1 2007 0 0 1 2008 1 2 3 7.713668621 0 2009 2 2 5.311661753 0 2011 1 1 2.610080129 0 2012 1 1 2.591076333 0 2013 1 1 2.314493357 0 2014 1 4 5 13.58991085 2 Notes www.faa.gov U.S. Department of Transportation Federal Aviation Administration Federal Aviation Administration Air Traffic Organization Safety and Technical Training 800 Independence Avenue SW Washington, DC 20591 U.S. Department of Transportation Federal Aviation Administration Mr. Andy Swanson Airport Manager Palo Alto Airport 250 Hamilton A venue Palo Alto, CA 94301-2531 Dear Mr. Swanson: Western Pacific Region Airports Division American Samoa, Arizona, California, Guam, P. 0. Box 92007 Hawaii, Nevada Los Angeles, California 90009 Received Palo Alto Airport JUN 15 1S Qty of Pa'IG ~I.to Public \Wt11~.k'$ • Our records indicate that eight Vehicle/Pedestrian Deviations (V/PD) have occurred at your airport within the last year, three of which resulted in runway incursions. I am concerned with this trend and would like to meet with you and your staff to discuss your plan of action to remedy the situation. When an airport experiences a high number ofV/PDs within a 12 month period, it is often due to a single point of failure rather than a collection of random reasons. Single points of failure may include: Poor escorting procedures employed by tenants; unlocked access doors/gates; piggybacking; lack of a driver training program at the airfield; or a general disregard for airport rules and regulations. In preparation for our meeting, please conduct an analysis ofV/PDs that have occurred at your airport over the past year to determine the root cause. For your reference, we have enclosed a summary of the V/PDs that have occurre<;l at your airfield within the past year. Please formulate a plan of action that will prevent future V /PDs from occurring. Please contact my office to set up a meeting to be held within 30 days from receipt of this letter. If you have any questions, please call me at 310-725-3 600 Sincerely, /f1(4~ Mark McClardy Manager, Airports Division Enclosure: V/PD Summary CC: Mr. James Lomen, FAA SFO Airport District Office Manager ... <'° , ' ' . Palo Alto Airport PAO Date Code Description 5/3/15 VWPRPA015004 TWO UNAUTHORIZED PEDESTRIANS WERE OBSERVED ENTERING THE MOVEMENT AREA FROM ROW G. THE PEDESTRIANS ENTERED THE MOVEMENT AREA ATTHE RUNWAY 31 RUN-UP AREA AND WALKED ONTO THE LEVEE, WHICH IS IN THE RUNWAY 31 SAFETY AREA. 4/11/15 VWPTPA015003 N4552L LANDED RUNWAY 13 AND WAS EXITING AT TAXIWAY ALPHA WHEN A PEDESTRIAN WALKED ONTO THE RUNWAY 31 RUN-UP AREA. AIRPORT OPERATIONS RESPONDED AND DETERMINED THE PEDESTRIAN WAS THERE TO MEET N4552L. 3/29/15 VWPTPA015002 ATC OBSERVED AN UNAUTHORIZED PEDESTRIAN ENTER THE MOVEMENT AREA FROM TAXI LANE MAND APPROACH N734RS IN THE RUN- UP AREA. THE PEDESTRIAN SPOKE WITH THE PILOT FOR APPROXIMATELY 30 SECONDS THEN EXITED THE MOVEMENT AREA AT TAXI LANE M. 2/24/15 VWPTPA015001 TOWER OBSERVED TWO UNAUTHORIZED PEDESTRIANS CROSS TAXIWAY "Z" IN THE VICINITY OF "L". THEY WALKED INTO THE INFIELD BETWEEN "Z" AND RUNWAY 32. TWO AIRCRAFT WERE SENT AROUND. THE PEDESTRIANS WERE ART STUDENTS WHO WERE TAKIG PICTURES OF THEIR FATHERS AIRCRAFT. INSTEAD OF ESCORTING THE PHOTOGRAPHERS, THE FATHER WAS PILOTING THE AIRCRAFT. RI TYPE Cause YES PED INTENTIONAL NO PED IMPROPERLY ESCORTED NO PED INTENTIONAL YES PED IMPROPERLY ESCORTED " . 12/7/14 VWPTPA014005 AIRPORT 1 REQUESTED A YES OPS MISUNDERSTOOD CLEARANCE ONTO THE TAXIWAY VEHICLE CLEARANCE AND MISUNDERSTOOD HIS CLEARENCE. HE ENTERED RUNWAY 31 WITHOUT A CLEARENCE TO DO SO RESULTING IN A RUNWAY INCURSION. 10/5/14 VWPTPA014004 A PEDESTRIAN WAS OBSERVED NO PED IMPROPERLY WALKING IN THE RWY 31 RUN-ESCORTED UP AREA TAKING PICTURES OF AN AIRCRAFT. THE PEDESTRIAN WAS TAKING PICTURES OF HIS DAUGHTER WHO WAS TAKING IN INTRODUCTORY FLIGHT LESSON. 7/5/14 VWPTPA014003 A PILOT/TENANT IN A PICK-UP NO TENANT CARLESNESS TRUCK (ALLEGEDLY) WAS VEHICLE NORTHBOUND ON TAXILANE "J", ENTERED THE MOVEMENT AREA ON TAXIWAY "Z" AND TURNED OUT OF THE MOVEMENT AREA ON TAXILANE "K". 7/2/14 VWPTPA014002 A NEW AIRPORT TENANT ASKED NO VEHICLE IMPROPERLY A PHOTOGRAPHER TO TAKE ESCORTED PHOTOGRAPHS OF HIS NEW AIRCRAFT AND PROVIDED THE GATE CODE TO THE PHOTOGRAPHER (VIOLATING AIRPORT REGULATIONS). THE TENANT DID NOT PROPERLY ESCORT THE PHOTOGRAPHER. THE PHOTOGRAPHER BECAME LOST AND DROVE ON NUMEROUS TAXIWAYS. 8 V/PDs 3 Runway Incursions 5 Surface incidents 2 Pedestrians intentionally entering movement area 3 Pedestrians not properly escorted . \' ' 1 Vehicle not properly escorted 1 OPS vehicle misunderstood clearance 1 Tenant vehicle carelessly operated I • CITY OF PALO ALTO PUBLIC WORKS Palo Alto Airport 19 25 Embarcadero Road Palo Alto. CA 94303 650.329.24 4 4 November 5, 2015 Mr. Jim Lomen, ADO Manager San Francisco Airports District Office 1000 Marina Boulevard Suit e 220 Brisbane, CA 94002-1853 Subject: City of Palo Alto Airport Capital Improvement Program 2017-2021 Dear Mr. Lomen, Please find enclosed the above-referenced subject which includes a project description overview sheet of the five years. If you have any questions, please feel free to contact me via e-mail at Andrew.Swanson@CityofPaloAlto.org or call my office line at 650-329-2688. Sincerely, Andrew J. Swanson Airport Manager AJS:jw C i tyOf Pa I oA Ito .o rg Pnnted with soy-based inks on 100% recycled paper proce~sed v11thout chlorine, CITY OF PALO ALTO O C I TY OF AIRPORT CAPITAL IMPROVEMENT PROGRAM PALO ALTO 2017-2021 DATE: 10/6/2015 Airport: Palo Alto Airport State: NPIAS#: 06-0182 LOCID: PAO Project Description & Year Federal Funds Local Total Environmental Start Date Comp. Date -- - 2017 Apron Reconstruction (Construction), Phase I $ 3,150,000 $ 350,000 $ 3,500,000 CATEX2015 May 2017 March 2018 2018 Apron Reconstruction (Construction), Phase II $ 3.150,000 $ 350,000 $ 3,500,000 CATEX2015 Mav 2018 March 2019 - 2019 Apron Reconstruction (Construction), Phase Ill UPDATE2015 $ 2,250.000 $ 250,000 $ 2,500,000 CA TEX May2019 March 2020 !Airfield Electrical Improvements (Construction) $ 1,350,000 $ 150,000 $ 1,500,000 CATEX2015 May 2019 March 2020 2020 UPDATE2015 Apron Reconstruction (Construction), Phase IV $ 3,150,000 $ 350,000 $ 3,500,000 CA TEX Mav2020 March 2021 2021 ALP Narrative with Aeronautical Survey and Environmental Studies $ 225,000 $ 25,000 $ 250,000 NIA Mav2021 Dec. 2022 TOTALS $ 13,275,000 $ 1,475,000 $ 14,750,000 CITY OF PALO AL TO ACIP DATA SHEET Airport Name Palo Alto Airport Fiscal Year 2017 Shown On Project Project Description Federal State Local Total ALP Tvoe* Share Share Share y D 17-1 -Apron Reconstruction (Construction), Phase I $ 3,150,000 $157,500 $192,500 $ 3,500,000 * D -Development; P -Planning; E -Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS Detail Project Description (Square/Lineal Footage or Length/Width} Construct Phase I of the apron pavement reconstruction. The reconstruction priortization and plan-set will be developed in 2016. Based on visual inspection (using PCI criteria) the average apron PCI value is 36, which indicates full pavement reconstruction. Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or desian, olannina or environmental orocessl Project bids open by May 2017 Project awarded July 2017 Phase I construction complete March 2018 NEPA Environmental Status (Date of FONSI or submit CATEX Form for Annroval) CATEX submitted December 2014 Land Title Status & Date of Exhibit "A" Status Date Owned by the City of Palo Alto, Fee Simple Ooen AIP Funded Proiects Exoected Close-out Date AIP 09 February 2016 Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been dulv authorized bv the Soonsor. J. Michael Sartor, Director of Public Works Andrew Swanson, Airport Manager Name rd Title of Authorized Representative (Print or Type) Contact Name and Title (Print or Type) [/r)-h ( (..., \._ 11 / ~ J , {~ 650-329-2688 I -Signature Date Contact Phone (Print or Type) v CITY OF PALO AL TO ACIP DATA SHEET Airport Name Palo Alto Airport Fiscal Year 2018 Shown On Project Project Description Federal State Local Total ALP Tvne* Share Share Share y D 18-1 -Apron Reconstruction (Construction), Phase II $ 3, 150,000 $157,500 $192,500 $ 3,500,000 * D -Development; P -Planning; E -Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS Detail Project Description (SQuare/Lineal Footage or Length/Width) Construct Phase II of the apron pavement reconstruction. The reconstruction priortization and plan-set will be developed in 2016. Based on visual inspection (using PCI criteria) the average apron PCI value is 36, which indicates full pavement reconstruction. Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or design, planning or environmental process) Project bids open by May 2018 Project awarded July 2018 Phase II construction complete March 2019 NEPA Environmental Status (Date of FONSI or submit CATEX Form for Approval) CATEX submitted December 2014 Land Title Status & Date of Exhibit "A" Status Date Owned by the City of Palo Alto, Fee Simple Ooen AIP Funded Projects Expected Close-out Date AIP09 February 2016 Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been duly authorized by the Sponsor. J. Michael Sartor, Director of Public Works Andrew Swanson, Airoort Manager Name ai Title of Authorized Representative (Print or Type) Contact Name and Title (Print or Type) (ft\'i \1..i L-. 1tl.Sl 1.{' 650-329-2688 11 Signature Date Contact Phone (Print or Type) . CITY OF PALO ALTO ACIP DATA SHEET Airoort Name Palo Alto Airport Fiscal Year 2019 Shown On Project Project Description Federal State Local Total ALP Tvoe* Share Share Share y D 19-1 -Apron Reconstruction (Construction), Phase Ill $ 2,250,000 $112,500 $137,500 $ 2,500,000 y D 19-2 -Airfield Electrical Improvements (Construction) $1 350,000 $ 67,500 $ 82,500 $1,500,000 * D -Development; P -Planning; E -Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS Detail Project Description (Square/Lineal Footage or Length/Width) 19-1 -Construct Phase Ill of the apron pavement reconstruction. The reconstruction priortization and plan-set will be developed in 2016. Based on visual inspection (using PCI criteria) the average apron PCI value is 36, which indicates full pavement reconstruction. 19-2 -Construct airfield electrical improvements based on the design completed with a FY 16 design grant. Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or design, planning or environmental process) 19-1 Project bids open by May 2019 Project awarded July 2019 Phase Ill construction complete March 2020 19-2 Project bids open by May 2019 Project awarded July 2019 Construction complete March 2020 NEPA Environmental Status (Date of FONSI or submit CATEX Form for Approval) 19-1 CATEX submitted December 2014 19-2 CATEX submitted December 2015 Land Title Status & Date of Exhibit "A" Status Date Owned by the City of Palo Alto, Fee Simple Open AIP Funded Proiects Expected Close-out Date AIP 09 February 2016 Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been dulv authorized bv the Soonsor. J. Michael Sartor, Director of Public Works Andrew Swanson, Airport Manager Name and c tle of Authorized Representative (Print or Type) Contact Name and Title (Print or Type) ~(...,. L-11/ .!:/1;-' 650-329-2688 I Signature Date Contact Phone (Print or Type) v CITY OF PALO ALTO ACIP DATA SHEET Airoort Name Palo Alto Airoort Fiscal Year 2020 Shown On Project Project Description Federal State Local Total ALP Tvoe* Share Share Share y D 20-1 -Apron Reconstruction (Construction), Phase IV $ 3, 150,000 $157,500 $192,500 $ 3,500,000 • D -Development; P -Planning; E -Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS Detail Proiect Descriotion (Sauare/Lineal Footaae or Length/Width} Construct Phase IV of the apron pavement reconstruction. The reconstruction priortization and plan-set will be developed in 2016. Based on visual inspection (using PCI criteria) the average apron PCI value is 36, which indicates full pavement reconstruction. Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or desian, olannina or environmental orocessl Project bids open by May 2020 Project awarded July 2020 Phase IV construction complete December March 2021 NEPA Environmental Status mate of FONSI or submit CATEX Form for Aooroval} CATEX submitted December 2018 Land Title Status & Date of Exhibit "A" Status Date Owned by the City of Palo Alto, Fee Simple Open AIP Funded Proiects Expected Close-out Date AIP 09 February 2016 Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been duly authorized by the Sponsor. J. Michael Sartor, Director of Public Works Andrew Swanson, Airoort Manager Name and Tr~ of Authorized Representative (Print or Type) Contact Name and Title (Print or Type) 'l'Vvl ('-L-. 11 /~/,5 650-329-2688 Sia nature Date Contact Phone (Print or Type) v CITY OF PALO ALTO ACIP DATA SHEET Airport Name Palo Alto Airport Fiscal Year 2021 Shown On Project Project Description Federal State Local Total ALP Tvoe* Share Share Share y p 21-1 -ALP Narrative with Aeronautical Survey and $ 225,000 $ 11,250 $ 13,750 $ 250,000 Environmental Studies • D -Development; P -Planning; E -Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS Detail Project Description {Square/Lineal Footage or Length/Width) ALP scope to include the following: resolve runway approach category; look into widening taxilanes and increasing run-up apron capacity; formal viewshed evaluation and site design standards regarding building replacement/relocations; addition of future facilities; develop building area plan showing landscaping, viewshed limits, and other site features; conduct outreach effort to address the Airport with respect to the Baylands Plan and concerns from the City of East Palo Alto regarding increased use of the airport; include data flight track documentation to address noise concerns of East Palo Alto. Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or design, planning or environmental process) To be completed by December 2022 NEPA Environmental Status <Date of FONSI or submit CATEX Form for Aooroval) Not Applicable Land Title Status & Date of Exhibit "A" Status Date Owned by the City of Palo Alto, Fee Simple Open AIP Funded Projects Expected Close-out Date AIP09 February 2016 Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been duly authorized by the Sponsor. J. Michael Sartor, Director of Public Works Andrew Swanson, Airoort Manaaer Name and Title/ )f Authorized Representative (Print or Type) Contact Name and Title (Print or Type) '!\in (i .... L ll I 1</ 1< 650-329-2688 Sia nature Date Contact Phone (Print or Tvoe) v PALO AL TO AIRPORT AIRPORT CAPITAL IMPROVEMENT PROGRAM ACIPFY2017 +~ f ' IL-.....1..~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.....:.:.N.~T.S~._,,. LEGEND ~L-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~_,,. ~ • 0 APRON RECONSTRUCTION (CONSTRUCTION). PHASE I ~ PREPARED: 10/2015 (FY 2017) PALO AL TO AIRPORT AIRPORT CAPITAL IMPROVEMENT PROGRAM ACIP FY 2018 ---··········---·--::-'°·----~~~·· )( : ~~ 1------l...~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~__;.;.N.=T.S~·-41 ~1--~~~~~~~~~~~~~~~~-L_E~G_E_N_D~~~~~~~~~~~~~~~~~~ ~ • 0 APRON RECONSTRUCTION (CONSTRUCTION), PHASE II ~ ~ PREPARED: 10/2015 (FY 2018} PALO ALTO AIRPORT AIRPORT CAPITAL IMPROVEMENT PROGRAM ACIP FY 2019 I ~~ IL----L~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~N.~T.S~.--4 ~L-~~~~~~~~~~~~~~~~L_E_G_E_N_D~~~~~~~~~~~~~~~~----11 8 i • 0 APRON RECONSTRUCTION (CONSTRUCTION), PHASE Ill i • @ AIRFIELD ELECTRICAL IMPROVEMENTS (CONSTRUCTION) PREPARED: 10/2015 (FY 2019) PALO AL.TO AIRPORT AIRPORT CAPITAL IMPROVEMENT PROGRAM ACIP FY 2020 ... ........ ........................ .... ,, ......................... ; ~~ J.__._~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~---N~.T.S~.-1 LEGEND ~--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-1 ~ • 0 APRON RECONSTRUCTION (CONSTRUCTION). PHASE IV ~ i PREPARED: 10/2015 (FY 2020) 1 PALO AL TO AIRPORT AIRPORT CAPITAL IMPROVEMENT PROGRAM ACIP FY 2021 : +' IL-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~___;.;,N.=TS~.---- ~..._~~~~~~~~~~~~~~~-LE_G_E_N_D~~~~~~~~~~~~~~~~ 8 i ! ~ 0 ALP NARRATIVE WITH AERONAUTICAL SURVEY AND ENVIRONMENTAL STUDIES (NOT DEPICTED) PREPARED: 10/2015 (FY 2021) 1 CITY OF PALO ALTO CONTRACT NO. C15155208A AGREEMENT BETWEEN THE CITY OF PALO ALTO AND C & S ENGINEERS, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 27th day of October, 2014, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and C & S ENGINEERS, INC, a New York corporation, located at 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to improve the facilities at the Palo Alto Airport (“Project”) and desires to engage a consultant to provide various on-call engineering services including planning, design/engineering, environmental analyses, grant management and construction management in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT 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 Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work Professional Services Rev. Feb. 2014 1 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through October 31, 2019 unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for the entire five-year term. The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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 in Exhibit “A”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally Professional Services Rev. Feb. 2014 2 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 required to perform the Services. All of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning Professional Services Rev. Feb. 2014 3 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jessica L. Mullen, P.E., C.M. as the Project Supervisor to have supervisory responsibility for the performance, progress, and execution of the Services to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. The City’s project manager is Andy Swanson, Public Works Department, Airport Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650)329-2688. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or Professional Services Rev. Feb. 2014 4 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. 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 Purchasing Manager 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, Professional Services Rev. Feb. 2014 5 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 Professional Services Rev. Feb. 2014 6 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the 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: • 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 the 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. • Goods purchased by Consultant on behalf of the City shall be purchased in Professional Services Rev. Feb. 2014 7 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 accordance with the 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 Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable Professional Services Rev. Feb. 2014 8 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ Senior Asst. City Attorney C&S ENGINEERS, INC. By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “A-1” ON CALL TASK ORDER SAMPLE EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS Professional Services Rev. Feb. 2014 9 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Jessica Mullen Department Manager DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 EXHIBIT “A” SCOPE OF SERVICES CONSULTANT shall provide on-call consulting services at Palo Alto Airport in connection with categories associated with the airfield improvements identified on the AICP – design, planning, engineering, construction management and environmental review/approval services. Professional Services Rev. Feb. 2014 11 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C15155208A ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO C & S ENGINEERS, INC. BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ Professional Services Rev. Feb. 2014 12 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 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. Milestones Completion No. of Days/Weeks From NTP 1. On-call Services TBD Professional Services Rev. Feb. 2014 2 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $250,000. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $250 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. Professional Services Rev Feb. 2014 18 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 EXHIBIT “C-1” HOURLY RATE SCHEDULE LABOR CATEGORY-2014 RATE Service Group Manager $ 292 Department Manager $ 252 Managing Engineer $ 240 Chief Engineer $ 199 Senior Project Engineer $ 175 Project Engineer $ 146 Engineer $ 129 Staff Engineer $ 123 Senior Designer $ 129 Designer $ 99 CADD Operator $ 88 Administrative Assistant $ 76 Grants Administrator $ 111 Managing Airport Planner $ 205 Senior Planner $ 181 Planner $ 123 Staff Planner $ 99 Senior Construction Supervisor $ 205 Inspector (prevailing wage) As designated by CA Wage Rates at applicable time Inspector (prevailing wage) OT As designated by CA Wage Rates at applicable time Senior Technical Administrator $ 76 Senior GIS Analyst $ 105 OUT OF POCKET EXPENSES Travel, by Auto (Per Mile) $ 0.57 / Mile Per Diem, (Hotel & Food) $171.00 / Day Copies, 8 ½” x 11” $ 0.05 / Each Copies, Plans (22” x 34”) $ 1.00 / Each Copies, Large Xerox $ 1.00 / Foot Mylars $ 5.00 / Each • Subconsultant billing rates not included. • These rate are applicable through December 31, 2014. Updated rates will be negotiated with the City on an annual calendar year basis. Professional Services Rev Feb. 2014 19 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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. Professional Services Rev Feb. 2014 20 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED 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 ISSUING COMPANY 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Professional Services Rev Feb. 2014 21 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10/7/2014 Haylor, Freyer & Coon, Inc.231 Salina Meadows ParkwayP.O. Box 4743Syracuse NY 13221 C&S Engineers, Inc., C&S ArchitectsEngineers & Landscape Architect, PLLC499 Col Eileen Collins Blvd.Syracuse NY 13212 Charter Oak Fire Ins. Co. Travelers Indemnity Co of CT St. Paul Fire and Marine Insurance 25615 5000 24767 Lisa Stipetic 315-453-2177 315-362-5780 lstipetic@haylor.com CSENGINEER 1644207999 A Y Y P6307E874377COF14 7/1/2014 7/1/2015 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 X X X X B Y Y Y Y X X X BA7E874377CAG14 7/1/2014 7/1/2015 1,000,000 C X X ZUP15S4388114NF 7/1/2014 7/1/2015 25,000,000 25,000,000 A N POUB7E83200014 7/1/2014 7/1/2015 X 1,000,000 1,000,000 1,000,000 Y See Attached Acord 101 Purchasing and Contract AdministrationCity of Palo AltoPO Box 10250Palo Alto CA 94303 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 P6307E874377COF14 Each "project"for which you have agreed,in a written contract which is in effect during this policy period,to provide a separate General Aggregate Limit,provided that the contract is signed and executed by you before the "bodily injury"or "property damage"occurs. General Aggregate limit shown on the declarations. 07/01/2014 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrencesR under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of Rbodily injury" or "property damage" included in the Rproducts-completed operations hazardR will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: RProject" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each RprojectR that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG 0211 01 04 P6307E874377COF14 07/01/2014 1 1 Engineering Office 499 COL EILEEN COLLINS BLVD,SYRACUSE,NY 13212 2 2 ENGINEERING OFFICE 59 COURT ST,SUITE 500,BINGHAMTON,NY13901 3 3 ENGINEERING OFFICE 20445 EMERALD PKWY,SUITE 100,CLEVELAND,OH 44135 4 4 ENGINEERING OFFICE 2020CAMINO DEL RIO N,SUITE 1000,SAN DIEGO,CA92108 5 5 ENGINEERING OFFICE 605 E ROBINSON ST,SUITE 210,ORLANDO,FL 32801-9999 6 6 ENGINEERING OFFICE 38777 6 MILE RD,SUITE 202,LIVONIA,MI 48152 7 7 ENGINEERING OFFICE 500 S FRANKLIN ST,SYRACUSE,NY 13202 8 8 ENGINEERING OFFICE 3034LARUE COURT,LOUISVILLE,KY 40217 9 9 ENGINEERING OFFICE 9200E PIMA CENTER PKWY,SUITE 240,SCOTTSDALE,AZ 85258 10 10ENGINEERINGOFFICE 450 GEARS RD,SUITE 200,HOUSTON,TX 77067 11 11ENGINEERINGOFFICE 8880 CAL CENTERDR,SUITE 450,SACRAMENTO,CA 95826 12 12ENGINEERINGOFFICE 150 STATE ST,SUITE 120,ROCHESTER,NY 14614 13 13ENGINEERINGOFFICE 5928 COURT STREET RD,SYRACUSE,NY 13206 14 14ENGINEERINGOFFICE 456 MICHIGAN AVE,BUFFALO,NY 14203 15 15ENGINEERINGOFFICE 11495 NAVAID RD,BRIDGETON,MO 63044 16 16ENGINEERING16 LAURANA LN,HADLEY,MA 01035 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 COMMERCIAL GENERAL LIABILITY der COVERAGE C (SECTION I), which cannot be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in Page 2 of2 the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Limits of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 01 690205 Copyright, 2005. The St. Paul Travelers Companies, Inc. All Rights Reserved. POLICY NUMBER: ISSUE DATE: IL T4 05 03 11 © 2011 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY – NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 _ PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION THAT IS A CERTIFICATE HOLDER OF A CERTIFICATE OF INSURANCE ISSUED FOR YOU THAT: 1. REFERS TO THIS POLICY AND STATES THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE PROVIDED TO THAT PERSON OR ORGANIZATION; AND 2. IS IN EFFECT, AND IS ON FILE AT THE OFFICE OF YOUR AGENT OR BROKER FOR THIS POLICY, AT THE TIME OF THE CANCELLATION OR NONRENEWAL. ADDRESS: THE ADDRESS SHOWN FOR THAT PERSON OR ORGANIZATION IN THAT CERTIFICATE OF INSURANCE. PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. DTCO7E671550PHX14 07/01/2014P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 POUB7E83200014 Any person or organization for which the insured has agreed to by written contract executed prior to loss to furnish this waiver. DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: GENERAL LIABILITY:Additional Insured on a Primary and Non-Contributory basis and Waiver of Subrogation (only if agreed to in a written contract with the NamedInsured) applies per attached “Business Liability Coverage Form” SS 00 08 04 05 1 1 C&S Operations Inc.DBA Que Centre Group150 State Street, Suite 120Rochester NY 14614 CSENGINEER Haylor, Freyer & Coon, Inc. 25 CERTIFICATE OF LIABILITY INSURANCE C&S Operations, Inc. 150 State Street, Suite 120 Rochester, NY 14614 Form Enclosed: SS 00 08 04 05- Blanket Additional Insured & Waiver of Subrogation C&S Operations, Inc. 499 Col Eileen Collins Blvd. Syracuse, NY 13221 C&S Engineers, Inc. C&S Architects Engineers & Landscape Architect, PLLC 499 Colonel Eileen Collins Blvd. Syracuse, NY 13212 Forms Enclosed: HG 00 01 (06/05)- Commercial General Liability Coverage Form HA 99 17 (09/10)- Commercial Automobile Broad Form Endorsement New York IH 03 13 (06/11)- Notice of Cancellation to Certificate Holder(s) Forms Enclosed: HG 00 01 (06/05)!General Liability includes Additional Insureds When Required By Written Contract, Agreement or Permit. Includes ongoing operations, products-completed operations, primary and non- contributory to other insurance, and Waiver of Rights of Recovery when required by contract. HA 99 17 (09/10) Automobile Broad Form Endorsement includes Additional Insured, Primary & Non- Contributory and Waiver of Subrogation if Required by Contract. IL 03 13 (06/11) Notice of Cancellation to Certificate Holders WC 00 03 13 !Workers Compensation Waiver of our Rights to Recover from Others when required by written contract or agreement. (11 /12) General Liability: CG D1 44 (01/96)-Other Additional Insureds CG D0 37 (04/05)-Other Insurance -Additional Insureds CG F4 89 (10/08)-Architects,Engineers and Surveyors IndustryEdge Endorsement -New York CG D2 11 (01/04)-Designated Project(s)General Aggregate Limit CG D1 69 (02/05)-Designated Location(s)General Aggregate Limit IL T4 05 (03/11) Designated Entity Notice of Cancellation Provided By Us Automobile: CA T4 37 (08/08)-Blanket Additional Insured CA T9 60 (06/05)-New York Business Auto Coverage Extension Form Workers Compensation: WC 00 03 13 (00)-Waiver of Our Right to Recover from Others Endorsement DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Certificate of Completion Envelope Number: FF48E5F5AEBD40B9938A985C12E8C106 Status: Completed Subject: Please DocuSign this document: C15155208A.C&S.B1.pdf Source Envelope: Document Pages: 36 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Carolynn Bissett AutoNav: Enabled EnvelopeId Stamping: Enabled 250 Hamilton Ave Palo Alto , CA 94301 carolynn.bissett@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 10/9/2014 10:28:57 AM PT Holder: Carolynn Bissett carolynn.bissett@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Jessica Mullen jmullen@cscos.com Department Manager Security Level: Email, Account Authentication (None)Using IP Address: 12.126.138.178 Sent: 10/9/2014 10:31:49 AM PT Viewed: 10/9/2014 1:41:19 PM PT Signed: 10/9/2014 1:41:47 PM PT Electronic Record and Signature Disclosure: Accepted: 10/9/2014 1:41:19 PM PT ID: b0e295f3-9542-450f-abde-bca7196a5d0a In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Karen Mitchell Karen.Mitchell@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 10/9/2014 1:41:49 PM PT Electronic Record and Signature Disclosure: Not Offered ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/9/2014 1:41:49 PM PT Certified Delivered Security Checked 10/9/2014 1:41:49 PM PT Signing Complete Security Checked 10/9/2014 1:41:49 PM PT Completed Security Checked 10/9/2014 1:41:49 PM PT Electronic Record and Signature Disclosure DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Electronic Record and Signature Disclosure created on: 10/1/2013 3:33:53 PM Parties agreed to: Jessica Mullen DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 How to contact City of Palo Alto: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: david.ramberg@cityofpaloalto.org To advise City of Palo Alto of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at david.ramberg@cityofpaloalto.org and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Palo Alto To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Palo Alto To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 have the right to withdraw your consent. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Palo Alto as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you. DocuSign Envelope ID: 2571BB83-F532-428D-80D7-1BD79630E465 Certificate of Completion Envelope Number: 2571BB83F532428D80D71BD79630E465 Status: Completed Subject: Please DocuSign this document: C15155208A - Palo Alto Airport On Call Services. 10.9.14.pdf Source Envelope: Document Pages: 40 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Carolynn Bissett AutoNav: Enabled EnvelopeId Stamping: Enabled 250 Hamilton Ave Palo Alto , CA 94301 carolynn.bissett@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 11/3/2014 12:06:44 PM PT Holder: Carolynn Bissett carolynn.bissett@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp J M Sartor mike.sartor@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 11/3/2014 12:12:29 PM PT Viewed: 11/3/2014 1:14:37 PM PT Signed: 11/3/2014 1:16:09 PM PT Electronic Record and Signature Disclosure: Accepted: 11/3/2014 1:14:37 PM PT ID: 38abc695-ea46-46c1-a4a3-7d03d350e071 Grant Kolling grant.kolling@cityofpaloalto.org Senior Asst. City Attorney Security Level: Email, Account Authentication (None)Using IP Address: 199.33.32.254 Sent: 11/3/2014 1:16:12 PM PT Viewed: 11/3/2014 2:16:44 PM PT Signed: 11/3/2014 2:17:47 PM PT Electronic Record and Signature Disclosure: Accepted: 11/3/2014 2:16:44 PM PT ID: 099b7a85-d829-463a-9e5a-8794ca5911d8 James Keene james.keene@cityofpaloalto.org City Manager Security Level: Email, Account Authentication (None)Using IP Address: 199.33.32.254 Sent: 11/3/2014 2:17:49 PM PT Viewed: 11/3/2014 4:55:51 PM PT Signed: 11/3/2014 4:56:04 PM PT Electronic Record and Signature Disclosure: Accepted: 11/3/2014 4:55:51 PM PT ID: df824b7f-42c3-48c2-8c8f-58b83cc1f18f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Andrew Swanson andrew.swanson@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 11/3/2014 4:56:06 PM PT Viewed: 11/3/2014 6:13:05 PM PT Electronic Record and Signature Disclosure: Not Offered ID: Karen Mitchell Karen.Mitchell@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 11/3/2014 4:56:07 PM PT Viewed: 11/17/2014 3:43:32 PM PT Electronic Record and Signature Disclosure: Not Offered ID: Jessica Mullen jmullen@cscos.com Department Manager Security Level: Email, Account Authentication (None) Sent: 11/3/2014 4:56:09 PM PT Viewed: 11/4/2014 8:17:58 AM PT Electronic Record and Signature Disclosure: Accepted: 10/9/2014 1:41:19 PM PT ID: b0e295f3-9542-450f-abde-bca7196a5d0a Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/3/2014 4:56:09 PM PT Certified Delivered Security Checked 11/3/2014 4:56:09 PM PT Signing Complete Security Checked 11/3/2014 4:56:09 PM PT Completed Security Checked 11/3/2014 4:56:09 PM PT Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 10/1/2013 3:33:53 PM Parties agreed to: J M Sartor, Grant Kolling, James Keene, Jessica Mullen How to contact City of Palo Alto: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: david.ramberg@cityofpaloalto.org To advise City of Palo Alto of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at david.ramberg@cityofpaloalto.org and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Palo Alto To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Palo Alto To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Palo Alto as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you. Professional Services Rev. Feb. 2014 1 CITY OF PALO ALTO CONTRACT NO. C15155208B AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MEAD & HUNT, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 27th day of October, 2014, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MEAD & HUNT, INC, a California corporation, located at 133 Aviation Boulevard, Suite 100, Santa Rosa, California 95403 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to improve the facilities at the Palo Alto Airport (“Project”) and desires to engage a consultant to provide various on-call design engineering services including planning, design/engineering, environmental analyses, grant management and construction management in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT 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 Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 2 performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through October 31, 2019 unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for the entire five-year term. The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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 in Exhibit “A”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 3 required to perform the Services. All of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 4 compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jeffrey T. Leonard, P.E. as the Project Supervisor to have supervisory responsibility for the performance, progress, and execution of the Services to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. The City’s project manager is Andy Swanson, Public Works Department, Airport Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650)329-2688. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 5 contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. 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 Purchasing Manager 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, DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 6 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 7 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the 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: 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 the 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. Goods purchased by Consultant on behalf of the City shall be purchased in DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 8 accordance with the 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 Office. Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 9 and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: Senior Asst. City Attorney MEAD & HUNT, INC. Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “A-1” ON CALL TASK ORDER EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 10/21/2014 Jon J. Faucher Vice President DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Public Works Director Professional Services Rev. Feb. 2014 11 EXHIBIT “A” SCOPE OF SERVICES CONSULTANT shall provide on-call consulting services at Palo Alto Airport in connection with categories associated with the airfield improvements identified on the AICP – design, planning, engineering, construction management and environmental review/approval services. DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 12 EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C1515520B ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_______________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO MEAD & HUNT, INC. BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev. Feb. 2014 2 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. Milestones Completion No. of Days/Weeks From NTP 1. On-call Services TBD DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev Feb. 2014 18 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $250,000. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $250 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev Feb. 2014 19 EXHIBIT “C-1” HOURLY RATE SCHEDULE Standard Billing Rates Clerical................................................................................................................................. ..... $77.00 / hour Interior Designer, Technical Editor .......................................................................................... $103.00 / hour Senior Editor ............................................................................................................................ $152.00 / hour Registered Land Surveyor................................................................................................... ... $117.00 / hour Accounting, Administrative Assistant......................................................................................... $95.00 / hour Technician I, Technical Writer ................................................................................................... $88.00 / hour Technician II, Surveyor - Instrument Person ........................................................................... $103.00 / hour Technician III .......................................................................................................................... $111.00 / hour Technician IV ........................................................................................................................... $134.00 / hour Senior Technician .................................................................................................................... $160.00 / hour Engineer I, Scientist I, Architect I, Planner I ............................................................................ $121.00 / hour Engineer II, Scientist II, Architect II, Planner II ........................................................................ $133.00 / hour Engineer III ............................................................................................................................. $144.00 / hour Senior Engineer, Senior Scientist, Senior Architect, Senior Planner, Senior Economist... ..... $164.00 / hour Project Engineer, Project Scientist, Project Architect, Project Planner............................ ....... $177.00 / hour Senior Project Engineer, Senior Project Scientist, Senior Project Architect, Senior Project Planner....................................................................................................... ..... $216.00 / hour Senior Associate ...................................................................................................................... $263.00 / hour Principal ................................................................................................................................... $273.00 / hour Senior Client/Project Manager.......................................................................................... ...... $273.00 / hour Expenses Geographic Information or GPS Systems ................................................................................ $32.00 / hour Total Station Survey Equipment ................................................................................................ $16.00 / hour Charges for other equipment may appear in a proposal Out-Of-Pocket Direct Job Expenses......................................................................................... cost plus 15% Such as reproductions, sub-consultants / contractors, etc. Travel Expense ................................................................................................................................. $0.90 / mile Air and Surface Transportation ....................................................................................................... cost plus 15% Lodging and Sustenance ................................................................................................................ cost plus 15% Billing & Payment Travel time is charged for work required to be performed out-of-office. A minimum of two hours will be billed for any work out-of-office. Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of invoice. This schedule of billing rates is effective January 1, 2014, and will remain in effect until December 31, 2014, unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases. DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev Feb. 2014 20 EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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 DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD Professional Services Rev Feb. 2014 21 THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED 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 ISSUING COMPANY 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72DocuSign Envelope ID: 07848643-6E47-4CBD-98D6-0068649BC6DD City of Palo Alto (ID # 6418) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: From P&S - Healthy Cities, Healthy Communities Title: Staff and the Policy and Services Committee Recommend Adoption of the Revised Healthy City Healthy Community Resolution From: City Manager Lead Department: Community Services Recommendation The Policy and Services Committee and staff recommend approval of the revised Healthy Cities, Healthy Communities Resolution (Attachment A), encouraging healthy social, cultural and physical environments that promote and support health, well-being and creative expression for ourselves, our families and our communities. Background On October 26, 2015 Council reviewed a draft Resolution that supports Healthy Cities, Healthy Communities (Attachment B). Staff developed the resolution with a diverse group of interested citizens and stakeholders. While there was broad support from Council for the draft resolution, Council recommended that the draft resolution first be reviewed by the Policy and Services and then return to Council for adoption. Discussion Council feedback from the October 26, 2015 Council meeting has been incorporated into a revised draft resolution (Attachment A). On December 1, 2015 the Policy and Services Committee reviewed the edits to the resolution from the October version. A redlined version of the draft resolution can be seen in the Policy and Services staff report (Attachment C), so that Council members and the public can easily see where changes that have been made. The revisions from the original draft include new language that is intended to be more aspirational and less directive, while retaining sufficient specificity to guide and encourage action toward greater health for our City and community. Staff also deleted the item that states “accommodate breastfeeding employees upon their return to work” as this is something the City is already doing, and is legally mandated, and therefore is redundant. City of Palo Alto Page 2 As discussed at the October 26, 2015 Council meeting and at the December 1, 2015 Policy and Services Committee meeting, Palo Alto’s Healthy Cities Healthy Community draft resolution has four areas of focus. Three areas of focus are recommended by the League of CA Cities “Healthy Eating Active Living Campaign” (Attachment C), namely: Healthy Environment, Healthy Food Access, and Healthy Workplace, a fourth area of focus was recommended and added staff and a diverse stakeholder group that helped draft the resolution, that fourth area of focus is titled Healthy Culture. Below is a description of the four focus areas: 1. Healthy Culture addresses elements of health that support the social, emotional, and mental wellbeing of the community. A healthy culture encourages expressions of creativity, supports an environment of inclusivity and kindness, builds social connections, and grows social and civic capital, strengthening the link between health and happiness. 2. Healthy Environment includes urban design and the planning and funding of capital projects that increase opportunities for walking, biking and other forms of physical activity, in addition to increasing the connection between residents and their natural environment (parks, playgrounds, trails, sidewalks, etc.). 3. Healthy Food Access promotes the collaboration between the City, neighborhoods, non-profits and business to increase access to healthy and affordable food options through grocery stores, community gardens, and farmers markets. 4. Healthy Workplace is designed to enhance the quality of life among workers. The well-being of any workforce is critical in fulfilling the mission of their organization. A healthy workforce can improve productivity, employee morale and job satisfaction. Staff further recommends the City in partnership with the community strive to accomplish the following goals in the remainder of Fiscal Year 2016 and during Fiscal Year 2017, assuming the Council reaffirms Healthy Cities, Healthy Community as a goal at its January, 2016 Retreat. The FY 2016 / FY 2017 goals in support of the resolution are as follows: 1. Create a welcome packet for new residents, that orient individuals and families to the many health and wellness opportunities available in Palo Alto; 2. Include Healthy City/Healthy Community goals, policies and programs in the Comprehensive Plan Update; 3. Advance specific and safe Bike/Pedestrian Plan projects; City of Palo Alto Page 3 4. Implement a City of Palo Alto Employee Health and Wellness Initiative; 5. In partnership with the business community, coordinate a forum for local businesses to share and learn about workplace health and wellness best practices and encourage the adoption of similar employee health and wellness initiatives; 6. In partnership with community partners, coordinate an annual Health Fair that promotes community health and wellbeing; 7. In partnership with community partners, establish specific metrics to measure progress. Timeline Staff plans to reconvene the Healthy Cities Healthy Community stakeholder group in January, 2016 to help advance the objectives in the Resolution, along with other potential means of engagement. Through this community stakeholder process, an annual report on progress would be provided to Council, including steps taken to implement the Resolution, and additional actions planned, including any decisions or direction that would need to be provided by Council. Resource Impact Community Services will be the lead department with support from the Planning and Community Environment and People Strategy and Operations Departments. Together we will track the implementation of the resolution goals and objectives. No additional General Fund resources are requested at this time. Policy Implications The Comprehensive Plan currently includes a variety of policies and programs that support the Healthy Cities, Healthy Communities Resolution. As Council, the Citizen Advisory Committee and staff work on updating the Comprehensive Plans vision, goals, policies and programs we will look for opportunities to deepen the City’s commitment to health and wellness. Attachments: Attachment A: Palo Alto’s Healthy Cities Healthy Community Resolution Attachment B: Council Staff Report - October 26, 2015 Attachment C: Policy and Services Staff Report – December 1, 2015 Attachments: ATT C - P&S Staff Report ID# 6362 Healthy Cities (PDF) ATT B - Council Report Oct 26, 2015 (PDF) ATT A - Revised Healthy Cities Healthy Community Resoulution (DOCX) City of Palo Alto (ID # 6362) Policy and Services Committee Staff Report Report Type: Agenda Items Meeting Date: 12/1/2015 City of Palo Alto Page 1 Summary Title: Healthy Cities Healthy Community - Council Referral Title: Discussion and Recommendation to Council of Adoption of the Healthy Cities, Healthy Communities Resolution Encouraging Healthy Social, Cultural and Physical Environments That Promote and Support Health, Wellbeing and Creative Expression for Ourselves, our Families and our Communities From: City Manager Lead Department: Community Services Recommendation Review the revised Healthy Cities, Healthy Communities Resolution (Attachment A) Encouraging healthy social, cultural and physical environments that promote and support health, well-being and creative expression for ourselves, our families and our communities and return to Council for adoption. Background On October 26, 2015 Council reviewed a staff recommendation to adopt a Resolution in support of Healthy Cities, Healthy Communities (Attachment B), that staff developed with a diverse group of interested citizens and stakeholders. While there was broad support for the draft resolution, Council recommended that the draft resolution first be reviewed by the Policy and Services and then return to Council for adoption. Discussion At the October 26, 2015 Council meeting, Council provided feedback on the draft resolution. That feedback, as staff understood it, has been incorporated into a revised draft resolution (Attachment A). The edits are redlined in Attachment A, so that Council members and the public can easily see where changes have been made. The revisions include new language that is intended to be more aspirational and less directive, while retaining sufficient specificity to guide and encourage action toward greater health for our City and community. Staff also deleted the item that states “accommodate breastfeeding employees upon their return to work” as this is something the City is already doing, is legally mandated, and therefore is redundant. City of Palo Alto Page 2 As seen in Palo Alto’s Healthy City Healthy Community draft resolution on October 26 the four areas of focus remain. Three areas of focus are recommended by the League of CA Cities Healthy Eating Active Living Campaign (Attachment C), namely: Healthy Environment, Healthy Food Access, and Healthy Workplace, a fourth area of focus was recommended by the Palo Alto’s stakeholder group which is titled Healthy Culture. Below is a description of the four focus areas: 1. Healthy Culture addresses elements of health that support the social, emotional, and mental wellbeing of the community. A healthy culture encourages expressions of creativity, supports an environment of inclusivity and kindness, builds social connections, and grows social and civic capital—strengthening the link between health and happiness. 2. Healthy Environment includes urban design and the planning and funding of capital projects that increase opportunities for walking, biking and other forms of physical activity, in addition to increasing the connection between residents and their natural environment (parks, playgrounds, trails, sidewalks, etc.). 3. Healthy Food Access promotes the collaboration between the City, neighborhoods, non-profits and business to increase access to healthy and affordable food options through grocery stores, community gardens, and farmers markets. 4. Healthy Workplace is designed to enhance the quality of life among workers. The well-being of any workforce is critical in fulfilling the mission of their organization. A healthy workforce can improve productivity, employee morale and job satisfaction. Proposed goals of the Healthy Workplace are to enhance quality of life through physical, emotional and mental health; educate employees on healthy living and ways to implement long lasting habits; improve employee productivity, retention and decrease injury rates; create awareness and self- efficacy around well-being resulting in a more efficient work environment; and promote work-life balance by decreasing stress. In this case, the City’s primary application of these principles is to its own workplace. The draft Resolution (Attachment A) is a progressive statement of support and commitment to supporting a healthy City and healthy community in Palo Alto. The draft Resolution recognizes that health requires a long-term perspective and that it requires an ongoing commitment to build and sustain policies, programs and services that contribute to a healthy city and healthy community. Because Palo Alto has been committed to supporting and building a healthy community for many years, the draft Resolution also serves as an affirmation of the Cities already strong commitment to health. Staff plans that the Healthy City Healthy Community stakeholder group continue to City of Palo Alto Page 3 meet to help advance the objectives in the Resolution, along with other potential means of engagement. Through this process, an annual report on progress would be provided to Council, including steps taken to implement the Resolution, and additional actions planned, including any decisions or direction that would need to be provided by Council. This report recommends the City in partnership with the community strive to accomplish the following in the remainder of Fiscal Year 2016 and during Fiscal Year 2017 assuming the Council reaffirms Healthy City, Healthy Community as a goal at its calendar 2016 Retreat. FY 2016 FY 2017 Goals: 1. Create a welcome packet for new residents that orients individuals and families to the many health and wellness opportunities available in Palo Alto; 2. Include Healthy City/Healthy Community goals, policies and programs in the Comprehensive Plan Update; 3. Advance specific and safe Bike/Pedestrian Plan projects; 4. Implement a City of Palo Alto Employee Health and Wellness Initiative; 5. In partnership with the business community, coordinate a forum for local businesses to share and learn about workplace health and wellness best practices and encourage the adoption of similar employee health and wellness initiatives; 6. In partnership with community partners, coordinate an annual Health Fair that promotes community health and wellbeing; 7. In partnership with community partners, establish specific metrics to measure progress. Staff looks forward to discussing the draft Resolution with the Policy and Services Committee and returning to Council for approval as soon as possible thereafter. Timeline Staff would like to return the draft Resolution for Council approval on December 14th, 2015, inclusive of any and all recommended revisions by the Policy and Services Committee. Resource Impact CSD is recommended to be the lead department, as health and wellness of the community is a core focus for the department. CSD will track the implementation of the resolution goals and objectives. At the same time, The City organization’s own health and wellness program will involve many different departments. No additional General Fund resources are requested at this time. City of Palo Alto Page 4 Policy Implications The Comprehensive Plan currently includes a variety of policies and programs that support the Healthy Cities, Healthy Communities Resolution. As Council, the Comprehensive Plan Citizen Advisory Committee and staff work on updating the Comprehensive Plans vision, goals, policies and prgrams related to health and wellness, to deepen the City’s commitment, may be considered. Attachments: Attachment A: Healthy Cities Resolution - Revised for P&S (DOCX) Attachment B: Staff Report - Council - 10-26-15 (PDF) Attachment C: HEAL CC Resolution (DOCX) NOT YET APPROVED ATTACHMENT A 1 151015 sh 0140143 a Resolution No. Resolution of the Council of the City of Palo Alto to Adopt Healthy Social, Cultural and Physical Environments that Promote and Support Wellbeing and Creative Expression for Ourselves, Our Families and Our Community in Support a of Healthy City/Healthy Community WHEREAS, in 1986, the World Health Organization launched Healthy Cities in Europe and the healthy communities movement takes a broad view of health and human endeavors to achieve improved health and community quality of life; and WHEREAS, the League of California cities has been leading the way, encouraging cities to embrace policies that promote healthier lifestyles and communities; and WHEREAS, the City of Palo Alto, League of California Cities and the Palo Alto community have a common interest to promote and develop a safe and healthy city; and WHEREAS, the City is a member of a global community, and benefits in numerous ways from being a diverse community; and WHEREAS, the City of Palo Alto and its community partners can work together to understand the relationship between the health of a community and the community culture, land-use policies, equitable access to healthy food and healthy workplaces; and WHEREAS, supporting the health of residents and the local work force would decrease chronic disease and health care costs while also increasing productivity; and WHEREAS, the City has been designated a Bike Friendly Community by the League of American Bicyclist with over 65.5 miles of bicycle facilities; and WHEREAS, the City benefits from an extensive urban forest with tree canopy covering 37.6% of all land and has been designated a Tree City USA by the Arbor Day Foundation; and WHEREAS, the City has supported healthy and active lifestyles through a comprehensive parks, open space, urban forest, arts and recreation system and maintains 40 miles of trails, 37 parks, 4,000 acres of open space, an 18-hole golf course, an aquatic center, 32 tennis courts and four community gardens; and WHEREAS, the City is currently updating its Comprehensive Plan which is expected to address the health and well-being of the community to the year 2030 by developing health- related goals and policies that reflect the desires of the community over a wide variety of policy areas including but not limited to promoting a pedestrian–friendly built environment that recognizes the importance of walkable neighborhoods, enhancement of the City’s robust tree canopy, and build-out of the City’s envisioned pedestrian and bicycle network; and Formatted: Left Formatted: Left NOT YET APPROVED ATTACHMENT A 2 151015 sh 0140143 a WHEREAS, economic and psychological principles have produced a substantial body of evidence that health is a consistent determinant of self-reported happiness, productivity, and positive attitudes toward one self, the community and environment; NOW, THEREFORE, LET IT BE RESOLVED that the City Council hereby recognizes its role and responsibility in partnership with the community to promote and support a Healthy City/Healthy Community for Palo Alto residents, workers and visitors and hereby the City of Palo Alto adopts this Healthy City/Healthy Community Resolution: NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Healthy Culture The City of Palo Alto in cooperation with the community is committed to building and strengthening a healthy community culture, and making every effortwill strive to to: 1. Encourage engagement and connection that support a welcoming environment and focus on inclusivity and kindness; 2. Support creativity through visual, performing, and digital arts; 3. Support access to museums, galleries, and musical events; 4. Create opportunities for healthy aging and aging in place; 5. Improve access and awareness to mental health support and education; 6. Seek solutions, promote awareness and compassion for the unhoused; 6.7. Support and improve the lives for people with different abilities, children and seniors; 7.8. Promote the connection between health and happiness; 8.9. Support an environment that recognizes the need for all populations to have access to healthy lifestyles and adopt strategies to remedy inequities; 9.10. Promote and provide opportunities for social interaction; 10.11. Support youth development through a connection to the arts, educational opportunities, and recreational programs, and through service. SECTION 2. Healthy Environment The City of Palo Alto is dedicated to the design and construction of parks, neighborhoods, streets, and business areas that and will strive tomake every effort to: 1. Ensure theInclude Comprehensive Plan and zoning ordinances that increase opportunities for walking, biking and other forms of physical activity; 2. Enact laws and regulations that preserve clean air and water; 3. Prioritize Fund capital improvement projects that increase opportunities for health and wellbeing; 4. Support, protect and connect us to our natural environment and cultural resources; 5. Address Enhance walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources and retail, and improve multi-modal transit; 6. Expand Increase community access to indoor and outdoor public facilities through joint use agreements with schools and other partners; Formatted: Not Expanded by / Condensed by Formatted: Left Formatted: Left Formatted: Left NOT YET APPROVED ATTACHMENT A 3 151015 sh 0140143 a 7. Incorporate people-friendly design into buildings and spaces such as human scale, tree-shaded pedestrian passageways, gathering places, that demonstrate favorable impacts on resident and employee health and quality of life; NOT YET APPROVED ATTACHMENT A 4 151015 sh 0140143 a 8. Examine racial, ethnic, socio-economic, and geographic disparities in access to healthy foods, physical activity facilities, tree canopy cover or and resources and adopt pursue alternative strategies to remedy these inequities. SECTION 3. Healthy Food Access The City of Palo Alto in cooperation with public and private entities is committed to healthy food access, and will strive tomaking every effort to: 1. Facilitate the siting ofSupport affordable grocery stores and promote community participation in community gardens and farmers markets to increase access tos to healthy food, including fresh fruits and vegetables; 2. Seek opportunities for increased access to healthy foods, including prioritizing support for affordable healthy food retail in development policies, proposals and projects; 3. Include health and wellbeing goals and policies related to access to healthy food in the Comprehensive Plan update. SECTION 4. Healthy Workplace In order to promote wellness within the City of Palo Alto, and to set an example for other employers, City of Palo Alto pledges to adopt and implement an employee wellness policy that will strive to: 1. Offer employee health incentives for healthy eating and physical activity; 2. Encourage walking to meetings and use of stairways; 3. Support emotional and mental wellbeing; 4. Set nutrition standards forProviding healthy food and beverage options in vending machines located in city-owned or leased locations, and for food offered at city events, city-sponsored meetings, served at city facilities and city concessions, and city programs; 5. Accommodate breastfeeding employees upon their return to work; 6.5. Ado ptReview and improve ethics standards; and adopt policies that support diversity, promote safee safe, positive, inclusive, welcoming work environments that invite creativity; 7.6. Adopt policies thatEstablish establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. // // // // // Formatted: Left Formatted: Left Formatted: Left Formatted: Left Comment [DGR1]: The City is already doing this and it is required by law, and therefore needn’t be in the Resolution NOT YET APPROVED ATTACHMENT A 5 151015 sh 0140143 a // // Formatted: Body Text NOT YET APPROVED ATTACHMENT A 6 151015 sh 0140143 a SECTION 5. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: City Attorney City Manager Formatted: Indent: Left: 0", First line: 0" City of Palo Alto (ID # 6196) City Council Staff Report Report Type: Action Items Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Adoption of Healthy Cities, Healthy Communities Resolution Title: Recommendation to Adopt a Healthy Cities, Healthy Communities Resolution to Define and Support the 2015 Council Priority Healthy Cities, Healthy Communities From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council adopt or forward to the Policy and Services Committee for review the Healthy Cities, Healthy Communities Resolution (Attachment A) encouraging healthy social, cultural and physical environments that promote and support health, wellbeing and creative expression for ourselves, our families and our communities. As there are significant implications to this resolution, Policy and Services review may be warranted. Background In 1986, the World Health Organization (WHO) launched Healthy Cities in Europe. WHO defines a healthy city as “a city that is continually creating and improving those physical and social environments and expanding those community resources which enable people to mutually support each other in performing all the functions of life and to develop their maximum potential.” The Healthy Communities movement takes a broad view of health and employs a cross- section of human endeavors to achieve improved health status and community quality of life. Healthy Communities initiatives are a modern illustration of what, in 1838 Alexis deTocqueville observed made America unique and prosperous: its associational life – the way citizens come together to engage in meaningful work for the benefit of community. The League of California Cities has been helping lead the way, encouraging cities to embrace policies that promote healthier lifestyles and communities. The League encourages all cities to adopt resolutions and to work together with the Institute for Local Government and other cities, counties and school districts to promote health and ATTACHMENT A City of Palo Alto Page 2 wellness policies. The League efforts have focused on the campaign Healthy Eating Active Living in partnership with the California Center for Public Health Advocacy. To date, 180 California cities have passed resolutions in support of the Healthy Eating, Active Living Campaign. For more information about the League of California Cities Healthy Eating, Active Living Campaign visit www.healcitiescampaign.org. Discussion On Saturday, January 31, the City Council held its annual retreat at the new Mitchell Park Community Center to discuss and adopt its priorities for the upcoming year and selected “Healthy City, Healthy Communities,” as one of its four priorities. To respond to this new Council priority and explore some of the dimensions that the City might want to focus on, City staff invited representatives from a broad range of Palo Alto organizations, businessses, and residents who have a vested interest in promoting a healthy city and healthy community. Mayor Holman and Council Member Kniss helped kick-off this conversation. The goal was to cultivate an engaged and committed group of stakeholders early in the conversation, so that the Healthy Cities, Healthy Communities priority would garner ownership and commitment from not just the City, but also a diverse group of community partners so that we may have a significant and positive impact for years to come. That objective has taken root, and the stakeholder group has met monthly over the second and third quarters, and a roster of stakeholders is listed in Attachment B. The dialogue that took place during the first stakeholder meetings revealed a need to adopt a framework that would provide direction and structure. In researching successful models, staff learned that the League of California Cities has an active campaign on this important topic, encouraging cities to embrace policies that promote healthier lifestyles and communities. Over the summer, staff met with Kanat Tibet, Director of the League’s Healthy Eating, Active Living campaign, as well as National Director Charlotte Dicksen who made a presentation to our Healthy Cities, Healthy Communities stakeholder group. Both were very supportive of Palo Alto’s interest in adopting a resolution based on their framework and our work to craft an additional Healthy Culture element. Stakeholder conversations have lead to the request for offical endorsement of a resolution memorializing the City’s commitment to this issue. Staff and Palo Alto’s Healthy Cities, Healthy Communities stakeholder group recommend the adoption of a Resolution to join the Healthy Eating, Active Living Campaign, with an additional element specific to Palo Alto (Attachment A). As seen in Palo Alto’s Healthy City Healthy Community Resolution before Council this evening (Attachment A), there are four areas of focus. Three areas of focus are City of Palo Alto Page 3 recommended by the League of CA Cities, namely: Healthy Environment, Healthy Food Access, and Healthy Workplace, a fourth area of focus has been suggested by the stakeholder group and is titled Healthy Culture. 1. Healthy Culture addresses elements of health that support the social, emotional, and mental wellbeing of the community. A healthy culture encourages expressions of creativity, supports an environment of inclusivity and kindness, and ultimately creates the connection between health and happiness. 2. Healthy Environment includes the planning and prioritization of capital projects that increase opportunities for walking, biking and other forms of physical activity in addition to increasing the connection between residents and their natural environment (parks, playgrounds, trails, sidewalks, etc.). 3. Healthy Food Access promotes the collaboration between the City, public and private entities to increase access to healthy and affordable food options such as grocery stores, community gardens, and farmers markets. 4. Healthy Workplace is designed to enhance the quality of life among workers. In our case, we are applying this to our City employees. The well-being of the City’s workforce is critical in fulfilling the mission of the City organization. With a healthy workforce the City will be able to improve productivity, employee morale and job satisfaction. Proposed goals of the Healthy Workplace are to enhance quality of life through physical, emotional and mental health; educate employees on healthy living and ways to implement long lasting habits; improve employee productivity, retention and decrease injury rates; create awareness and self- efficacy around well-being resulting in a more efficient work environment; and promote work-life balance by decreasing stress. The draft Resolution (Attachment A) is a progressive statement of support and commitment to building a healthy City and healthy community. It takes a long-term perspective, recognizing that it will require an ongoing commitment to build and sustain policies, programs and services that contribute to a healthy city and healthy community. Palo Alto has been committed in many ways to health as defined in the Resolution, and the Resolution affirms that commitment and focus. The FY 2016 budget included $50,000 for a community public health consultant to conduct a study regarding the health risks of community members based on age, demographics, and utilization of emergency medical services among other statistics. This study has not yet begun. An additional $31,733 was budgeted for a part-time Public Fire Educator staffing to coordinate outreach programs within the community. So far this Fiscal Year, over 3,000 families and individuals received fire safety talks, station tours, AED training and hands only CPR training. This includes coordinating with 68 schools, businesses, and non-profit organizations. Moreover, to ensure a healthy City of Palo Alto Page 4 employee community within the City organization, the FY 2016 budget included $32,758 to fund a program to promote employee wellness. Funding has been used to develop and maintain an online health coaching tool to increase awareness of healthy options both at work and at home, and an hourly staff person to support for the City Employee Wellness efforts, which are described further below. While the Healthy Cities, Healthy Communities is a 2015 priority, there is recognition of limited resources among the many City programs and services. To that end staff and the stakeholder group suggest what the City in partnership with the community, will strive to accomplish for Fiscal Year 2016-2017, assuming the Council reaffirms Healthy City, Healthy Community as a goal at its 2016 Retreat. See below for the recommended Fiscal Year 2016-2017 goals: FY 2016 /17 Goals: 1. Create a welcome packet for new residents that orients individuals and families to the many health and wellness opportunities available in Palo Alto; 2. Include Healthy City/Healthy Community goals, policies and programs in the Comprehensive Plan Update; 3. Advance specific and safe Bike/Pedestrian Plan projects; 4. Implement a City of Palo Alto Employee Health and Wellness Initiative; 5. In partnership with the business community, coordinate a forum for local businesses to share and learn about workplace health and wellness best practices and encourage the adoption of similar employee health and wellness initiatives; 6. In partnership with community partners, coordinate an annual Health Fair that promotes community health and wellbeing; 7. In partnership with community partners, establish specific metrics to measure progress. Progress has already been made on several of the goals identified for FY16-17, specifically in regards to the Employee Health and Wellness Initiative and the annual Health Fair: Health Fair On Saturday, September 26, the City of Palo Alto partnered with the Palo Alto Family YMCA, Stanford Hospital, and Lucille Packard Children’s Hospital to host a Community Health Fair at Mitchell Park Community Center. Over 26 local non-profit organizations participated in the fair, offering information to attendees about the many health resources available in our community. Medical professionals from Stanford Hospital gave 30 minute seminars on a number of topics ranging from Nutrition, Preventing Injury in Children, and Heart Health followed by an opportunity to speak with the medical professionals one-on-one. The Fair also included hands-on art activities hosted by the Palo Alto Art Center, Cubberley Artist Studio Program, and The Drop Teen City of Palo Alto Page 5 Center. The City of Palo Alto’s BOOST fitness program together with the Palo Alto YMCA offered a variety of exercise demonstrations including Yoga, Tai Chi, Zumba, and Bootcamp. The planning committee estimates 500-600 people attended the event thorughout the day, a great number for a first time collaboration. City of Palo Alto Health & Wellness Initiative In FY 2016 the employee wellness goals will be implemented through a City-wide Health and Wellness Committee, which launched in September 2015. The City has hired an hourly employee to manage the Employee Wellness program, provide publicity and lead the scheduling of speakers, classes and fitness and cooking clubs. Goals for the City Health & Wellness initiative include 1. Offering employee health incentives for healthy eating and physical activity; 2. Encourage walking to meetings and use of stairways; 3. Support emotional and mental wellbeing with Yoga and meditation classes and emotional health workshops; 4. Set nutrition standards for vending machines located in city-owned or leased locations, and for food offered at city events, city-sponsored meetings, served at city facilities and city concessions, and city programs; 5. Accommodate breastfeeding employees upon their return to work; 6. Adopt policies that support diversity, promote safe, positive, inclusive, welcoming work environments that invite creativity; 7. Adopt policies that establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. In order to offer employee health incentives, the City has contracted with Ceridian to launch an online City of Palo Alto Wellness portal. The portal – which was debuted at the City employee Health Fair on September 30, 2015 - is designed as a one-stop wellness resource for City employees and their families. The wellness programming includes assisting employees in taking a Health Risk Assessment, which gives employees and family members valuable information about their own state of health and that provides follow up programs targeted to the individual situation, like smoking cessation, starting a physical exercise program, and personal coaching by a certified health coach. Offerings through Ceridian include nutrition seminars, exercise and relaxation/meditation courses on-site, and health team challenge participation. The City predicts that the Wellness program will reduce turnover rates and generate savings through decreased absenteeism and reduced medical costs. Ceridian will provide annual data analysis and participation tracking reports over the year and the HR department will monitor turnover, absenteeism and injury rates to track improvement. The Health & Wellness Committee is comprised of driven and positive employees from around the City Departments who are passionate about healthy living in and out of the office. Committee members will share responsibilities with a group of coworkers who City of Palo Alto Page 6 also demonstrate the energy, enthusiasm, and creativity to get people excited about adopting a healthier lifestyle. Timeline It is anticipated that the Healthy City Healthy Community stakeholder group will continute to meet as needed to advance the objectives in the resolution. While this remains a priority of the Council, staff will report annually on progress: including steps taken to implement the Resolution, additional steps planned, and any desired actions that would need to be taken by Council. Resource Impact CSD is the lead department, as health and wellness of the community is already a core focus for the department. CSD will track the implementation of the resoultion goals and objectives. No additional General Fund resources are requested at this time. Any additional budgetary requests will be evaluated as part of the annual budget process. Policy Implications The Comprehensive Plan currently includes a variety of policies and programs that support the Healthy Cities, Healthy Communities Resolution. As Council, the Comprehensive Plan Citizen Advisory Committee and staff work on updating the Comprehensive Plan and policies and prgrams related to health and wellness, to deepen the City’s commitment, may be considered. Attachments: Attachment A: 0140143 Resolution Healthy City Healthy State (PDF) Attachment B: Healthy Cities Stakeholder Group (XLSX) NOT YET APPROVED 1 151015 sh 0140143 Resolution No. ________ Resolution of the Council of the City of Palo Alto to Adopt Healthy Social, Cultural and Physical Environments that Promote and Support Wellbeing and Creative Expression for Ourselves, Our Families and Our Community in Support a of Healthy City/Healthy Community WHEREAS, in 1986, the World Health Organization launched Healthy Cities in Europe and the healthy communities movement takes a broad view of health and human endeavors to achieve improved health and community quality of life; and WHEREAS, the League of California cities has been leading the way, encouraging cities to embrace policies that promote healthier lifestyles and communities; and WHEREAS, the City of Palo Alto, League of California Cities and the Palo Alto community have a common interest to promote and develop a safe and healthy city; and WHEREAS, the City is a member of a global community, and benefits in numerous ways from being a diverse community; and WHEREAS, the City of Palo Alto and its community partners can work together to understand the relationship between the health of a community and the community culture, land-use policies, equitable access to healthy food and healthy workplaces; and WHEREAS, supporting the health of residents and the local work force would decrease chronic disease and health care costs while also increasing productivity; and WHEREAS, the City has been designated a Bike Friendly Community by the League of American Bicyclist with over 65.5 miles of bicycle facilities; and WHEREAS, the City benefits from an extensive urban forest with tree canopy covering 37.6% of all land and has been designated a Tree City USA by the Arbor Day Foundation; and WHEREAS, the City has supported healthy and active lifestyles through a comprehensive parks, open space, urban forest, arts and recreation system and maintains 40 miles of trails, 37 parks, 4,000 acres of open space, an 18-hole golf course, an aquatic center, 32 tennis courts and four community gardens; and WHEREAS, the City is currently updating its Comprehensive Plan which is expected to address the health and well-being of the community to the year 2030 by developing health- related goals and policies that reflect the desires of the community over a wide variety of policy areas including but not limited to promoting a pedestrian–friendly built environment that recognizes the importance of walkable neighborhoods, enhancement of the City’s robust tree canopy, and build-out of the City’s envisioned pedestrian and bicycle network; and NOT YET APPROVED 2 151015 sh 0140143 WHEREAS, economic and psychological principles have produced a substantial body of evidence that health is a consistent determinant of self-reported happiness, productivity, and positive attitudes toward one self, the community and environment; NOW, THEREFORE, LET IT BE RESOLVED that the City Council hereby recognizes its role and responsibility in partnership with the community to promote and support a Healthy City/Healthy Community for Palo Alto residents, workers and visitors and hereby the City of Palo Alto adopts this Healthy City/Healthy Community Resolution: NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Healthy Culture The City of Palo Alto in cooperation with the community is committed to building and strengthening a healthy community culture, and making every effort to: 1.Encourage engagement and connection that support a welcoming environment and focus on inclusivity and kindness; 2.Support creativity through visual, performing, and digital arts; 3.Support access to museums, galleries, and musical events; 4.Create opportunities for healthy aging and aging in place; 5.Improve access and awareness to mental health support and education; 6.Seek solutions, promote awareness and compassion for the unhoused; 7.Promote the connection between health and happiness; 8.Support an environment that recognizes the need for all populations to have access to healthy lifestyles and adopt strategies to remedy inequities; 9.Promote and provide opportunities for social interaction; 10.Support youth development through a connection to the arts, educational opportunities, and recreational programs, and through service. SECTION 2. Healthy Environment The City of Palo Alto is dedicated to the design and construction of parks, neighborhoods, streets, and business areas that make every effort to: 1.Ensure the Comprehensive Plan and zoning ordinances increase opportunities for walking, biking and other forms of physical activity; 2.Enact laws and regulations that preserve clean air and water; 3.Prioritize capital improvement projects that increase opportunities for health and wellbeing; 4.Support, protect and connect us to our natural environment and cultural resources; 5.Address walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources and retail, and improve multi-modal transit; 6.Expand community access to indoor and outdoor public facilities through joint use agreements with schools and other partners; 7.Incorporate people-friendly design into buildings and spaces such as human scale, tree-shaded pedestrian passageways, gathering places, that demonstrate favorable impacts on resident and employee health and quality of life; NOT YET APPROVED 3 151015 sh 0140143 8.Examine racial, ethnic, socio-economic, and geographic disparities in access to healthy foods, physical activity facilities, tree canopy cover or resources and adopt strategies to remedy these inequities. SECTION 3. Healthy Food Access The City of Palo Alto in cooperation with public and private entities is committed to healthy food access, and making every effort to: 1.Facilitate the siting of affordable grocery stores and promote community participation in community gardens and farmers markets to increase access to healthy food, including fresh fruits and vegetables; 2.Seek opportunities for increased access to healthy foods, including prioritizing affordable healthy food retail in development policies, proposals and projects; 3.Include health and wellbeing goals and policies related to access to healthy food in the Comprehensive Plan update. SECTION 4. Healthy Workplace In order to promote wellness within the City of Palo Alto, and to set an example for other employers, City of Palo Alto pledges to adopt and implement an employee wellness policy that will: 1.Offer employee health incentives for healthy eating and physical activity; 2.Encourage walking to meetings and use of stairways; 3.Support emotional and mental wellbeing; 4.Set nutrition standards for vending machines located in city-owned or leased locations, and for food offered at city events, city-sponsored meetings, served at city facilities and city concessions, and city programs; 5.Accommodate breastfeeding employees upon their return to work; 6.Adopt ethics standards; and adopt policies that support diversity, promote safe, positive, inclusive, welcoming work environments that invite creativity; 7.Adopt policies that establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. // // // // // // // NOT YET APPROVED 4 151015 sh 0140143 SECTION 5. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ City Attorney City Manager ATTACHMENT B Name Title / Affiliation City of Palo Alto Dang, Helen HR- Health and Wellness Specialist DeGeus, Rob CSD-Director Holman, Karen Mayor Keene, Jim City Manager Kienzle, Karen Director at Palo Alto Art Center Keith, Claudia Chief Communications Officer Kortsen, Lacee City Staff Teens Lait , Jonathon Planning & Community Environment-Assistant Director Nickel, Eric Fire Chief Peterson, Lon Communications Manager Price, Gail Past Councilmember Roderick, Kim Fire-Emergency Medical Service Director for Shen, Kathy Chief People Officer Struve, Kirsten P/W-Manager Environmental Control Program van der Zwaag, Minka CSD-Manager Human Services Stanford Choi, Enoch University Affiliate Coe, Andy Stanford Health Care Hughes, Karin BeWell Program Coordinator Joshi , Dr. Shashank V Stanford School of Medicine Kelley, John Stanford Continuing Studies Luskin, Fred Forgiveness/Stanford Purpur, Patty Stanford Health Care Other Organizations Andonian, Amy Avenidas CEO Billman, Dawn Chamber of Commerce Ericksen, Leif Youth Community Service Glanckopf, Annette Peninsula Stroke Association Lenoir, Linda Palo Alto Unified School District-District Nurse Markevitch, Pat Parks and Recreation Commission V. Chair Martineau, Catherine Canopy ED McGee, Max Palo Alto Unified School District Miller, Jay Rabbi and executive director of the Peninsula Clergy Network O'Nan, Jill Human Relations Commission Chair Pittman, Lakiba Reckdahl, Keith Parks and Recreation Commission V. Chair Sager, Sherry Chief Govt. Relations Officer-Lucile Packard Children’s Hospital Savage, Daryl Palo Alto Weekly Savage, Jacob Concern Slater, Sandra Palo Alto Forward/Director of Cool City Challenge Uang, Elaine Palo Alto Forward All are welcome to join the Healthy Cities Stakeholder Group meetings. Below is a list initial invitees many of whom continue to participate ATTACHMENT C 1 HEALTHY EATING ACTIVE LIVING CITY RESOLUTION Cities and their residents face increased health care costs and diminished quality of life due to the epidemic of obesity and overweight. City leaders across California are addressing the crisis by implementing land use and employee policies which encourage physical activity and nutritious eating. League of California Cities led the way with a resolution in 2004 which encouraged cities to embrace policies that promote healthier lifestyles and communities. Two years later, the League adopted a resolution to work together with the Institute for Local Government, and the Cities Counties and Schools Partnership to develop a clearinghouse of information that cities can use to promote wellness policies and healthier cities. The Healthy Eating Active Living Cities Campaign grew out of these resolutions and is a partnership of the California Center for Public Health Advocacy and the League of California Cities. The following draft resolution is written to provide a menu of potential HEAL Cities Campaign policies. All California cities which adopt policies encouraging physical activity and good nutrition are eligible to be a Healthy Eating Active Living City and upon review and approval, become eligible for public relations and marketing resources including use of the HEAL Cities logo. Please contact the campaign and share your adopted resolution and supporting policies. www.healcitiescampaign.org PURPOSE AND INTRODUCTION Cities are encouraged to modify the resolution based on local conditions and to the policy actions suitable for their city at this time. ATTACHMENT C 2 WHEREAS, in 2004, the League of California Cities adopted an Annual Conference resolution to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition and adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise; and WHEREAS, the League of California Cities has a strategic goal to promote and develop safe and healthy cities; and WHEREAS, in July 2010 the League of California Board of Directors resolved to partner with and support the national Let’s Move Campaign, and encourages California cities to adopt preventative measures to fight obesity; and WHEREAS, on November 18, 2011, the League of CA Cities Board of Directors unanimously voted to encourage 100% board participation in the HEAL Cities Campaign; and WHEREAS, more than half of California’s adults are overweight or obese and therefore at risk for many chronic conditions including diabetes, heart disease, cancer, arthritis, stroke, and, hypertension; and WHEREAS, one in four youth between the ages of 9 and 16 in California is overweight.<Enter local data available at http://www.publichealthadvocacy.org/growingepidemic.html> WHEREAS, more children are being diagnosed with diseases linked to overweight and obesity previously seen only in adults, such as Type 2 diabetes and heart disease; and WHEREAS, the current generation of children are expected to have shorter lives than their parents due to the consequences of obesity; and WHEREAS, obesity takes a tremendous toll on the health, productivity of all Californians; WHEREAS, the annual cost to California—in medical bills, workers compensation and lost productivity— for overweight, obesity, and physical inactivity exceeds $41billion; WHEREAS, teens and adults who consume one or more sodas or sugar sweetened beverages per day are more likely to be overweight or obese; WHEREAS, by supporting the health of residents and the local workforce would decrease chronic disease and health care costs and increase productivity; and PREAMBLE/WHEREAS CLAUSES A draft resolution based on this model should include a preamble that contains “findings” of fact that support the need for the city to pass the resolution. The preamble contains information supporting the need for the resolution – in this case documenting the need for obesity prevention strategies. Some possible findings are listed as “Whereas” clauses below. Cities may have others. RESOLUTION NO. __ SETTING FORTH [MUNICIPALITY]’S COMMITMENT TO OBESITY PREVENTION ATTACHMENT C 3 WHEREAS, <add pertinent local conditions and/or current efforts to address the obesity epidemic>; NOW, THEREFORE, LET IT BE RESOLVED that the City Council hereby recognized that obesity is a serious public health threat to the health and wellbeing of adults, children and families in [name of city]. While individual lifestyle changes are necessary, individual effort alone is insufficient to combat obesity’s rising tide. Significant societal and environmental changes are needed to support individual efforts to make healthier choices. To that end, [name of city] adopts this Healthy Eating Active Living resolution: I. Built Environment BE IT FURTHER RESOLVED that [name of city] planners, engineers, park and recreation department, community economic and redevelopment personnel responsible for the design and construction of parks, neighborhoods, streets, and business areas, should make every effort to: II. Employee Wellness BE IT FURTHER RESOLVED that in order to promote wellness within [name of city], and to set an example for other businesses, [name of city] pledges to adopt and implement an employee wellness policy that will: Select your city’s specific policy goals from among the following menu. Work with the HEAL staff to determine your stated goals: Select your city’s specific policy goals from among the following menu. Work with the HEAL staff to determine your stated goals: Prioritize capital improvements projects to increase the opportunities for physical activity; Plan and construct a built environment that encourages walking, biking and other forms of physical activity; Address walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources, and retail; Expand community access to indoor and outdoor public facilities through joint use agreements with schools and/or other partners Revise comprehensive plans and zoning ordinances to increase opportunities for physical activity wherever and whenever possible, including complete streets policies, compact, mixed-use and transit-oriented development; Include health goals and policies related to physical activity in the general plan update and specific area plans; Build incentives for development project proposals to demonstrate favorable impact on resident and employee physical activity; Examine racial, ethnic, and socio-economic disparities in access to healthy foods and physical activity facilities or resources and adopt strategies to remedy these inequities. ATTACHMENT C 4 III. Healthy Food Access BE IT FURTHER RESOLVED that [name of city] planners, community economic personnel responsible for the design and of parks, neighborhoods, streets, and business areas, should make every effort to: IV. Implementation BE IT FURTHER RESOLVED that the head of each affected agency or department should report back to the City Council annually regarding steps taken to implement the Resolution, additional steps planned, and any desired actions that would need to be taken by the city council. Select your city’s specific policy goals from among the following menu. Work with the HEAL staff to determine your stated goals: Note: cities are encouraged to tailor this clause to delegate specific implementation tasks and deadlines as appropriate. HEAL staff can assist you to determine your city’s implementation steps. Facilitate the siting of new grocery stores, community gardens and farmers markets in underserved communities to increase access to healthy food, including fresh fruits and vegetables; Revise comprehensive plans and zoning ordinances to increase opportunities for access to health foods wherever and whenever possible, including prioritizing healthy food retail in compact, mixed-use and transit-oriented development policies, proposals and projects; Include health goals and policies related to access to healthy food in the general plan update; Build incentives for development project proposals to increase access to healthy foods by residents and employees; Examine racial, ethnic, and socio-economic disparities in access to healthy foods and adopt strategies to remedy these inequities. Map existing fast food outlets and draft an ordinance that will place limits on fast food around schools and in neighborhoods with over-concentrations of unhealthy food outlets. Offer employee health incentives for healthy eating and physical activity; Establish physical activity breaks for meetings over one hour in length; Accommodate breastfeeding employees upon their return to work; Encourage walking meetings and use of stairways. Set nutrition standards for vending machines located in city owned or leased locations; Set nutrition standards for food offered at city events, city sponsored meetings, served at city facilities and city concessions, and city programs. City of Palo Alto (ID # 6196) City Council Staff Report Report Type: Action Items Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Adoption of Healthy Cities, Healthy Communities Resolution Title: Recommendation to Adopt a Healthy Cities, Healthy Communities Resolution to Define and Support the 2015 Council Priority Healthy Cities, Healthy Communities From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council adopt or forward to the Policy and Services Committee for review the Healthy Cities, Healthy Communities Resolution (Attachment A) encouraging healthy social, cultural and physical environments that promote and support health, wellbeing and creative expression for ourselves, our families and our communities. As there are significant implications to this resolution, Policy and Services review may be warranted. Background In 1986, the World Health Organization (WHO) launched Healthy Cities in Europe. WHO defines a healthy city as “a city that is continually creating and improving those physical and social environments and expanding those community resources which enable people to mutually support each other in performing all the functions of life and to develop their maximum potential.” The Healthy Communities movement takes a broad view of health and employs a cross- section of human endeavors to achieve improved health status and community quality of life. Healthy Communities initiatives are a modern illustration of what, in 1838 Alexis deTocqueville observed made America unique and prosperous: its associational life – the way citizens come together to engage in meaningful work for the benefit of community. The League of California Cities has been helping lead the way, encouraging cities to embrace policies that promote healthier lifestyles and communities. The League encourages all cities to adopt resolutions and to work together with the Institute for Local Government and other cities, counties and school districts to promote health and City of Palo Alto Page 2 wellness policies. The League efforts have focused on the campaign Healthy Eating Active Living in partnership with the California Center for Public Health Advocacy. To date, 180 California cities have passed resolutions in support of the Healthy Eating, Active Living Campaign. For more information about the League of California Cities Healthy Eating, Active Living Campaign visit www.healcitiescampaign.org. Discussion On Saturday, January 31, the City Council held its annual retreat at the new Mitchell Park Community Center to discuss and adopt its priorities for the upcoming year and selected “Healthy City, Healthy Communities,” as one of its four priorities. To respond to this new Council priority and explore some of the dimensions that the City might want to focus on, City staff invited representatives from a broad range of Palo Alto organizations, businessses, and residents who have a vested interest in promoting a healthy city and healthy community. Mayor Holman and Council Member Kniss helped kick-off this conversation. The goal was to cultivate an engaged and committed group of stakeholders early in the conversation, so that the Healthy Cities, Healthy Communities priority would garner ownership and commitment from not just the City, but also a diverse group of community partners so that we may have a significant and positive impact for years to come. That objective has taken root, and the stakeholder group has met monthly over the second and third quarters, and a roster of stakeholders is listed in Attachment B. The dialogue that took place during the first stakeholder meetings revealed a need to adopt a framework that would provide direction and structure. In researching successful models, staff learned that the League of California Cities has an active campaign on this important topic, encouraging cities to embrace policies that promote healthier lifestyles and communities. Over the summer, staff met with Kanat Tibet, Director of the League’s Healthy Eating, Active Living campaign, as well as National Director Charlotte Dicksen who made a presentation to our Healthy Cities, Healthy Communities stakeholder group. Both were very supportive of Palo Alto’s interest in adopting a resolution based on their framework and our work to craft an additional Healthy Culture element. Stakeholder conversations have lead to the request for offical endorsement of a resolution memorializing the City’s commitment to this issue. Staff and Palo Alto’s Healthy Cities, Healthy Communities stakeholder group recommend the adoption of a Resolution to join the Healthy Eating, Active Living Campaign, with an additional element specific to Palo Alto (Attachment A). As seen in Palo Alto’s Healthy City Healthy Community Resolution before Council this evening (Attachment A), there are four areas of focus. Three areas of focus are City of Palo Alto Page 3 recommended by the League of CA Cities, namely: Healthy Environment, Healthy Food Access, and Healthy Workplace, a fourth area of focus has been suggested by the stakeholder group and is titled Healthy Culture. 1. Healthy Culture addresses elements of health that support the social, emotional, and mental wellbeing of the community. A healthy culture encourages expressions of creativity, supports an environment of inclusivity and kindness, and ultimately creates the connection between health and happiness. 2. Healthy Environment includes the planning and prioritization of capital projects that increase opportunities for walking, biking and other forms of physical activity in addition to increasing the connection between residents and their natural environment (parks, playgrounds, trails, sidewalks, etc.). 3. Healthy Food Access promotes the collaboration between the City, public and private entities to increase access to healthy and affordable food options such as grocery stores, community gardens, and farmers markets. 4. Healthy Workplace is designed to enhance the quality of life among workers. In our case, we are applying this to our City employees. The well-being of the City’s workforce is critical in fulfilling the mission of the City organization. With a healthy workforce the City will be able to improve productivity, employee morale and job satisfaction. Proposed goals of the Healthy Workplace are to enhance quality of life through physical, emotional and mental health; educate employees on healthy living and ways to implement long lasting habits; improve employee productivity, retention and decrease injury rates; create awareness and self- efficacy around well-being resulting in a more efficient work environment; and promote work-life balance by decreasing stress. The draft Resolution (Attachment A) is a progressive statement of support and commitment to building a healthy City and healthy community. It takes a long-term perspective, recognizing that it will require an ongoing commitment to build and sustain policies, programs and services that contribute to a healthy city and healthy community. Palo Alto has been committed in many ways to health as defined in the Resolution, and the Resolution affirms that commitment and focus. The FY 2016 budget included $50,000 for a community public health consultant to conduct a study regarding the health risks of community members based on age, demographics, and utilization of emergency medical services among other statistics. This study has not yet begun. An additional $31,733 was budgeted for a part-time Public Fire Educator staffing to coordinate outreach programs within the community. So far this Fiscal Year, over 3,000 families and individuals received fire safety talks, station tours, AED training and hands only CPR training. This includes coordinating with 68 schools, businesses, and non-profit organizations. Moreover, to ensure a healthy City of Palo Alto Page 4 employee community within the City organization, the FY 2016 budget included $32,758 to fund a program to promote employee wellness. Funding has been used to develop and maintain an online health coaching tool to increase awareness of healthy options both at work and at home, and an hourly staff person to support for the City Employee Wellness efforts, which are described further below. While the Healthy Cities, Healthy Communities is a 2015 priority, there is recognition of limited resources among the many City programs and services. To that end staff and the stakeholder group suggest what the City in partnership with the community, will strive to accomplish for Fiscal Year 2016-2017, assuming the Council reaffirms Healthy City, Healthy Community as a goal at its 2016 Retreat. See below for the recommended Fiscal Year 2016-2017 goals: FY 2016 /17 Goals: 1. Create a welcome packet for new residents that orients individuals and families to the many health and wellness opportunities available in Palo Alto; 2. Include Healthy City/Healthy Community goals, policies and programs in the Comprehensive Plan Update; 3. Advance specific and safe Bike/Pedestrian Plan projects; 4. Implement a City of Palo Alto Employee Health and Wellness Initiative; 5. In partnership with the business community, coordinate a forum for local businesses to share and learn about workplace health and wellness best practices and encourage the adoption of similar employee health and wellness initiatives; 6. In partnership with community partners, coordinate an annual Health Fair that promotes community health and wellbeing; 7. In partnership with community partners, establish specific metrics to measure progress. Progress has already been made on several of the goals identified for FY16-17, specifically in regards to the Employee Health and Wellness Initiative and the annual Health Fair: Health Fair On Saturday, September 26, the City of Palo Alto partnered with the Palo Alto Family YMCA, Stanford Hospital, and Lucille Packard Children’s Hospital to host a Community Health Fair at Mitchell Park Community Center. Over 26 local non-profit organizations participated in the fair, offering information to attendees about the many health resources available in our community. Medical professionals from Stanford Hospital gave 30 minute seminars on a number of topics ranging from Nutrition, Preventing Injury in Children, and Heart Health followed by an opportunity to speak with the medical professionals one-on-one. The Fair also included hands-on art activities hosted by the Palo Alto Art Center, Cubberley Artist Studio Program, and The Drop Teen City of Palo Alto Page 5 Center. The City of Palo Alto’s BOOST fitness program together with the Palo Alto YMCA offered a variety of exercise demonstrations including Yoga, Tai Chi, Zumba, and Bootcamp. The planning committee estimates 500-600 people attended the event thorughout the day, a great number for a first time collaboration. City of Palo Alto Health & Wellness Initiative In FY 2016 the employee wellness goals will be implemented through a City-wide Health and Wellness Committee, which launched in September 2015. The City has hired an hourly employee to manage the Employee Wellness program, provide publicity and lead the scheduling of speakers, classes and fitness and cooking clubs. Goals for the City Health & Wellness initiative include 1. Offering employee health incentives for healthy eating and physical activity; 2. Encourage walking to meetings and use of stairways; 3. Support emotional and mental wellbeing with Yoga and meditation classes and emotional health workshops; 4. Set nutrition standards for vending machines located in city-owned or leased locations, and for food offered at city events, city-sponsored meetings, served at city facilities and city concessions, and city programs; 5. Accommodate breastfeeding employees upon their return to work; 6. Adopt policies that support diversity, promote safe, positive, inclusive, welcoming work environments that invite creativity; 7. Adopt policies that establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. In order to offer employee health incentives, the City has contracted with Ceridian to launch an online City of Palo Alto Wellness portal. The portal – which was debuted at the City employee Health Fair on September 30, 2015 - is designed as a one-stop wellness resource for City employees and their families. The wellness programming includes assisting employees in taking a Health Risk Assessment, which gives employees and family members valuable information about their own state of health and that provides follow up programs targeted to the individual situation, like smoking cessation, starting a physical exercise program, and personal coaching by a certified health coach. Offerings through Ceridian include nutrition seminars, exercise and relaxation/meditation courses on-site, and health team challenge participation. The City predicts that the Wellness program will reduce turnover rates and generate savings through decreased absenteeism and reduced medical costs. Ceridian will provide annual data analysis and participation tracking reports over the year and the HR department will monitor turnover, absenteeism and injury rates to track improvement. The Health & Wellness Committee is comprised of driven and positive employees from around the City Departments who are passionate about healthy living in and out of the office. Committee members will share responsibilities with a group of coworkers who City of Palo Alto Page 6 also demonstrate the energy, enthusiasm, and creativity to get people excited about adopting a healthier lifestyle. Timeline It is anticipated that the Healthy City Healthy Community stakeholder group will continute to meet as needed to advance the objectives in the resolution. While this remains a priority of the Council, staff will report annually on progress: including steps taken to implement the Resolution, additional steps planned, and any desired actions that would need to be taken by Council. Resource Impact CSD is the lead department, as health and wellness of the community is already a core focus for the department. CSD will track the implementation of the resoultion goals and objectives. No additional General Fund resources are requested at this time. Any additional budgetary requests will be evaluated as part of the annual budget process. Policy Implications The Comprehensive Plan currently includes a variety of policies and programs that support the Healthy Cities, Healthy Communities Resolution. As Council, the Comprehensive Plan Citizen Advisory Committee and staff work on updating the Comprehensive Plan and policies and prgrams related to health and wellness, to deepen the City’s commitment, may be considered. Attachments: Attachment A: 0140143 Resolution Healthy City Healthy State (PDF) Attachment B: Healthy Cities Stakeholder Group (XLSX) NOT YET APPROVED 1 151015 sh 0140143 Resolution No. ________ Resolution of the Council of the City of Palo Alto to Adopt Healthy Social, Cultural and Physical Environments that Promote and Support Wellbeing and Creative Expression for Ourselves, Our Families and Our Community in Support a of Healthy City/Healthy Community WHEREAS, in 1986, the World Health Organization launched Healthy Cities in Europe and the healthy communities movement takes a broad view of health and human endeavors to achieve improved health and community quality of life; and WHEREAS, the League of California cities has been leading the way, encouraging cities to embrace policies that promote healthier lifestyles and communities; and WHEREAS, the City of Palo Alto, League of California Cities and the Palo Alto community have a common interest to promote and develop a safe and healthy city; and WHEREAS, the City is a member of a global community, and benefits in numerous ways from being a diverse community; and WHEREAS, the City of Palo Alto and its community partners can work together to understand the relationship between the health of a community and the community culture, land-use policies, equitable access to healthy food and healthy workplaces; and WHEREAS, supporting the health of residents and the local work force would decrease chronic disease and health care costs while also increasing productivity; and WHEREAS, the City has been designated a Bike Friendly Community by the League of American Bicyclist with over 65.5 miles of bicycle facilities; and WHEREAS, the City benefits from an extensive urban forest with tree canopy covering 37.6% of all land and has been designated a Tree City USA by the Arbor Day Foundation; and WHEREAS, the City has supported healthy and active lifestyles through a comprehensive parks, open space, urban forest, arts and recreation system and maintains 40 miles of trails, 37 parks, 4,000 acres of open space, an 18-hole golf course, an aquatic center, 32 tennis courts and four community gardens; and WHEREAS, the City is currently updating its Comprehensive Plan which is expected to address the health and well-being of the community to the year 2030 by developing health- related goals and policies that reflect the desires of the community over a wide variety of policy areas including but not limited to promoting a pedestrian–friendly built environment that recognizes the importance of walkable neighborhoods, enhancement of the City’s robust tree canopy, and build-out of the City’s envisioned pedestrian and bicycle network; and NOT YET APPROVED 2 151015 sh 0140143 WHEREAS, economic and psychological principles have produced a substantial body of evidence that health is a consistent determinant of self-reported happiness, productivity, and positive attitudes toward one self, the community and environment; NOW, THEREFORE, LET IT BE RESOLVED that the City Council hereby recognizes its role and responsibility in partnership with the community to promote and support a Healthy City/Healthy Community for Palo Alto residents, workers and visitors and hereby the City of Palo Alto adopts this Healthy City/Healthy Community Resolution: NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Healthy Culture The City of Palo Alto in cooperation with the community is committed to building and strengthening a healthy community culture, and making every effort to: 1.Encourage engagement and connection that support a welcoming environment and focus on inclusivity and kindness; 2.Support creativity through visual, performing, and digital arts; 3.Support access to museums, galleries, and musical events; 4.Create opportunities for healthy aging and aging in place; 5.Improve access and awareness to mental health support and education; 6.Seek solutions, promote awareness and compassion for the unhoused; 7.Promote the connection between health and happiness; 8.Support an environment that recognizes the need for all populations to have access to healthy lifestyles and adopt strategies to remedy inequities; 9.Promote and provide opportunities for social interaction; 10.Support youth development through a connection to the arts, educational opportunities, and recreational programs, and through service. SECTION 2. Healthy Environment The City of Palo Alto is dedicated to the design and construction of parks, neighborhoods, streets, and business areas that make every effort to: 1.Ensure the Comprehensive Plan and zoning ordinances increase opportunities for walking, biking and other forms of physical activity; 2.Enact laws and regulations that preserve clean air and water; 3.Prioritize capital improvement projects that increase opportunities for health and wellbeing; 4.Support, protect and connect us to our natural environment and cultural resources; 5.Address walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources and retail, and improve multi-modal transit; 6.Expand community access to indoor and outdoor public facilities through joint use agreements with schools and other partners; 7.Incorporate people-friendly design into buildings and spaces such as human scale, tree-shaded pedestrian passageways, gathering places, that demonstrate favorable impacts on resident and employee health and quality of life; NOT YET APPROVED 3 151015 sh 0140143 8.Examine racial, ethnic, socio-economic, and geographic disparities in access to healthy foods, physical activity facilities, tree canopy cover or resources and adopt strategies to remedy these inequities. SECTION 3. Healthy Food Access The City of Palo Alto in cooperation with public and private entities is committed to healthy food access, and making every effort to: 1.Facilitate the siting of affordable grocery stores and promote community participation in community gardens and farmers markets to increase access to healthy food, including fresh fruits and vegetables; 2.Seek opportunities for increased access to healthy foods, including prioritizing affordable healthy food retail in development policies, proposals and projects; 3.Include health and wellbeing goals and policies related to access to healthy food in the Comprehensive Plan update. SECTION 4. Healthy Workplace In order to promote wellness within the City of Palo Alto, and to set an example for other employers, City of Palo Alto pledges to adopt and implement an employee wellness policy that will: 1.Offer employee health incentives for healthy eating and physical activity; 2.Encourage walking to meetings and use of stairways; 3.Support emotional and mental wellbeing; 4.Set nutrition standards for vending machines located in city-owned or leased locations, and for food offered at city events, city-sponsored meetings, served at city facilities and city concessions, and city programs; 5.Accommodate breastfeeding employees upon their return to work; 6.Adopt ethics standards; and adopt policies that support diversity, promote safe, positive, inclusive, welcoming work environments that invite creativity; 7.Adopt policies that establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. // // // // // // // NOT YET APPROVED 4 151015 sh 0140143 SECTION 5. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ City Attorney City Manager ATTACHMENT B Name Title / Affiliation City of Palo Alto Dang, Helen HR- Health and Wellness Specialist DeGeus, Rob CSD-Director Holman, Karen Mayor Keene, Jim City Manager Kienzle, Karen Director at Palo Alto Art Center Keith, Claudia Chief Communications Officer Kortsen, Lacee City Staff Teens Lait , Jonathon Planning & Community Environment-Assistant Director Nickel, Eric Fire Chief Peterson, Lon Communications Manager Price, Gail Past Councilmember Roderick, Kim Fire-Emergency Medical Service Director for Shen, Kathy Chief People Officer Struve, Kirsten P/W-Manager Environmental Control Program van der Zwaag, Minka CSD-Manager Human Services Stanford Choi, Enoch University Affiliate Coe, Andy Stanford Health Care Hughes, Karin BeWell Program Coordinator Joshi , Dr. Shashank V Stanford School of Medicine Kelley, John Stanford Continuing Studies Luskin, Fred Forgiveness/Stanford Purpur, Patty Stanford Health Care Other Organizations Andonian, Amy Avenidas CEO Billman, Dawn Chamber of Commerce Ericksen, Leif Youth Community Service Glanckopf, Annette Peninsula Stroke Association Lenoir, Linda Palo Alto Unified School District-District Nurse Markevitch, Pat Parks and Recreation Commission V. Chair Martineau, Catherine Canopy ED McGee, Max Palo Alto Unified School District Miller, Jay Rabbi and executive director of the Peninsula Clergy Network O'Nan, Jill Human Relations Commission Chair Pittman, Lakiba Reckdahl, Keith Parks and Recreation Commission V. Chair Sager, Sherry Chief Govt. Relations Officer-Lucile Packard Children’s Hospital Savage, Daryl Palo Alto Weekly Savage, Jacob Concern Slater, Sandra Palo Alto Forward/Director of Cool City Challenge Uang, Elaine Palo Alto Forward All are welcome to join the Healthy Cities Stakeholder Group meetings. Below is a list initial invitees many of whom continue to participate NOT YET APPROVED ATTACHMENT A 1 151015 sh 0140143 Resolution No. Resolution of the Council of the City of Palo Alto to Adopt Healthy Social, Cultural and Physical Environments Policy that Promotes and Supports Wellbeing and Creative Expression for Ourselves, Our Families and Our Community in Support a of Healthy City/Healthy Community WHEREAS, in 1986, the World Health Organization launched Healthy Cities in Europe and the healthy communities movement takes a broad view of health and human endeavors to achieve improved health and community quality of life; and WHEREAS, the League of California cities has helped lead the way, encouraging cities to embrace policies that promote healthier lifestyles and communities; and WHEREAS, the City of Palo Alto and our community share the League of California Cities’ interest to promote and develop a safe and healthy city; and WHEREAS, the City as a member of a global community benefits in numerous ways from being a diverse community; and WHEREAS, the City of Palo Alto and its community partners should work together to understand the relationship between the health of a community and the community culture, land-use policies, equitable access to healthy food, and healthy workplaces; and WHEREAS, supporting the health of residents and the local work force would decrease chronic disease and health care costs while also increasing productivity; and WHEREAS, the City has been designated a Bike Friendly Community by the League of American Bicyclist with over 65.5 miles of bicycle facilities; and WHEREAS, the City benefits from an extensive urban forest with tree canopy covering 37.6% of all land and has been designated a Tree City USA by the Arbor Day Foundation; and WHEREAS, the City has supported healthy and active lifestyles through a comprehensive parks, open space, urban forest, arts and recreation system and maintains 40 miles of trails, 37 parks, 4,000 acres of open space, an 18-hole golf course, an aquatic center, 32 tennis courts and four community gardens; and WHEREAS, the City is currently updating its Comprehensive Plan which is expected to address the health and well-being of the community to the year 2030 by developing health- related goals and policies that reflect the desires of the community over a wide variety of policy areas including but not limited to promoting a pedestrian–friendly built environment that recognizes the importance of walkable neighborhoods, enhancement of the City’s robust tree canopy, and build-out of the City’s envisioned pedestrian and bicycle network; and NOT YET APPROVED ATTACHMENT A 2 151015 sh 0140143 WHEREAS, there is a substantial body of evidence that health is a consistent determinant of self-reported happiness, productivity, and positive attitudes toward one self, the community and environment; NOW, THEREFORE, LET IT BE RESOLVED that the City Council hereby recognizes its role and responsibility in partnership with our community to promote and support a Healthy City/Healthy Community for Palo Alto residents, workers, and visitors and hereby adopts this Healthy City/Healthy Community Resolution: NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Healthy Culture The City of Palo Alto in cooperation with our community is committed to building and strengthening a healthy community culture and will strive to: 1. Encourage engagement and connection that support a welcoming environment and focus on inclusivity and kindness; 2. Support creativity through visual, performing, and digital arts; 3. Support access to museums, galleries, and musical events; 4. Create opportunities for healthy aging and aging in place; 5. Improve access and awareness to mental health support and education; 6. Seek solutions, promote awareness and compassion for the unhoused; 7. Support and improve the lives for people with different abilities, children and seniors; 8. Promote the connection between health and happiness; 9. Support an environment that recognizes the need for all populations to have access to healthy lifestyles and adopt strategies to remedy inequities; 10. Promote and provide opportunities for social interaction; 11. Support youth development through a connection to the arts, educational opportunities, and recreational programs, and through service. SECTION 2. Healthy Environment The City of Palo Alto is dedicated to the design and construction of parks, neighborhoods, streets, and business areas and will strive to: 1. Include Comprehensive Plan policies and zoning ordinances that increase opportunities for walking, biking and other forms of physical activity; 2. Enact laws and regulations that preserve clean air and water; 3. Fund capital improvement projects that increase opportunities for health and wellbeing; 4. Support, protect and connect us to our natural environment and cultural resources; 5. Enhance walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources and retail, and improve multi-modal transit; 6. Increase community access to indoor and outdoor public facilities through joint use agreements with schools and other partners; 7. Incorporate people-friendly design into buildings and spaces that respect and enhance resident and employee health and quality of life; NOT YET APPROVED ATTACHMENT A 3 151015 sh 0140143 8. Examine racial, ethnic, socio-economic, and geographic disparities in access to healthy foods, physical activity facilities, tree canopy cover and resources and explore strategies to remedy these inequities. SECTION 3. Healthy Food Access The City of Palo Alto in cooperation with public and private entities is committed to healthy food access and will strive to: 1. Support affordable grocery stores and promote community participation in community gardens and farmers markets to increase access to healthy food, including fresh fruits and vegetables; 2. Seek opportunities for increased access to healthy foods, including support for affordable healthy food retail; 3. Include health and wellbeing goals and policies related to access to healthy food in the Comprehensive Plan update. SECTION 4. Healthy Workplace In order to promote wellness within the City of Palo Alto, and to set an example for other employers, City of Palo Alto pledges to adopt and implement an employee wellness policy that will strive to: 1. Offer employee health incentives for healthy eating and physical activity; 2. Support emotional and mental wellbeing; 3. Provide healthy food and beverage options in vending machines located in city-owned or leased locations, and for food offered at city events, city- sponsored meetings, served at city facilities and city concessions, and city programs; 4. Adopt policies that support health diversity, promote safe, positive, inclusive, welcoming work environments that invite creativity; 5. Establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. // // // // // // // NOT YET APPROVED ATTACHMENT A 4 151015 sh 0140143 SECTION 5. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: City Attorney City Manager City of Palo Alto (ID # 6383) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Resolution to Amend SEIU MOA to Increase Traffic Operations Lead Salary Title: Adoption of a Resolution Amending the Memorandum of Agreement for Service Employees International Union (SEIU), Local 521 to: 1) Increase the Salary Range for the “Traffic Operations Lead” Position in the Planning and Community Environment (PCE) Department, and 2) Change the Classification Title to “Traffic Engineering Lead”; and Adoption of a Related Ordinance Amending the Table of Organization From: City Manager Lead Department: Human Resources Recommendation Staff recommends Council adopt the attached resolution amending the 2013-2015 Memorandum of Agreement for the Service Employees International Union, (SEIU) Local 521 to increase the salary of the Traffic Operations Lead (class code 575) to a higher engineering salary range. Staff also recommends Council approve an ordinance amending the Table of Organization that changes the name of the classification from “Traffic Operations Lead” to “Traffic Engineering Lead.” Discussion The salary range for the Traffic Operations Lead classification was adopted by Council on June 8, 2015. This range did not accurately reflect the minimum qualifications or duties of the position. The Planning and Community Environment Department plans to have this position lead project teams and provide significant guidance to other team members. Even though no one will directly report to the Traffic Engineering Lead, other team members include: two Project Engineers and a Senior Planner. The Chief Transportation Official (CTO) – who supervises the Traffic Engineering Lead - will also assign this individual to review the division budget and provide input as needed. City of Palo Alto Page 2 The Traffic Engineering Lead is required to possess a Bachelor’s degree in engineering, with four (4) years of traffic engineering and safety management experience. The Traffic Engineering Lead must also be registered in the State of California as a professional engineer or traffic engineer. The proposed salary is equivalent to the highest-paid engineering classification in the SEIU unit (Electric Project Engineer). The requested salary will be approximately 5.2% higher than the Project Engineer salary. Staff believes this is appropriate as the Traffic Operations Lead will be asked to provide guidance to Project Engineers. Currently, the salary for the Project Engineer classification is approximately 7.62% higher than the current Traffic OperationsLead salary, included in the Fiscal Year 2016 budget. However, the Traffic Engineering Lead is differentiated from the Project Engineer in that the Traffic Engineering Lead may perform supervisory and budget related duties. SEIU has approved changes to the job description and title as well as the salary proposed for the Traffic Engineering Lead. This position is key to the Planning and Community Environment Department’s work plan and recruitment will proceed immediately upon Council approval. Resource Impact This position is a new position added to the Planning Community Environment Department for the 2016 fiscal year. If the proposed salary range is adopted, the annual financial impact will be an increase in salary between $11,793.60 and $14,455.80 per year, depending on the salary offer based on candidate’s experience and skills. For fiscal year 2016, the Planning and Community Environment Department will use salary savings to fund the position increase. As part of the development of the Fiscal Year 2017 budget, staff will include the additional cost for the Traffic Engineer Lead position. Policy Implications The action recommended by this report is consistent with City policies requiring Council approval of employee salaries and proposed amendments outside of the budget cycle. Environmental Review This is not a project under the California Environmental Quality Act (CEQA). Attachments: Attachment A - RESO Amending SEIU Salary Schedule (PDF) Attachment B - ORD Amending Table of Organization (PDF) *NOT YET APPROVED* Attachment A 151123 jjs 0160089 1 Resolution No. ____ Resolution of the Council of the City of Palo Alto Amending Salary Schedule for the Service Employees International Union (SEIU) Local 521 The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Salary Schedule attached to the 2013-2015 SEIU Memorandum of Agreement, as adopted by Resolution No. 9527 (CMR 5813), is hereby amended as set forth in Exhibit “1”, attached hereto and incorporated herein by reference, effective with the pay period including June 8, 2015. SECTION 2. The Director of Administrative Services is authorized to implement the amended Salary Schedule as set forth in Section 1. SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ______________________________ Deputy City Attorney City Manager _____________________________ Director of Administrative Services ____________________________ Chief People Officer *NOT YET APPROVED* Attachment B 151123 jjs 0160090 1 Ordinance No. ________ Ordinance of the Council of the City of Palo Alto Amending the Table of Organization for Fiscal Year 2016 to Incorporate Classification Title and Salary Change The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. As part of its Budget Amendment Ordinance No. 5329 adopting the Fiscal Year 2016 Budget, Council adopted the Fiscal Year 2016 Table of Organization. B. As a result of subsequent Council action, a classification title and salary change is necessary to the Fiscal Year 2016 Table of Organization. This change is only needed to update the Table of Organization; funding has been identified in the Fiscal Year 2016 Adopted Budget. SECTION 2. The Table of Organization shall be amended as provided in Exhibit “1”. SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. The Council finds that adoption of this ordinance is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: ___________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ______________________________ Deputy City Attorney City Manager _____________________________ Director of Administrative Services ____________________________ Chief People Officer City of Palo Alto (ID # 5956) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: SAP Temporary Staffing Title: Approval of Seven Separate Three-Year Contracts With Bodhtree Solutions, Inc., Sierra Infosys, Inc., HPC Heck & Partner Consulting, Inc. dba: HPC America, Techlink Systems, Inc., Quintel-MC, Inc., DGN Technologies, Inc., and Khalid Salman Mohammed for SAP Professional Services in a Total Amount not to Exceed $250,000 Annually for all Seven Contracts From: City Manager Lead Department: IT Department Recommendation Staff recommends that Council approve, and authorize the City Manager or designee to execute the attached seven separate three-year contracts with Bodhtree Solutions, Inc., Sierra Infosys, Inc., HPC Heck & Partner Consulting, Inc. dba: HPC America, Techlink Systems, Inc., Quintel-MC, Inc., DGN Technologies, Inc., and Khalid Salman Mohammed for SAP Professional Services in a total amount Not to Exceed $250,000 annually for all seven contracts. Executive Summary The IT Department has increasing needs to fill specialized assignments for a short period of time, such as an SAP Functional Analyst or SAP Technical Advanced Building Application Programming (ABAP) programmer. Short-term contractor assignments provide significant flexibility to the dynamic technology needs of the City. Staff also uses SAP Professional Services contractors to cover workload and/or support staff absences. In order to avoid regular business interruptions, IT issued an RFP to seek qualified firms that can provide temporary SAP support services on an as-needed basis. Vendors chosen are: • Bodhtree Solutions, Inc. • Sierra Infosys, Inc. • HPC Heck & Partner Consulting, Inc., dba: HPC America • Techlink Systems, Inc. • Quintel-MC, Inc. City of Palo Alto Page 2 • DGN Technologies • Khalid Salman Mohammed Under these seven contracts vendors will not be guaranteed or assured of any specific quantity of work to be performed. If work is performed by any one or more consultants, the City will ensure that the aggregate total compensation to all seven vendors will not exceed $250,000 per year. Background SAP is the City’s Enterprise Resource Planning (ERP) solution providing core support services for Administrative Services Department; Utilities; People, Strategy, and Operations; and Public Works. It also provides the mechanism that people use to enter their time across all departments. SAP has been in use at the City since 2001. The City is underway with a project to determine, plan, and deploy the next generation ERP system for the City. Staff do not anticipate this new solution to be in place for several more years, so continued support for SAP is required. SAP is a highly configurable system with processes integrated via inter-linked configuration rules in the various modules. SAP requires a high degree of specialized expertise to provide effective ongoing maintenance and support. The City of Palo Alto sought proposals from qualified firms to provide professional services for provision of SAP Professional Services Application Maintenance Support. Since 2010 only one vendor (Sierra Infosys) has provided the City with SAP staff that meets IT needs. The City has leveraged Sierra’s expertise to support numerous SAP technical and functional areas. Sierra Infosys alone has not been able to fully satisfy all of SAP staffing needs. On July 1, 2010 the City entered into a three (3) year software consulting services contract with Sierra Infosys Inc. in total compensation amount of $750,000. In July 2011, to cope with the resource shortage due to staff medical leave, the City amended the contract to include additional basis system support in the amount of $84,000. On May 6th, 2013 the City extended the contract for a two (2) year period. Sierra’s existing contract will expire on Dec 31, 2015. Discussion To eliminate the dependence on just one SAP support vendor, the City issued an RFP to seek a number of qualified SAP Application maintenance support firms that can provide temporary SAP support services on an as-needed basis. The identified vendors will help in providing support and maintenance services to the following six systems: Enterprise Planning system, SAP Industry-Specific Utilities system, Customer Relationship Management system, Utilities Customer Electronic Services system, Employee and Manger Self-Service system, and Business Intelligence City of Palo Alto Page 3 systems. Summary of City Proposal Process RFP Issued: September 3, 2015 Pre-Proposal Meeting – Non-Mandatory: September 15, 2015 Deadline for questions, clarifications: September 22, 2015 Proposals Due: September 29, 2015 Proposals Received: 8 Finalist Identified: October 27, 2015 Number of Consultant Interviews/Demos: 0 Number of Vendors Selected for Contract: 7 Resource Impact The funds for the payment of these seven contracts in Fiscal Year 2016 are budgeted in the Information Technology Internal Service Fund. Funding for future years of the contract will be budgeted through the Information Technology Fund, subject to the annual appropriation of funds. Environmental Review Approval of these contracts do not constitute a project under the California Environmental Quality Act (CEQA); therefore, no Environmental Assessment is required. Attachments: Attachment A - Contracts of all Vendors for SAP Professional Services (PDF) Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16161012 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND BODHTREE SOLUTIONS, INC. FOR PROFESSIONAL SERVICES “SAP PROFESSIONAL SERVICES APPLICATION MAINTENANCE SUPPORT” This Agreement No. C16161012 is entered into on this 1st day of January, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BODHTREE SOLUTIONS, INC., a Delaware corporation, authorized to do business in California, with offices located at 5994 W. Las Positas Blvd., Suite # 480, Pleasanton, CA 94588, Telephone 916 955-8883 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to maintain its Enterprise Resource Planning Central Component System (“Project”) and desires to engage a consultant to supply temporary contractors to provide professional SAP application maintenance support in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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 described in Exhibit “A”, as one of several entities subject to a shared not-to-exceed compensation limit described more fully in Section 4. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2016 through December 31, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 3E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Krishna Chintalapathi as Vice-President to have supervisory responsibility for the performance, progress, and execution of the Services and Vijay Kiran as the project Account Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sudhir Aravindan, Information Technology Department, Enterprise Systems Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329-2466. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 5E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 6E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 7E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 8E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx 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, incorporated by reference and may be 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: x All printed materials provided by CCONSULTANT 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. x 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 Division’s office. x 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 9E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: ____________________________City Manager APPROVED AS TO FORM: __________________________ City Attorney or Designee CONSULTANT: BODHTREE SOLUTIONS, INC. By:___________________________ Name: Krishna Chintalapathi Title: Vice President Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” ON CALL TASK ORDER (SAMPLE) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E” IT SECURITY REQUIREMENTS 1) City’s Information Privacy Policy 2) City’s Security and Privacy Terms and Conditions DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx EXHIBIT “A” SCOPE OF SERVICES BACKGROUND The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support Consultant Services. The “City” sought application support services for its SAP ECC 6.0 - Enterprise Resource Planning Central Component System, ISU - Industry Solution for Public Sector, ISU/CCS-Industry Solution Utilities Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES - Utilities Customers eServices UCES Systems and Business Intelligence (BI) System. The most recent ECC 6.0 was upgraded in July 2008, ISU/CCS was implemented in May 2009, and BI was implemented in October 2009. The “City” is currently running the following SAP release versions: ECC 6.0: FI, FM, FA, CO, PS, PM, BCS, MM, HCM, PY (US), ESS/MSS, SD, WM ISU - Industry Solution for Public Sector ISU/CCS-Industry Solution Utilities Customer Care and Service System ISU CCS 6.0: BM,CS,DM and FICA CRM 6.0: ICweb UCES 6.0 BI 7.0 SCOPE OF SERVICES The vendor (CONSULTANT) is to provide 2nd level of SAP Support and Maintenance Consulting Services for configuration changes, master data setup, process design, system analysis, and integration for the following modules. Detail task will be scheduled and assigned by functional lead and SAP Enterprise Systems Manager on as-needed basis not to exceed allocated hours. Billing will be based on time and materials. Vendor must pre-screen all proposed candidates and perform reference checks in advance. (Please provide candidate pre-screening process). Vendor must perform a technical assessment for all proposed candidates in advance. (Please provide what the technical assessment consists of). Vendor must process all fingerprinting and confirm clearance for all proposed candidates in advance. This support would be in line with, but not limited to the following job descriptions: DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx AREAS OF FOCUS Areas of Business Operation where support and maintenance consulting is imperative to sustain business continuity, to improve efficiency and fine tune process. The Consultant facilitates the implementation and support of SAP modules to enhance the clients’ business functionality and overall performance, while maintaining a high degree of customer satisfaction. • SAP ABAP/4 - Technical x Perform code review and single point of contact for all ABAP developments. x Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs,Interface Programming, BDC, Workflow and Data Conversions. x Ability to help resolve complex technical issues and independently manage Critical/complex situations. • SAP FI, CO, MM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. x Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems x Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. • SAP HCM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. x Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory x Ability to analyze problems and provide clear recommendations • SAP Workflow x Provide expertise in analyzing the business approval matrix and map the solution to the workflow developed objects. x Experience in maintaining assignments to SAP relational objects along with the development of workflow tasks. x Possess a strong understanding of the configuring of log events, the linking of change documents to events, the definition of reports for workflow, perform work item DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx analysis, and be able to perform configuration relating to workflow outlook box and task analysis. • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance x Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. x Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. x Creating Users for Web UI and integration between ECC and CRM. • BI - Business Intelligence Support and Maintenance x Redesigning BI Landscape to improve loading and Query performance x Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system x Creating custom reports and workbooks using BEx Analyzer x Experience with developing data flows using APDs • IS – Utilities CCS x IS-U CCS DM-Device Management Support and Maintenance Device and installation Meter reading optimization and fine tuning, including meter reading unit and scheduling, implausible reading results setting and estimate read activation x IS-U CCS BM-Billing Management Support and Maintenance Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer consolidated Billing for Deregulated transactions Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial Preparing specification for Print workbench requirement for custom specific application form, to display unbundled billing with Power, Water and Sewer contracts and Rate information. x IS-U CCS FICA-Contract account Support and Maintenance Configuring New Dunning Procedures and Dunning Levels with Dunning Activities Creating functional specifications for Reset Clearing, Payments, Dunning, Security Deposits, Automatic Clearing, and Clearing rules x IS-U CCS CS-Customer Service Support and Maintenance Owner Allocation Move-in and Move-out Disconnect/Reconnect x IS-U CCS WM-Work Management Support and Maintenance Service Notifications • UCES - Support and Maintenance x Sustaining UCES Utility Customer E-Service • ERP- Core Support and Maintenance Consulting x Planning production support activities for ERP Core activities DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 14 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx x Identify change management opportunities and implement organizational solutions involving functional department efficiency improvement and workload balancing • SAP Basis Consulting x SAP Solution Management evaluation and implementation x SAP Enterprise portal architecture • SAP Data Base Administration Services x Perform database restores or re-organization as required x Create/refresh development/test/QA databases from production data as required x New database and tool implementation and configuration as required x Develop database backup scripts and processes as required x Perform database Initiation Parameter modifications as required x Perform database upgrades and patches as required x Data integrity and corrections as required x Problem identification of data integrity, errors, and omissions. x Database performance monitoring, analysis, and Tuning as required x New database/object creation as required x Application of schema changes, e.g. creation, alteration, and deletion of tables and indices, compilation and dropping of stored procedures and triggers, etc. as required x Establishing and maintaining database configuration and system parameters in a consistent manner across like database environments x Execution of processes for the proper maintenance and functioning of databases, e.g. updating table/index statistics, dropping and rebuilding tables/indices, etc. Application Support Maintenance and Enhancement x The CONSULTANT shall provide support for troubleshooting, problem resolution, maintenance, enhancements and support pack/enhancement pack upgrade services for the following application systems: x SAP CRM Customer Relationship Management Module and ICWEB -Interactive Connection Center x SAP UCES Utility Customer E-Services Module x SAP ISU Industry Solution-Utility Modules: BM,CS,DM, FICA, WM SAP BI Business Intelligence Module x SAP ESS/MSS,FI,HCM, PY(US),SD,FM,MM,PM,WM,PS,CO,BCS, FA x The CONSULTANT shall be responsible for second-level Application support. (City will be responsible for first level support of the application). x The CONSULTANT shall maintain information for each service request, including but not limited to, problem description, start and end dates/times, actual or potential root cause(s), corrective action taken, and future action required. x The CONSULTANT shall provide support/change control application where all the work orders from City will be recorded, approved, tracked, and managed throughout the life cycle. x The CONSULTANT shall develop and provide written Support request troubleshooting procedures for the system and application environment. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx x The CONSULTANT shall work with City IT to provide monthly status reporting including, but not limited to, work orders analysis, actual hours usage, average cycle time, quality issues, and improvement recommendations. x The CONSULTANT support shall be staffed between 6:00 a.m. PST to 6:00 p.m. PST weekdays, Monday through Friday, except for City holidays. x The CONSULTANT shall provide a problem escalation process to ensure urgent problems are resolved according to Service Level Agreement x The CONSULTANT shall provide a process to record after-hours problems for next day resolution. x The CONSULTANT shall ensure that all software modifications and upgrades are deployed using the configuration management, documentation, and integration, and acceptance testing requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall provide the appropriate technical resources (at agreed upon rates) to modify or enhance applications to ensure that the software continues to support City business requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall perform application modification and upgrade activities (at agreed upon rates and travel expenses) assigned by City Employee in principle on site unless otherwise agreed to by City. x The CONSULTANT shall provide justifiable resource and timeframe estimates for software design, development, testing, and deployment of all application modifications and upgrade requests within the time frame established in the SLA. x The CONSULTANT shall begin and end each application modification and upgrade effort within the timeframe established in the SLA. x The CONSULTANT shall make software patches found at other clients available to City at no charge. x The CONSULTANT shall maintain source code version and release of software versions in accordance with City's configuration management standards during the life of the project and the warranty period. x The CONSULTANT shall provide and maintain coding standards and quality control to ensure coding readability, performance, and sustainability. x The CONSULTANT shall make proper resource arrangement to ensure support continuity during holiday seasons WORK MODEL Contract engagement with Vendor primarily is based on Labor Hour for each Approved Task Order. Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved by SAP PMO, providing supporting material such as task scope; objectives, cost estimate, resource planning, and schedule are available. CONSULTANT’s Account Executive will collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost closely. DELIVERABLES For each task order assigned, Consultant must follow CITY’s system design and development standards, to conduct the following tasks and produce deliverables: DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx x Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on as-needed basis x Prepare functional specification, technical specification, testing plan, and training material x Document configuration changes and process changes x Others: Solution comparison, gap analysis, etc. PERFORMANCE MANAGEMENT x The CONSULTANT shall develop procedures and tools for performance measurements including, but not limited to, the following: Quality of work: defect rate, re-work rate Response time Service fulfillment rate User Satisfaction ( City ) x Service Level Summary Priority Definition Response Time After Provide Solution Target Resolution Time Escalation Path Emergency • Entire organization is affected. 1 hour 1 day 1 day Resolution > 2 day • Core business process cannot be carried out. Escalation path: tbd • Security violation. Critical • Multiple users or departments are directly affected. 4 hours 1 day 3 days Resolution > 2 day • Incident has serious impact on critical tasks and no workaround is available Escalation path: tbd • Customer affected. High • System cannot function as designed or installed. 1 day 3 days Requiresresourceestimation, City's approval, prioritization and scheduling • Small group of users are directly affected. • Compliance time line is affected DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx Medium • Small number of users are affected. 5 days 2-3 weeks Requiresresource estimation, City's approval, prioritization and scheduling • Isolated incident. • Degraded performance and/or is difficult to use. Low • User requests general information, service or consultation. 5 days 4-6 weeks To be prioritized based on resourceavailability and cost • Cosmetic enhancements • Report enhancements CONSULTANT QUALIFICATION The CONSULTANT shall staff the support personnel with the following qualifications x Must have a minimum of 5-8 years of experience configuring the SAP systems with a thorough understanding of the integration required with other relevant areas/modules in SAP or otherwise. x Requires excellent communication, analytical, facilitation and negotiation skills, data/business process modeling, knowledge of competition, and industry happenings x Ability to form, lead and/or be a participant in a cross functional team x Superior level of attention to detail, time management, organization and problem solving skills with the ability to handle multiple projects and deadlines simultaneously. x Demonstrates excellent requirements gathering and quality assurance testing skills, ensuring business needs are met. x SAP certifications relevant to the position are preferred. x Utilities Industry Business knowledge WARRANTIES x The CONSULTANT warrants that all services provided under this contract shall meet all the business requirements and specifications herein for a period of ninety (90) days. x The CONSULTANT shall make fixes for problems found during the agreed upon warranty period ninety (90) days at no additional cost to City. x The CONSULTANT shall replace shall replace consultant within one week upon receiving City's written notification. Change of consultant reasons, including but not limited to x Security violation DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx x Communication deficiency x Attendance Problem x Failed to demonstrate professional Knowledge x City’s discretion END OF SCOPE DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (SAMPLE) Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task order within the time specified below. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below upon the issuance of a task order within 1 week of receipt of the notice to proceed. Task Completion From NTP 1. Continuous On-Call Services December 31, 2018 DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx EXHIBIT “C-1” HOURLY RATE SCHEDULE BODHTREE SOLUTIONS, INC. Expertise Labor Categories Regular Premium (e.g., Consultant, Tech, Hour Rate Hour Rate System Analyst, etc.) SAP ABAP/4 – Technical Principal Application Programmer $120.00 $140.00 SAP FI, CO, MM – Functional Subject Matter Expert $140.00 $160.00 SAP HCM – Functional Subject Matter Expert $140.00 $160.00 SAP Workflow Subject Matter Expert $140.00 $160.00 UT-CRM/IcWeb Subject Matter Expert $140.00 $160.00 BI - Business Intelligence Support and Maintenance Principal Application Programmer $150.00 $170.00 SAP Basis – Technical Principal Application Programmer $120.00 $140.00 SAP Data Base Administration Services Database Administrator $110.00 $130.00 SAP CRM Subject Matter Expert $140.00 $160.00 IS Utilities CCS Subject Matter Expert $140.00 $160.00 UCES – Support and Maintenance Subject Matter Expert $140.00 $ 160.00 ERP- Core Support and Maintenance Principal Application Programmer $120.00 $ 140.00 DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Bodhtree - R\Contract\Working Docs\Contract C16161012 Bodhtree Solutions Inc._Draft3.docx B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Info Release and Release Date Document Cl orma Version: e: assification: atioon P 1st 31 Ne Priva Release, Ver January, 201 eed to Know acy rsion 2.2 13 Pollicy "55"$).&/5&DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 CONTEN DOCUMENT CHANGE RE APPROVAL. DISTRIBUTIO 1.OBJE A)INTEN B)SCOP C)CONS D)EXCE E)MUNIC 2.RESP A)RESP B)RESP C)RESP D)RESP E)RESP 3.PRIVA A)OVER B)PERSO C)METH D)UTILIT E)PUBLI F)ACCE G)SECU H)DATA I)SOFTW J)FAIRA 4.CONT Privacy Policy TS CONTROLS... ECORD .......... ..................... ON ................ ECTIVE........... NT .................. E .................. SEQUENCES.... PTIONS.......... CIPAL ORDINAN PONSIBILITIES ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ACY POLICY .. RVIEW ............ ONAL INFORMA ODS OF COLLE TIES SERVICE . C DISCLOSUR SS TO PERSON RITY,CONFIDE RETENTION /I WARE AS A SE AND ACCURAT TACTS ........... y ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... NCE............... OF CITY STAF CIO AND ISM INFORMATION USERS ......... F INFORMATION F AUTHORIZATI ..................... ..................... ATION AND CH ECTION OF PER ..................... E................... NAL INFORMAT ENTIALITY AND INFORMATION RVICE (SAAS) E CREDIT TRA ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... F ................... M .................... N SECURITY ST ..................... N TECHNOLOGY ON COORDINA ..................... ..................... OICE.............. RSONAL INFOR ..................... ..................... TION ............... NON-DISCLOS RETENTION ... )OVERSIGHT .. ANSACTION ACT ..................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... TEERING COMM ...................... Y (IT) MANAGE ATION ............. ...................... ...................... ...................... RMATION ......... ...................... ...................... ...................... SURE ............. ...................... ...................... T OF 2003 (FA ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... MITTEE .......... ..................... ERS ............... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ACT) ............. ..................... InInforma ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... City of nformation Teation Security Pa 31 Janua ...................... ...................... ...................... ...................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ...................... Palo Alto chnology Services age 1 of 8 ary, 2013 ............ 2 ............ 2 ............ 2 ............ 2 ............ 3 ............ 3 ............ 3 ............ 3 ............ 3 ............ 4 ............ 4 ............ 4 ............ 4 ............ 4 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 6 ............ 6 ............ 6 ............ 6 ............ 7 ............ 7 ............ 7 ............ 8 DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 DOCUME CHANGE APPROVA DISTRIBU Privacy Policy ENT CONT Documen Location Documen Documen Contributo E RECORD Date 12-Jul-12 26-Sep-12 09-Nov-12 19-Nov-12 22-Nov-12 26-Nov-12 6-Dec-12 14-Jan-13 31-Jan-13 VAL Date 06-Dec-12 06-Dec-12 06-Dec-12 14-Jan-13 14-Jan-13 UTION Name City of Pa Providers y TROLS nt Title nt Author nt Manager ors D AuthorRaj Pat2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat Raj Pat 3 Raj Pat 3 Raj Pat Name 2 Raj Pate 2 Jonatha 2 Tom Auz 3 Grant Ko 3 InformatSteering alo Alto Emplo , Residents a Informatio City of Pa Raj Patel Raj Patel Jonathan Joe Black r Versitel 0.01tel 1.0 tel 1.5 tel 1.6 tel 1.7 tel 1.8 tel 1.92 tel 2.0 tel 2.2 el n Reichental zenne olling tion Security g Committee oyees, Servic and Businesse on Privacy Po alo Alto Webs Reichental,kwell, Grant K on ChangFirst dFirst d Update Additio Revise Revise Reiche ReviseJonath Revise Grant Revisefrom In Comm Role InformaManag Techno CIO; InTechno Assista Utilities SeniorAttorne Office Sponso Lo ce es Cit Sh olicy ite and Share Shiva SwamKolling ge Referencedraft developedraft released ed first draft f onal updates ed table of co ed followed b ental and Tom ed according han Reichenta ed according Kolling ed according nformation Se mittee ation Securityger; Informatio ology Departm nformation ology Departm ant Director, s Department r Assistant Citey; City Attorn or ocation ty of Palo Alto harePoint InInforma ePoint minathan, Tom eedfor review for review as identified ontent y review from m Auzenne to commentsal to comments to recommenecurity Steeri Com yon ment Appr ment Appr t Appr tyney’s Appr Appr o Website an City of nformation Teation Security Pa 31 Janua m Auzenne, m Jonathan s from s from ndations ng mments roved roved roved roved roved d Palo Alto chnology Services age 2 of 8 ary, 2013 DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 1.O The C Paloprovi approfinan businlocal indus1798 somebusin Califoto en Protebusin provi“Pers “Infoin thi A) I The C persoof me persotheC and spolic Infor The g all ussecu and scomp B) S The requinform confo C) C The Ctheir Privacy Policy Objective City of Palo A Alto. In promisions of the C opriate measncial) informat ness as a locaauthorities a stry best prac8.24, 1798.79 e of these proness in a man ornia laws. Thnsure the ong ected Critical ness with the ide services. sonally Identif rmation”) are s Policy by re INTENT City, acting in ons who do beans, includin ons accessingCity’s staff and security of theies, rules, reg mation is coll goals and obj sers having arity of databa security of thepliance with le SCOPE Policy will gu ired to protecmation data a orm their perf CONSEQUENCE City’s employwork implicat y e Alto (the “City” moting the quaCalifornia Pub ures to safegtion of person al governmennd reflected i ctices, includin.8(b), 1798.80 ovisions do nonner which pr he objective ooing protectio InfrastructureCity and rece The terms “Pfiable Informa defined in theeference. n its governme business with ng, without lim g the City’s wd/or authorize e Information gulations and ected, stored jectives of the ccess to the Case informatio e Information egal and regu ide the City’s ct the confidenare intended t formances to ES yees shall comtes access to ”) strives to p ality of life of tblic Records A uard the secuns, collected in nt agency. Thn federal and ng, without lim0(e), 1798.81 ot apply to locomotes the p of this Policy ion of the Pers e Informationaeiving service Personal Inforation” and “Pe e California C ental and pro or receive semitation, from website, and ped third-party collected by procedures, and utilized i e Policy are: ( City’s applicaon assets own provided to tulatory require staff and, ind ntiality and prto be covered the Policy sh mply with the the Informati romote and s these personsAct, California urity and privan the ordinary ese measured California law mitation, the p.5, 1798.82(e cal governmerivacy of pers is to describesonal Informa and Personales from the Ci rmation,” “Proersonally Iden Civil Code sec prietary capa ervices from thpersons appl persons who acontractors. T the City. The and industry in compliance (a) a safe, pro tions and datned by, or ent he City’s staffements. directly, third p ivacy of the Ind by the Policy ould they enj Policy in the ion referred to sustain a supe s, it is the pola Governmen acy of the pery course and es are generaws, the City’s provisions of Ce), 1798.83(e nt agencies lisonal informa e the City’s daation, Persona ly Identifying ity or a third p otected Criticantifying Inform ctions, referre acities, collect he City. The Ilying to receiv access other The City is co City acknowbest practice e with applica oductive, and tabases; (b) thtrusted to, the ff and third pa party contract nformation ofy and which w oy conditiona execution of o in this Polic InInforma erior quality o icy of the Citynt Code §§ 62 rsonal (includscope of con lly observed bs rules and re California Cive)(7), and 179 ike the City, tation, as reflec ata security goally Identifiabl Information oparty under co al Infrastructumation” (collec ed to above, a ts the Informa Information isve services p information pommitted to p ledges federaes are dedicat able laws. inoffensive w he appropriate City; (c) the arty contractor tors, which ar f the persons will be advised al access to th their official dcy. A failure to City of nformation Teation Security Pa 31 Janua of life for perso y, consistent w250 – 6270, to ding, without lnducting the C by federal, stagulations, an vil Code §§ 1798.92(c). Thou the City will cocted in federa oals and objele Information of persons doontract to the ure Informatioctively, the and are incorp ation pertainin s collected by rovided by th portals maintaprotecting the al and Califorted to ensurin work environm te maintenanccontrolled ac rs; and (d) fai re by contract whose persod by City staf hat informatio duties to the eo comply may Palo Alto chnology Services age 3 of 8 ary, 2013 ons in with the o take imitation,City’s ate and d 798.3(a),ugh onduct al and ectives, n, oingCity to on”, porated ng to a variety e City, ained by privacy nia laws, ng the ment for ce and ccess ithful t onalff to on. extenty result in DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 empl D)E In the Policexce “ISMasm accoform storawillc the reandh by th E)M This 2. RE A)R The Ccoord The Cpartyperfo Theand tin derespoinciddepaNon-inclu B)R Thedrawfor ainitiaplann addre Privacy Policy loyment and/o EXCEPTIONS e event that a cy, the employption request ”). The emplmay be reques ordance with gby the City A age, access, rconsult with th equest, the ehis or her sup he CIO, acting MUNICIPAL OR Policy will su SPONSIB RESPONSIBILIT CIO, acting bdinate the imp City’s employy contractors ormance of th ISM will be rethe effectivenetailed, auditaonsible for theents that arisartment-specif-Disclosure Ading, without RESPONSIBILIT Information Swn from the vall information tives and actining processe essed at the a y or legal conse a City employ yee may requt will be review oyee, with thested by the IS guidelines appAttorney. The P retention, usahe CIO to app xception requpervisor. The g by the ISM. RDINANCE persede any BILITIES O TY OF CIO AND y the ISM, wiplementation yees, in particunder contraceir job respon esponsible forness of the Poble technical e City’s IT enve in regard tofic policies angreements (Nlimitation, loc TY OF INFORMA Security Steerarious City desecurity efforivities. The ISes to ensure t appropriate C equences. ee cannot ful est an excepwed and adm e approval of M. The ISM w proved by thePolicy’s guide age, and proteprove or deny uest dispositioapproval of a City policy, ru OF CITY S D ISM ll establish anof information cular, softwarect to the City tnsibilities. r: (a) developolicy; (c) the drequirementsvironments; (o potential viond proceduresNDAs) signedcal or ‘cloud-b ATION SECURI ring Committepartments, wrts, including SSC will providthat informatio City departme ly comply with tion by submministered by t his or her suwill conduct a e City’s Chief elines will incl ection of the Ithe exception on will be comny request m ule, regulation STAFF n information n security me e application to provide ser ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third partybased’ softwa TY STEERING ee (the “ISSCwill provide thekey informatiode input to thon security ris nt level. h one or more itting Securitythe City’s Info pervisor, will a risk assessm Information Olude at a mini nformation idn request. Af mmunicated, imay be subjec n or procedur security maneasures by the users and darvices, shall b ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purvy contractorsare services to COMMITTEE ”), which is coe primary direon security ane informationsks are adequ InInforma e element(s) y Exception Rormation Secu provide any ament of the re Officer (“CIO”imum: purpos dentified in thefter due cons in writing, to tct to counterm re regarding i nagement frame City’s gove atabase usersby guided by cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po, which will pro the City. omprised of tection, prioritiznd privacy risn security anduately consid City of nformation Teation Security Pa 31 Janua described in Request.Theurity Manager additional infoquested exce ) and approvese, source, co e request. Theideration is gi the City emplomeasures esta nformation pr mework to initrnment. s, and, indirecthis Policy in ng compliancwill manifest ted by the persg security andapprovingolicy; and (f) rrovide service he City’s empzation and apsks, programs privacy stratered, assess Palo Alto chnology Services age 4 of 8 ary, 2013 this r (the ormation eption in ed as to ollection, e ISM iven to oyeeablished rivacy. tiate and ctly, third the ce with he Policy sons d privacy reviewing es, ployees,pprovals,tegiced and DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 C) R All auproce D) R The C City’scomp intern E)R The(NDA the Sexec controbjec by thoccu The Cappro 3. PR A) O TheInforby,ocontractivother The totherdesiginformcompmainconfithird B) P Exce doingpersoas a Privacy Policy RESPONSIBILIT uthorized useesses and tec RESPONSIBILIT City’s IT Man s networks, wpliance with th nal reporting RESPONSIBILIT ISM will ensuA), whenever Software as a cuted prior to t ractors. The Cctives, policie he ISM at planrred. CIO, acting bopriate, comm IVACY PO OVERVIEW Policy appliesmation of peror entrusted toractors underities include, r networks, sy term “informar related orgagned, implemmation assetspromise, and ntain informatidentiality, inteparties. PERSONAL INF ept as permitte g business wion has conselocal governm y TY OF USERS ers of the Infochnologies wi TY OF INFORMA agers, who a will be responshe City’s infor of events that TY OF AUTHOR ure that the Ciaccess to the Service (Saathe sharing of City’s approacs, processes nned intervals y the ISM, wimencing from OLICY s to activities rsons doing bo, the City andcontract to thwithout limitaystems, or de ation assets” aanizations whiented, and ms. The City’s sinappropriateion managemegrity, and av FORMATION AN ed or provide ith the City, oented to the Cment agency rmation will bithin the scop ATION TECHNO re responsibl sible for confirmation secur t may have co RIZATION COOR ity’s employeee Information aS) Security af the Informat ch to managin, and procedu s, or wheneve ll review and the date of it that involve tusiness with td will be madhe City to proation, accessinevices. also includes ile those assemaintained to estaff will act toe disclosure oment systems,vailability of its ND CHOICE d by applicab r receiving seCity’s sharing owith third par be responsiblee of responsi OLOGY (IT) MA e for internal, guring, maintrity and privac ompromised RDINATION es secure thewill be grante and Privacy Ttion of person ng informationures for inform er significant c recommend ts adoption. he use of thethe City or ree available tovide Softwareng the Interne the personal ets are under ensure that oo protect its inor alteration. T networks ans information ble laws, the C ervices from thof such informrties under co e for complyinibility of each ANAGERS , external, dir taining and secy policies. T network, syst e execution ofed to third par Terms and Cons covered by n security andmation securit changes to se changes to th e City’s informceiving servico the City’s eme as a Serviceet, using e-ma information othe City’s connly authorizenformation asThe City will pnd processes assets to the City will not sh he City, in viomation duringontract to the C InInforma ng with informuser. rect and indire ecuring the Chey are also tem or data s f Non-Disclosrty contractor onditions.Any this Policy w d its implemety) will be rev ecurity implem he Policy ann mation assets,ces from the Cmployees ande consulting sail, accessing of the City’s entrol. Securitd persons wilssets from theplan, design, in order to ase City’s emplo hare the Infor olation of this the conduct City to provid City of nformation Teation Security Pa 31 Janua mation privacy ect connection City’s IT networesponsible fo ecurity. sure Agreemers, in conjunct NDA must bewith third party entation (i.e. viewed indepe mentation hav nually, or as namely, the City, which ard third party services. Theg the City’s int employees anty measures wll enjoy acceseft, damage, limplement anssure the appoyees and aut rmation of any Policy, unlesof the City’s be services. Palo Alto chnology Services age 5 of 8 ary, 2013 y ns to the orks in or timely entstion with ey endently ve re owned setranet or nd any will be ss to the oss,ndropriate thorized y person ss that business DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 C) M The Ccolle businmay and wforma The Csite m City wthe In the bInter the ucomp theiron hi sites D) U In theDepa custoUtiliti applyother with Busin havemont residand/o the s Busin coveInfor E)P The couldunles F)A The C acceaffec Privacy Policy METHODS OF C City may gathction of such ness as a locabe gathered with other tecation in order City’s staff wimay use “coo will note that nternet Protoc browser softwnet address o user’s computpromise the u computers byis or her com . UTILITIES SERV e provision ofartment (“CPA omers. To theies Rules and y; provided, hrwise directed other City dep nesses and re e secure accethly utility usa dents with nonor billing data standard mon nesses and re red by the samation under PUBLIC DISCLO Information th d be incorporass such inform ACCESS TO PE City will take ss to that percted persons w y COLLECTION O her the Informinformation is al governmenat service win chnologies, whr to secure the ll inform the pkies” to custo a cookie contcol address o ware and operof the website ter by using thuser’s privacy y using any oputer, it will n VICE f utility serviceAU”) will colle e extent the md Regulations however, any d or approved partments ex esidents with ss through a age and billing n-standard or a provided to t thly billing. esidents with ame privacy pr applicable fe OSURE hat is collecte ated in a publmation is exem ERSONAL INFO reasonable s rson’s Informawho can revie OF PERSONAL mation from a s both necess nt agency in itndows and co herever the Ce City’s servic persons whosomize the brow tains unique iof the compute ating systemse from which t he City’s webor security. U of the widely aot prevent or es to personsect the Informa management or other ordi such Rules ad by the Coun cept as may b standard utili CPAU websig data. In add experimentathem through such non-sta rotections anederal and Ca ed by the City lic record thatmpt from disc ORMATION teps to verify ation. Each Cew and updat INFORMATION variety of sousary and appr ts governmenontact centers City may interaces. se Informationwsing experie information ther used to ac s used, the dathe user linke site do not cUsers can refu available methprohibit the u s located withiation in order of that informnances, rules and Regulationcil. This inclu be required b ity meters and te to their Infodition to their r l electric, wat non-City elec andard or exp d personal inalifornia laws. in the ordina t may be subjclosure to the a person’s id City departmente that informa urces and resropriate in ord ntal and proprs as well as a act with perso n are coveredence with the hat a web siteccess the City ate and time ed to the City’s contain the Infuse the cooki hods. If the ususer from gain in Palo Alto, tr to initiate an mation is not ss, regulations ns must confudes the shar by law. d/or having n ormation, inclregular month ter or natural ctronic portal perimental me nformation exc ry course and ject to inspecpublic by Ca dentity before nt that collectation at reaso InInforma sources, provder for the Cit rietary capaciat web sites, b ons who need d by this Police City of Palo A e can use to try’s web sites, a user accesss web sites. C formation, andies or delete t ser chooses nning access t the City of Pad manage uti specifically ad or procedure form to this Poring of CPAU- on-metered m luding, withouhly utilities bil gas meters ms at different etering will ha change rules d scope of co ction and copyalifornia law. e the City will g ts Informationonable times. City of nformation Teation Security Pa 31 Janua ided that the ty to conduct ties. That infby mobile app d to share suc cy that the CitAlto web site rack, among othe identificat sed the site, aCookies creat d thus do notthe cookie file not to accept to or using the alo Alto Utilitieility services t ddressed in thes, this Policy olicy, unless -collected Info monthly servic ut limitation, thling, business may have theiintervals than ave their Inform applicable to onducting its b ying by the pu grant anyone n will afford ac Palo Alto chnology Services age 6 of 8 ary, 2013 formation plications, ch ty’s web . The others,tion of and the ted on tes from a cookie e City’s esto hey will ormation ces will heirses and ir usage n with mation o business ublic, e online ccess to DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 G) S Exceperso partiereaso perso The C Inforinsta such If the occubreac date(and t H) D The C periodestr I)S The C servi In ord thosetheS proviservi confi Theswhic serviinclu moniterm comp Priorservi evenrequ prom J)F CPAmana Privacy Policy SECURITY,CO ept as otherwions covered b es without theonable contro ons covered b City may auth mation of pernces, the City Information o e City become rred, with resch in accorda (s) of the knowthe proposed DATA RETENTI City will store od is establishruction. SOFTWARE AS City may eng ces, common der to assure e who receiveSaaS services ider, shall desces and/or fu dentiality and se requiremenh the services ces provider’ding disaster itoring service“IT infrastruc puters, and da r to entering inces provider nt that the Saairements duri mptly inform th FAIR AND ACC U will requireage utility ser y NFIDENTIALITY ise provided bby this Policy e express writols that are de by this Policy horize the City rsons who do y will require only in further es aware of a spect to the Inance with app wn or suspecaction to be ION /INFORMA e and secure a hed by law, fo A SERVICE (S age third part nly known as the privacy a ed services fros provider and sign, install, purnishes good d privacy of th nts include infs are provided s operations recovery and es to ensure acture” refers to atabase man nto an agreemto complete a aS services png the course he ISM. URATE CREDIT utility customrvices to them Y AND NON-DIS by applicable as confidenti tten consent oesigned to pro . y’s employee business withthe City’s em rance of City- breach, or ha nformation of licable laws. cted breach, ttaken or the r ATION RETENTI all Information or seven (7) ye SAAS) OVERSI ty contractors Software-as- and security o om the City, ad its subcontr provide, and mds to the City, he Information formation secd to the City, and maintenad business co a secure and o the integrate agement dev ment to providand submit an provider reasoe of providing T TRANSACTIO mers to providm. SCLOSURE law or this Poial and will no of the personotect the conf and or third p h the City or rployee and/o -related busin as reasonable a person, theThe notice of he nature of tresponsive ac ION n for a period ears, and the GHT s and vendors a-Service (Sa of the Informa as a conditionractors, if any maintain a secto the extent n. curity directiveincluding con ance processontinuity plann reliable envired framework vices, upon wh de services ton Information onably determ services, the ON ACT OF 200 de their Inform olicy, the Cityot disclose it, n affected. Thefidentiality and party contrac receive servicor the third pa ness and in ac e grounds to e City will notiff breach will in the Informatioction taken by d of time as m ereafter such i s to provide s aaS). ation of those n of selling goy, including an cure IT envirot any scope of es pertaining nnection to th es needed toning; and (c) t ronment and k, including, w hich digital ne o the City, theSecurity and mines that it cae City will requ 03 mation in orde InInforma y will treat theor permit it to e City will devd security of t ctors to acces ces from the Crty contractor ccordance wit believe that a fy the affectenclude the da on that is the y the City. may be require information w software appli who do busin oods and/or sny IT infrastru onment, whilef work or serv to: (a) the IT e City's IT sy o support the the IT infrastr service availawithout limitat etworks opera e City’s staff w Privacy Que annot fulfill thuire the SaaS er for the City City of nformation Teation Security Pa 31 Janua e Information oo be disclosed velop and mathe Informatio s and/or use City. In thosers to agree to th the Policy. a security bre d person of sate(s) or estim subject of the ed by law, or i will be schedu cation and da ness with the ervices to thecture service e it performs svices implicat infrastructurestems; (b) the IT environmeructure perfor ability to the Ction, data cen ate. will require theestionnaire. In e informationS services pro to initiate and Palo Alto chnology Services age 7 of 8 ary, 2013 ofd, to third aintainon of the use ach has suchmated e breach, if no led for atabase City and e City, s such tes the e, by e SaaS ent,rmance City. The ters, e SaaS n the n security ovider to d DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Information PVersion 2.2 Fede 108-credi and ipreve CPAwhen chan Ther §179 4. CO Info Chie Utili City Privacy Policy eral regulation 159), includinitor” which pro implement proent, respond U proceduresnever significa nges to CPAU e are Californ 98.92. 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The ISM w o conform to re set forth in .org> tal@CityofPal o.org org> City of nformation Teation Security Pa 31 Janua of 2003 (Publi l institution orsumer credit, unts to detect, ISM annuallywill recomme this Policy. California Ci loAlto.org> Palo Alto chnology Services age 8 of 8 ary, 2013 c Law rdevelop , y or nd vil Code DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 City of Palo AltoInformation Security Document Version:V2.5 [11/01/2012]Doc:InfoSec 110 ATTACHMENT E SOFTWARE AS A SERVICE SECURITY AND PRIVACY TERMS AND CONDITIONS This Exhibit shall be made a part of the City of Palo Alto’s Professional Services Agreement or any other contract entered into by and between the City of Palo Alto (the “City”) and Bodhtree Solutions Inc. (the “Consultant”) for the provision of Software as a Service to the City (the “Agreement”). 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 businesses, 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 Page 1 of 3 DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 City of Palo AltoInformation Security Document Version:V2.5 [11/01/2012]Doc:InfoSec 110 the City with respect to the Services to be performed under this Agreement. (b) Provide a full and complete response to the City’s Supplier Security and Privacy Assessment Questionnaire (the “Questionnaire”) to the ISM, and also report any major non-conformance to the Requirements, as and when requested. The response shall include a detailed implementation plan of required countermeasures, which the City requires the Consultant to adopt as countermeasures in the performance of the Services. In addition, as of the annual anniversary date of this Agreement the Consultant shall report to the City, in writing, any major changes to the IT infrastructure. (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=50297 (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. (f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees’ personal identity and employment status, and (2) would 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-base 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. Page 2 of 3 DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 City of Palo AltoInformation Security Document Version:V2.5 [11/01/2012]Doc:InfoSec 110 (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, 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 availability of the Services. (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. (v)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. Part B. Alternate Requirements: Page 3 of 3 DocuSign Envelope ID: 8021277D-EA5B-41D6-9345-E1B8C278B8F6 Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16161997 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SIERRA INFOSYS, INC. FOR PROFESSIONAL SERVICES “SAP PROFESSIONAL SERVICES APPLICATION MAINTENANCE SUPPORT” This Agreement No. C16161997 is entered into on this 1st day of January, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SIERRA INFOSYS, INC., a Texas corporation, authorized to do business in California, with offices located at 6001 Savoy Drive, Suite 210, Houston, TX 77036, telephone 713-742-9693 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to maintain its Enterprise Resource Planning Central Component System (“Project”) and desires to engage a consultant to supply temporary contractors to provide professional SAP application maintenance support in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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 described in Exhibit “A”, as one of several entities subject to a shared not-to-exceed compensation limit described more fully in Section 4. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2016 through December 31, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 3E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign RajMohan Pendyala as program director/ account manager to have supervisory responsibility for the performance, progress, and execution of the Services and Ramaswamy Sankaran as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sudhir Aravindan, Information Technology Department, Enterprise Systems Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329-2466. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 5E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 6E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 7E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 8E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx 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, incorporated by reference and may be 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: x All printed materials provided by CCONSULTANT 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. x 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 Division’s office. x 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 9E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: ____________________________City Manager APPROVED AS TO FORM: __________________________ City Attorney or Designee CONSULTANT: SIERRA INFOSYS, INC. By:___________________________ Name: Maya Bava Title: V.P., Operations Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” ON CALL TASK ORDER (SAMPLE) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E” IT SECURITY REQUIREMENTS 1) City’s Information Privacy Policy 2) City’s Security and Privacy Terms and Conditions DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx EXHIBIT “A” SCOPE OF SERVICES BACKGROUND The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support Consultant Services. The “City” sought application support services for its SAP ECC 6.0 - Enterprise Resource Planning Central Component System, ISU - Industry Solution for Public Sector, ISU/CCS-Industry Solution Utilities Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES - Utilities Customers eServices UCES Systems and Business Intelligence (BI) System. The most recent ECC 6.0 was upgraded in July 2008, ISU/CCS was implemented in May 2009, and BI was implemented in October 2009. The “City” is currently running the following SAP release versions: ECC 6.0: FI, FM, FA, CO, PS, PM, BCS, MM, HCM, PY (US), ESS/MSS, SD, WM ISU - Industry Solution for Public Sector ISU/CCS-Industry Solution Utilities Customer Care and Service System ISU CCS 6.0: BM,CS,DM and FICA CRM 6.0: ICweb UCES 6.0 BI 7.0 SCOPE OF SERVICES The vendor (CONSULTANT) is to provide 2nd level of SAP Support and Maintenance Consulting Services for configuration changes, master data setup, process design, system analysis, and integration for the following modules. Detail task will be scheduled and assigned by functional lead and SAP Enterprise Systems Manager on as-needed basis not to exceed allocated hours. Billing will be based on time and materials. Vendor must pre-screen all proposed candidates and perform reference checks in advance. (Please provide candidate pre-screening process). Vendor must perform a technical assessment for all proposed candidates in advance. (Please provide what the technical assessment consists of). Vendor must process all fingerprinting and confirm clearance for all proposed candidates in advance. This support would be in line with, but not limited to the following job descriptions: DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx AREAS OF FOCUS Areas of Business Operation where support and maintenance consulting is imperative to sustain business continuity, to improve efficiency and fine tune process. The Consultant facilitates the implementation and support of SAP modules to enhance the clients’ business functionality and overall performance, while maintaining a high degree of customer satisfaction. • SAP ABAP/4 - Technical x Perform code review and single point of contact for all ABAP developments. x Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs,Interface Programming, BDC, Workflow and Data Conversions. x Ability to help resolve complex technical issues and independently manage Critical/complex situations. • SAP FI, CO, MM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. x Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems x Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. • SAP HCM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. x Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory x Ability to analyze problems and provide clear recommendations • SAP Workflow x Provide expertise in analyzing the business approval matrix and map the solution to the workflow developed objects. x Experience in maintaining assignments to SAP relational objects along with the development of workflow tasks. x Possess a strong understanding of the configuring of log events, the linking of change documents to events, the definition of reports for workflow, perform work item DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx analysis, and be able to perform configuration relating to workflow outlook box and task analysis. • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance x Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. x Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. x Creating Users for Web UI and integration between ECC and CRM. • BI - Business Intelligence Support and Maintenance x Redesigning BI Landscape to improve loading and Query performance x Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system x Creating custom reports and workbooks using BEx Analyzer x Experience with developing data flows using APDs • IS – Utilities CCS x IS-U CCS DM-Device Management Support and Maintenance Device and installation Meter reading optimization and fine tuning, including meter reading unit and scheduling, implausible reading results setting and estimate read activation x IS-U CCS BM-Billing Management Support and Maintenance Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer consolidated Billing for Deregulated transactions Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial Preparing specification for Print workbench requirement for custom specific application form, to display unbundled billing with Power, Water and Sewer contracts and Rate information. x IS-U CCS FICA-Contract account Support and Maintenance Configuring New Dunning Procedures and Dunning Levels with Dunning Activities Creating functional specifications for Reset Clearing, Payments, Dunning, Security Deposits, Automatic Clearing, and Clearing rules x IS-U CCS CS-Customer Service Support and Maintenance Owner Allocation Move-in and Move-out Disconnect/Reconnect x IS-U CCS WM-Work Management Support and Maintenance Service Notifications • UCES - Support and Maintenance x Sustaining UCES Utility Customer E-Service • ERP- Core Support and Maintenance Consulting x Planning production support activities for ERP Core activities DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 14 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx x Identify change management opportunities and implement organizational solutions involving functional department efficiency improvement and workload balancing • SAP Basis Consulting x SAP Solution Management evaluation and implementation x SAP Enterprise portal architecture • SAP Data Base Administration Services x Perform database restores or re-organization as required x Create/refresh development/test/QA databases from production data as required x New database and tool implementation and configuration as required x Develop database backup scripts and processes as required x Perform database Initiation Parameter modifications as required x Perform database upgrades and patches as required x Data integrity and corrections as required x Problem identification of data integrity, errors, and omissions. x Database performance monitoring, analysis, and Tuning as required x New database/object creation as required x Application of schema changes, e.g. creation, alteration, and deletion of tables and indices, compilation and dropping of stored procedures and triggers, etc. as required x Establishing and maintaining database configuration and system parameters in a consistent manner across like database environments x Execution of processes for the proper maintenance and functioning of databases, e.g. updating table/index statistics, dropping and rebuilding tables/indices, etc. Application Support Maintenance and Enhancement x The CONSULTANT shall provide support for troubleshooting, problem resolution, maintenance, enhancements and support pack/enhancement pack upgrade services for the following application systems: x SAP CRM Customer Relationship Management Module and ICWEB -Interactive Connection Center x SAP UCES Utility Customer E-Services Module x SAP ISU Industry Solution-Utility Modules: BM,CS,DM, FICA, WM SAP BI Business Intelligence Module x SAP ESS/MSS,FI,HCM, PY(US),SD,FM,MM,PM,WM,PS,CO,BCS, FA x The CONSULTANT shall be responsible for second-level Application support. (City will be responsible for first level support of the application). x The CONSULTANT shall maintain information for each service request, including but not limited to, problem description, start and end dates/times, actual or potential root cause(s), corrective action taken, and future action required. x The CONSULTANT shall provide support/change control application where all the work orders from City will be recorded, approved, tracked, and managed throughout the life cycle. x The CONSULTANT shall develop and provide written Support request troubleshooting procedures for the system and application environment. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx x The CONSULTANT shall work with City IT to provide monthly status reporting including, but not limited to, work orders analysis, actual hours usage, average cycle time, quality issues, and improvement recommendations. x The CONSULTANT support shall be staffed between 6:00 a.m. PST to 6:00 p.m. PST weekdays, Monday through Friday, except for City holidays. x The CONSULTANT shall provide a problem escalation process to ensure urgent problems are resolved according to Service Level Agreement x The CONSULTANT shall provide a process to record after-hours problems for next day resolution. x The CONSULTANT shall ensure that all software modifications and upgrades are deployed using the configuration management, documentation, and integration, and acceptance testing requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall provide the appropriate technical resources (at agreed upon rates) to modify or enhance applications to ensure that the software continues to support City business requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall perform application modification and upgrade activities (at agreed upon rates and travel expenses) assigned by City Employee in principle on site unless otherwise agreed to by City. x The CONSULTANT shall provide justifiable resource and timeframe estimates for software design, development, testing, and deployment of all application modifications and upgrade requests within the time frame established in the SLA. x The CONSULTANT shall begin and end each application modification and upgrade effort within the timeframe established in the SLA. x The CONSULTANT shall make software patches found at other clients available to City at no charge. x The CONSULTANT shall maintain source code version and release of software versions in accordance with City's configuration management standards during the life of the project and the warranty period. x The CONSULTANT shall provide and maintain coding standards and quality control to ensure coding readability, performance, and sustainability. x The CONSULTANT shall make proper resource arrangement to ensure support continuity during holiday seasons WORK MODEL Contract engagement with Vendor primarily is based on Labor Hour for each Approved Task Order. Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved by SAP PMO, providing supporting material such as task scope; objectives, cost estimate, resource planning, and schedule are available. CONSULTANT’s Account Executive will collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost closely. DELIVERABLES For each task order assigned, Consultant must follow CITY’s system design and development standards, to conduct the following tasks and produce deliverables: DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx x Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on as-needed basis x Prepare functional specification, technical specification, testing plan, and training material x Document configuration changes and process changes x Others: Solution comparison, gap analysis, etc. PERFORMANCE MANAGEMENT x The CONSULTANT shall develop procedures and tools for performance measurements including, but not limited to, the following: Quality of work: defect rate, re-work rate Response time Service fulfillment rate User Satisfaction ( City ) x Service Level Summary Priority Definition Response Time After Provide Solution Target Resolution Time Escalation Path Emergency • Entire organization is affected. 1 hour 1 day 1 day Resolution > 2 day • Core business process cannot be carried out. Escalation path: tbd • Security violation. Critical • Multiple users or departments are directly affected. 4 hours 1 day 3 days Resolution > 2 day • Incident has serious impact on critical tasks and no workaround is available Escalation path: tbd • Customer affected. High • System cannot function as designed or installed. 1 day 3 days Requiresresourceestimation, City's approval, prioritization and scheduling • Small group of users are directly affected. • Compliance time line is affected DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx Medium • Small number of users are affected. 5 days 2-3 weeks Requiresresource estimation, City's approval, prioritization and scheduling • Isolated incident. • Degraded performance and/or is difficult to use. Low • User requests general information, service or consultation. 5 days 4-6 weeks To be prioritized based on resourceavailability and cost • Cosmetic enhancements • Report enhancements CONSULTANT QUALIFICATION The CONSULTANT shall staff the support personnel with the following qualifications x Must have a minimum of 5-8 years of experience configuring the SAP systems with a thorough understanding of the integration required with other relevant areas/modules in SAP or otherwise. x Requires excellent communication, analytical, facilitation and negotiation skills, data/business process modeling, knowledge of competition, and industry happenings x Ability to form, lead and/or be a participant in a cross functional team x Superior level of attention to detail, time management, organization and problem solving skills with the ability to handle multiple projects and deadlines simultaneously. x Demonstrates excellent requirements gathering and quality assurance testing skills, ensuring business needs are met. x SAP certifications relevant to the position are preferred. x Utilities Industry Business knowledge WARRANTIES x The CONSULTANT warrants that all services provided under this contract shall meet all the business requirements and specifications herein for a period of ninety (90) days. x The CONSULTANT shall make fixes for problems found during the agreed upon warranty period ninety (90) days at no additional cost to City. x The CONSULTANT shall replace shall replace consultant within one week upon receiving City's written notification. Change of consultant reasons, including but not limited to x Security violation DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx x Communication deficiency x Attendance Problem x Failed to demonstrate professional Knowledge x City’s discretion END OF SCOPE DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (SAMPLE) Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task order within the time specified below. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below upon the issuance of a task order within 1 week of receipt of the notice to proceed. Task Completion From NTP 1. Continuous On-Call Services December 31, 2018 DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx EXHIBIT “C-1” HOURLY RATE SCHEDULE SIERRA INFOSYS, INC. Expertise Labor Categories On-Site Regular (e.g., Consultant, Tech, U.S. Hour Rate System Analyst, etc.) SAP Project Manager SAP Project Manager $125 SAP ISU DM Support and Maintenance Sr. Consultant $145 SAP ISU BM-BILLING Support and Maintenance Sr. Consultant $145 SAP ISU FICA Support and Maintenance Sr. Consultant $145 SAP CRM & ICWEB Support and Maintenance Sr. Consultant $145 SAP UCES Support and Maintenance Sr. Consultant $145 ERP- Core Support and Maintenance FUNCTIONAL - SAP ESS/MSS,FI, HR,SD,MM,PM,WM,PS,CO,BCS,FA Consultant $125 ERP- Core Support and Maintenance TECHNICAL - ABAP, ALV, Workflow, report painter, JAVA, JSP, HTML,Web service, XML, RFC, JCO, PERSONAS, BSP architecture and development Consultant $110 ERP- Core Support and Maintenance BASIS Consulting Sr. Consultant $125 SAP FIORI Consulting Sr. Consultant $125 SAP BI / BOBJ Support and Maintenance Sr. Consultant $125 SAP HANA Consulting Sr. Consultant $165 SAP Success Factors, ARIBA, etc. Sr. Consultant $165 DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Sierra - R\Contract\Working Docs\Contract C16161997 Sierra Infosys Inc._Draft1.docx B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Info Release and Release Date Document Cl orma Version: e: assification: atioon P 1st 31 Ne Priva Release, Ver January, 201 eed to Know acy rsion 2.2 13 Pollicy "55"$).&/5&DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Information PVersion 2.2 CONTEN DOCUMENT CHANGE RE APPROVAL. DISTRIBUTIO 1.OBJE A)INTEN B)SCOP C)CONS D)EXCE E)MUNIC 2.RESP A)RESP B)RESP C)RESP D)RESP E)RESP 3.PRIVA A)OVER B)PERSO C)METH D)UTILIT E)PUBLI F)ACCE G)SECU H)DATA I)SOFTW J)FAIRA 4.CONT Privacy Policy TS CONTROLS... ECORD .......... ..................... ON ................ ECTIVE........... NT .................. E .................. SEQUENCES.... PTIONS.......... CIPAL ORDINAN PONSIBILITIES ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ACY POLICY .. RVIEW ............ ONAL INFORMA ODS OF COLLE TIES SERVICE . C DISCLOSUR SS TO PERSON RITY,CONFIDE RETENTION /I WARE AS A SE AND ACCURAT TACTS ........... y ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... NCE............... OF CITY STAF CIO AND ISM INFORMATION USERS ......... F INFORMATION F AUTHORIZATI ..................... ..................... ATION AND CH ECTION OF PER ..................... E................... NAL INFORMAT ENTIALITY AND INFORMATION RVICE (SAAS) E CREDIT TRA ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... F ................... M .................... N SECURITY ST ..................... N TECHNOLOGY ON COORDINA ..................... ..................... OICE.............. RSONAL INFOR ..................... ..................... TION ............... NON-DISCLOS RETENTION ... )OVERSIGHT .. ANSACTION ACT ..................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... TEERING COMM ...................... 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InInforma ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... City of nformation Teation Security Pa 31 Janua ...................... ...................... ...................... ...................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ...................... Palo Alto chnology Services age 1 of 8 ary, 2013 ............ 2 ............ 2 ............ 2 ............ 2 ............ 3 ............ 3 ............ 3 ............ 3 ............ 3 ............ 4 ............ 4 ............ 4 ............ 4 ............ 4 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 6 ............ 6 ............ 6 ............ 6 ............ 7 ............ 7 ............ 7 ............ 8 DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Information PVersion 2.2 DOCUME CHANGE APPROVA DISTRIBU Privacy Policy ENT CONT Documen Location Documen Documen Contributo E RECORD Date 12-Jul-12 26-Sep-12 09-Nov-12 19-Nov-12 22-Nov-12 26-Nov-12 6-Dec-12 14-Jan-13 31-Jan-13 VAL Date 06-Dec-12 06-Dec-12 06-Dec-12 14-Jan-13 14-Jan-13 UTION Name City of Pa Providers y TROLS nt Title nt Author nt Manager ors D AuthorRaj Pat2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat Raj Pat 3 Raj Pat 3 Raj Pat Name 2 Raj Pate 2 Jonatha 2 Tom Auz 3 Grant Ko 3 InformatSteering alo Alto Emplo , Residents a Informatio City of Pa Raj Patel Raj Patel Jonathan Joe Black r Versitel 0.01tel 1.0 tel 1.5 tel 1.6 tel 1.7 tel 1.8 tel 1.92 tel 2.0 tel 2.2 el n Reichental zenne olling tion Security g Committee oyees, Servic and Businesse on Privacy Po alo Alto Webs Reichental,kwell, Grant K on ChangFirst dFirst d Update Additio Revise Revise Reiche ReviseJonath Revise Grant Revisefrom In Comm Role InformaManag Techno CIO; InTechno Assista Utilities SeniorAttorne Office Sponso Lo ce es Cit Sh olicy ite and Share Shiva SwamKolling ge Referencedraft developedraft released ed first draft f onal updates ed table of co ed followed b ental and Tom ed according han Reichenta ed according Kolling ed according nformation Se mittee ation Securityger; Informatio ology Departm nformation ology Departm ant Director, s Department r Assistant Citey; City Attorn or ocation ty of Palo Alto harePoint InInforma ePoint minathan, Tom eedfor review for review as identified ontent y review from m Auzenne to commentsal to comments to recommenecurity Steeri Com yon ment Appr ment Appr t Appr tyney’s Appr Appr o Website an City of nformation Teation Security Pa 31 Janua m Auzenne, m Jonathan s from s from ndations ng mments roved roved roved roved roved d Palo Alto chnology Services age 2 of 8 ary, 2013 DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Information PVersion 2.2 1.O The C Paloprovi approfinan businlocal indus1798 somebusin Califoto en Protebusin provi“Pers “Infoin thi A) I The C persoof me persotheC and spolic Infor The g all ussecu and scomp B) S The requinform confo C) C The Ctheir Privacy Policy Objective City of Palo A Alto. In promisions of the C opriate measncial) informat ness as a locaauthorities a stry best prac8.24, 1798.79 e of these proness in a man ornia laws. Thnsure the ong ected Critical ness with the ide services. sonally Identif rmation”) are s Policy by re INTENT City, acting in ons who do beans, includin ons accessingCity’s staff and security of theies, rules, reg mation is coll goals and obj sers having arity of databa security of thepliance with le SCOPE Policy will gu ired to protecmation data a orm their perf CONSEQUENCE City’s employwork implicat y e Alto (the “City” moting the quaCalifornia Pub ures to safegtion of person al governmennd reflected i ctices, includin.8(b), 1798.80 ovisions do nonner which pr he objective ooing protectio InfrastructureCity and rece The terms “Pfiable Informa defined in theeference. n its governme business with ng, without lim g the City’s wd/or authorize e Information gulations and ected, stored jectives of the ccess to the Case informatio e Information egal and regu ide the City’s ct the confidenare intended t formances to ES yees shall comtes access to ”) strives to p ality of life of tblic Records A uard the secuns, collected in nt agency. Thn federal and ng, without lim0(e), 1798.81 ot apply to locomotes the p of this Policy ion of the Pers e Informationaeiving service Personal Inforation” and “Pe e California C ental and pro or receive semitation, from website, and ped third-party collected by procedures, and utilized i e Policy are: ( City’s applicaon assets own provided to tulatory require staff and, ind ntiality and prto be covered the Policy sh mply with the the Informati romote and s these personsAct, California urity and privan the ordinary ese measured California law mitation, the p.5, 1798.82(e cal governmerivacy of pers is to describesonal Informa and Personales from the Ci rmation,” “Proersonally Iden Civil Code sec prietary capa ervices from thpersons appl persons who acontractors. T the City. The and industry in compliance (a) a safe, pro tions and datned by, or ent he City’s staffements. directly, third p ivacy of the Ind by the Policy ould they enj Policy in the ion referred to sustain a supe s, it is the pola Governmen acy of the pery course and es are generaws, the City’s provisions of Ce), 1798.83(e nt agencies lisonal informa e the City’s daation, Persona ly Identifying ity or a third p otected Criticantifying Inform ctions, referre acities, collect he City. The Ilying to receiv access other The City is co City acknowbest practice e with applica oductive, and tabases; (b) thtrusted to, the ff and third pa party contract nformation ofy and which w oy conditiona execution of o in this Polic InInforma erior quality o icy of the Citynt Code §§ 62 rsonal (includscope of con lly observed bs rules and re California Cive)(7), and 179 ike the City, tation, as reflec ata security goally Identifiabl Information oparty under co al Infrastructumation” (collec ed to above, a ts the Informa Information isve services p information pommitted to p ledges federaes are dedicat able laws. inoffensive w he appropriate City; (c) the arty contractor tors, which ar f the persons will be advised al access to th their official dcy. A failure to City of nformation Teation Security Pa 31 Janua of life for perso y, consistent w250 – 6270, to ding, without lnducting the C by federal, stagulations, an vil Code §§ 1798.92(c). Thou the City will cocted in federa oals and objele Information of persons doontract to the ure Informatioctively, the and are incorp ation pertainin s collected by rovided by th portals maintaprotecting the al and Califorted to ensurin work environm te maintenanccontrolled ac rs; and (d) fai re by contract whose persod by City staf hat informatio duties to the eo comply may Palo Alto chnology Services age 3 of 8 ary, 2013 ons in with the o take imitation,City’s ate and d 798.3(a),ugh onduct al and ectives, n, oingCity to on”, porated ng to a variety e City, ained by privacy nia laws, ng the ment for ce and ccess ithful t onalff to on. extenty result in DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Information PVersion 2.2 empl D)E In the Policexce “ISMasm accoform storawillc the reandh by th E)M This 2. RE A)R The Ccoord The Cpartyperfo Theand tin derespoinciddepaNon-inclu B)R Thedrawfor ainitiaplann addre Privacy Policy loyment and/o EXCEPTIONS e event that a cy, the employption request ”). The emplmay be reques ordance with gby the City A age, access, rconsult with th equest, the ehis or her sup he CIO, acting MUNICIPAL OR Policy will su SPONSIB RESPONSIBILIT CIO, acting bdinate the imp City’s employy contractors ormance of th ISM will be rethe effectivenetailed, auditaonsible for theents that arisartment-specif-Disclosure Ading, without RESPONSIBILIT Information Swn from the vall information tives and actining processe essed at the a y or legal conse a City employ yee may requt will be review oyee, with thested by the IS guidelines appAttorney. The P retention, usahe CIO to app xception requpervisor. The g by the ISM. RDINANCE persede any BILITIES O TY OF CIO AND y the ISM, wiplementation yees, in particunder contraceir job respon esponsible forness of the Poble technical e City’s IT enve in regard tofic policies angreements (Nlimitation, loc TY OF INFORMA Security Steerarious City desecurity efforivities. The ISes to ensure t appropriate C equences. ee cannot ful est an excepwed and adm e approval of M. The ISM w proved by thePolicy’s guide age, and proteprove or deny uest dispositioapproval of a City policy, ru OF CITY S D ISM ll establish anof information cular, softwarect to the City tnsibilities. r: (a) developolicy; (c) the drequirementsvironments; (o potential viond proceduresNDAs) signedcal or ‘cloud-b ATION SECURI ring Committepartments, wrts, including SSC will providthat informatio City departme ly comply with tion by submministered by t his or her suwill conduct a e City’s Chief elines will incl ection of the Ithe exception on will be comny request m ule, regulation STAFF n information n security me e application to provide ser ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third partybased’ softwa TY STEERING ee (the “ISSCwill provide thekey informatiode input to thon security ris nt level. h one or more itting Securitythe City’s Info pervisor, will a risk assessm Information Olude at a mini nformation idn request. Af mmunicated, imay be subjec n or procedur security maneasures by the users and darvices, shall b ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purvy contractorsare services to COMMITTEE ”), which is coe primary direon security ane informationsks are adequ InInforma e element(s) y Exception Rormation Secu provide any ament of the re Officer (“CIO”imum: purpos dentified in thefter due cons in writing, to tct to counterm re regarding i nagement frame City’s gove atabase usersby guided by cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po, which will pro the City. omprised of tection, prioritiznd privacy risn security anduately consid City of nformation Teation Security Pa 31 Janua described in Request.Theurity Manager additional infoquested exce ) and approvese, source, co e request. Theideration is gi the City emplomeasures esta nformation pr mework to initrnment. s, and, indirecthis Policy in ng compliancwill manifest ted by the persg security andapprovingolicy; and (f) rrovide service he City’s empzation and apsks, programs privacy stratered, assess Palo Alto chnology Services age 4 of 8 ary, 2013 this r (the ormation eption in ed as to ollection, e ISM iven to oyeeablished rivacy. tiate and ctly, third the ce with he Policy sons d privacy reviewing es, ployees,pprovals,tegiced and DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Information PVersion 2.2 C) R All auproce D) R The C City’scomp intern E)R The(NDA the Sexec controbjec by thoccu The Cappro 3. PR A) O TheInforby,ocontractivother The totherdesiginformcompmainconfithird B) P Exce doingpersoas a Privacy Policy RESPONSIBILIT uthorized useesses and tec RESPONSIBILIT City’s IT Man s networks, wpliance with th nal reporting RESPONSIBILIT ISM will ensuA), whenever Software as a cuted prior to t ractors. The Cctives, policie he ISM at planrred. CIO, acting bopriate, comm IVACY PO OVERVIEW Policy appliesmation of peror entrusted toractors underities include, r networks, sy term “informar related orgagned, implemmation assetspromise, and ntain informatidentiality, inteparties. PERSONAL INF ept as permitte g business wion has conselocal governm y TY OF USERS ers of the Infochnologies wi TY OF INFORMA agers, who a will be responshe City’s infor of events that TY OF AUTHOR ure that the Ciaccess to the Service (Saathe sharing of City’s approacs, processes nned intervals y the ISM, wimencing from OLICY s to activities rsons doing bo, the City andcontract to thwithout limitaystems, or de ation assets” aanizations whiented, and ms. The City’s sinappropriateion managemegrity, and av FORMATION AN ed or provide ith the City, oented to the Cment agency rmation will bithin the scop ATION TECHNO re responsibl sible for confirmation secur t may have co RIZATION COOR ity’s employeee Information aS) Security af the Informat ch to managin, and procedu s, or wheneve ll review and the date of it that involve tusiness with td will be madhe City to proation, accessinevices. also includes ile those assemaintained to estaff will act toe disclosure oment systems,vailability of its ND CHOICE d by applicab r receiving seCity’s sharing owith third par be responsiblee of responsi OLOGY (IT) MA e for internal, guring, maintrity and privac ompromised RDINATION es secure thewill be grante and Privacy Ttion of person ng informationures for inform er significant c recommend ts adoption. he use of thethe City or ree available tovide Softwareng the Interne the personal ets are under ensure that oo protect its inor alteration. T networks ans information ble laws, the C ervices from thof such informrties under co e for complyinibility of each ANAGERS , external, dir taining and secy policies. T network, syst e execution ofed to third par Terms and Cons covered by n security andmation securit changes to se changes to th e City’s informceiving servico the City’s eme as a Serviceet, using e-ma information othe City’s connly authorizenformation asThe City will pnd processes assets to the City will not sh he City, in viomation duringontract to the C InInforma ng with informuser. rect and indire ecuring the Chey are also tem or data s f Non-Disclosrty contractor onditions.Any this Policy w d its implemety) will be rev ecurity implem he Policy ann mation assets,ces from the Cmployees ande consulting sail, accessing of the City’s entrol. Securitd persons wilssets from theplan, design, in order to ase City’s emplo hare the Infor olation of this the conduct City to provid City of nformation Teation Security Pa 31 Janua mation privacy ect connection City’s IT networesponsible fo ecurity. sure Agreemers, in conjunct NDA must bewith third party entation (i.e. viewed indepe mentation hav nually, or as namely, the City, which ard third party services. Theg the City’s int employees anty measures wll enjoy acceseft, damage, limplement anssure the appoyees and aut rmation of any Policy, unlesof the City’s be services. Palo Alto chnology Services age 5 of 8 ary, 2013 y ns to the orks in or timely entstion with ey endently ve re owned setranet or nd any will be ss to the oss,ndropriate thorized y person ss that business DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Information PVersion 2.2 C) M The Ccolle businmay and wforma The Csite m City wthe In the bInter the ucomp theiron hi sites D) U In theDepa custoUtiliti applyother with Busin havemont residand/o the s Busin coveInfor E)P The couldunles F)A The C acceaffec Privacy Policy METHODS OF C City may gathction of such ness as a locabe gathered with other tecation in order City’s staff wimay use “coo will note that nternet Protoc browser softwnet address o user’s computpromise the u computers byis or her com . UTILITIES SERV e provision ofartment (“CPA omers. To theies Rules and y; provided, hrwise directed other City dep nesses and re e secure accethly utility usa dents with nonor billing data standard mon nesses and re red by the samation under PUBLIC DISCLO Information th d be incorporass such inform ACCESS TO PE City will take ss to that percted persons w y COLLECTION O her the Informinformation is al governmenat service win chnologies, whr to secure the ll inform the pkies” to custo a cookie contcol address o ware and operof the website ter by using thuser’s privacy y using any oputer, it will n VICE f utility serviceAU”) will colle e extent the md Regulations however, any d or approved partments ex esidents with ss through a age and billing n-standard or a provided to t thly billing. esidents with ame privacy pr applicable fe OSURE hat is collecte ated in a publmation is exem ERSONAL INFO reasonable s rson’s Informawho can revie OF PERSONAL mation from a s both necess nt agency in itndows and co herever the Ce City’s servic persons whosomize the brow tains unique iof the compute ating systemse from which t he City’s webor security. U of the widely aot prevent or es to personsect the Informa management or other ordi such Rules ad by the Coun cept as may b standard utili CPAU websig data. In add experimentathem through such non-sta rotections anederal and Ca ed by the City lic record thatmpt from disc ORMATION teps to verify ation. Each Cew and updat INFORMATION variety of sousary and appr ts governmenontact centers City may interaces. se Informationwsing experie information ther used to ac s used, the dathe user linke site do not cUsers can refu available methprohibit the u s located withiation in order of that informnances, rules and Regulationcil. This inclu be required b ity meters and te to their Infodition to their r l electric, wat non-City elec andard or exp d personal inalifornia laws. in the ordina t may be subjclosure to the a person’s id City departmente that informa urces and resropriate in ord ntal and proprs as well as a act with perso n are coveredence with the hat a web siteccess the City ate and time ed to the City’s contain the Infuse the cooki hods. If the ususer from gain in Palo Alto, tr to initiate an mation is not ss, regulations ns must confudes the shar by law. d/or having n ormation, inclregular month ter or natural ctronic portal perimental me nformation exc ry course and ject to inspecpublic by Ca dentity before nt that collectation at reaso InInforma sources, provder for the Cit rietary capaciat web sites, b ons who need d by this Police City of Palo A e can use to try’s web sites, a user accesss web sites. C formation, andies or delete t ser chooses nning access t the City of Pad manage uti specifically ad or procedure form to this Poring of CPAU- on-metered m luding, withouhly utilities bil gas meters ms at different etering will ha change rules d scope of co ction and copyalifornia law. e the City will g ts Informationonable times. City of nformation Teation Security Pa 31 Janua ided that the ty to conduct ties. That infby mobile app d to share suc cy that the CitAlto web site rack, among othe identificat sed the site, aCookies creat d thus do notthe cookie file not to accept to or using the alo Alto Utilitieility services t ddressed in thes, this Policy olicy, unless -collected Info monthly servic ut limitation, thling, business may have theiintervals than ave their Inform applicable to onducting its b ying by the pu grant anyone n will afford ac Palo Alto chnology Services age 6 of 8 ary, 2013 formation plications, ch ty’s web . The others,tion of and the ted on tes from a cookie e City’s esto hey will ormation ces will heirses and ir usage n with mation o business ublic, e online ccess to DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Information PVersion 2.2 G) S Exceperso partiereaso perso The C Inforinsta such If the occubreac date(and t H) D The C periodestr I)S The C servi In ord thosetheS proviservi confi Theswhic serviinclu moniterm comp Priorservi evenrequ prom J)F CPAmana Privacy Policy SECURITY,CO ept as otherwions covered b es without theonable contro ons covered b City may auth mation of pernces, the City Information o e City become rred, with resch in accorda (s) of the knowthe proposed DATA RETENTI City will store od is establishruction. SOFTWARE AS City may eng ces, common der to assure e who receiveSaaS services ider, shall desces and/or fu dentiality and se requiremenh the services ces provider’ding disaster itoring service“IT infrastruc puters, and da r to entering inces provider nt that the Saairements duri mptly inform th FAIR AND ACC U will requireage utility ser y NFIDENTIALITY ise provided bby this Policy e express writols that are de by this Policy horize the City rsons who do y will require only in further es aware of a spect to the Inance with app wn or suspecaction to be ION /INFORMA e and secure a hed by law, fo A SERVICE (S age third part nly known as the privacy a ed services fros provider and sign, install, purnishes good d privacy of th nts include infs are provided s operations recovery and es to ensure acture” refers to atabase man nto an agreemto complete a aS services png the course he ISM. 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ONTACTS rmation Secu ef Information ties Departm y Attorney’s O y ns, implement ng the Red Flaovides service ocedures for and mitigate s for potentialant changes t U identity theft nia laws which urity Manager n Officer: Rei ent:Auzenne Office: Kolling, ting the Fair a ag Rules, reqes in advance an identity thpotential iden identity theft to security im t procedures, h are applicab r: Patel, Raj < chental, Jona e, Tom <Tom Grant <Gran and Accurate quire that CPAe of payment eft program fontity theft of its will be reviewplementation or as approp ble to identity Raj.Patel@C athan <Jonath m.Auzenne@C nt.Kolling@Ci Credit Trans AU, as a “covand which ca for new and es customers’ wed independn have occurre priate, so as to y theft; they ar CityofPaloAlto han.Reichent CityofPaloAlto tyofPaloAlto.o InInforma sactions Act o ered financiaan affect cons existing accouInformation. dently by the ed. The ISM w o conform to re set forth in .org> tal@CityofPal o.org org> City of nformation Teation Security Pa 31 Janua of 2003 (Publi l institution orsumer credit, unts to detect, ISM annuallywill recomme this Policy. California Ci loAlto.org> Palo Alto chnology Services age 8 of 8 ary, 2013 c Law rdevelop , y or nd vil Code DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 1 of 3 ATTACHMENTE SOFTWAREASASERVICESECURITYANDPRIVACY TERMSANDCONDITIONS ThisExhibitshallbemadeapartoftheCityofPaloAlto’sProfessionalServicesAgreement oranyothercontractentered intobyandbetweentheCityofPaloAlto(the“City”)andSierraInfosys,Inc.(the“Consultant”)fortheprovisionof SoftwareasaServicetotheCity(the“Agreement”). InordertoassuretheprivacyandsecurityofthepersonalinformationoftheCity’scustomersand peoplewhodobusinesswiththeCity,including,withoutlimitation,vendors,utilitycustomers,library patronsandotherindividualsandbusinesses,whoarerequiredtosharesuchinformationwiththe City,asaconditionofreceivingservicesfromtheCityorsellinggoodsandservicestotheCity, including,withoutlimitation,theSoftwareasaServiceservicesprovider(the“Consultant”)andits subcontractors,ifany,including,withoutlimitation,anyInformationTechnology(“IT”)infrastructure servicesprovider,shalldesign,install,provide,andmaintainasecureITenvironment,described below,whileitrendersandperformstheServicesandfurnishesgoods,ifany,describedinthe StatementofWork,ExhibitB,totheextentanyscopeofworkimplicatestheconfidentialityand privacyofthepersonalinformationoftheCity’scustomers.TheConsultantshallfulfillthedataand informationsecurityrequirements(the“Requirements”)setforthinPartAbelow. A“secureITenvironment”includes:(a)theITinfrastructure,bywhichtheServicesareprovidedto theCity,includingconnectiontotheCity'sITsystems;(b)theConsultant’soperationsand maintenanceprocessesneededtosupporttheenvironment,includingdisasterrecoveryandbusiness continuityplanning;and(c)theITinfrastructureperformancemonitoringservicestoensureasecure andreliableenvironmentandserviceavailabilitytotheCity.“ITinfrastructure”referstothe integratedframework,including,withoutlimitation,datacenters,computers,anddatabase managementdevices,uponwhichdigitalnetworksoperate. Intheeventthat,aftertheEffectiveDate,theConsultantreasonablydeterminesthatitcannotfulfill theRequirements,theConsultantshallpromptlyinformtheCityofitsdeterminationandsubmit,in writing,oneormorealternatecountermeasureoptionstotheRequirements(the“Alternate Requirements”assetforthinPartB),whichmaybeacceptedorrejectedinthereasonable satisfactionoftheInformationSecurityManager(the“ISM”). PartA.Requirements: TheConsultantshallatalltimesduringthetermofanycontractbetweentheCityandtheConsultant: (a) Appointordesignateanemployee,preferablyanexecutiveofficer,asthesecurityliaisonto DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 2 of 3 theCitywithrespecttotheServicestobeperformedunderthisAgreement. (b) ProvideafullandcompleteresponsetotheCity’sSupplierSecurityandPrivacyAssessment Questionnaire(the“Questionnaire”)totheISM,andalsoreportanymajornonͲconformance totheRequirements,asandwhenrequested.Theresponseshallincludeadetailed implementationplanofrequiredcountermeasures,whichtheCityrequirestheConsultantto adoptascountermeasuresintheperformanceoftheServices.Inaddition,asoftheannual anniversarydateofthisAgreementtheConsultantshallreporttotheCity,inwriting,any majorchangestotheITinfrastructure. (c) Haveadoptedandimplementedinformationsecurityandprivacypoliciesthatare documented,areaccessibletotheCityandconformtoISO27001/2–InformationSecurity ManagementSystems(ISMS)Standards.Seethefollowing: 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=50297 (d) Conductroutinedataandinformationsecuritycompliancetrainingofitspersonnelthatis appropriatetotheirrole. (e) DevelopandmaintaindetaileddocumentationoftheITinfrastructure,includingsoftware versionsandpatchlevels. (f) Developanindependentlyverifiableprocess,consistentwithindustrystandards,for performingprofessionalandcriminalbackgroundchecksofitsemployeesthat(1)would permitverificationofemployees’personalidentityandemploymentstatus,and(2)would enabletheimmediatedenialofaccesstotheCity'sconfidentialdataandinformationbyany ofitsemployeeswhonolongerwouldrequireaccesstothatinformationorwhoare terminated. (g)ProvidealistofITinfrastructurecomponentsinordertoverifywhethertheConsultanthas metorhasfailedtomeetanyobjectivetermsandconditions. (h) Implementaccessaccountability(identificationandauthentication)architectureandsupport roleͲbaseaccesscontrol(“RBAC”)andsegregationofduties(“SoD”)mechanismsforall personnel,systemsandsoftwareusedtoprovidetheServices.“RBAC”referstoacomputer systemssecurityapproachtorestrictingaccessonlytoauthorizedusers.“SoD”isanapproach thatwouldrequiremorethanoneindividualtocompleteasecuritytaskinordertopromote thedetectionandpreventionoffraudanderrors. (i) AssisttheCityinundertakingannuallyanassessmenttoassurethat:(1)allelementsofthe Services’environmentdesignanddeploymentareknowntotheCity,and(2)ithas implementedmeasuresinaccordancewithindustrybestpracticesapplicabletosecurecoding andsecureITarchitecture. (j) Provideandmaintainsecureintersystemcommunicationpathsthatwouldensurethe confidentiality,integrityandavailabilityoftheCity'sinformation. (k) DeployandmaintainITsystemupgrades,patchesandconfigurationsconformingtocurrent patchand/orreleaselevelsbynotlaterthanone(1)weekafteritsdateofrelease.Emergency securitypatchesmustbeinstalledwithin24hoursafteritsdateofrelease. (l) Provideforthetimelydetectionof,responseto,andthereportingofsecurityincidents, includingonͲgoingincidentmonitoringwithlogging. (m)NotifytheCitywithinone(1)hourofdetectingasecurityincidentthatresultsinthe unauthorizedaccesstoorthemisuseoftheCity'sconfidentialdataandinformation. DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 3 of 3 (n) InformtheCitythatanythirdpartyserviceprovider(s)meet(s)alloftheRequirements. (o)PerformsecurityselfͲauditsonaregularbasisandnotlessfrequentlythanonaquarterly basis,andprovidetherequiredsummaryreportsofthoseselfͲauditstotheISMontheannual anniversarydateoranyotherdateagreedtobytheParties. (p) Accommodate,aspracticable,anduponreasonablepriornoticebytheCity,theCity’s performanceofrandomsitesecurityauditsattheConsultant’ssite(s),includingthesite(s)ofa thirdpartyserviceprovider(s),asapplicable.Thescopeoftheseauditswillextendtothe Consultant’sanditsthirdpartyserviceprovider(s)’awarenessofsecuritypoliciesand practices,systemsconfigurations,accessauthenticationandauthorization,andincident detectionandresponse. (q)CooperatewiththeCitytoensurethattotheextentrequiredbyapplicablelaws,rulesand regulations,theConfidentialInformationwillbeaccessibleonlybytheConsultantandany authorizedthirdpartyserviceprovider’spersonnel. (r) Performregular,reliablesecuredbackupsofalldataneededtomaximizeavailabilityofthe Services. (s) MaintainrecordsrelatingtotheServicesforaperiodofthree(3)yearsaftertheexpirationor earlierterminationofthisAgreementandinamutuallyagreeablestoragemedium.Within thirty(30)daysaftertheeffectivedateofexpirationorearlierterminationofthisAgreement, allofthoserecordsrelatingtotheperformanceoftheServicesshallbeprovidedtotheISM. (t)MaintaintheConfidentialInformationinaccordancewithapplicablefederal,stateandlocal dataandinformationprivacylaws,rulesandregulations. (u) EncrypttheConfidentialInformationbeforedeliveringthesamebyelectronicmailtotheCity andoranyauthorizedrecipient. (v)UnlessotherwiseaddressedintheAgreement,shallnotholdtheCityliableforanydirect, indirectorpunitivedamageswhatsoeverincluding,withoutlimitation,damagesforlossof use,dataorprofits,arisingoutoforinanywayconnectedwiththeCity’sITenvironment, including,withoutlimitation,ITinfrastructurecommunications. PartB.AlternateRequirements: DocuSign Envelope ID: CFEBC5FF-894C-46C6-83D6-9C538C7CF6DC Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16161998 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND HPC HECK & PARTNER CONSULTING, INC., dba: HPC AMERICA FOR PROFESSIONAL SERVICES “SAP PROFESSIONAL SERVICES APPLICATION MAINTENANCE SUPPORT” This Agreement No. C16161998 is entered into on this 1st day of January, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and HPC HECK & PARTNER CONSULTING, INC., dba: HPC AMERICA, a California corporation, with offices located at 111 Deerwood Road, Suite 200, San Ramon, CA 94583, Telephone 925-831-4765 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to maintain its Enterprise Resource Planning Central Component System (“Project”) and desires to engage a consultant to supply temporary contractors to provide professional SAP application maintenance support in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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 described in Exhibit “A”, as one of several entities subject to a shared not-to-exceed compensation limit described more fully in Section 4. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2016 through December 31, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 3E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Steven Brown as staff supervisor to have supervisory responsibility for the performance, progress, and execution of the Services and as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sudhir Aravindan, Information Technology Department, Enterprise Systems Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329- 2466. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 5E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 6E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 7E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 8E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx 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, incorporated by reference and may be 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: x All printed materials provided by CCONSULTANT 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. x 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 Division’s office. x 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 9E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: __________________________City Manager APPROVED AS TO FORM: __________________________City Attorney or Designee CONSULTANT: HPC HECK & PARTNER CONSULTING, INC., dba: HPC AMERICA By:___________________________ Name: Jerry Cavalieri Title: CEO, HPC America Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” ON CALL TASK ORDER (SAMPLE) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E” IT SECURITY REQUIREMENTS 1) City’s Information Privacy Policy 2) City’s Security and Privacy Terms and Conditions DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx EXHIBIT “A” SCOPE OF SERVICES BACKGROUND The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support Consultant Services. The “City” sought application support services for its SAP ECC 6.0 - Enterprise Resource Planning Central Component System, ISU - Industry Solution for Public Sector, ISU/CCS-Industry Solution Utilities Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES - Utilities Customers eServices UCES Systems and Business Intelligence (BI) System. The most recent ECC 6.0 was upgraded in July 2008, ISU/CCS was implemented in May 2009, and BI was implemented in October 2009. The “City” is currently running the following SAP release versions: ECC 6.0: FI, FM, FA, CO, PS, PM, BCS, MM, HCM, PY (US), ESS/MSS, SD, WM ISU - Industry Solution for Public Sector ISU/CCS-Industry Solution Utilities Customer Care and Service System ISU CCS 6.0: BM,CS,DM and FICA CRM 6.0: ICweb UCES 6.0 BI 7.0 SCOPE OF SERVICES The vendor (CONSULTANT) is to provide 2nd level of SAP Support and Maintenance Consulting Services for configuration changes, master data setup, process design, system analysis, and integration for the following modules. Detail task will be scheduled and assigned by functional lead and SAP Enterprise Systems Manager on as-needed basis not to exceed allocated hours. Billing will be based on time and materials. Vendor must pre-screen all proposed candidates and perform reference checks in advance. (Please provide candidate pre-screening process). Vendor must perform a technical assessment for all proposed candidates in advance. (Please provide what the technical assessment consists of). Vendor must process all fingerprinting and confirm clearance for all proposed candidates in advance. This support would be in line with, but not limited to the following job descriptions: DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx AREAS OF FOCUS Areas of Business Operation where support and maintenance consulting is imperative to sustain business continuity, to improve efficiency and fine tune process. The Consultant facilitates the implementation and support of SAP modules to enhance the clients’ business functionality and overall performance, while maintaining a high degree of customer satisfaction. • SAP ABAP/4 - Technical x Perform code review and single point of contact for all ABAP developments. x Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs,Interface Programming, BDC, Workflow and Data Conversions. x Ability to help resolve complex technical issues and independently manage Critical/complex situations. • SAP FI, CO, MM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. x Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems x Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. • SAP HCM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. x Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory x Ability to analyze problems and provide clear recommendations • SAP Workflow x Provide expertise in analyzing the business approval matrix and map the solution to the workflow developed objects. x Experience in maintaining assignments to SAP relational objects along with the development of workflow tasks. x Possess a strong understanding of the configuring of log events, the linking of change documents to events, the definition of reports for workflow, perform work item DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx analysis, and be able to perform configuration relating to workflow outlook box and task analysis. • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance x Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. x Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. x Creating Users for Web UI and integration between ECC and CRM. • BI - Business Intelligence Support and Maintenance x Redesigning BI Landscape to improve loading and Query performance x Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system x Creating custom reports and workbooks using BEx Analyzer x Experience with developing data flows using APDs • IS – Utilities CCS x IS-U CCS DM-Device Management Support and Maintenance Device and installation Meter reading optimization and fine tuning, including meter reading unit and scheduling, implausible reading results setting and estimate read activation x IS-U CCS BM-Billing Management Support and Maintenance Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer consolidated Billing for Deregulated transactions Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial Preparing specification for Print workbench requirement for custom specific application form, to display unbundled billing with Power, Water and Sewer contracts and Rate information. x IS-U CCS FICA-Contract account Support and Maintenance Configuring New Dunning Procedures and Dunning Levels with Dunning Activities Creating functional specifications for Reset Clearing, Payments, Dunning, Security Deposits, Automatic Clearing, and Clearing rules x IS-U CCS CS-Customer Service Support and Maintenance Owner Allocation Move-in and Move-out Disconnect/Reconnect x IS-U CCS WM-Work Management Support and Maintenance Service Notifications • UCES - Support and Maintenance x Sustaining UCES Utility Customer E-Service • ERP- Core Support and Maintenance Consulting x Planning production support activities for ERP Core activities DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 14 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx x Identify change management opportunities and implement organizational solutions involving functional department efficiency improvement and workload balancing • SAP Basis Consulting x SAP Solution Management evaluation and implementation x SAP Enterprise portal architecture • SAP Data Base Administration Services x Perform database restores or re-organization as required x Create/refresh development/test/QA databases from production data as required x New database and tool implementation and configuration as required x Develop database backup scripts and processes as required x Perform database Initiation Parameter modifications as required x Perform database upgrades and patches as required x Data integrity and corrections as required x Problem identification of data integrity, errors, and omissions. x Database performance monitoring, analysis, and Tuning as required x New database/object creation as required x Application of schema changes, e.g. creation, alteration, and deletion of tables and indices, compilation and dropping of stored procedures and triggers, etc. as required x Establishing and maintaining database configuration and system parameters in a consistent manner across like database environments x Execution of processes for the proper maintenance and functioning of databases, e.g. updating table/index statistics, dropping and rebuilding tables/indices, etc. Application Support Maintenance and Enhancement x The CONSULTANT shall provide support for troubleshooting, problem resolution, maintenance, enhancements and support pack/enhancement pack upgrade services for the following application systems: x SAP CRM Customer Relationship Management Module and ICWEB -Interactive Connection Center x SAP UCES Utility Customer E-Services Module x SAP ISU Industry Solution-Utility Modules: BM,CS,DM, FICA, WM SAP BI Business Intelligence Module x SAP ESS/MSS,FI,HCM, PY(US),SD,FM,MM,PM,WM,PS,CO,BCS, FA x The CONSULTANT shall be responsible for second-level Application support. (City will be responsible for first level support of the application). x The CONSULTANT shall maintain information for each service request, including but not limited to, problem description, start and end dates/times, actual or potential root cause(s), corrective action taken, and future action required. x The CONSULTANT shall provide support/change control application where all the work orders from City will be recorded, approved, tracked, and managed throughout the life cycle. x The CONSULTANT shall develop and provide written Support request troubleshooting procedures for the system and application environment. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx x The CONSULTANT shall work with City IT to provide monthly status reporting including, but not limited to, work orders analysis, actual hours usage, average cycle time, quality issues, and improvement recommendations. x The CONSULTANT support shall be staffed between 6:00 a.m. PST to 6:00 p.m. PST weekdays, Monday through Friday, except for City holidays. x The CONSULTANT shall provide a problem escalation process to ensure urgent problems are resolved according to Service Level Agreement x The CONSULTANT shall provide a process to record after-hours problems for next day resolution. x The CONSULTANT shall ensure that all software modifications and upgrades are deployed using the configuration management, documentation, and integration, and acceptance testing requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall provide the appropriate technical resources (at agreed upon rates) to modify or enhance applications to ensure that the software continues to support City business requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall perform application modification and upgrade activities (at agreed upon rates and travel expenses) assigned by City Employee in principle on site unless otherwise agreed to by City. x The CONSULTANT shall provide justifiable resource and timeframe estimates for software design, development, testing, and deployment of all application modifications and upgrade requests within the time frame established in the SLA. x The CONSULTANT shall begin and end each application modification and upgrade effort within the timeframe established in the SLA. x The CONSULTANT shall make software patches found at other clients available to City at no charge. x The CONSULTANT shall maintain source code version and release of software versions in accordance with City's configuration management standards during the life of the project and the warranty period. x The CONSULTANT shall provide and maintain coding standards and quality control to ensure coding readability, performance, and sustainability. x The CONSULTANT shall make proper resource arrangement to ensure support continuity during holiday seasons WORK MODEL Contract engagement with Vendor primarily is based on Labor Hour for each Approved Task Order. Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved by SAP PMO, providing supporting material such as task scope; objectives, cost estimate, resource planning, and schedule are available. CONSULTANT’s Account Executive will collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost closely. DELIVERABLES For each task order assigned, Consultant must follow CITY’s system design and development standards, to conduct the following tasks and produce deliverables: DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx x Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on as-needed basis x Prepare functional specification, technical specification, testing plan, and training material x Document configuration changes and process changes x Others: Solution comparison, gap analysis, etc. PERFORMANCE MANAGEMENT x The CONSULTANT shall develop procedures and tools for performance measurements including, but not limited to, the following: Quality of work: defect rate, re-work rate Response time Service fulfillment rate User Satisfaction ( City ) x Service Level Summary Priority Definition Response Time After Provide Solution Target Resolution Time Escalation Path Emergency • Entire organization is affected. 1 hour 1 day 1 day Resolution > 2 day • Core business process cannot be carried out. Escalation path: tbd • Security violation. Critical • Multiple users or departments are directly affected. 4 hours 1 day 3 days Resolution > 2 day • Incident has serious impact on critical tasks and no workaround is available Escalation path: tbd • Customer affected. High • System cannot function as designed or installed. 1 day 3 days Requiresresourceestimation, City's approval, prioritization and scheduling • Small group of users are directly affected. • Compliance time line is affected DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx Medium • Small number of users are affected. 5 days 2-3 weeks Requiresresource estimation, City's approval, prioritization and scheduling • Isolated incident. • Degraded performance and/or is difficult to use. Low • User requests general information, service or consultation. 5 days 4-6 weeks To be prioritized based on resourceavailability and cost • Cosmetic enhancements • Report enhancements CONSULTANT QUALIFICATION The CONSULTANT shall staff the support personnel with the following qualifications x Must have a minimum of 5-8 years of experience configuring the SAP systems with a thorough understanding of the integration required with other relevant areas/modules in SAP or otherwise. x Requires excellent communication, analytical, facilitation and negotiation skills, data/business process modeling, knowledge of competition, and industry happenings x Ability to form, lead and/or be a participant in a cross functional team x Superior level of attention to detail, time management, organization and problem solving skills with the ability to handle multiple projects and deadlines simultaneously. x Demonstrates excellent requirements gathering and quality assurance testing skills, ensuring business needs are met. x SAP certifications relevant to the position are preferred. x Utilities Industry Business knowledge WARRANTIES x The CONSULTANT warrants that all services provided under this contract shall meet all the business requirements and specifications herein for a period of ninety (90) days. x The CONSULTANT shall make fixes for problems found during the agreed upon warranty period ninety (90) days at no additional cost to City. x The CONSULTANT shall replace shall replace consultant within one week upon receiving City's written notification. Change of consultant reasons, including but not limited to x Security violation DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx x Communication deficiency x Attendance Problem x Failed to demonstrate professional Knowledge x City’s discretion END OF SCOPE DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (SAMPLE) Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task order within the time specified below. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below upon the issuance of a task order within 1 week of receipt of the notice to proceed. Task Completion From NTP 1. Continuous On-Call Services December 31, 2018 DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx EXHIBIT “C-1” HOURLY RATE SCHEDULE HPC HECK & PARTNER CONSULTING, INC., dba: HPC AMERICA SAP Expertise Consultant Hourly Rates 2015-16* Public Sector/Financials Hans Christian Metz $180 ABAP/PM--ǦMM/Billing Eugen Furler $185 BW/Tech Development Eugen Furler $185 ERP Strategy/Project Mgmt. Jerry Cavalieri $210 Financials/Regulatory Matt Mosley $200 Other SAP Consulting Roles Estimated Hourly Rates Ranges 2015-16* FI/CO $180 - $225 PM/MM $180 - $225 HCM $180 - $225 ESS/MSS $180 - $225 Project Manager $175 - $250 PS $180 - $225 ABAP $185 - $225 *Rates for 2017 and beyond may be adjusted for inflation and market conditions. CONSULTANT’s compensation rates may be adjusted effective on the commencement of each Additional Term. The hourly rate set forth above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent (5%) of the rates effective during the immediately preceding term. Any adjustment to CONSULTANT’s compensation rates shall be reflected in a written amendment to this Agreement. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Heck - RI\Contract\Working Docs\Contract C16161998 HPC America_Draft1.docx B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Info Release and Release Date Document Cl orma Version: e: assification: atioon P 1st 31 Ne Priva Release, Ver January, 201 eed to Know acy rsion 2.2 13 Pollicy "55"$).&/5&DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Information PVersion 2.2 CONTEN DOCUMENT CHANGE RE APPROVAL. DISTRIBUTIO 1.OBJE A)INTEN B)SCOP C)CONS D)EXCE E)MUNIC 2.RESP A)RESP B)RESP C)RESP D)RESP E)RESP 3.PRIVA A)OVER B)PERSO C)METH D)UTILIT E)PUBLI F)ACCE G)SECU H)DATA I)SOFTW J)FAIRA 4.CONT Privacy Policy TS CONTROLS... ECORD .......... ..................... ON ................ ECTIVE........... NT .................. E .................. SEQUENCES.... PTIONS.......... CIPAL ORDINAN PONSIBILITIES ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ACY POLICY .. RVIEW ............ ONAL INFORMA ODS OF COLLE TIES SERVICE . C DISCLOSUR SS TO PERSON RITY,CONFIDE RETENTION /I WARE AS A SE AND ACCURAT TACTS ........... y ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... NCE............... OF CITY STAF CIO AND ISM INFORMATION USERS ......... F INFORMATION F AUTHORIZATI ..................... ..................... ATION AND CH ECTION OF PER ..................... E................... NAL INFORMAT ENTIALITY AND INFORMATION RVICE (SAAS) E CREDIT TRA ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... F ................... M .................... N SECURITY ST ..................... N TECHNOLOGY ON COORDINA ..................... ..................... OICE.............. RSONAL INFOR ..................... ..................... TION ............... NON-DISCLOS RETENTION ... )OVERSIGHT .. ANSACTION ACT ..................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... TEERING COMM ...................... Y (IT) MANAGE ATION ............. ...................... ...................... ...................... RMATION ......... ...................... ...................... ...................... SURE ............. ...................... ...................... T OF 2003 (FA ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... MITTEE .......... ..................... ERS ............... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ACT) ............. ..................... InInforma ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... City of nformation Teation Security Pa 31 Janua ...................... ...................... ...................... ...................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ...................... Palo Alto chnology Services age 1 of 8 ary, 2013 ............ 2 ............ 2 ............ 2 ............ 2 ............ 3 ............ 3 ............ 3 ............ 3 ............ 3 ............ 4 ............ 4 ............ 4 ............ 4 ............ 4 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 6 ............ 6 ............ 6 ............ 6 ............ 7 ............ 7 ............ 7 ............ 8 DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Information PVersion 2.2 DOCUME CHANGE APPROVA DISTRIBU Privacy Policy ENT CONT Documen Location Documen Documen Contributo E RECORD Date 12-Jul-12 26-Sep-12 09-Nov-12 19-Nov-12 22-Nov-12 26-Nov-12 6-Dec-12 14-Jan-13 31-Jan-13 VAL Date 06-Dec-12 06-Dec-12 06-Dec-12 14-Jan-13 14-Jan-13 UTION Name City of Pa Providers y TROLS nt Title nt Author nt Manager ors D AuthorRaj Pat2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat Raj Pat 3 Raj Pat 3 Raj Pat Name 2 Raj Pate 2 Jonatha 2 Tom Auz 3 Grant Ko 3 InformatSteering alo Alto Emplo , Residents a Informatio City of Pa Raj Patel Raj Patel Jonathan Joe Black r Versitel 0.01tel 1.0 tel 1.5 tel 1.6 tel 1.7 tel 1.8 tel 1.92 tel 2.0 tel 2.2 el n Reichental zenne olling tion Security g Committee oyees, Servic and Businesse on Privacy Po alo Alto Webs Reichental,kwell, Grant K on ChangFirst dFirst d Update Additio Revise Revise Reiche ReviseJonath Revise Grant Revisefrom In Comm Role InformaManag Techno CIO; InTechno Assista Utilities SeniorAttorne Office Sponso Lo ce es Cit Sh olicy ite and Share Shiva SwamKolling ge Referencedraft developedraft released ed first draft f onal updates ed table of co ed followed b ental and Tom ed according han Reichenta ed according Kolling ed according nformation Se mittee ation Securityger; Informatio ology Departm nformation ology Departm ant Director, s Department r Assistant Citey; City Attorn or ocation ty of Palo Alto harePoint InInforma ePoint minathan, Tom eedfor review for review as identified ontent y review from m Auzenne to commentsal to comments to recommenecurity Steeri Com yon ment Appr ment Appr t Appr tyney’s Appr Appr o Website an City of nformation Teation Security Pa 31 Janua m Auzenne, m Jonathan s from s from ndations ng mments roved roved roved roved roved d Palo Alto chnology Services age 2 of 8 ary, 2013 DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Information PVersion 2.2 1.O The C Paloprovi approfinan businlocal indus1798 somebusin Califoto en Protebusin provi“Pers “Infoin thi A) I The C persoof me persotheC and spolic Infor The g all ussecu and scomp B) S The requinform confo C) C The Ctheir Privacy Policy Objective City of Palo A Alto. In promisions of the C opriate measncial) informat ness as a locaauthorities a stry best prac8.24, 1798.79 e of these proness in a man ornia laws. Thnsure the ong ected Critical ness with the ide services. sonally Identif rmation”) are s Policy by re INTENT City, acting in ons who do beans, includin ons accessingCity’s staff and security of theies, rules, reg mation is coll goals and obj sers having arity of databa security of thepliance with le SCOPE Policy will gu ired to protecmation data a orm their perf CONSEQUENCE City’s employwork implicat y e Alto (the “City” moting the quaCalifornia Pub ures to safegtion of person al governmennd reflected i ctices, includin.8(b), 1798.80 ovisions do nonner which pr he objective ooing protectio InfrastructureCity and rece The terms “Pfiable Informa defined in theeference. n its governme business with ng, without lim g the City’s wd/or authorize e Information gulations and ected, stored jectives of the ccess to the Case informatio e Information egal and regu ide the City’s ct the confidenare intended t formances to ES yees shall comtes access to ”) strives to p ality of life of tblic Records A uard the secuns, collected in nt agency. Thn federal and ng, without lim0(e), 1798.81 ot apply to locomotes the p of this Policy ion of the Pers e Informationaeiving service Personal Inforation” and “Pe e California C ental and pro or receive semitation, from website, and ped third-party collected by procedures, and utilized i e Policy are: ( City’s applicaon assets own provided to tulatory require staff and, ind ntiality and prto be covered the Policy sh mply with the the Informati romote and s these personsAct, California urity and privan the ordinary ese measured California law mitation, the p.5, 1798.82(e cal governmerivacy of pers is to describesonal Informa and Personales from the Ci rmation,” “Proersonally Iden Civil Code sec prietary capa ervices from thpersons appl persons who acontractors. T the City. The and industry in compliance (a) a safe, pro tions and datned by, or ent he City’s staffements. directly, third p ivacy of the Ind by the Policy ould they enj Policy in the ion referred to sustain a supe s, it is the pola Governmen acy of the pery course and es are generaws, the City’s provisions of Ce), 1798.83(e nt agencies lisonal informa e the City’s daation, Persona ly Identifying ity or a third p otected Criticantifying Inform ctions, referre acities, collect he City. The Ilying to receiv access other The City is co City acknowbest practice e with applica oductive, and tabases; (b) thtrusted to, the ff and third pa party contract nformation ofy and which w oy conditiona execution of o in this Polic InInforma erior quality o icy of the Citynt Code §§ 62 rsonal (includscope of con lly observed bs rules and re California Cive)(7), and 179 ike the City, tation, as reflec ata security goally Identifiabl Information oparty under co al Infrastructumation” (collec ed to above, a ts the Informa Information isve services p information pommitted to p ledges federaes are dedicat able laws. inoffensive w he appropriate City; (c) the arty contractor tors, which ar f the persons will be advised al access to th their official dcy. A failure to City of nformation Teation Security Pa 31 Janua of life for perso y, consistent w250 – 6270, to ding, without lnducting the C by federal, stagulations, an vil Code §§ 1798.92(c). Thou the City will cocted in federa oals and objele Information of persons doontract to the ure Informatioctively, the and are incorp ation pertainin s collected by rovided by th portals maintaprotecting the al and Califorted to ensurin work environm te maintenanccontrolled ac rs; and (d) fai re by contract whose persod by City staf hat informatio duties to the eo comply may Palo Alto chnology Services age 3 of 8 ary, 2013 ons in with the o take imitation,City’s ate and d 798.3(a),ugh onduct al and ectives, n, oingCity to on”, porated ng to a variety e City, ained by privacy nia laws, ng the ment for ce and ccess ithful t onalff to on. extenty result in DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Information PVersion 2.2 empl D)E In the Policexce “ISMasm accoform storawillc the reandh by th E)M This 2. RE A)R The Ccoord The Cpartyperfo Theand tin derespoinciddepaNon-inclu B)R Thedrawfor ainitiaplann addre Privacy Policy loyment and/o EXCEPTIONS e event that a cy, the employption request ”). The emplmay be reques ordance with gby the City A age, access, rconsult with th equest, the ehis or her sup he CIO, acting MUNICIPAL OR Policy will su SPONSIB RESPONSIBILIT CIO, acting bdinate the imp City’s employy contractors ormance of th ISM will be rethe effectivenetailed, auditaonsible for theents that arisartment-specif-Disclosure Ading, without RESPONSIBILIT Information Swn from the vall information tives and actining processe essed at the a y or legal conse a City employ yee may requt will be review oyee, with thested by the IS guidelines appAttorney. The P retention, usahe CIO to app xception requpervisor. The g by the ISM. RDINANCE persede any BILITIES O TY OF CIO AND y the ISM, wiplementation yees, in particunder contraceir job respon esponsible forness of the Poble technical e City’s IT enve in regard tofic policies angreements (Nlimitation, loc TY OF INFORMA Security Steerarious City desecurity efforivities. The ISes to ensure t appropriate C equences. ee cannot ful est an excepwed and adm e approval of M. The ISM w proved by thePolicy’s guide age, and proteprove or deny uest dispositioapproval of a City policy, ru OF CITY S D ISM ll establish anof information cular, softwarect to the City tnsibilities. r: (a) developolicy; (c) the drequirementsvironments; (o potential viond proceduresNDAs) signedcal or ‘cloud-b ATION SECURI ring Committepartments, wrts, including SSC will providthat informatio City departme ly comply with tion by submministered by t his or her suwill conduct a e City’s Chief elines will incl ection of the Ithe exception on will be comny request m ule, regulation STAFF n information n security me e application to provide ser ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third partybased’ softwa TY STEERING ee (the “ISSCwill provide thekey informatiode input to thon security ris nt level. h one or more itting Securitythe City’s Info pervisor, will a risk assessm Information Olude at a mini nformation idn request. Af mmunicated, imay be subjec n or procedur security maneasures by the users and darvices, shall b ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purvy contractorsare services to COMMITTEE ”), which is coe primary direon security ane informationsks are adequ InInforma e element(s) y Exception Rormation Secu provide any ament of the re Officer (“CIO”imum: purpos dentified in thefter due cons in writing, to tct to counterm re regarding i nagement frame City’s gove atabase usersby guided by cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po, which will pro the City. omprised of tection, prioritiznd privacy risn security anduately consid City of nformation Teation Security Pa 31 Janua described in Request.Theurity Manager additional infoquested exce ) and approvese, source, co e request. Theideration is gi the City emplomeasures esta nformation pr mework to initrnment. s, and, indirecthis Policy in ng compliancwill manifest ted by the persg security andapprovingolicy; and (f) rrovide service he City’s empzation and apsks, programs privacy stratered, assess Palo Alto chnology Services age 4 of 8 ary, 2013 this r (the ormation eption in ed as to ollection, e ISM iven to oyeeablished rivacy. tiate and ctly, third the ce with he Policy sons d privacy reviewing es, ployees,pprovals,tegiced and DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Information PVersion 2.2 C) R All auproce D) R The C City’scomp intern E)R The(NDA the Sexec controbjec by thoccu The Cappro 3. PR A) O TheInforby,ocontractivother The totherdesiginformcompmainconfithird B) P Exce doingpersoas a Privacy Policy RESPONSIBILIT uthorized useesses and tec RESPONSIBILIT City’s IT Man s networks, wpliance with th nal reporting RESPONSIBILIT ISM will ensuA), whenever Software as a cuted prior to t ractors. The Cctives, policie he ISM at planrred. CIO, acting bopriate, comm IVACY PO OVERVIEW Policy appliesmation of peror entrusted toractors underities include, r networks, sy term “informar related orgagned, implemmation assetspromise, and ntain informatidentiality, inteparties. PERSONAL INF ept as permitte g business wion has conselocal governm y TY OF USERS ers of the Infochnologies wi TY OF INFORMA agers, who a will be responshe City’s infor of events that TY OF AUTHOR ure that the Ciaccess to the Service (Saathe sharing of City’s approacs, processes nned intervals y the ISM, wimencing from OLICY s to activities rsons doing bo, the City andcontract to thwithout limitaystems, or de ation assets” aanizations whiented, and ms. The City’s sinappropriateion managemegrity, and av FORMATION AN ed or provide ith the City, oented to the Cment agency rmation will bithin the scop ATION TECHNO re responsibl sible for confirmation secur t may have co RIZATION COOR ity’s employeee Information aS) Security af the Informat ch to managin, and procedu s, or wheneve ll review and the date of it that involve tusiness with td will be madhe City to proation, accessinevices. also includes ile those assemaintained to estaff will act toe disclosure oment systems,vailability of its ND CHOICE d by applicab r receiving seCity’s sharing owith third par be responsiblee of responsi OLOGY (IT) MA e for internal, guring, maintrity and privac ompromised RDINATION es secure thewill be grante and Privacy Ttion of person ng informationures for inform er significant c recommend ts adoption. he use of thethe City or ree available tovide Softwareng the Interne the personal ets are under ensure that oo protect its inor alteration. T networks ans information ble laws, the C ervices from thof such informrties under co e for complyinibility of each ANAGERS , external, dir taining and secy policies. T network, syst e execution ofed to third par Terms and Cons covered by n security andmation securit changes to se changes to th e City’s informceiving servico the City’s eme as a Serviceet, using e-ma information othe City’s connly authorizenformation asThe City will pnd processes assets to the City will not sh he City, in viomation duringontract to the C InInforma ng with informuser. rect and indire ecuring the Chey are also tem or data s f Non-Disclosrty contractor onditions.Any this Policy w d its implemety) will be rev ecurity implem he Policy ann mation assets,ces from the Cmployees ande consulting sail, accessing of the City’s entrol. Securitd persons wilssets from theplan, design, in order to ase City’s emplo hare the Infor olation of this the conduct City to provid City of nformation Teation Security Pa 31 Janua mation privacy ect connection City’s IT networesponsible fo ecurity. sure Agreemers, in conjunct NDA must bewith third party entation (i.e. viewed indepe mentation hav nually, or as namely, the City, which ard third party services. Theg the City’s int employees anty measures wll enjoy acceseft, damage, limplement anssure the appoyees and aut rmation of any Policy, unlesof the City’s be services. Palo Alto chnology Services age 5 of 8 ary, 2013 y ns to the orks in or timely entstion with ey endently ve re owned setranet or nd any will be ss to the oss,ndropriate thorized y person ss that business DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Information PVersion 2.2 C) M The Ccolle businmay and wforma The Csite m City wthe In the bInter the ucomp theiron hi sites D) U In theDepa custoUtiliti applyother with Busin havemont residand/o the s Busin coveInfor E)P The couldunles F)A The C acceaffec Privacy Policy METHODS OF C City may gathction of such ness as a locabe gathered with other tecation in order City’s staff wimay use “coo will note that nternet Protoc browser softwnet address o user’s computpromise the u computers byis or her com . UTILITIES SERV e provision ofartment (“CPA omers. To theies Rules and y; provided, hrwise directed other City dep nesses and re e secure accethly utility usa dents with nonor billing data standard mon nesses and re red by the samation under PUBLIC DISCLO Information th d be incorporass such inform ACCESS TO PE City will take ss to that percted persons w y COLLECTION O her the Informinformation is al governmenat service win chnologies, whr to secure the ll inform the pkies” to custo a cookie contcol address o ware and operof the website ter by using thuser’s privacy y using any oputer, it will n VICE f utility serviceAU”) will colle e extent the md Regulations however, any d or approved partments ex esidents with ss through a age and billing n-standard or a provided to t thly billing. esidents with ame privacy pr applicable fe OSURE hat is collecte ated in a publmation is exem ERSONAL INFO reasonable s rson’s Informawho can revie OF PERSONAL mation from a s both necess nt agency in itndows and co herever the Ce City’s servic persons whosomize the brow tains unique iof the compute ating systemse from which t he City’s webor security. U of the widely aot prevent or es to personsect the Informa management or other ordi such Rules ad by the Coun cept as may b standard utili CPAU websig data. In add experimentathem through such non-sta rotections anederal and Ca ed by the City lic record thatmpt from disc ORMATION teps to verify ation. Each Cew and updat INFORMATION variety of sousary and appr ts governmenontact centers City may interaces. se Informationwsing experie information ther used to ac s used, the dathe user linke site do not cUsers can refu available methprohibit the u s located withiation in order of that informnances, rules and Regulationcil. 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SOFTWARE AS City may eng ces, common der to assure e who receiveSaaS services ider, shall desces and/or fu dentiality and se requiremenh the services ces provider’ding disaster itoring service“IT infrastruc puters, and da r to entering inces provider nt that the Saairements duri mptly inform th FAIR AND ACC U will requireage utility ser y NFIDENTIALITY ise provided bby this Policy e express writols that are de by this Policy horize the City rsons who do y will require only in further es aware of a spect to the Inance with app wn or suspecaction to be ION /INFORMA e and secure a hed by law, fo A SERVICE (S age third part nly known as the privacy a ed services fros provider and sign, install, purnishes good d privacy of th nts include infs are provided s operations recovery and es to ensure acture” refers to atabase man nto an agreemto complete a aS services png the course he ISM. URATE CREDIT utility customrvices to them Y AND NON-DIS by applicable as confidenti tten consent oesigned to pro . y’s employee business withthe City’s em rance of City- breach, or ha nformation of licable laws. cted breach, ttaken or the r ATION RETENTI all Information or seven (7) ye SAAS) OVERSI ty contractors Software-as- and security o om the City, ad its subcontr provide, and mds to the City, he Information formation secd to the City, and maintenad business co a secure and o the integrate agement dev ment to providand submit an provider reasoe of providing T TRANSACTIO mers to providm. SCLOSURE law or this Poial and will no of the personotect the conf and or third p h the City or rployee and/o -related busin as reasonable a person, theThe notice of he nature of tresponsive ac ION n for a period ears, and the GHT s and vendors a-Service (Sa of the Informa as a conditionractors, if any maintain a secto the extent n. curity directiveincluding con ance processontinuity plann reliable envired framework vices, upon wh de services ton Information onably determ services, the ON ACT OF 200 de their Inform olicy, the Cityot disclose it, n affected. 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In thosers to agree to th the Policy. a security bre d person of sate(s) or estim subject of the ed by law, or i will be schedu cation and da ness with the ervices to thecture service e it performs svices implicat infrastructurestems; (b) the IT environmeructure perfor ability to the Ction, data cen ate. will require theestionnaire. In e informationS services pro to initiate and Palo Alto chnology Services age 7 of 8 ary, 2013 ofd, to third aintainon of the use ach has suchmated e breach, if no led for atabase City and e City, s such tes the e, by e SaaS ent,rmance City. The ters, e SaaS n the n security ovider to d DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Information PVersion 2.2 Fede 108-credi and ipreve CPAwhen chan Ther §179 4. CO Info Chie Utili City Privacy Policy eral regulation 159), includinitor” which pro implement proent, respond U proceduresnever significa nges to CPAU e are Californ 98.92. ONTACTS rmation Secu ef Information ties Departm y Attorney’s O y ns, implement ng the Red Flaovides service ocedures for and mitigate s for potentialant changes t U identity theft nia laws which urity Manager n Officer: Rei ent:Auzenne Office: Kolling, ting the Fair a ag Rules, reqes in advance an identity thpotential iden identity theft to security im t procedures, h are applicab r: Patel, Raj < chental, Jona e, Tom <Tom Grant <Gran and Accurate quire that CPAe of payment eft program fontity theft of its will be reviewplementation or as approp ble to identity Raj.Patel@C athan <Jonath m.Auzenne@C nt.Kolling@Ci Credit Trans AU, as a “covand which ca for new and es customers’ wed independn have occurre priate, so as to y theft; they ar CityofPaloAlto han.Reichent CityofPaloAlto tyofPaloAlto.o InInforma sactions Act o ered financiaan affect cons existing accouInformation. dently by the ed. The ISM w o conform to re set forth in .org> tal@CityofPal o.org org> City of nformation Teation Security Pa 31 Janua of 2003 (Publi l institution orsumer credit, unts to detect, ISM annuallywill recomme this Policy. California Ci loAlto.org> Palo Alto chnology Services age 8 of 8 ary, 2013 c Law rdevelop , y or nd vil Code DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 1 of 3 ATTACHMENTE SOFTWAREASASERVICESECURITYANDPRIVACY TERMSANDCONDITIONS ThisExhibitshallbemadeapartoftheCityofPaloAlto’sProfessionalServicesAgreement oranyothercontractentered intobyandbetweentheCityofPaloAlto(the“City”)andHPCHeck&PartnerConsulting,Inc.,dba:HPCAmerica(the “Consultant”)fortheprovisionofSoftwareasaServicetotheCity(the“Agreement”). InordertoassuretheprivacyandsecurityofthepersonalinformationoftheCity’scustomersand peoplewhodobusinesswiththeCity,including,withoutlimitation,vendors,utilitycustomers,library patronsandotherindividualsandbusinesses,whoarerequiredtosharesuchinformationwiththe City,asaconditionofreceivingservicesfromtheCityorsellinggoodsandservicestotheCity, including,withoutlimitation,theSoftwareasaServiceservicesprovider(the“Consultant”)andits subcontractors,ifany,including,withoutlimitation,anyInformationTechnology(“IT”)infrastructure servicesprovider,shalldesign,install,provide,andmaintainasecureITenvironment,described below,whileitrendersandperformstheServicesandfurnishesgoods,ifany,describedinthe StatementofWork,ExhibitB,totheextentanyscopeofworkimplicatestheconfidentialityand privacyofthepersonalinformationoftheCity’scustomers.TheConsultantshallfulfillthedataand informationsecurityrequirements(the“Requirements”)setforthinPartAbelow. A“secureITenvironment”includes:(a)theITinfrastructure,bywhichtheServicesareprovidedto theCity,includingconnectiontotheCity'sITsystems;(b)theConsultant’soperationsand maintenanceprocessesneededtosupporttheenvironment,includingdisasterrecoveryandbusiness continuityplanning;and(c)theITinfrastructureperformancemonitoringservicestoensureasecure andreliableenvironmentandserviceavailabilitytotheCity.“ITinfrastructure”referstothe integratedframework,including,withoutlimitation,datacenters,computers,anddatabase managementdevices,uponwhichdigitalnetworksoperate. Intheeventthat,aftertheEffectiveDate,theConsultantreasonablydeterminesthatitcannotfulfill theRequirements,theConsultantshallpromptlyinformtheCityofitsdeterminationandsubmit,in writing,oneormorealternatecountermeasureoptionstotheRequirements(the“Alternate Requirements”assetforthinPartB),whichmaybeacceptedorrejectedinthereasonable satisfactionoftheInformationSecurityManager(the“ISM”). PartA.Requirements: TheConsultantshallatalltimesduringthetermofanycontractbetweentheCityandtheConsultant: (a) Appointordesignateanemployee,preferablyanexecutiveofficer,asthesecurityliaisonto DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 2 of 3 theCitywithrespecttotheServicestobeperformedunderthisAgreement. (b) ProvideafullandcompleteresponsetotheCity’sSupplierSecurityandPrivacyAssessment Questionnaire(the“Questionnaire”)totheISM,andalsoreportanymajornonͲconformance totheRequirements,asandwhenrequested.Theresponseshallincludeadetailed implementationplanofrequiredcountermeasures,whichtheCityrequirestheConsultantto adoptascountermeasuresintheperformanceoftheServices.Inaddition,asoftheannual anniversarydateofthisAgreementtheConsultantshallreporttotheCity,inwriting,any majorchangestotheITinfrastructure. (c) Haveadoptedandimplementedinformationsecurityandprivacypoliciesthatare documented,areaccessibletotheCityandconformtoISO27001/2–InformationSecurity ManagementSystems(ISMS)Standards.Seethefollowing: 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=50297 (d) Conductroutinedataandinformationsecuritycompliancetrainingofitspersonnelthatis appropriatetotheirrole. (e) DevelopandmaintaindetaileddocumentationoftheITinfrastructure,includingsoftware versionsandpatchlevels. (f) Developanindependentlyverifiableprocess,consistentwithindustrystandards,for performingprofessionalandcriminalbackgroundchecksofitsemployeesthat(1)would permitverificationofemployees’personalidentityandemploymentstatus,and(2)would enabletheimmediatedenialofaccesstotheCity'sconfidentialdataandinformationbyany ofitsemployeeswhonolongerwouldrequireaccesstothatinformationorwhoare terminated. (g)ProvidealistofITinfrastructurecomponentsinordertoverifywhethertheConsultanthas metorhasfailedtomeetanyobjectivetermsandconditions. (h) Implementaccessaccountability(identificationandauthentication)architectureandsupport roleͲbaseaccesscontrol(“RBAC”)andsegregationofduties(“SoD”)mechanismsforall personnel,systemsandsoftwareusedtoprovidetheServices.“RBAC”referstoacomputer systemssecurityapproachtorestrictingaccessonlytoauthorizedusers.“SoD”isanapproach thatwouldrequiremorethanoneindividualtocompleteasecuritytaskinordertopromote thedetectionandpreventionoffraudanderrors. (i) AssisttheCityinundertakingannuallyanassessmenttoassurethat:(1)allelementsofthe Services’environmentdesignanddeploymentareknowntotheCity,and(2)ithas implementedmeasuresinaccordancewithindustrybestpracticesapplicabletosecurecoding andsecureITarchitecture. (j) Provideandmaintainsecureintersystemcommunicationpathsthatwouldensurethe confidentiality,integrityandavailabilityoftheCity'sinformation. (k) DeployandmaintainITsystemupgrades,patchesandconfigurationsconformingtocurrent patchand/orreleaselevelsbynotlaterthanone(1)weekafteritsdateofrelease.Emergency securitypatchesmustbeinstalledwithin24hoursafteritsdateofrelease. (l) Provideforthetimelydetectionof,responseto,andthereportingofsecurityincidents, includingonͲgoingincidentmonitoringwithlogging. (m)NotifytheCitywithinone(1)hourofdetectingasecurityincidentthatresultsinthe unauthorizedaccesstoorthemisuseoftheCity'sconfidentialdataandinformation. DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 3 of 3 (n) InformtheCitythatanythirdpartyserviceprovider(s)meet(s)alloftheRequirements. (o)PerformsecurityselfͲauditsonaregularbasisandnotlessfrequentlythanonaquarterly basis,andprovidetherequiredsummaryreportsofthoseselfͲauditstotheISMontheannual anniversarydateoranyotherdateagreedtobytheParties. (p) Accommodate,aspracticable,anduponreasonablepriornoticebytheCity,theCity’s performanceofrandomsitesecurityauditsattheConsultant’ssite(s),includingthesite(s)ofa thirdpartyserviceprovider(s),asapplicable.Thescopeoftheseauditswillextendtothe Consultant’sanditsthirdpartyserviceprovider(s)’awarenessofsecuritypoliciesand practices,systemsconfigurations,accessauthenticationandauthorization,andincident detectionandresponse. (q)CooperatewiththeCitytoensurethattotheextentrequiredbyapplicablelaws,rulesand regulations,theConfidentialInformationwillbeaccessibleonlybytheConsultantandany authorizedthirdpartyserviceprovider’spersonnel. (r) Performregular,reliablesecuredbackupsofalldataneededtomaximizeavailabilityofthe Services. (s) MaintainrecordsrelatingtotheServicesforaperiodofthree(3)yearsaftertheexpirationor earlierterminationofthisAgreementandinamutuallyagreeablestoragemedium.Within thirty(30)daysaftertheeffectivedateofexpirationorearlierterminationofthisAgreement, allofthoserecordsrelatingtotheperformanceoftheServicesshallbeprovidedtotheISM. (t)MaintaintheConfidentialInformationinaccordancewithapplicablefederal,stateandlocal dataandinformationprivacylaws,rulesandregulations. (u) EncrypttheConfidentialInformationbeforedeliveringthesamebyelectronicmailtotheCity andoranyauthorizedrecipient. (v)UnlessotherwiseaddressedintheAgreement,shallnotholdtheCityliableforanydirect, indirectorpunitivedamageswhatsoeverincluding,withoutlimitation,damagesforlossof use,dataorprofits,arisingoutoforinanywayconnectedwiththeCity’sITenvironment, including,withoutlimitation,ITinfrastructurecommunications. PartB.AlternateRequirements: DocuSign Envelope ID: DA1335F4-DBA1-4309-976B-21D2D068D21E Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16161999 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TECHLINK SYSTEMS, INC. FOR PROFESSIONAL SERVICES “SAP PROFESSIONAL SERVICES APPLICATION MAINTENANCE SUPPORT” This Agreement No. C16161999 is entered into on this 1st day of January, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TECHLINK SYSTEMS, INC., a California corporation, with offices located at One Post Street, Suite 300, San Francisco, CA 94588, Telephone 415-732-7580 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to maintain its Enterprise Resource Planning Central Component System (“Project”) and desires to engage a consultant to supply temporary contractors to provide professional SAP application maintenance support in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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 described in Exhibit “A”, as one of several entities subject to a shared not-to-exceed compensation limit described more fully in Section 4. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 2 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2016 through December 31, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 2 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 3 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Alan Neal as engagement manager to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sudhir Aravindan, Information Technology Department, Enterprise Systems Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329- 2466. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 5 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 6 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 7 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 8 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx 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, incorporated by reference and may be 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: All printed materials provided by CCONSULTANT 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. 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 Division’s office. 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 9 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or Designee CONSULTANT: TECHLINK SYSTEMS, INC. By:___________________________ Name: Alan M. Neal Title: Senior Account Director Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” ON CALL TASK ORDER (SAMPLE) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E” IT SECURITY REQUIREMENTS 1) City’s Information Privacy Policy 2) City’s Security and Privacy Terms and Conditions DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx EXHIBIT “A” SCOPE OF SERVICES BACKGROUND The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support Consultant Services. The “City” sought application support services for its SAP ECC 6.0 - Enterprise Resource Planning Central Component System, ISU - Industry Solution for Public Sector, ISU/CCS-Industry Solution Utilities Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES - Utilities Customers eServices UCES Systems and Business Intelligence (BI) System. The most recent ECC 6.0 was upgraded in July 2008, ISU/CCS was implemented in May 2009, and BI was implemented in October 2009. The “City” is currently running the following SAP release versions: ECC 6.0: FI, FM, FA, CO, PS, PM, BCS, MM, HCM, PY (US), ESS/MSS, SD, WM ISU - Industry Solution for Public Sector ISU/CCS-Industry Solution Utilities Customer Care and Service System ISU CCS 6.0: BM,CS,DM and FICA CRM 6.0: ICweb UCES 6.0 BI 7.0 SCOPE OF SERVICES The vendor (CONSULTANT) is to provide 2nd level of SAP Support and Maintenance Consulting Services for configuration changes, master data setup, process design, system analysis, and integration for the following modules. Detail task will be scheduled and assigned by functional lead and SAP Enterprise Systems Manager on as-needed basis not to exceed allocated hours. Billing will be based on time and materials. Vendor must pre-screen all proposed candidates and perform reference checks in advance. (Please provide candidate pre-screening process). Vendor must perform a technical assessment for all proposed candidates in advance. (Please provide what the technical assessment consists of). Vendor must process all fingerprinting and confirm clearance for all proposed candidates in advance. This support would be in line with, but not limited to the following job descriptions: DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx AREAS OF FOCUS Areas of Business Operation where support and maintenance consulting is imperative to sustain business continuity, to improve efficiency and fine tune process. The Consultant facilitates the implementation and support of SAP modules to enhance the clients’ business functionality and overall performance, while maintaining a high degree of customer satisfaction. • SAP ABAP/4 - Technical Perform code review and single point of contact for all ABAP developments. Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs,Interface Programming, BDC, Workflow and Data Conversions. Ability to help resolve complex technical issues and independently manage Critical/complex situations. • SAP FI, CO, MM Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. • SAP HCM Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory Ability to analyze problems and provide clear recommendations • SAP Workflow Provide expertise in analyzing the business approval matrix and map the solution to the workflow developed objects. Experience in maintaining assignments to SAP relational objects along with the development of workflow tasks. Possess a strong understanding of the configuring of log events, the linking of change documents to events, the definition of reports for workflow, perform work item DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx analysis, and be able to perform configuration relating to workflow outlook box and task analysis. • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. Creating Users for Web UI and integration between ECC and CRM. • BI - Business Intelligence Support and Maintenance Redesigning BI Landscape to improve loading and Query performance Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system Creating custom reports and workbooks using BEx Analyzer Experience with developing data flows using APDs • IS – Utilities CCS IS-U CCS DM-Device Management Support and Maintenance Device and installation Meter reading optimization and fine tuning, including meter reading unit and scheduling, implausible reading results setting and estimate read activation IS-U CCS BM-Billing Management Support and Maintenance Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer consolidated Billing for Deregulated transactions Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial Preparing specification for Print workbench requirement for custom specific application form, to display unbundled billing with Power, Water and Sewer contracts and Rate information. IS-U CCS FICA-Contract account Support and Maintenance Configuring New Dunning Procedures and Dunning Levels with Dunning Activities Creating functional specifications for Reset Clearing, Payments, Dunning, Security Deposits, Automatic Clearing, and Clearing rules IS-U CCS CS-Customer Service Support and Maintenance Owner Allocation Move-in and Move-out Disconnect/Reconnect IS-U CCS WM-Work Management Support and Maintenance Service Notifications • UCES - Support and Maintenance Sustaining UCES Utility Customer E-Service • ERP- Core Support and Maintenance Consulting Planning production support activities for ERP Core activities DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 14 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx Identify change management opportunities and implement organizational solutions involving functional department efficiency improvement and workload balancing • SAP Basis Consulting SAP Solution Management evaluation and implementation SAP Enterprise portal architecture • SAP Data Base Administration Services Perform database restores or re-organization as required Create/refresh development/test/QA databases from production data as required New database and tool implementation and configuration as required Develop database backup scripts and processes as required Perform database Initiation Parameter modifications as required Perform database upgrades and patches as required Data integrity and corrections as required Problem identification of data integrity, errors, and omissions. Database performance monitoring, analysis, and Tuning as required New database/object creation as required Application of schema changes, e.g. creation, alteration, and deletion of tables and indices, compilation and dropping of stored procedures and triggers, etc. as required Establishing and maintaining database configuration and system parameters in a consistent manner across like database environments Execution of processes for the proper maintenance and functioning of databases, e.g. updating table/index statistics, dropping and rebuilding tables/indices, etc. Application Support Maintenance and Enhancement The CONSULTANT shall provide support for troubleshooting, problem resolution, maintenance, enhancements and support pack/enhancement pack upgrade services for the following application systems: SAP CRM Customer Relationship Management Module and ICWEB -Interactive Connection Center SAP UCES Utility Customer E-Services Module SAP ISU Industry Solution-Utility Modules: BM,CS,DM, FICA, WM SAP BI Business Intelligence Module SAP ESS/MSS,FI,HCM, PY(US),SD,FM,MM,PM,WM,PS,CO,BCS, FA The CONSULTANT shall be responsible for second-level Application support. (City will be responsible for first level support of the application). The CONSULTANT shall maintain information for each service request, including but not limited to, problem description, start and end dates/times, actual or potential root cause(s), corrective action taken, and future action required. The CONSULTANT shall provide support/change control application where all the work orders from City will be recorded, approved, tracked, and managed throughout the life cycle. The CONSULTANT shall develop and provide written Support request troubleshooting procedures for the system and application environment. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx The CONSULTANT shall work with City IT to provide monthly status reporting including, but not limited to, work orders analysis, actual hours usage, average cycle time, quality issues, and improvement recommendations. The CONSULTANT support shall be staffed between 6:00 a.m. PST to 6:00 p.m. PST weekdays, Monday through Friday, except for City holidays. The CONSULTANT shall provide a problem escalation process to ensure urgent problems are resolved according to Service Level Agreement The CONSULTANT shall provide a process to record after-hours problems for next day resolution. The CONSULTANT shall ensure that all software modifications and upgrades are deployed using the configuration management, documentation, and integration, and acceptance testing requirements as per each negotiated contract during the warranty period and licensing period. The CONSULTANT shall provide the appropriate technical resources (at agreed upon rates) to modify or enhance applications to ensure that the software continues to support City business requirements as per each negotiated contract during the warranty period and licensing period. The CONSULTANT shall perform application modification and upgrade activities (at agreed upon rates and travel expenses) assigned by City Employee in principle on site unless otherwise agreed to by City. The CONSULTANT shall provide justifiable resource and timeframe estimates for software design, development, testing, and deployment of all application modifications and upgrade requests within the time frame established in the SLA. The CONSULTANT shall begin and end each application modification and upgrade effort within the timeframe established in the SLA. The CONSULTANT shall make software patches found at other clients available to City at no charge. The CONSULTANT shall maintain source code version and release of software versions in accordance with City's configuration management standards during the life of the project and the warranty period. The CONSULTANT shall provide and maintain coding standards and quality control to ensure coding readability, performance, and sustainability. The CONSULTANT shall make proper resource arrangement to ensure support continuity during holiday seasons WORK MODEL Contract engagement with Vendor primarily is based on Labor Hour for each Approved Task Order. Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved by SAP PMO, providing supporting material such as task scope; objectives, cost estimate, resource planning, and schedule are available. CONSULTANT’s Account Executive will collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost closely. DELIVERABLES For each task order assigned, Consultant must follow CITY’s system design and development standards, to conduct the following tasks and produce deliverables: DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on as-needed basis Prepare functional specification, technical specification, testing plan, and training material Document configuration changes and process changes Others: Solution comparison, gap analysis, etc. PERFORMANCE MANAGEMENT The CONSULTANT shall develop procedures and tools for performance measurements including, but not limited to, the following: Quality of work: defect rate, re-work rate Response time Service fulfillment rate User Satisfaction ( City ) Service Level Summary Priority Definition Response Time After Provide Solution Target Resolution Time Escalation Path Emergency • Entire organization is affected. 1 hour 1 day 1 day Resolution > 2 day • Core business process cannot be carried out. Escalation path: tbd • Security violation. Critical • Multiple users or departments are directly affected. 4 hours 1 day 3 days Resolution > 2 day • Incident has serious impact on critical tasks and no workaround is available Escalation path: tbd • Customer affected. High • System cannot function as designed or installed. 1 day 3 days Requires resource estimation, City's approval, prioritization and scheduling • Small group of users are directly affected. • Compliance time line is affected DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx Medium • Small number of users are affected. 5 days 2-3 weeks Requires resource estimation, City's approval, prioritization and scheduling • Isolated incident. • Degraded performance and/or is difficult to use. Low • User requests general information, service or consultation. 5 days 4-6 weeks To be prioritized based on resource availability and cost • Cosmetic enhancements • Report enhancements CONSULTANT QUALIFICATION The CONSULTANT shall staff the support personnel with the following qualifications Must have a minimum of 5-8 years of experience configuring the SAP systems with a thorough understanding of the integration required with other relevant areas/modules in SAP or otherwise. Requires excellent communication, analytical, facilitation and negotiation skills, data/business process modeling, knowledge of competition, and industry happenings Ability to form, lead and/or be a participant in a cross functional team Superior level of attention to detail, time management, organization and problem solving skills with the ability to handle multiple projects and deadlines simultaneously. Demonstrates excellent requirements gathering and quality assurance testing skills, ensuring business needs are met. SAP certifications relevant to the position are preferred. Utilities Industry Business knowledge WARRANTIES The CONSULTANT warrants that all services provided under this contract shall meet all the business requirements and specifications herein for a period of ninety (90) days. The CONSULTANT shall make fixes for problems found during the agreed upon warranty period ninety (90) days at no additional cost to City. The CONSULTANT shall replace shall replace consultant within one week upon receiving City's written notification. Change of consultant reasons, including but not limited to Security violation DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx Communication deficiency Attendance Problem Failed to demonstrate professional Knowledge City’s discretion END OF SCOPE DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (SAMPLE) Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task order within the time specified below. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below upon the issuance of a task order within 1 week of receipt of the notice to proceed. Task Completion From NTP 1. Continuous On-Call Services December 31, 2018 DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx EXHIBIT “C-1” HOURLY RATE SCHEDULE TECHLINK SYSTEMS, INC. Expertise Labor Categories Regular Premium Hour Rate Hour Rate • SAP ABAP/4 - Technical • Perform code review and single point of contact for all ABAP developments. • Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs, Interface Programming, BDC, Workflow and Data Conversions. • Ability to help resolve complex technical issues Technical Consultant/Technical Analyst $119 $139 ************ SAP FI, CO, MM • Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. • Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems • Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. SAP HCM • Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. • Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory • Ability to analyze problems and provide clear recommendations Technical Consultant $119 $139 ************ BI - Business Intelligence Support and Maintenance • Redesigning BI Landscape to improve loading and Query performance • Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system • Creating custom reports and workbooks using BEx Analyzer • Experience with developing data flows using APDs Technical Analyst/Techno-fucntional Consultant $119 $139 ************ DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance • Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. • Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. • Creating Users for Web UI and integration between ECC and CRM. Management Consultant (Technical) $119 $139 ************ • IS – Utilities CCS • IS-U CCS DM (All IS-U) Technical Consultant (ABAP4/BOBJ) $129 $146 DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 21 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\TechLink - RRS\Contract\Working Docs\Contract C16161999 TechLink Systems Inc._Draft2.docx B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED 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 ISSUING COMPANY 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Info Release and Release Date Document Cl orma Version: e: assification: atioon P 1st 31 Ne Priva Release, Ver January, 201 eed to Know acy rsion 2.2 13 Pollicy ATTACHMENT EDocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Information P Version 2.2 CONTEN DOCUMENT CHANGE RE APPROVAL . DISTRIBUTIO 1. OBJE A) INTEN B) SCOP C) CONS D) EXCE E) MUNIC 2. RESP A) RESP B) RESP C) RESP D) RESP E) RESP 3. PRIVA A) OVER B) PERSO C) METH D) UTILIT E) PUBLI F) ACCE G) SECU H) DATA I) SOFTW J) FAIR A 4. CONT Privacy Policy TS CONTROLS... ECORD .......... ..................... ON ................ ECTIVE ........... NT .................. E .................. SEQUENCES.... PTIONS.......... CIPAL ORDINAN PONSIBILITIES ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ACY POLICY .. RVIEW ............ ONAL INFORMA ODS OF COLLE TIES SERVICE . C DISCLOSUR SS TO PERSON RITY, CONFIDE RETENTION / I WARE AS A SE AND ACCURAT TACTS ........... y ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... NCE ............... OF CITY STAF CIO AND ISM INFORMATION USERS ......... F INFORMATION F AUTHORIZATI ..................... ..................... ATION AND CH ECTION OF PER ..................... E ................... NAL INFORMAT ENTIALITY AND INFORMATION RVICE (SAAS) E CREDIT TRA ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... F ................... M .................... N SECURITY ST ..................... N TECHNOLOGY ON COORDINA ..................... ..................... OICE .............. RSONAL INFOR ..................... ..................... TION ............... NON-DISCLOS RETENTION ... ) OVERSIGHT .. ANSACTION ACT ..................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... TEERING COMM ...................... Y (IT) MANAGE ATION ............. ...................... ...................... ...................... RMATION ......... ...................... ...................... ...................... SURE ............. ...................... ...................... T OF 2003 (FA ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... MITTEE .......... ..................... ERS ............... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ACT) ............. ..................... InInforma ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... City of nformation Teation Security Pa 31 Janua ...................... ...................... ...................... ...................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ...................... Palo Alto chnology Services age 1 of 8 ary, 2013 ............ 2 ............ 2 ............ 2 ............ 2 ............ 3 ............ 3 ............ 3 ............ 3 ............ 3 ............ 4 ............ 4 ............ 4 ............ 4 ............ 4 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 6 ............ 6 ............ 6 ............ 6 ............ 7 ............ 7 ............ 7 ............ 8 DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Information P Version 2.2 DOCUME CHANGE APPROVA DISTRIBU Privacy Policy ENT CONT Documen Location Documen Documen Contributo E RECORD Date 12-Jul-12 26-Sep-12 09-Nov-12 19-Nov-12 22-Nov-12 26-Nov-12 6-Dec-12 14-Jan-13 31-Jan-13 VAL Date 06-Dec-12 06-Dec-12 06-Dec-12 14-Jan-13 14-Jan-13 UTION Name City of Pa Providers y TROLS nt Title nt Author nt Manager ors D AuthorRaj Pat2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat Raj Pat 3 Raj Pat 3 Raj Pat Name 2 Raj Pate 2 Jonatha 2 Tom Auz 3 Grant Ko 3 InformatSteering alo Alto Emplo , Residents a Informatio City of Pa Raj Patel Raj Patel Jonathan Joe Black r Versitel 0.01tel 1.0 tel 1.5 tel 1.6 tel 1.7 tel 1.8 tel 1.92 tel 2.0 tel 2.2 el n Reichental zenne olling tion Security g Committee oyees, Servic and Businesse on Privacy Po alo Alto Webs Reichental,kwell, Grant K on ChangFirst dFirst d Update Additio Revise Revise Reiche ReviseJonath Revise Grant Revisefrom In Comm Role InformaManag Techno CIO; InTechno Assista Utilities SeniorAttorne Office Sponso Lo ce es Cit Sh olicy ite and Share Shiva SwamKolling ge Referencedraft developedraft released ed first draft f onal updates ed table of co ed followed b ental and Tom ed according han Reichenta ed according Kolling ed according nformation Se mittee ation Securityger; Informatio ology Departm nformation ology Departm ant Director, s Department r Assistant Citey; City Attorn or ocation ty of Palo Alto harePoint InInforma ePoint minathan, Tom e ed for review for review as identified ontent y review from m Auzenne to commentsal to comments to recommenecurity Steeri Com y on ment Appr ment Appr t Appr ty ney’s Appr Appr o Website an City of nformation Teation Security Pa 31 Janua m Auzenne, m Jonathan s from s from ndations ng mments roved roved roved roved roved d Palo Alto chnology Services age 2 of 8 ary, 2013 DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Information P Version 2.2 1. O The C Palo provi approfinan businlocal indus1798 somebusin Califoto en Protebusin provi“Pers “Infoin thi A) I The C persoof me persothe C and spolic Infor The g all ussecu and scomp B) S The requinform confo C) C The Ctheir Privacy Policy Objective City of Palo A Alto. In promisions of the C opriate measncial) informat ness as a locaauthorities a stry best prac8.24, 1798.79 e of these proness in a man ornia laws. Thnsure the ong ected Critical ness with the ide services. sonally Identif rmation”) are s Policy by re INTENT City, acting in ons who do beans, includin ons accessingCity’s staff and security of theies, rules, reg mation is coll goals and obj sers having arity of databa security of thepliance with le SCOPE Policy will gu ired to protecmation data a orm their perf CONSEQUENCE City’s employwork implicat y e Alto (the “City” moting the quaCalifornia Pub ures to safegtion of person al governmennd reflected i ctices, includin.8(b), 1798.80 ovisions do nonner which pr he objective ooing protectio InfrastructureCity and rece The terms “Pfiable Informa defined in theeference. n its governme business with ng, without lim g the City’s wd/or authorize e Information gulations and ected, stored jectives of the ccess to the Case informatio e Information egal and regu ide the City’s ct the confidenare intended t formances to ES yees shall comtes access to ”) strives to p ality of life of tblic Records A uard the secuns, collected in nt agency. Thn federal and ng, without lim0(e), 1798.81 ot apply to locomotes the p of this Policy ion of the Pers e Informationaeiving service Personal Inforation” and “Pe e California C ental and pro or receive semitation, from website, and ped third-party collected by procedures, and utilized i e Policy are: ( City’s applicaon assets own provided to tulatory require staff and, ind ntiality and prto be covered the Policy sh mply with the the Informati romote and s these personsAct, California urity and privan the ordinary ese measured California law mitation, the p.5, 1798.82(e cal governmerivacy of pers is to describesonal Informa and Personales from the Ci rmation,” “Proersonally Iden Civil Code sec prietary capa ervices from thpersons appl persons who acontractors. T the City. The and industry in compliance (a) a safe, pro tions and datned by, or ent he City’s staffements. directly, third p ivacy of the Ind by the Policy ould they enj Policy in the ion referred to sustain a supe s, it is the pola Governmen acy of the pery course and es are generaws, the City’s provisions of Ce), 1798.83(e nt agencies lisonal informa e the City’s daation, Persona ly Identifying ity or a third p otected Criticantifying Inform ctions, referre acities, collect he City. The Ilying to receiv access other The City is co City acknowbest practice e with applica oductive, and tabases; (b) thtrusted to, the ff and third pa party contract nformation ofy and which w oy conditiona execution of o in this Polic InInforma erior quality o icy of the Citynt Code §§ 62 rsonal (includscope of con lly observed bs rules and re California Cive)(7), and 179 ike the City, tation, as reflec ata security goally Identifiabl Information oparty under co al Infrastructumation” (collec ed to above, a ts the Informa Information isve services p information pommitted to p ledges federaes are dedicat able laws. inoffensive w he appropriate City; (c) the arty contractor tors, which ar f the persons will be advised al access to th their official dcy. A failure to City of nformation Teation Security Pa 31 Janua of life for perso y, consistent w250 – 6270, to ding, without lnducting the C by federal, stagulations, an vil Code §§ 1798.92(c). Thou the City will cocted in federa oals and objele Information of persons doontract to the ure Informatioctively, the and are incorp ation pertainin s collected by rovided by th portals maintaprotecting the al and Califorted to ensurin work environm te maintenanccontrolled ac rs; and (d) fai re by contract whose persod by City staf hat informatio duties to the eo comply may Palo Alto chnology Services age 3 of 8 ary, 2013 ons in with the o take imitation, City’s ate and d 798.3(a), ugh onduct al and ectives, n, oing City to on”, porated ng to a variety e City, ained by privacy nia laws, ng the ment for ce and ccess ithful t onal ff to on. extent y result in DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Information P Version 2.2 empl D)E In the Policexce “ISMas m accoform storawill c the reand h by th E)M This 2. RE A)R The Ccoord The Cpartyperfo The and tin derespoinciddepa Non-inclu B)R The drawfor a initiaplann addre Privacy Policy loyment and/o EXCEPTIONS e event that a cy, the employption request ”). The emplmay be reques ordance with gby the City A age, access, rconsult with th equest, the ehis or her sup he CIO, acting MUNICIPAL OR Policy will su SPONSIB RESPONSIBILIT CIO, acting bdinate the imp City’s employy contractors ormance of th ISM will be rethe effectivenetailed, auditaonsible for theents that arisartment-specif -Disclosure Ading, without RESPONSIBILIT Information Swn from the vall information tives and actining processe essed at the a y or legal conse a City employ yee may requt will be review oyee, with thested by the IS guidelines appAttorney. The P retention, usahe CIO to app xception requpervisor. The g by the ISM. RDINANCE persede any BILITIES O TY OF CIO AND y the ISM, wiplementation yees, in particunder contraceir job respon esponsible forness of the Poble technical e City’s IT enve in regard tofic policies an greements (Nlimitation, loc TY OF INFORMA Security Steerarious City desecurity effor ivities. The ISes to ensure t appropriate C equences. ee cannot ful est an excepwed and adm e approval of M. The ISM w proved by thePolicy’s guide age, and proteprove or deny uest dispositioapproval of a City policy, ru OF CITY S D ISM ll establish anof information cular, softwarect to the City tnsibilities. r: (a) developolicy; (c) the drequirementsvironments; (o potential viond procedures NDAs) signedcal or ‘cloud-b ATION SECURI ring Committepartments, wrts, including SSC will providthat informatio City departme ly comply with tion by submministered by t his or her suwill conduct a e City’s Chief elines will incl ection of the Ithe exception on will be comny request m ule, regulation STAFF n information n security me e application to provide ser ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third partybased’ softwa TY STEERING ee (the “ISSCwill provide thekey informatio de input to thon security ris nt level. h one or more itting Securitythe City’s Info pervisor, will a risk assessm Information Olude at a mini nformation idn request. Af mmunicated, imay be subjec n or procedur security maneasures by the users and darvices, shall b ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purv y contractorsare services to COMMITTEE ”), which is coe primary direon security an e informationsks are adequ InInforma e element(s) y Exception Rormation Secu provide any ament of the re Officer (“CIO”imum: purpos dentified in thefter due cons in writing, to tct to counterm re regarding i nagement frame City’s gove atabase usersby guided by cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po , which will pro the City. omprised of tection, prioritiznd privacy ris n security anduately consid City of nformation Teation Security Pa 31 Janua described in Request.The urity Manager additional infoquested exce ) and approvese, source, co e request. Theideration is gi the City emplomeasures esta nformation pr mework to initrnment. s, and, indirecthis Policy in ng compliancwill manifest ted by the persg security andapproving olicy; and (f) r rovide service he City’s empzation and apsks, programs privacy stratered, assess Palo Alto chnology Services age 4 of 8 ary, 2013 this r (the ormation eption in ed as to ollection, e ISM iven to oyee ablished rivacy. tiate and ctly, third the ce with he Policy sons d privacy reviewing es, ployees, pproval s, tegic ed and DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Information P Version 2.2 C) R All auproce D) R The C City’scomp intern E) R The (NDA the Sexec controbjec by thoccu The Cappro 3. PR A) O The Infor by, ocontractivother The tother desiginformcompmainconfithird B) P Exce doingpersoas a Privacy Policy RESPONSIBILIT uthorized useesses and tec RESPONSIBILIT City’s IT Man s networks, wpliance with th nal reporting RESPONSIBILIT ISM will ensuA), whenever Software as a cuted prior to t ractors. The Cctives, policie he ISM at planrred. CIO, acting bopriate, comm IVACY PO OVERVIEW Policy appliesmation of per or entrusted toractors under ities include, r networks, sy term “informar related orga gned, implemmation assetspromise, and ntain informatidentiality, inteparties. PERSONAL INF ept as permitte g business wion has conselocal governm y TY OF USERS ers of the Infochnologies wi TY OF INFORMA agers, who a will be responshe City’s infor of events that TY OF AUTHOR ure that the Ciaccess to the Service (Saathe sharing of City’s approacs, processes nned intervals y the ISM, wimencing from OLICY s to activities rsons doing b o, the City andcontract to thwithout limitaystems, or de ation assets” aanizations whi ented, and ms. The City’s sinappropriateion managemegrity, and av FORMATION AN ed or provide ith the City, oented to the Cment agency rmation will bithin the scop ATION TECHNO re responsibl sible for confirmation secur t may have co RIZATION COOR ity’s employeee Information aS) Security af the Informat ch to managin, and procedu s, or wheneve ll review and the date of it that involve tusiness with t d will be madhe City to proation, accessinevices. also includes ile those asse maintained to estaff will act toe disclosure oment systems,vailability of its ND CHOICE d by applicab r receiving seCity’s sharing owith third par be responsiblee of responsi OLOGY (IT) MA e for internal, guring, maintrity and privac ompromised RDINATION es secure thewill be grante and Privacy Ttion of person ng informationures for inform er significant c recommend ts adoption. he use of thethe City or re e available tovide Softwareng the Interne the personal ets are under ensure that oo protect its inor alteration. 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Securit d persons wilssets from theplan, design, in order to ase City’s emplo hare the Infor olation of this the conduct City to provid City of nformation Teation Security Pa 31 Janua mation privacy ect connection City’s IT networesponsible fo ecurity. sure Agreemers, in conjunct NDA must bewith third party entation (i.e. viewed indepe mentation hav nually, or as namely, the City, which ar d third party services. Theg the City’s int employees anty measures w ll enjoy acceseft, damage, limplement anssure the appoyees and aut rmation of any Policy, unlesof the City’s be services. 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SOFTWARE AS City may eng ces, common der to assure e who receiveSaaS services ider, shall desces and/or fu dentiality and se requiremenh the services ces provider’ding disaster itoring service“IT infrastruc puters, and da r to entering inces provider nt that the Saairements duri mptly inform th FAIR AND ACC U will requireage utility ser y NFIDENTIALITY ise provided bby this Policy e express writols that are de by this Policy horize the City rsons who do y will require only in further es aware of a spect to the Inance with app wn or suspecaction to be ION / INFORMA e and secure a hed by law, fo A SERVICE (S age third part nly known as the privacy a ed services fros provider and sign, install, purnishes good d privacy of th nts include infs are provided s operations recovery and es to ensure acture” refers to atabase man nto an agreemto complete a aS services png the course he ISM. URATE CREDIT utility customrvices to them Y AND NON-DIS by applicable as confidenti tten consent oesigned to pro . y’s employee business withthe City’s em rance of City- breach, or ha nformation of licable laws. cted breach, ttaken or the r ATION RETENTI all Information or seven (7) ye SAAS) OVERSI ty contractors Software-as- and security o om the City, ad its subcontr provide, and mds to the City, he Information formation secd to the City, and maintenad business co a secure and o the integrate agement dev ment to providand submit an provider reasoe of providing T TRANSACTIO mers to providm. SCLOSURE law or this Poial and will no of the personotect the conf and or third p h the City or rployee and/o -related busin as reasonable a person, theThe notice of he nature of tresponsive ac ION n for a period ears, and the GHT s and vendors a-Service (Sa of the Informa as a conditionractors, if any maintain a secto the extent n. curity directiveincluding con ance processontinuity plann reliable envired framework vices, upon wh de services ton Information onably determ services, the ON ACT OF 200 de their Inform olicy, the Cityot disclose it, n affected. 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In thosers to agree to th the Policy. a security bre d person of sate(s) or estim subject of the ed by law, or i will be schedu cation and da ness with the ervices to thecture service e it performs svices implicat infrastructurestems; (b) the IT environmeructure perfor ability to the Ction, data cen ate. will require theestionnaire. In e informationS services pro to initiate and Palo Alto chnology Services age 7 of 8 ary, 2013 of d, to third aintain on of the use ach has such mated e breach, if no led for atabase City and e City, s such tes the e, by e SaaS ent, rmance City. The ters, e SaaS n the n security ovider to d DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Information P Version 2.2 Fede 108-credi and ipreve CPAwhen chan Ther § 179 4. CO Info Chie Utili City Privacy Policy eral regulation 159), includinitor” which pro implement proent, respond U proceduresnever significa nges to CPAU e are Californ 98.92. ONTACTS rmation Secu ef Information ties Departm y Attorney’s O y ns, implement ng the Red Flaovides service ocedures for and mitigate s for potentialant changes t U identity theft nia laws which urity Manager n Officer: Rei ent: Auzenne Office: Kolling, ting the Fair a ag Rules, reqes in advance an identity thpotential iden identity theft to security im t procedures, h are applicab r: Patel, Raj < chental, Jona e, Tom <Tom Grant <Gran and Accurate quire that CPAe of payment eft program fontity theft of its will be reviewplementation or as approp ble to identity Raj.Patel@C athan <Jonath m.Auzenne@C nt.Kolling@Ci Credit Trans AU, as a “covand which ca for new and es customers’ wed independn have occurre priate, so as to y theft; they ar CityofPaloAlto han.Reichent CityofPaloAlto tyofPaloAlto.o InInforma sactions Act o ered financiaan affect cons existing accouInformation. dently by the ed. The ISM w o conform to re set forth in .org> tal@CityofPal o.org org> City of nformation Teation Security Pa 31 Janua of 2003 (Publi l institution orsumer credit, unts to detect, ISM annuallywill recomme this Policy. California Ci loAlto.org> Palo Alto chnology Services age 8 of 8 ary, 2013 c Law r develop , y or nd vil Code DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 1 of 3 ATTACHMENT E SOFTWARE AS A SERVICE SECURITY AND PRIVACY TERMS AND CONDITIONS This Exhibit shall be made a part of the City of Palo Alto’s Professional Services Agreement or any other contract entered into by and between the City of Palo Alto (the “City”) and TechLink Systems Inc. (the “Consultant”) for the provision of Software as a Service to the City (the “Agreement”). 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 businesses, 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 DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 2 of 3 the City with respect to the Services to be performed under this Agreement. (b) Provide a full and complete response to the City’s Supplier Security and Privacy Assessment Questionnaire (the “Questionnaire”) to the ISM, and also report any major non‐conformance to the Requirements, as and when requested. The response shall include a detailed implementation plan of required countermeasures, which the City requires the Consultant to adopt as countermeasures in the performance of the Services. In addition, as of the annual anniversary date of this Agreement the Consultant shall report to the City, in writing, any major changes to the IT infrastructure. (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=50297 (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. (f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees’ personal identity and employment status, and (2) would 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‐base 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. DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 3 of 3 (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, 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 availability of the Services. (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. (v) 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. Part B. Alternate Requirements: DocuSign Envelope ID: 4CC61717-DAA2-4CF9-BF31-CAA82D117605 Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16162000 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND QUINTEL-MC, INC. FOR PROFESSIONAL SERVICES “SAP PROFESSIONAL SERVICES APPLICATION MAINTENANCE SUPPORT” This Agreement No. C16162000 is entered into on this 1st day of January, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and QUINTEL-MC, INC., a Colorado corporation, authorized to do business in California, with offices located at 5910 So. University Blvd, Suite C18-193, Greenwood Village, CO 80121, telephone 303-781-4771 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to maintain its Enterprise Resource Planning Central Component System (“Project”) and desires to engage a consultant to supply temporary contractors to provide professional SAP application maintenance support in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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 described in Exhibit “A”, as one of several entities subject to a shared not-to-exceed compensation limit described more fully in Section 4. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2016 through December 31, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 3E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Leslie Buttorff to have supervisory responsibility for the performance, progress, and execution of the Services and as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sudhir Aravindan, Information Technology Department, Enterprise Systems Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329- 2466. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 5E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 6E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 7E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 8E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx 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, incorporated by reference and may be 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: x All printed materials provided by CCONSULTANT 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. x 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 Division’s office. x 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 9E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: ____________________________City Manager APPROVED AS TO FORM: __________________________ City Attorney or Designee CONSULTANT: QUINTEL-MC, INC. By:___________________________ Name: Leslie Buttorff Title: CEO and President Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” ON CALL TASK ORDER (SAMPLE) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E” IT SECURITY REQUIREMENTS 1) City’s Information Privacy Policy 2) City’s Security and Privacy Terms and Conditions DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx EXHIBIT “A” SCOPE OF SERVICES BACKGROUND The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support Consultant Services. The “City” sought application support services for its SAP ECC 6.0 - Enterprise Resource Planning Central Component System, ISU - Industry Solution for Public Sector, ISU/CCS-Industry Solution Utilities Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES - Utilities Customers eServices UCES Systems and Business Intelligence (BI) System. The most recent ECC 6.0 was upgraded in July 2008, ISU/CCS was implemented in May 2009, and BI was implemented in October 2009. The “City” is currently running the following SAP release versions: ECC 6.0: FI, FM, FA, CO, PS, PM, BCS, MM, HCM, PY (US), ESS/MSS, SD, WM ISU - Industry Solution for Public Sector ISU/CCS-Industry Solution Utilities Customer Care and Service System ISU CCS 6.0: BM,CS,DM and FICA CRM 6.0: ICweb UCES 6.0 BI 7.0 SCOPE OF SERVICES The vendor (CONSULTANT) is to provide 2nd level of SAP Support and Maintenance Consulting Services for configuration changes, master data setup, process design, system analysis, and integration for the following modules. Detail task will be scheduled and assigned by functional lead and SAP Enterprise Systems Manager on as-needed basis not to exceed allocated hours. Billing will be based on time and materials. Vendor must pre-screen all proposed candidates and perform reference checks in advance. (Please provide candidate pre-screening process). Vendor must perform a technical assessment for all proposed candidates in advance. (Please provide what the technical assessment consists of). Vendor must process all fingerprinting and confirm clearance for all proposed candidates in advance. This support would be in line with, but not limited to the following job descriptions: DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx AREAS OF FOCUS Areas of Business Operation where support and maintenance consulting is imperative to sustain business continuity, to improve efficiency and fine tune process. The Consultant facilitates the implementation and support of SAP modules to enhance the clients’ business functionality and overall performance, while maintaining a high degree of customer satisfaction. • SAP ABAP/4 - Technical x Perform code review and single point of contact for all ABAP developments. x Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs,Interface Programming, BDC, Workflow and Data Conversions. x Ability to help resolve complex technical issues and independently manage Critical/complex situations. • SAP FI, CO, MM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. x Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems x Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. • SAP HCM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. x Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory x Ability to analyze problems and provide clear recommendations • SAP Workflow x Provide expertise in analyzing the business approval matrix and map the solution to the workflow developed objects. x Experience in maintaining assignments to SAP relational objects along with the development of workflow tasks. x Possess a strong understanding of the configuring of log events, the linking of change documents to events, the definition of reports for workflow, perform work item DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx analysis, and be able to perform configuration relating to workflow outlook box and task analysis. • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance x Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. x Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. x Creating Users for Web UI and integration between ECC and CRM. • BI - Business Intelligence Support and Maintenance x Redesigning BI Landscape to improve loading and Query performance x Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system x Creating custom reports and workbooks using BEx Analyzer x Experience with developing data flows using APDs • IS – Utilities CCS x IS-U CCS DM-Device Management Support and Maintenance Device and installation Meter reading optimization and fine tuning, including meter reading unit and scheduling, implausible reading results setting and estimate read activation x IS-U CCS BM-Billing Management Support and Maintenance Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer consolidated Billing for Deregulated transactions Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial Preparing specification for Print workbench requirement for custom specific application form, to display unbundled billing with Power, Water and Sewer contracts and Rate information. x IS-U CCS FICA-Contract account Support and Maintenance Configuring New Dunning Procedures and Dunning Levels with Dunning Activities Creating functional specifications for Reset Clearing, Payments, Dunning, Security Deposits, Automatic Clearing, and Clearing rules x IS-U CCS CS-Customer Service Support and Maintenance Owner Allocation Move-in and Move-out Disconnect/Reconnect x IS-U CCS WM-Work Management Support and Maintenance Service Notifications • UCES - Support and Maintenance x Sustaining UCES Utility Customer E-Service • ERP- Core Support and Maintenance Consulting x Planning production support activities for ERP Core activities DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 14 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx x Identify change management opportunities and implement organizational solutions involving functional department efficiency improvement and workload balancing • SAP Basis Consulting x SAP Solution Management evaluation and implementation x SAP Enterprise portal architecture • SAP Data Base Administration Services x Perform database restores or re-organization as required x Create/refresh development/test/QA databases from production data as required x New database and tool implementation and configuration as required x Develop database backup scripts and processes as required x Perform database Initiation Parameter modifications as required x Perform database upgrades and patches as required x Data integrity and corrections as required x Problem identification of data integrity, errors, and omissions. x Database performance monitoring, analysis, and Tuning as required x New database/object creation as required x Application of schema changes, e.g. creation, alteration, and deletion of tables and indices, compilation and dropping of stored procedures and triggers, etc. as required x Establishing and maintaining database configuration and system parameters in a consistent manner across like database environments x Execution of processes for the proper maintenance and functioning of databases, e.g. updating table/index statistics, dropping and rebuilding tables/indices, etc. Application Support Maintenance and Enhancement x The CONSULTANT shall provide support for troubleshooting, problem resolution, maintenance, enhancements and support pack/enhancement pack upgrade services for the following application systems: x SAP CRM Customer Relationship Management Module and ICWEB -Interactive Connection Center x SAP UCES Utility Customer E-Services Module x SAP ISU Industry Solution-Utility Modules: BM,CS,DM, FICA, WM SAP BI Business Intelligence Module x SAP ESS/MSS,FI,HCM, PY(US),SD,FM,MM,PM,WM,PS,CO,BCS, FA x The CONSULTANT shall be responsible for second-level Application support. (City will be responsible for first level support of the application). x The CONSULTANT shall maintain information for each service request, including but not limited to, problem description, start and end dates/times, actual or potential root cause(s), corrective action taken, and future action required. x The CONSULTANT shall provide support/change control application where all the work orders from City will be recorded, approved, tracked, and managed throughout the life cycle. x The CONSULTANT shall develop and provide written Support request troubleshooting procedures for the system and application environment. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx x The CONSULTANT shall work with City IT to provide monthly status reporting including, but not limited to, work orders analysis, actual hours usage, average cycle time, quality issues, and improvement recommendations. x The CONSULTANT support shall be staffed between 6:00 a.m. PST to 6:00 p.m. PST weekdays, Monday through Friday, except for City holidays. x The CONSULTANT shall provide a problem escalation process to ensure urgent problems are resolved according to Service Level Agreement x The CONSULTANT shall provide a process to record after-hours problems for next day resolution. x The CONSULTANT shall ensure that all software modifications and upgrades are deployed using the configuration management, documentation, and integration, and acceptance testing requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall provide the appropriate technical resources (at agreed upon rates) to modify or enhance applications to ensure that the software continues to support City business requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall perform application modification and upgrade activities (at agreed upon rates and travel expenses) assigned by City Employee in principle on site unless otherwise agreed to by City. x The CONSULTANT shall provide justifiable resource and timeframe estimates for software design, development, testing, and deployment of all application modifications and upgrade requests within the time frame established in the SLA. x The CONSULTANT shall begin and end each application modification and upgrade effort within the timeframe established in the SLA. x The CONSULTANT shall make software patches found at other clients available to City at no charge. x The CONSULTANT shall maintain source code version and release of software versions in accordance with City's configuration management standards during the life of the project and the warranty period. x The CONSULTANT shall provide and maintain coding standards and quality control to ensure coding readability, performance, and sustainability. x The CONSULTANT shall make proper resource arrangement to ensure support continuity during holiday seasons WORK MODEL Contract engagement with Vendor primarily is based on Labor Hour for each Approved Task Order. Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved by SAP PMO, providing supporting material such as task scope; objectives, cost estimate, resource planning, and schedule are available. CONSULTANT’s Account Executive will collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost closely. DELIVERABLES For each task order assigned, Consultant must follow CITY’s system design and development standards, to conduct the following tasks and produce deliverables: DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx x Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on as-needed basis x Prepare functional specification, technical specification, testing plan, and training material x Document configuration changes and process changes x Others: Solution comparison, gap analysis, etc. PERFORMANCE MANAGEMENT x The CONSULTANT shall develop procedures and tools for performance measurements including, but not limited to, the following: Quality of work: defect rate, re-work rate Response time Service fulfillment rate User Satisfaction ( City ) x Service Level Summary Priority Definition Response Time After Provide Solution Target Resolution Time Escalation Path Emergency • Entire organization is affected. 1 hour 1 day 1 day Resolution > 2 day • Core business process cannot be carried out. Escalation path: tbd • Security violation. Critical • Multiple users or departments are directly affected. 4 hours 1 day 3 days Resolution > 2 day • Incident has serious impact on critical tasks and no workaround is available Escalation path: tbd • Customer affected. High • System cannot function as designed or installed. 1 day 3 days Requiresresourceestimation, City's approval, prioritization and scheduling • Small group of users are directly affected. • Compliance time line is affected DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx Medium • Small number of users are affected. 5 days 2-3 weeks Requiresresource estimation, City's approval, prioritization and scheduling • Isolated incident. • Degraded performance and/or is difficult to use. Low • User requests general information, service or consultation. 5 days 4-6 weeks To be prioritized based on resourceavailability and cost • Cosmetic enhancements • Report enhancements CONSULTANT QUALIFICATION The CONSULTANT shall staff the support personnel with the following qualifications x Must have a minimum of 5-8 years of experience configuring the SAP systems with a thorough understanding of the integration required with other relevant areas/modules in SAP or otherwise. x Requires excellent communication, analytical, facilitation and negotiation skills, data/business process modeling, knowledge of competition, and industry happenings x Ability to form, lead and/or be a participant in a cross functional team x Superior level of attention to detail, time management, organization and problem solving skills with the ability to handle multiple projects and deadlines simultaneously. x Demonstrates excellent requirements gathering and quality assurance testing skills, ensuring business needs are met. x SAP certifications relevant to the position are preferred. x Utilities Industry Business knowledge WARRANTIES x The CONSULTANT warrants that all services provided under this contract shall meet all the business requirements and specifications herein for a period of ninety (90) days. x The CONSULTANT shall make fixes for problems found during the agreed upon warranty period ninety (90) days at no additional cost to City. x The CONSULTANT shall replace shall replace consultant within one week upon receiving City's written notification. Change of consultant reasons, including but not limited to x Security violation DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx x Communication deficiency x Attendance Problem x Failed to demonstrate professional Knowledge x City’s discretion END OF SCOPE DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (SAMPLE) Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task order within the time specified below. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below upon the issuance of a task order within 1 week of receipt of the notice to proceed. Task Completion From NTP 1. Continuous On-Call Services December 31, 2018 DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx EXHIBIT “C-1” HOURLY RATE SCHEDULE QUINTEL-MC, INC. Expertise Labor Categories On-Site Hour Rate ECC Functional Support Platinum Consultant $215 ECC Functional Support Senior Consultant $145 ECC Technical Support Platinum Consultant $205 ECC Technical Support Senior Consultant $125 CRB Functional Support Platinum Consultant $225 CRB Functional Support Senior Consultant $165 CRB Technical Support Platinum Consultant $205 CRB Technical Support Senior Consultant $155 Portal/ESS/MSS Platinum Consultant $205 BW Functional Support Platinum Consultant $195 BW Technical Support Platinum Consultant $165 BOBJ Functional Support Senior Consultant $185 BOBJ Technical Support Senior Consultant $165 Security Support Senior Consultant $170 Project Management Director $260 Change Mgmt. & Training Director $250 Change Mgmt. & Training Senior Consultant $195 Trainers Senior Consultant $145 Basis Consultant $145 DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Quintel - RR\Contract\Working Docs\Contract C16162000 Quintel-MC Inc._Draft1.docx B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Info Release and Release Date Document Cl orma Version: e: assification: atioon P 1st 31 Ne Priva Release, Ver January, 201 eed to Know acy rsion 2.2 13 Pollicy "55"$).&/5&DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 CONTEN DOCUMENT CHANGE RE APPROVAL. DISTRIBUTIO 1.OBJE A)INTEN B)SCOP C)CONS D)EXCE E)MUNIC 2.RESP A)RESP B)RESP C)RESP D)RESP E)RESP 3.PRIVA A)OVER B)PERSO C)METH D)UTILIT E)PUBLI F)ACCE G)SECU H)DATA I)SOFTW J)FAIRA 4.CONT Privacy Policy TS CONTROLS... ECORD .......... ..................... ON ................ ECTIVE........... NT .................. E .................. SEQUENCES.... PTIONS.......... CIPAL ORDINAN PONSIBILITIES ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ACY POLICY .. RVIEW ............ ONAL INFORMA ODS OF COLLE TIES SERVICE . C DISCLOSUR SS TO PERSON RITY,CONFIDE RETENTION /I WARE AS A SE AND ACCURAT TACTS ........... y ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... NCE............... OF CITY STAF CIO AND ISM INFORMATION USERS ......... F INFORMATION F AUTHORIZATI ..................... ..................... ATION AND CH ECTION OF PER ..................... E................... NAL INFORMAT ENTIALITY AND INFORMATION RVICE (SAAS) E CREDIT TRA ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... F ................... M .................... N SECURITY ST ..................... N TECHNOLOGY ON COORDINA ..................... ..................... OICE.............. RSONAL INFOR ..................... ..................... TION ............... NON-DISCLOS RETENTION ... )OVERSIGHT .. ANSACTION ACT ..................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... TEERING COMM ...................... Y (IT) MANAGE ATION ............. ...................... ...................... ...................... RMATION ......... ...................... ...................... ...................... SURE ............. ...................... ...................... T OF 2003 (FA ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... MITTEE .......... ..................... ERS ............... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ACT) ............. ..................... InInforma ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... City of nformation Teation Security Pa 31 Janua ...................... ...................... ...................... ...................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ...................... Palo Alto chnology Services age 1 of 8 ary, 2013 ............ 2 ............ 2 ............ 2 ............ 2 ............ 3 ............ 3 ............ 3 ............ 3 ............ 3 ............ 4 ............ 4 ............ 4 ............ 4 ............ 4 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 6 ............ 6 ............ 6 ............ 6 ............ 7 ............ 7 ............ 7 ............ 8 DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 DOCUME CHANGE APPROVA DISTRIBU Privacy Policy ENT CONT Documen Location Documen Documen Contributo E RECORD Date 12-Jul-12 26-Sep-12 09-Nov-12 19-Nov-12 22-Nov-12 26-Nov-12 6-Dec-12 14-Jan-13 31-Jan-13 VAL Date 06-Dec-12 06-Dec-12 06-Dec-12 14-Jan-13 14-Jan-13 UTION Name City of Pa Providers y TROLS nt Title nt Author nt Manager ors D AuthorRaj Pat2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat Raj Pat 3 Raj Pat 3 Raj Pat Name 2 Raj Pate 2 Jonatha 2 Tom Auz 3 Grant Ko 3 InformatSteering alo Alto Emplo , Residents a Informatio City of Pa Raj Patel Raj Patel Jonathan Joe Black r Versitel 0.01tel 1.0 tel 1.5 tel 1.6 tel 1.7 tel 1.8 tel 1.92 tel 2.0 tel 2.2 el n Reichental zenne olling tion Security g Committee oyees, Servic and Businesse on Privacy Po alo Alto Webs Reichental,kwell, Grant K on ChangFirst dFirst d Update Additio Revise Revise Reiche ReviseJonath Revise Grant Revisefrom In Comm Role InformaManag Techno CIO; InTechno Assista Utilities SeniorAttorne Office Sponso Lo ce es Cit Sh olicy ite and Share Shiva SwamKolling ge Referencedraft developedraft released ed first draft f onal updates ed table of co ed followed b ental and Tom ed according han Reichenta ed according Kolling ed according nformation Se mittee ation Securityger; Informatio ology Departm nformation ology Departm ant Director, s Department r Assistant Citey; City Attorn or ocation ty of Palo Alto harePoint InInforma ePoint minathan, Tom eedfor review for review as identified ontent y review from m Auzenne to commentsal to comments to recommenecurity Steeri Com yon ment Appr ment Appr t Appr tyney’s Appr Appr o Website an City of nformation Teation Security Pa 31 Janua m Auzenne, m Jonathan s from s from ndations ng mments roved roved roved roved roved d Palo Alto chnology Services age 2 of 8 ary, 2013 DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 1.O The C Paloprovi approfinan businlocal indus1798 somebusin Califoto en Protebusin provi“Pers “Infoin thi A) I The C persoof me persotheC and spolic Infor The g all ussecu and scomp B) S The requinform confo C) C The Ctheir Privacy Policy Objective City of Palo A Alto. In promisions of the C opriate measncial) informat ness as a locaauthorities a stry best prac8.24, 1798.79 e of these proness in a man ornia laws. Thnsure the ong ected Critical ness with the ide services. sonally Identif rmation”) are s Policy by re INTENT City, acting in ons who do beans, includin ons accessingCity’s staff and security of theies, rules, reg mation is coll goals and obj sers having arity of databa security of thepliance with le SCOPE Policy will gu ired to protecmation data a orm their perf CONSEQUENCE City’s employwork implicat y e Alto (the “City” moting the quaCalifornia Pub ures to safegtion of person al governmennd reflected i ctices, includin.8(b), 1798.80 ovisions do nonner which pr he objective ooing protectio InfrastructureCity and rece The terms “Pfiable Informa defined in theeference. n its governme business with ng, without lim g the City’s wd/or authorize e Information gulations and ected, stored jectives of the ccess to the Case informatio e Information egal and regu ide the City’s ct the confidenare intended t formances to ES yees shall comtes access to ”) strives to p ality of life of tblic Records A uard the secuns, collected in nt agency. Thn federal and ng, without lim0(e), 1798.81 ot apply to locomotes the p of this Policy ion of the Pers e Informationaeiving service Personal Inforation” and “Pe e California C ental and pro or receive semitation, from website, and ped third-party collected by procedures, and utilized i e Policy are: ( City’s applicaon assets own provided to tulatory require staff and, ind ntiality and prto be covered the Policy sh mply with the the Informati romote and s these personsAct, California urity and privan the ordinary ese measured California law mitation, the p.5, 1798.82(e cal governmerivacy of pers is to describesonal Informa and Personales from the Ci rmation,” “Proersonally Iden Civil Code sec prietary capa ervices from thpersons appl persons who acontractors. T the City. The and industry in compliance (a) a safe, pro tions and datned by, or ent he City’s staffements. directly, third p ivacy of the Ind by the Policy ould they enj Policy in the ion referred to sustain a supe s, it is the pola Governmen acy of the pery course and es are generaws, the City’s provisions of Ce), 1798.83(e nt agencies lisonal informa e the City’s daation, Persona ly Identifying ity or a third p otected Criticantifying Inform ctions, referre acities, collect he City. The Ilying to receiv access other The City is co City acknowbest practice e with applica oductive, and tabases; (b) thtrusted to, the ff and third pa party contract nformation ofy and which w oy conditiona execution of o in this Polic InInforma erior quality o icy of the Citynt Code §§ 62 rsonal (includscope of con lly observed bs rules and re California Cive)(7), and 179 ike the City, tation, as reflec ata security goally Identifiabl Information oparty under co al Infrastructumation” (collec ed to above, a ts the Informa Information isve services p information pommitted to p ledges federaes are dedicat able laws. inoffensive w he appropriate City; (c) the arty contractor tors, which ar f the persons will be advised al access to th their official dcy. A failure to City of nformation Teation Security Pa 31 Janua of life for perso y, consistent w250 – 6270, to ding, without lnducting the C by federal, stagulations, an vil Code §§ 1798.92(c). Thou the City will cocted in federa oals and objele Information of persons doontract to the ure Informatioctively, the and are incorp ation pertainin s collected by rovided by th portals maintaprotecting the al and Califorted to ensurin work environm te maintenanccontrolled ac rs; and (d) fai re by contract whose persod by City staf hat informatio duties to the eo comply may Palo Alto chnology Services age 3 of 8 ary, 2013 ons in with the o take imitation,City’s ate and d 798.3(a),ugh onduct al and ectives, n, oingCity to on”, porated ng to a variety e City, ained by privacy nia laws, ng the ment for ce and ccess ithful t onalff to on. extenty result in DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 empl D)E In the Policexce “ISMasm accoform storawillc the reandh by th E)M This 2. RE A)R The Ccoord The Cpartyperfo Theand tin derespoinciddepaNon-inclu B)R Thedrawfor ainitiaplann addre Privacy Policy loyment and/o EXCEPTIONS e event that a cy, the employption request ”). The emplmay be reques ordance with gby the City A age, access, rconsult with th equest, the ehis or her sup he CIO, acting MUNICIPAL OR Policy will su SPONSIB RESPONSIBILIT CIO, acting bdinate the imp City’s employy contractors ormance of th ISM will be rethe effectivenetailed, auditaonsible for theents that arisartment-specif-Disclosure Ading, without RESPONSIBILIT Information Swn from the vall information tives and actining processe essed at the a y or legal conse a City employ yee may requt will be review oyee, with thested by the IS guidelines appAttorney. The P retention, usahe CIO to app xception requpervisor. The g by the ISM. RDINANCE persede any BILITIES O TY OF CIO AND y the ISM, wiplementation yees, in particunder contraceir job respon esponsible forness of the Poble technical e City’s IT enve in regard tofic policies angreements (Nlimitation, loc TY OF INFORMA Security Steerarious City desecurity efforivities. The ISes to ensure t appropriate C equences. ee cannot ful est an excepwed and adm e approval of M. The ISM w proved by thePolicy’s guide age, and proteprove or deny uest dispositioapproval of a City policy, ru OF CITY S D ISM ll establish anof information cular, softwarect to the City tnsibilities. r: (a) developolicy; (c) the drequirementsvironments; (o potential viond proceduresNDAs) signedcal or ‘cloud-b ATION SECURI ring Committepartments, wrts, including SSC will providthat informatio City departme ly comply with tion by submministered by t his or her suwill conduct a e City’s Chief elines will incl ection of the Ithe exception on will be comny request m ule, regulation STAFF n information n security me e application to provide ser ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third partybased’ softwa TY STEERING ee (the “ISSCwill provide thekey informatiode input to thon security ris nt level. h one or more itting Securitythe City’s Info pervisor, will a risk assessm Information Olude at a mini nformation idn request. Af mmunicated, imay be subjec n or procedur security maneasures by the users and darvices, shall b ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purvy contractorsare services to COMMITTEE ”), which is coe primary direon security ane informationsks are adequ InInforma e element(s) y Exception Rormation Secu provide any ament of the re Officer (“CIO”imum: purpos dentified in thefter due cons in writing, to tct to counterm re regarding i nagement frame City’s gove atabase usersby guided by cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po, which will pro the City. omprised of tection, prioritiznd privacy risn security anduately consid City of nformation Teation Security Pa 31 Janua described in Request.Theurity Manager additional infoquested exce ) and approvese, source, co e request. Theideration is gi the City emplomeasures esta nformation pr mework to initrnment. s, and, indirecthis Policy in ng compliancwill manifest ted by the persg security andapprovingolicy; and (f) rrovide service he City’s empzation and apsks, programs privacy stratered, assess Palo Alto chnology Services age 4 of 8 ary, 2013 this r (the ormation eption in ed as to ollection, e ISM iven to oyeeablished rivacy. tiate and ctly, third the ce with he Policy sons d privacy reviewing es, ployees,pprovals,tegiced and DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 C) R All auproce D) R The C City’scomp intern E)R The(NDA the Sexec controbjec by thoccu The Cappro 3. PR A) O TheInforby,ocontractivother The totherdesiginformcompmainconfithird B) P Exce doingpersoas a Privacy Policy RESPONSIBILIT uthorized useesses and tec RESPONSIBILIT City’s IT Man s networks, wpliance with th nal reporting RESPONSIBILIT ISM will ensuA), whenever Software as a cuted prior to t ractors. The Cctives, policie he ISM at planrred. CIO, acting bopriate, comm IVACY PO OVERVIEW Policy appliesmation of peror entrusted toractors underities include, r networks, sy term “informar related orgagned, implemmation assetspromise, and ntain informatidentiality, inteparties. PERSONAL INF ept as permitte g business wion has conselocal governm y TY OF USERS ers of the Infochnologies wi TY OF INFORMA agers, who a will be responshe City’s infor of events that TY OF AUTHOR ure that the Ciaccess to the Service (Saathe sharing of City’s approacs, processes nned intervals y the ISM, wimencing from OLICY s to activities rsons doing bo, the City andcontract to thwithout limitaystems, or de ation assets” aanizations whiented, and ms. The City’s sinappropriateion managemegrity, and av FORMATION AN ed or provide ith the City, oented to the Cment agency rmation will bithin the scop ATION TECHNO re responsibl sible for confirmation secur t may have co RIZATION COOR ity’s employeee Information aS) Security af the Informat ch to managin, and procedu s, or wheneve ll review and the date of it that involve tusiness with td will be madhe City to proation, accessinevices. also includes ile those assemaintained to estaff will act toe disclosure oment systems,vailability of its ND CHOICE d by applicab r receiving seCity’s sharing owith third par be responsiblee of responsi OLOGY (IT) MA e for internal, guring, maintrity and privac ompromised RDINATION es secure thewill be grante and Privacy Ttion of person ng informationures for inform er significant c recommend ts adoption. he use of thethe City or ree available tovide Softwareng the Interne the personal ets are under ensure that oo protect its inor alteration. T networks ans information ble laws, the C ervices from thof such informrties under co e for complyinibility of each ANAGERS , external, dir taining and secy policies. T network, syst e execution ofed to third par Terms and Cons covered by n security andmation securit changes to se changes to th e City’s informceiving servico the City’s eme as a Serviceet, using e-ma information othe City’s connly authorizenformation asThe City will pnd processes assets to the City will not sh he City, in viomation duringontract to the C InInforma ng with informuser. rect and indire ecuring the Chey are also tem or data s f Non-Disclosrty contractor onditions.Any this Policy w d its implemety) will be rev ecurity implem he Policy ann mation assets,ces from the Cmployees ande consulting sail, accessing of the City’s entrol. Securitd persons wilssets from theplan, design, in order to ase City’s emplo hare the Infor olation of this the conduct City to provid City of nformation Teation Security Pa 31 Janua mation privacy ect connection City’s IT networesponsible fo ecurity. sure Agreemers, in conjunct NDA must bewith third party entation (i.e. viewed indepe mentation hav nually, or as namely, the City, which ard third party services. Theg the City’s int employees anty measures wll enjoy acceseft, damage, limplement anssure the appoyees and aut rmation of any Policy, unlesof the City’s be services. Palo Alto chnology Services age 5 of 8 ary, 2013 y ns to the orks in or timely entstion with ey endently ve re owned setranet or nd any will be ss to the oss,ndropriate thorized y person ss that business DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 C) M The Ccolle businmay and wforma The Csite m City wthe In the bInter the ucomp theiron hi sites D) U In theDepa custoUtiliti applyother with Busin havemont residand/o the s Busin coveInfor E)P The couldunles F)A The C acceaffec Privacy Policy METHODS OF C City may gathction of such ness as a locabe gathered with other tecation in order City’s staff wimay use “coo will note that nternet Protoc browser softwnet address o user’s computpromise the u computers byis or her com . UTILITIES SERV e provision ofartment (“CPA omers. To theies Rules and y; provided, hrwise directed other City dep nesses and re e secure accethly utility usa dents with nonor billing data standard mon nesses and re red by the samation under PUBLIC DISCLO Information th d be incorporass such inform ACCESS TO PE City will take ss to that percted persons w y COLLECTION O her the Informinformation is al governmenat service win chnologies, whr to secure the ll inform the pkies” to custo a cookie contcol address o ware and operof the website ter by using thuser’s privacy y using any oputer, it will n VICE f utility serviceAU”) will colle e extent the md Regulations however, any d or approved partments ex esidents with ss through a age and billing n-standard or a provided to t thly billing. esidents with ame privacy pr applicable fe OSURE hat is collecte ated in a publmation is exem ERSONAL INFO reasonable s rson’s Informawho can revie OF PERSONAL mation from a s both necess nt agency in itndows and co herever the Ce City’s servic persons whosomize the brow tains unique iof the compute ating systemse from which t he City’s webor security. U of the widely aot prevent or es to personsect the Informa management or other ordi such Rules ad by the Coun cept as may b standard utili CPAU websig data. In add experimentathem through such non-sta rotections anederal and Ca ed by the City lic record thatmpt from disc ORMATION teps to verify ation. Each Cew and updat INFORMATION variety of sousary and appr ts governmenontact centers City may interaces. se Informationwsing experie information ther used to ac s used, the dathe user linke site do not cUsers can refu available methprohibit the u s located withiation in order of that informnances, rules and Regulationcil. This inclu be required b ity meters and te to their Infodition to their r l electric, wat non-City elec andard or exp d personal inalifornia laws. in the ordina t may be subjclosure to the a person’s id City departmente that informa urces and resropriate in ord ntal and proprs as well as a act with perso n are coveredence with the hat a web siteccess the City ate and time ed to the City’s contain the Infuse the cooki hods. If the ususer from gain in Palo Alto, tr to initiate an mation is not ss, regulations ns must confudes the shar by law. d/or having n ormation, inclregular month ter or natural ctronic portal perimental me nformation exc ry course and ject to inspecpublic by Ca dentity before nt that collectation at reaso InInforma sources, provder for the Cit rietary capaciat web sites, b ons who need d by this Police City of Palo A e can use to try’s web sites, a user accesss web sites. C formation, andies or delete t ser chooses nning access t the City of Pad manage uti specifically ad or procedure form to this Poring of CPAU- on-metered m luding, withouhly utilities bil gas meters ms at different etering will ha change rules d scope of co ction and copyalifornia law. e the City will g ts Informationonable times. City of nformation Teation Security Pa 31 Janua ided that the ty to conduct ties. That infby mobile app d to share suc cy that the CitAlto web site rack, among othe identificat sed the site, aCookies creat d thus do notthe cookie file not to accept to or using the alo Alto Utilitieility services t ddressed in thes, this Policy olicy, unless -collected Info monthly servic ut limitation, thling, business may have theiintervals than ave their Inform applicable to onducting its b ying by the pu grant anyone n will afford ac Palo Alto chnology Services age 6 of 8 ary, 2013 formation plications, ch ty’s web . The others,tion of and the ted on tes from a cookie e City’s esto hey will ormation ces will heirses and ir usage n with mation o business ublic, e online ccess to DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 G) S Exceperso partiereaso perso The C Inforinsta such If the occubreac date(and t H) D The C periodestr I)S The C servi In ord thosetheS proviservi confi Theswhic serviinclu moniterm comp Priorservi evenrequ prom J)F CPAmana Privacy Policy SECURITY,CO ept as otherwions covered b es without theonable contro ons covered b City may auth mation of pernces, the City Information o e City become rred, with resch in accorda (s) of the knowthe proposed DATA RETENTI City will store od is establishruction. SOFTWARE AS City may eng ces, common der to assure e who receiveSaaS services ider, shall desces and/or fu dentiality and se requiremenh the services ces provider’ding disaster itoring service“IT infrastruc puters, and da r to entering inces provider nt that the Saairements duri mptly inform th FAIR AND ACC U will requireage utility ser y NFIDENTIALITY ise provided bby this Policy e express writols that are de by this Policy horize the City rsons who do y will require only in further es aware of a spect to the Inance with app wn or suspecaction to be ION /INFORMA e and secure a hed by law, fo A SERVICE (S age third part nly known as the privacy a ed services fros provider and sign, install, purnishes good d privacy of th nts include infs are provided s operations recovery and es to ensure acture” refers to atabase man nto an agreemto complete a aS services png the course he ISM. URATE CREDIT utility customrvices to them Y AND NON-DIS by applicable as confidenti tten consent oesigned to pro . y’s employee business withthe City’s em rance of City- breach, or ha nformation of licable laws. cted breach, ttaken or the r ATION RETENTI all Information or seven (7) ye SAAS) OVERSI ty contractors Software-as- and security o om the City, ad its subcontr provide, and mds to the City, he Information formation secd to the City, and maintenad business co a secure and o the integrate agement dev ment to providand submit an provider reasoe of providing T TRANSACTIO mers to providm. SCLOSURE law or this Poial and will no of the personotect the conf and or third p h the City or rployee and/o -related busin as reasonable a person, theThe notice of he nature of tresponsive ac ION n for a period ears, and the GHT s and vendors a-Service (Sa of the Informa as a conditionractors, if any maintain a secto the extent n. curity directiveincluding con ance processontinuity plann reliable envired framework vices, upon wh de services ton Information onably determ services, the ON ACT OF 200 de their Inform olicy, the Cityot disclose it, n affected. Thefidentiality and party contrac receive servicor the third pa ness and in ac e grounds to e City will notiff breach will in the Informatioction taken by d of time as m ereafter such i s to provide s aaS). ation of those n of selling goy, including an cure IT envirot any scope of es pertaining nnection to th es needed toning; and (c) t ronment and k, including, w hich digital ne o the City, theSecurity and mines that it cae City will requ 03 mation in orde InInforma y will treat theor permit it to e City will devd security of t ctors to acces ces from the Crty contractor ccordance wit believe that a fy the affectenclude the da on that is the y the City. may be require information w software appli who do busin oods and/or sny IT infrastru onment, whilef work or serv to: (a) the IT e City's IT sy o support the the IT infrastr service availawithout limitat etworks opera e City’s staff w Privacy Que annot fulfill thuire the SaaS er for the City City of nformation Teation Security Pa 31 Janua e Information oo be disclosed velop and mathe Informatio s and/or use City. In thosers to agree to th the Policy. a security bre d person of sate(s) or estim subject of the ed by law, or i will be schedu cation and da ness with the ervices to thecture service e it performs svices implicat infrastructurestems; (b) the IT environmeructure perfor ability to the Ction, data cen ate. will require theestionnaire. In e informationS services pro to initiate and Palo Alto chnology Services age 7 of 8 ary, 2013 ofd, to third aintainon of the use ach has suchmated e breach, if no led for atabase City and e City, s such tes the e, by e SaaS ent,rmance City. The ters, e SaaS n the n security ovider to d DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Information PVersion 2.2 Fede 108-credi and ipreve CPAwhen chan Ther §179 4. CO Info Chie Utili City Privacy Policy eral regulation 159), includinitor” which pro implement proent, respond U proceduresnever significa nges to CPAU e are Californ 98.92. ONTACTS rmation Secu ef Information ties Departm y Attorney’s O y ns, implement ng the Red Flaovides service ocedures for and mitigate s for potentialant changes t U identity theft nia laws which urity Manager n Officer: Rei ent:Auzenne Office: Kolling, ting the Fair a ag Rules, reqes in advance an identity thpotential iden identity theft to security im t procedures, h are applicab r: Patel, Raj < chental, Jona e, Tom <Tom Grant <Gran and Accurate quire that CPAe of payment eft program fontity theft of its will be reviewplementation or as approp ble to identity Raj.Patel@C athan <Jonath m.Auzenne@C nt.Kolling@Ci Credit Trans AU, as a “covand which ca for new and es customers’ wed independn have occurre priate, so as to y theft; they ar CityofPaloAlto han.Reichent CityofPaloAlto tyofPaloAlto.o InInforma sactions Act o ered financiaan affect cons existing accouInformation. dently by the ed. The ISM w o conform to re set forth in .org> tal@CityofPal o.org org> City of nformation Teation Security Pa 31 Janua of 2003 (Publi l institution orsumer credit, unts to detect, ISM annuallywill recomme this Policy. California Ci loAlto.org> Palo Alto chnology Services age 8 of 8 ary, 2013 c Law rdevelop , y or nd vil Code DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 1 of 3 ATTACHMENTE SOFTWAREASASERVICESECURITYANDPRIVACY TERMSANDCONDITIONS ThisExhibitshallbemadeapartoftheCityofPaloAlto’sProfessionalServicesAgreement oranyothercontractentered intobyandbetweentheCityofPaloAlto(the“City”)andQuintelͲMCInc.(the“Consultant”)fortheprovisionofSoftware asaServicetotheCity(the“Agreement”). InordertoassuretheprivacyandsecurityofthepersonalinformationoftheCity’scustomersand peoplewhodobusinesswiththeCity,including,withoutlimitation,vendors,utilitycustomers,library patronsandotherindividualsandbusinesses,whoarerequiredtosharesuchinformationwiththe City,asaconditionofreceivingservicesfromtheCityorsellinggoodsandservicestotheCity, including,withoutlimitation,theSoftwareasaServiceservicesprovider(the“Consultant”)andits subcontractors,ifany,including,withoutlimitation,anyInformationTechnology(“IT”)infrastructure servicesprovider,shalldesign,install,provide,andmaintainasecureITenvironment,described below,whileitrendersandperformstheServicesandfurnishesgoods,ifany,describedinthe StatementofWork,ExhibitB,totheextentanyscopeofworkimplicatestheconfidentialityand privacyofthepersonalinformationoftheCity’scustomers.TheConsultantshallfulfillthedataand informationsecurityrequirements(the“Requirements”)setforthinPartAbelow. A“secureITenvironment”includes:(a)theITinfrastructure,bywhichtheServicesareprovidedto theCity,includingconnectiontotheCity'sITsystems;(b)theConsultant’soperationsand maintenanceprocessesneededtosupporttheenvironment,includingdisasterrecoveryandbusiness continuityplanning;and(c)theITinfrastructureperformancemonitoringservicestoensureasecure andreliableenvironmentandserviceavailabilitytotheCity.“ITinfrastructure”referstothe integratedframework,including,withoutlimitation,datacenters,computers,anddatabase managementdevices,uponwhichdigitalnetworksoperate. Intheeventthat,aftertheEffectiveDate,theConsultantreasonablydeterminesthatitcannotfulfill theRequirements,theConsultantshallpromptlyinformtheCityofitsdeterminationandsubmit,in writing,oneormorealternatecountermeasureoptionstotheRequirements(the“Alternate Requirements”assetforthinPartB),whichmaybeacceptedorrejectedinthereasonable satisfactionoftheInformationSecurityManager(the“ISM”). PartA.Requirements: TheConsultantshallatalltimesduringthetermofanycontractbetweentheCityandtheConsultant: (a) Appointordesignateanemployee,preferablyanexecutiveofficer,asthesecurityliaisonto DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 2 of 3 theCitywithrespecttotheServicestobeperformedunderthisAgreement. (b) ProvideafullandcompleteresponsetotheCity’sSupplierSecurityandPrivacyAssessment Questionnaire(the“Questionnaire”)totheISM,andalsoreportanymajornonͲconformance totheRequirements,asandwhenrequested.Theresponseshallincludeadetailed implementationplanofrequiredcountermeasures,whichtheCityrequirestheConsultantto adoptascountermeasuresintheperformanceoftheServices.Inaddition,asoftheannual anniversarydateofthisAgreementtheConsultantshallreporttotheCity,inwriting,any majorchangestotheITinfrastructure. (c) Haveadoptedandimplementedinformationsecurityandprivacypoliciesthatare documented,areaccessibletotheCityandconformtoISO27001/2–InformationSecurity ManagementSystems(ISMS)Standards.Seethefollowing: 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=50297 (d) Conductroutinedataandinformationsecuritycompliancetrainingofitspersonnelthatis appropriatetotheirrole. (e) DevelopandmaintaindetaileddocumentationoftheITinfrastructure,includingsoftware versionsandpatchlevels. (f) Developanindependentlyverifiableprocess,consistentwithindustrystandards,for performingprofessionalandcriminalbackgroundchecksofitsemployeesthat(1)would permitverificationofemployees’personalidentityandemploymentstatus,and(2)would enabletheimmediatedenialofaccesstotheCity'sconfidentialdataandinformationbyany ofitsemployeeswhonolongerwouldrequireaccesstothatinformationorwhoare terminated. (g)ProvidealistofITinfrastructurecomponentsinordertoverifywhethertheConsultanthas metorhasfailedtomeetanyobjectivetermsandconditions. (h) Implementaccessaccountability(identificationandauthentication)architectureandsupport roleͲbaseaccesscontrol(“RBAC”)andsegregationofduties(“SoD”)mechanismsforall personnel,systemsandsoftwareusedtoprovidetheServices.“RBAC”referstoacomputer systemssecurityapproachtorestrictingaccessonlytoauthorizedusers.“SoD”isanapproach thatwouldrequiremorethanoneindividualtocompleteasecuritytaskinordertopromote thedetectionandpreventionoffraudanderrors. (i) AssisttheCityinundertakingannuallyanassessmenttoassurethat:(1)allelementsofthe Services’environmentdesignanddeploymentareknowntotheCity,and(2)ithas implementedmeasuresinaccordancewithindustrybestpracticesapplicabletosecurecoding andsecureITarchitecture. (j) Provideandmaintainsecureintersystemcommunicationpathsthatwouldensurethe confidentiality,integrityandavailabilityoftheCity'sinformation. (k) DeployandmaintainITsystemupgrades,patchesandconfigurationsconformingtocurrent patchand/orreleaselevelsbynotlaterthanone(1)weekafteritsdateofrelease.Emergency securitypatchesmustbeinstalledwithin24hoursafteritsdateofrelease. (l) Provideforthetimelydetectionof,responseto,andthereportingofsecurityincidents, includingonͲgoingincidentmonitoringwithlogging. (m)NotifytheCitywithinone(1)hourofdetectingasecurityincidentthatresultsinthe unauthorizedaccesstoorthemisuseoftheCity'sconfidentialdataandinformation. DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 3 of 3 (n) InformtheCitythatanythirdpartyserviceprovider(s)meet(s)alloftheRequirements. (o)PerformsecurityselfͲauditsonaregularbasisandnotlessfrequentlythanonaquarterly basis,andprovidetherequiredsummaryreportsofthoseselfͲauditstotheISMontheannual anniversarydateoranyotherdateagreedtobytheParties. (p) Accommodate,aspracticable,anduponreasonablepriornoticebytheCity,theCity’s performanceofrandomsitesecurityauditsattheConsultant’ssite(s),includingthesite(s)ofa thirdpartyserviceprovider(s),asapplicable.Thescopeoftheseauditswillextendtothe Consultant’sanditsthirdpartyserviceprovider(s)’awarenessofsecuritypoliciesand practices,systemsconfigurations,accessauthenticationandauthorization,andincident detectionandresponse. (q)CooperatewiththeCitytoensurethattotheextentrequiredbyapplicablelaws,rulesand regulations,theConfidentialInformationwillbeaccessibleonlybytheConsultantandany authorizedthirdpartyserviceprovider’spersonnel. (r) Performregular,reliablesecuredbackupsofalldataneededtomaximizeavailabilityofthe Services. (s) MaintainrecordsrelatingtotheServicesforaperiodofthree(3)yearsaftertheexpirationor earlierterminationofthisAgreementandinamutuallyagreeablestoragemedium.Within thirty(30)daysaftertheeffectivedateofexpirationorearlierterminationofthisAgreement, allofthoserecordsrelatingtotheperformanceoftheServicesshallbeprovidedtotheISM. (t)MaintaintheConfidentialInformationinaccordancewithapplicablefederal,stateandlocal dataandinformationprivacylaws,rulesandregulations. (u) EncrypttheConfidentialInformationbeforedeliveringthesamebyelectronicmailtotheCity andoranyauthorizedrecipient. (v)UnlessotherwiseaddressedintheAgreement,shallnotholdtheCityliableforanydirect, indirectorpunitivedamageswhatsoeverincluding,withoutlimitation,damagesforlossof use,dataorprofits,arisingoutoforinanywayconnectedwiththeCity’sITenvironment, including,withoutlimitation,ITinfrastructurecommunications. PartB.AlternateRequirements: DocuSign Envelope ID: ACAFF911-C8B6-40AA-AAC6-1EF6F48C520A Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16162001 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND DGN TECHNOLOGIES, INC. FOR PROFESSIONAL SERVICES “SAP PROFESSIONAL SERVICES APPLICATION MAINTENANCE SUPPORT” This Agreement No. C16162001 is entered into on this 1st day of January, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and DGN TECHNOLOGIES, INC., a California corporation, with offices located at 46500 Fremont Blvd., Suite 708, Fremont, CA 94538, Telephone 510-396-9972 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to maintain its Enterprise Resource Planning Central Component System (“Project”) and desires to engage a consultant to supply temporary contractors to provide professional SAP application maintenance support in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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 described in Exhibit “A”, as one of several entities subject to a shared not-to-exceed compensation limit described more fully in Section 4. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2016 through December 31, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 3E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Praveer Punera to have supervisory responsibility for the performance, progress, and execution of the Services and as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sudhir Aravindan, Information Technology Department, Enterprise Systems Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329- 2466. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 5E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. 18.3. Certificates evidencing such insurance shall be filed with CITY DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 6E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 7E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 8E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be 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: x All printed materials provided by CCONSULTANT 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. x 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 Division’s office. x 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 9E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: ____________________________City Manager APPROVED AS TO FORM: __________________________ City Attorney or Designee CONSULTANT: DGN TECHNOLOGIES, INC. By:___________________________ Name: Ranvir Singh Title: President Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” ON CALL TASK ORDER (SAMPLE) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E” IT SECURITY REQUIREMENTS 1) City’s Information Privacy Policy 2) City’s Security and Privacy Terms and Conditions DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx EXHIBIT “A” SCOPE OF SERVICES BACKGROUND The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support Consultant Services. The “City” sought application support services for its SAP ECC 6.0 - Enterprise Resource Planning Central Component System, ISU - Industry Solution for Public Sector, ISU/CCS-Industry Solution Utilities Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES - Utilities Customers eServices UCES Systems and Business Intelligence (BI) System. The most recent ECC 6.0 was upgraded in July 2008, ISU/CCS was implemented in May 2009, and BI was implemented in October 2009. The “City” is currently running the following SAP release versions: ECC 6.0: FI, FM, FA, CO, PS, PM, BCS, MM, HCM, PY (US), ESS/MSS, SD, WM ISU - Industry Solution for Public Sector ISU/CCS-Industry Solution Utilities Customer Care and Service System ISU CCS 6.0: BM,CS,DM and FICA CRM 6.0: ICweb UCES 6.0 BI 7.0 SCOPE OF SERVICES The vendor (CONSULTANT) is to provide 2nd level of SAP Support and Maintenance Consulting Services for configuration changes, master data setup, process design, system analysis, and integration for the following modules. Detail task will be scheduled and assigned by functional lead and SAP Enterprise Systems Manager on as-needed basis not to exceed allocated hours. Billing will be based on time and materials. Vendor must pre-screen all proposed candidates and perform reference checks in advance. (Please provide candidate pre-screening process). Vendor must perform a technical assessment for all proposed candidates in advance. (Please provide what the technical assessment consists of). Vendor must process all fingerprinting and confirm clearance for all proposed candidates in advance. This support would be in line with, but not limited to the following job descriptions: DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx AREAS OF FOCUS Areas of Business Operation where support and maintenance consulting is imperative to sustain business continuity, to improve efficiency and fine tune process. The Consultant facilitates the implementation and support of SAP modules to enhance the clients’ business functionality and overall performance, while maintaining a high degree of customer satisfaction. • SAP ABAP/4 - Technical x Perform code review and single point of contact for all ABAP developments. x Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs,Interface Programming, BDC, Workflow and Data Conversions. x Ability to help resolve complex technical issues and independently manage Critical/complex situations. • SAP FI, CO, MM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. x Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems x Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. • SAP HCM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. x Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory x Ability to analyze problems and provide clear recommendations • SAP Workflow x Provide expertise in analyzing the business approval matrix and map the solution to the workflow developed objects. x Experience in maintaining assignments to SAP relational objects along with the development of workflow tasks. x Possess a strong understanding of the configuring of log events, the linking of change documents to events, the definition of reports for workflow, perform work item DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx analysis, and be able to perform configuration relating to workflow outlook box and task analysis. • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance x Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. x Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. x Creating Users for Web UI and integration between ECC and CRM. • BI - Business Intelligence Support and Maintenance x Redesigning BI Landscape to improve loading and Query performance x Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system x Creating custom reports and workbooks using BEx Analyzer x Experience with developing data flows using APDs • IS – Utilities CCS x IS-U CCS DM-Device Management Support and Maintenance Device and installation Meter reading optimization and fine tuning, including meter reading unit and scheduling, implausible reading results setting and estimate read activation x IS-U CCS BM-Billing Management Support and Maintenance Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer consolidated Billing for Deregulated transactions Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial Preparing specification for Print workbench requirement for custom specific application form, to display unbundled billing with Power, Water and Sewer contracts and Rate information. x IS-U CCS FICA-Contract account Support and Maintenance Configuring New Dunning Procedures and Dunning Levels with Dunning Activities Creating functional specifications for Reset Clearing, Payments, Dunning, Security Deposits, Automatic Clearing, and Clearing rules x IS-U CCS CS-Customer Service Support and Maintenance Owner Allocation Move-in and Move-out Disconnect/Reconnect x IS-U CCS WM-Work Management Support and Maintenance Service Notifications • UCES - Support and Maintenance x Sustaining UCES Utility Customer E-Service • ERP- Core Support and Maintenance Consulting x Planning production support activities for ERP Core activities DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 14 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx x Identify change management opportunities and implement organizational solutions involving functional department efficiency improvement and workload balancing • SAP Basis Consulting x SAP Solution Management evaluation and implementation x SAP Enterprise portal architecture • SAP Data Base Administration Services x Perform database restores or re-organization as required x Create/refresh development/test/QA databases from production data as required x New database and tool implementation and configuration as required x Develop database backup scripts and processes as required x Perform database Initiation Parameter modifications as required x Perform database upgrades and patches as required x Data integrity and corrections as required x Problem identification of data integrity, errors, and omissions. x Database performance monitoring, analysis, and Tuning as required x New database/object creation as required x Application of schema changes, e.g. creation, alteration, and deletion of tables and indices, compilation and dropping of stored procedures and triggers, etc. as required x Establishing and maintaining database configuration and system parameters in a consistent manner across like database environments x Execution of processes for the proper maintenance and functioning of databases, e.g. updating table/index statistics, dropping and rebuilding tables/indices, etc. Application Support Maintenance and Enhancement x The CONSULTANT shall provide support for troubleshooting, problem resolution, maintenance, enhancements and support pack/enhancement pack upgrade services for the following application systems: x SAP CRM Customer Relationship Management Module and ICWEB -Interactive Connection Center x SAP UCES Utility Customer E-Services Module x SAP ISU Industry Solution-Utility Modules: BM,CS,DM, FICA, WM SAP BI Business Intelligence Module x SAP ESS/MSS,FI,HCM, PY(US),SD,FM,MM,PM,WM,PS,CO,BCS, FA x The CONSULTANT shall be responsible for second-level Application support. (City will be responsible for first level support of the application). x The CONSULTANT shall maintain information for each service request, including but not limited to, problem description, start and end dates/times, actual or potential root cause(s), corrective action taken, and future action required. x The CONSULTANT shall provide support/change control application where all the work orders from City will be recorded, approved, tracked, and managed throughout the life cycle. x The CONSULTANT shall develop and provide written Support request troubleshooting procedures for the system and application environment. DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx x The CONSULTANT shall work with City IT to provide monthly status reporting including, but not limited to, work orders analysis, actual hours usage, average cycle time, quality issues, and improvement recommendations. x The CONSULTANT support shall be staffed between 6:00 a.m. PST to 6:00 p.m. PST weekdays, Monday through Friday, except for City holidays. x The CONSULTANT shall provide a problem escalation process to ensure urgent problems are resolved according to Service Level Agreement x The CONSULTANT shall provide a process to record after-hours problems for next day resolution. x The CONSULTANT shall ensure that all software modifications and upgrades are deployed using the configuration management, documentation, and integration, and acceptance testing requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall provide the appropriate technical resources (at agreed upon rates) to modify or enhance applications to ensure that the software continues to support City business requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall perform application modification and upgrade activities (at agreed upon rates and travel expenses) assigned by City Employee in principle on site unless otherwise agreed to by City. x The CONSULTANT shall provide justifiable resource and timeframe estimates for software design, development, testing, and deployment of all application modifications and upgrade requests within the time frame established in the SLA. x The CONSULTANT shall begin and end each application modification and upgrade effort within the timeframe established in the SLA. x The CONSULTANT shall make software patches found at other clients available to City at no charge. x The CONSULTANT shall maintain source code version and release of software versions in accordance with City's configuration management standards during the life of the project and the warranty period. x The CONSULTANT shall provide and maintain coding standards and quality control to ensure coding readability, performance, and sustainability. x The CONSULTANT shall make proper resource arrangement to ensure support continuity during holiday seasons WORK MODEL Contract engagement with Vendor primarily is based on Labor Hour for each Approved Task Order. Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved by SAP PMO, providing supporting material such as task scope; objectives, cost estimate, resource planning, and schedule are available. CONSULTANT’s Account Executive will collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost closely. DELIVERABLES For each task order assigned, Consultant must follow CITY’s system design and development standards, to conduct the following tasks and produce deliverables: DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx x Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on as-needed basis x Prepare functional specification, technical specification, testing plan, and training material x Document configuration changes and process changes x Others: Solution comparison, gap analysis, etc. PERFORMANCE MANAGEMENT x The CONSULTANT shall develop procedures and tools for performance measurements including, but not limited to, the following: Quality of work: defect rate, re-work rate Response time Service fulfillment rate User Satisfaction ( City ) x Service Level Summary Priority Definition Response Time After Provide Solution Target Resolution Time Escalation Path Emergency • Entire organization is affected. 1 hour 1 day 1 day Resolution > 2 day • Core business process cannot be carried out. Escalation path: tbd • Security violation. Critical • Multiple users or departments are directly affected. 4 hours 1 day 3 days Resolution > 2 day • Incident has serious impact on critical tasks and no workaround is available Escalation path: tbd • Customer affected. High • System cannot function as designed or installed. 1 day 3 days Requiresresourceestimation, City's approval, prioritization and scheduling • Small group of users are directly affected. • Compliance time line is affected DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx Medium • Small number of users are affected. 5 days 2-3 weeks Requiresresource estimation, City's approval, prioritization and scheduling • Isolated incident. • Degraded performance and/or is difficult to use. Low • User requests general information, service or consultation. 5 days 4-6 weeks To be prioritized based on resourceavailability and cost • Cosmetic enhancements • Report enhancements CONSULTANT QUALIFICATION The CONSULTANT shall staff the support personnel with the following qualifications x Must have a minimum of 5-8 years of experience configuring the SAP systems with a thorough understanding of the integration required with other relevant areas/modules in SAP or otherwise. x Requires excellent communication, analytical, facilitation and negotiation skills, data/business process modeling, knowledge of competition, and industry happenings x Ability to form, lead and/or be a participant in a cross functional team x Superior level of attention to detail, time management, organization and problem solving skills with the ability to handle multiple projects and deadlines simultaneously. x Demonstrates excellent requirements gathering and quality assurance testing skills, ensuring business needs are met. x SAP certifications relevant to the position are preferred. x Utilities Industry Business knowledge WARRANTIES x The CONSULTANT warrants that all services provided under this contract shall meet all the business requirements and specifications herein for a period of ninety (90) days. x The CONSULTANT shall make fixes for problems found during the agreed upon warranty period ninety (90) days at no additional cost to City. x The CONSULTANT shall replace shall replace consultant within one week upon receiving City's written notification. Change of consultant reasons, including but not limited to x Security violation DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx x Communication deficiency x Attendance Problem x Failed to demonstrate professional Knowledge x City’s discretion END OF SCOPE DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (SAMPLE) Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task order within the time specified below. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below upon the issuance of a task order within 1 week of receipt of the notice to proceed. Task Completion From NTP 1. Continuous On-Call Services December 31, 2018 DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx EXHIBIT “C-1” HOURLY RATE SCHEDULE DGN TECHNOLOGIES, INC. Expertise Jr. Consultant Sr. Consultant Solution Architect Finance and Controlling (FI/CO) $90 $120 $160 Materials Management (MM) $90 $120 $160 Human Capital Management (HCM) $90 $120 $160 Customer Relationship Mgmt (CRM) $90 $120 $160 IS Utilities Solution $100 $130 $170 UCES Utilities $100 $130 $170 Expertise Jr. Developer Sr. Developer Technical Architect Business Intelligence $90 $120 $160 ABAP with Workflow $80 $95 $150 Expertise Jr. Administrator Sr. Administrator Architect SAP Basis and Enterprise Portal $90 $110 $160 SAP Database Administrators $80 $95 $150 DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\DGN - R\Contract\Working Docs\Contract C16162001 DGN Technologies Inc._Draft1.docx B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Info Release and Release Date Document Cl orma Version: e: assification: atioon P 1st 31 Ne Priva Release, Ver January, 201 eed to Know acy rsion 2.2 13 Pollicy "55"$).&/5&DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 CONTEN DOCUMENT CHANGE RE APPROVAL. DISTRIBUTIO 1.OBJE A)INTEN B)SCOP C)CONS D)EXCE E)MUNIC 2.RESP A)RESP B)RESP C)RESP D)RESP E)RESP 3.PRIVA A)OVER B)PERSO C)METH D)UTILIT E)PUBLI F)ACCE G)SECU H)DATA I)SOFTW J)FAIRA 4.CONT Privacy Policy TS CONTROLS... ECORD .......... ..................... ON ................ ECTIVE........... NT .................. E .................. SEQUENCES.... PTIONS.......... CIPAL ORDINAN PONSIBILITIES ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ACY POLICY .. RVIEW ............ ONAL INFORMA ODS OF COLLE TIES SERVICE . C DISCLOSUR SS TO PERSON RITY,CONFIDE RETENTION /I WARE AS A SE AND ACCURAT TACTS ........... y ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... NCE............... OF CITY STAF CIO AND ISM INFORMATION USERS ......... F INFORMATION F AUTHORIZATI ..................... ..................... ATION AND CH ECTION OF PER ..................... E................... 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City of nformation Teation Security Pa 31 Janua ...................... ...................... ...................... ...................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ...................... Palo Alto chnology Services age 1 of 8 ary, 2013 ............ 2 ............ 2 ............ 2 ............ 2 ............ 3 ............ 3 ............ 3 ............ 3 ............ 3 ............ 4 ............ 4 ............ 4 ............ 4 ............ 4 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 6 ............ 6 ............ 6 ............ 6 ............ 7 ............ 7 ............ 7 ............ 8 DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 DOCUME CHANGE APPROVA DISTRIBU Privacy Policy ENT CONT Documen Location Documen Documen Contributo E RECORD Date 12-Jul-12 26-Sep-12 09-Nov-12 19-Nov-12 22-Nov-12 26-Nov-12 6-Dec-12 14-Jan-13 31-Jan-13 VAL Date 06-Dec-12 06-Dec-12 06-Dec-12 14-Jan-13 14-Jan-13 UTION Name City of Pa Providers y TROLS nt Title nt Author nt Manager ors D AuthorRaj Pat2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat Raj Pat 3 Raj Pat 3 Raj Pat Name 2 Raj Pate 2 Jonatha 2 Tom Auz 3 Grant Ko 3 InformatSteering alo Alto Emplo , Residents a Informatio City of Pa Raj Patel Raj Patel Jonathan Joe Black r Versitel 0.01tel 1.0 tel 1.5 tel 1.6 tel 1.7 tel 1.8 tel 1.92 tel 2.0 tel 2.2 el n Reichental zenne olling tion Security g Committee oyees, Servic and Businesse on Privacy Po alo Alto Webs Reichental,kwell, Grant K on ChangFirst dFirst d Update Additio Revise Revise Reiche ReviseJonath Revise Grant Revisefrom In Comm Role InformaManag Techno CIO; InTechno Assista Utilities SeniorAttorne Office Sponso Lo ce es Cit Sh olicy ite and Share Shiva SwamKolling ge Referencedraft developedraft released ed first draft f onal updates ed table of co ed followed b ental and Tom ed according han Reichenta ed according Kolling ed according nformation Se mittee ation Securityger; Informatio ology Departm nformation ology Departm ant Director, s Department r Assistant Citey; City Attorn or ocation ty of Palo Alto harePoint InInforma ePoint minathan, Tom eedfor review for review as identified ontent y review from m Auzenne to commentsal to comments to recommenecurity Steeri Com yon ment Appr ment Appr t Appr tyney’s Appr Appr o Website an City of nformation Teation Security Pa 31 Janua m Auzenne, m Jonathan s from s from ndations ng mments roved roved roved roved roved d Palo Alto chnology Services age 2 of 8 ary, 2013 DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 1.O The C Paloprovi approfinan businlocal indus1798 somebusin Califoto en Protebusin provi“Pers “Infoin thi A) I The C persoof me persotheC and spolic Infor The g all ussecu and scomp B) S The requinform confo C) C The Ctheir Privacy Policy Objective City of Palo A Alto. In promisions of the C opriate measncial) informat ness as a locaauthorities a stry best prac8.24, 1798.79 e of these proness in a man ornia laws. Thnsure the ong ected Critical ness with the ide services. sonally Identif rmation”) are s Policy by re INTENT City, acting in ons who do beans, includin ons accessingCity’s staff and security of theies, rules, reg mation is coll goals and obj sers having arity of databa security of thepliance with le SCOPE Policy will gu ired to protecmation data a orm their perf CONSEQUENCE City’s employwork implicat y e Alto (the “City” moting the quaCalifornia Pub ures to safegtion of person al governmennd reflected i ctices, includin.8(b), 1798.80 ovisions do nonner which pr he objective ooing protectio InfrastructureCity and rece The terms “Pfiable Informa defined in theeference. n its governme business with ng, without lim g the City’s wd/or authorize e Information gulations and ected, stored jectives of the ccess to the Case informatio e Information egal and regu ide the City’s ct the confidenare intended t formances to ES yees shall comtes access to ”) strives to p ality of life of tblic Records A uard the secuns, collected in nt agency. Thn federal and ng, without lim0(e), 1798.81 ot apply to locomotes the p of this Policy ion of the Pers e Informationaeiving service Personal Inforation” and “Pe e California C ental and pro or receive semitation, from website, and ped third-party collected by procedures, and utilized i e Policy are: ( City’s applicaon assets own provided to tulatory require staff and, ind ntiality and prto be covered the Policy sh mply with the the Informati romote and s these personsAct, California urity and privan the ordinary ese measured California law mitation, the p.5, 1798.82(e cal governmerivacy of pers is to describesonal Informa and Personales from the Ci rmation,” “Proersonally Iden Civil Code sec prietary capa ervices from thpersons appl persons who acontractors. T the City. The and industry in compliance (a) a safe, pro tions and datned by, or ent he City’s staffements. directly, third p ivacy of the Ind by the Policy ould they enj Policy in the ion referred to sustain a supe s, it is the pola Governmen acy of the pery course and es are generaws, the City’s provisions of Ce), 1798.83(e nt agencies lisonal informa e the City’s daation, Persona ly Identifying ity or a third p otected Criticantifying Inform ctions, referre acities, collect he City. The Ilying to receiv access other The City is co City acknowbest practice e with applica oductive, and tabases; (b) thtrusted to, the ff and third pa party contract nformation ofy and which w oy conditiona execution of o in this Polic InInforma erior quality o icy of the Citynt Code §§ 62 rsonal (includscope of con lly observed bs rules and re California Cive)(7), and 179 ike the City, tation, as reflec ata security goally Identifiabl Information oparty under co al Infrastructumation” (collec ed to above, a ts the Informa Information isve services p information pommitted to p ledges federaes are dedicat able laws. inoffensive w he appropriate City; (c) the arty contractor tors, which ar f the persons will be advised al access to th their official dcy. A failure to City of nformation Teation Security Pa 31 Janua of life for perso y, consistent w250 – 6270, to ding, without lnducting the C by federal, stagulations, an vil Code §§ 1798.92(c). Thou the City will cocted in federa oals and objele Information of persons doontract to the ure Informatioctively, the and are incorp ation pertainin s collected by rovided by th portals maintaprotecting the al and Califorted to ensurin work environm te maintenanccontrolled ac rs; and (d) fai re by contract whose persod by City staf hat informatio duties to the eo comply may Palo Alto chnology Services age 3 of 8 ary, 2013 ons in with the o take imitation,City’s ate and d 798.3(a),ugh onduct al and ectives, n, oingCity to on”, porated ng to a variety e City, ained by privacy nia laws, ng the ment for ce and ccess ithful t onalff to on. extenty result in DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 empl D)E In the Policexce “ISMasm accoform storawillc the reandh by th E)M This 2. RE A)R The Ccoord The Cpartyperfo Theand tin derespoinciddepaNon-inclu B)R Thedrawfor ainitiaplann addre Privacy Policy loyment and/o EXCEPTIONS e event that a cy, the employption request ”). The emplmay be reques ordance with gby the City A age, access, rconsult with th equest, the ehis or her sup he CIO, acting MUNICIPAL OR Policy will su SPONSIB RESPONSIBILIT CIO, acting bdinate the imp City’s employy contractors ormance of th ISM will be rethe effectivenetailed, auditaonsible for theents that arisartment-specif-Disclosure Ading, without RESPONSIBILIT Information Swn from the vall information tives and actining processe essed at the a y or legal conse a City employ yee may requt will be review oyee, with thested by the IS guidelines appAttorney. The P retention, usahe CIO to app xception requpervisor. The g by the ISM. RDINANCE persede any BILITIES O TY OF CIO AND y the ISM, wiplementation yees, in particunder contraceir job respon esponsible forness of the Poble technical e City’s IT enve in regard tofic policies angreements (Nlimitation, loc TY OF INFORMA Security Steerarious City desecurity efforivities. The ISes to ensure t appropriate C equences. ee cannot ful est an excepwed and adm e approval of M. The ISM w proved by thePolicy’s guide age, and proteprove or deny uest dispositioapproval of a City policy, ru OF CITY S D ISM ll establish anof information cular, softwarect to the City tnsibilities. r: (a) developolicy; (c) the drequirementsvironments; (o potential viond proceduresNDAs) signedcal or ‘cloud-b ATION SECURI ring Committepartments, wrts, including SSC will providthat informatio City departme ly comply with tion by submministered by t his or her suwill conduct a e City’s Chief elines will incl ection of the Ithe exception on will be comny request m ule, regulation STAFF n information n security me e application to provide ser ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third partybased’ softwa TY STEERING ee (the “ISSCwill provide thekey informatiode input to thon security ris nt level. h one or more itting Securitythe City’s Info pervisor, will a risk assessm Information Olude at a mini nformation idn request. Af mmunicated, imay be subjec n or procedur security maneasures by the users and darvices, shall b ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purvy contractorsare services to COMMITTEE ”), which is coe primary direon security ane informationsks are adequ InInforma e element(s) y Exception Rormation Secu provide any ament of the re Officer (“CIO”imum: purpos dentified in thefter due cons in writing, to tct to counterm re regarding i nagement frame City’s gove atabase usersby guided by cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po, which will pro the City. omprised of tection, prioritiznd privacy risn security anduately consid City of nformation Teation Security Pa 31 Janua described in Request.Theurity Manager additional infoquested exce ) and approvese, source, co e request. Theideration is gi the City emplomeasures esta nformation pr mework to initrnment. s, and, indirecthis Policy in ng compliancwill manifest ted by the persg security andapprovingolicy; and (f) rrovide service he City’s empzation and apsks, programs privacy stratered, assess Palo Alto chnology Services age 4 of 8 ary, 2013 this r (the ormation eption in ed as to ollection, e ISM iven to oyeeablished rivacy. tiate and ctly, third the ce with he Policy sons d privacy reviewing es, ployees,pprovals,tegiced and DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 C) R All auproce D) R The C City’scomp intern E)R The(NDA the Sexec controbjec by thoccu The Cappro 3. PR A) O TheInforby,ocontractivother The totherdesiginformcompmainconfithird B) P Exce doingpersoas a Privacy Policy RESPONSIBILIT uthorized useesses and tec RESPONSIBILIT City’s IT Man s networks, wpliance with th nal reporting RESPONSIBILIT ISM will ensuA), whenever Software as a cuted prior to t ractors. The Cctives, policie he ISM at planrred. CIO, acting bopriate, comm IVACY PO OVERVIEW Policy appliesmation of peror entrusted toractors underities include, r networks, sy term “informar related orgagned, implemmation assetspromise, and ntain informatidentiality, inteparties. PERSONAL INF ept as permitte g business wion has conselocal governm y TY OF USERS ers of the Infochnologies wi TY OF INFORMA agers, who a will be responshe City’s infor of events that TY OF AUTHOR ure that the Ciaccess to the Service (Saathe sharing of City’s approacs, processes nned intervals y the ISM, wimencing from OLICY s to activities rsons doing bo, the City andcontract to thwithout limitaystems, or de ation assets” aanizations whiented, and ms. The City’s sinappropriateion managemegrity, and av FORMATION AN ed or provide ith the City, oented to the Cment agency rmation will bithin the scop ATION TECHNO re responsibl sible for confirmation secur t may have co RIZATION COOR ity’s employeee Information aS) Security af the Informat ch to managin, and procedu s, or wheneve ll review and the date of it that involve tusiness with td will be madhe City to proation, accessinevices. also includes ile those assemaintained to estaff will act toe disclosure oment systems,vailability of its ND CHOICE d by applicab r receiving seCity’s sharing owith third par be responsiblee of responsi OLOGY (IT) MA e for internal, guring, maintrity and privac ompromised RDINATION es secure thewill be grante and Privacy Ttion of person ng informationures for inform er significant c recommend ts adoption. he use of thethe City or ree available tovide Softwareng the Interne the personal ets are under ensure that oo protect its inor alteration. T networks ans information ble laws, the C ervices from thof such informrties under co e for complyinibility of each ANAGERS , external, dir taining and secy policies. T network, syst e execution ofed to third par Terms and Cons covered by n security andmation securit changes to se changes to th e City’s informceiving servico the City’s eme as a Serviceet, using e-ma information othe City’s connly authorizenformation asThe City will pnd processes assets to the City will not sh he City, in viomation duringontract to the C InInforma ng with informuser. rect and indire ecuring the Chey are also tem or data s f Non-Disclosrty contractor onditions.Any this Policy w d its implemety) will be rev ecurity implem he Policy ann mation assets,ces from the Cmployees ande consulting sail, accessing of the City’s entrol. Securitd persons wilssets from theplan, design, in order to ase City’s emplo hare the Infor olation of this the conduct City to provid City of nformation Teation Security Pa 31 Janua mation privacy ect connection City’s IT networesponsible fo ecurity. sure Agreemers, in conjunct NDA must bewith third party entation (i.e. viewed indepe mentation hav nually, or as namely, the City, which ard third party services. Theg the City’s int employees anty measures wll enjoy acceseft, damage, limplement anssure the appoyees and aut rmation of any Policy, unlesof the City’s be services. Palo Alto chnology Services age 5 of 8 ary, 2013 y ns to the orks in or timely entstion with ey endently ve re owned setranet or nd any will be ss to the oss,ndropriate thorized y person ss that business DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 C) M The Ccolle businmay and wforma The Csite m City wthe In the bInter the ucomp theiron hi sites D) U In theDepa custoUtiliti applyother with Busin havemont residand/o the s Busin coveInfor E)P The couldunles F)A The C acceaffec Privacy Policy METHODS OF C City may gathction of such ness as a locabe gathered with other tecation in order City’s staff wimay use “coo will note that nternet Protoc browser softwnet address o user’s computpromise the u computers byis or her com . UTILITIES SERV e provision ofartment (“CPA omers. To theies Rules and y; provided, hrwise directed other City dep nesses and re e secure accethly utility usa dents with nonor billing data standard mon nesses and re red by the samation under PUBLIC DISCLO Information th d be incorporass such inform ACCESS TO PE City will take ss to that percted persons w y COLLECTION O her the Informinformation is al governmenat service win chnologies, whr to secure the ll inform the pkies” to custo a cookie contcol address o ware and operof the website ter by using thuser’s privacy y using any oputer, it will n VICE f utility serviceAU”) will colle e extent the md Regulations however, any d or approved partments ex esidents with ss through a age and billing n-standard or a provided to t thly billing. esidents with ame privacy pr applicable fe OSURE hat is collecte ated in a publmation is exem ERSONAL INFO reasonable s rson’s Informawho can revie OF PERSONAL mation from a s both necess nt agency in itndows and co herever the Ce City’s servic persons whosomize the brow tains unique iof the compute ating systemse from which t he City’s webor security. U of the widely aot prevent or es to personsect the Informa management or other ordi such Rules ad by the Coun cept as may b standard utili CPAU websig data. In add experimentathem through such non-sta rotections anederal and Ca ed by the City lic record thatmpt from disc ORMATION teps to verify ation. Each Cew and updat INFORMATION variety of sousary and appr ts governmenontact centers City may interaces. se Informationwsing experie information ther used to ac s used, the dathe user linke site do not cUsers can refu available methprohibit the u s located withiation in order of that informnances, rules and Regulationcil. This inclu be required b ity meters and te to their Infodition to their r l electric, wat non-City elec andard or exp d personal inalifornia laws. in the ordina t may be subjclosure to the a person’s id City departmente that informa urces and resropriate in ord ntal and proprs as well as a act with perso n are coveredence with the hat a web siteccess the City ate and time ed to the City’s contain the Infuse the cooki hods. If the ususer from gain in Palo Alto, tr to initiate an mation is not ss, regulations ns must confudes the shar by law. d/or having n ormation, inclregular month ter or natural ctronic portal perimental me nformation exc ry course and ject to inspecpublic by Ca dentity before nt that collectation at reaso InInforma sources, provder for the Cit rietary capaciat web sites, b ons who need d by this Police City of Palo A e can use to try’s web sites, a user accesss web sites. C formation, andies or delete t ser chooses nning access t the City of Pad manage uti specifically ad or procedure form to this Poring of CPAU- on-metered m luding, withouhly utilities bil gas meters ms at different etering will ha change rules d scope of co ction and copyalifornia law. e the City will g ts Informationonable times. City of nformation Teation Security Pa 31 Janua ided that the ty to conduct ties. That infby mobile app d to share suc cy that the CitAlto web site rack, among othe identificat sed the site, aCookies creat d thus do notthe cookie file not to accept to or using the alo Alto Utilitieility services t ddressed in thes, this Policy olicy, unless -collected Info monthly servic ut limitation, thling, business may have theiintervals than ave their Inform applicable to onducting its b ying by the pu grant anyone n will afford ac Palo Alto chnology Services age 6 of 8 ary, 2013 formation plications, ch ty’s web . The others,tion of and the ted on tes from a cookie e City’s esto hey will ormation ces will heirses and ir usage n with mation o business ublic, e online ccess to DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 G) S Exceperso partiereaso perso The C Inforinsta such If the occubreac date(and t H) D The C periodestr I)S The C servi In ord thosetheS proviservi confi Theswhic serviinclu moniterm comp Priorservi evenrequ prom J)F CPAmana Privacy Policy SECURITY,CO ept as otherwions covered b es without theonable contro ons covered b City may auth mation of pernces, the City Information o e City become rred, with resch in accorda (s) of the knowthe proposed DATA RETENTI City will store od is establishruction. SOFTWARE AS City may eng ces, common der to assure e who receiveSaaS services ider, shall desces and/or fu dentiality and se requiremenh the services ces provider’ding disaster itoring service“IT infrastruc puters, and da r to entering inces provider nt that the Saairements duri mptly inform th FAIR AND ACC U will requireage utility ser y NFIDENTIALITY ise provided bby this Policy e express writols that are de by this Policy horize the City rsons who do y will require only in further es aware of a spect to the Inance with app wn or suspecaction to be ION /INFORMA e and secure a hed by law, fo A SERVICE (S age third part nly known as the privacy a ed services fros provider and sign, install, purnishes good d privacy of th nts include infs are provided s operations recovery and es to ensure acture” refers to atabase man nto an agreemto complete a aS services png the course he ISM. URATE CREDIT utility customrvices to them Y AND NON-DIS by applicable as confidenti tten consent oesigned to pro . y’s employee business withthe City’s em rance of City- breach, or ha nformation of licable laws. cted breach, ttaken or the r ATION RETENTI all Information or seven (7) ye SAAS) OVERSI ty contractors Software-as- and security o om the City, ad its subcontr provide, and mds to the City, he Information formation secd to the City, and maintenad business co a secure and o the integrate agement dev ment to providand submit an provider reasoe of providing T TRANSACTIO mers to providm. SCLOSURE law or this Poial and will no of the personotect the conf and or third p h the City or rployee and/o -related busin as reasonable a person, theThe notice of he nature of tresponsive ac ION n for a period ears, and the GHT s and vendors a-Service (Sa of the Informa as a conditionractors, if any maintain a secto the extent n. curity directiveincluding con ance processontinuity plann reliable envired framework vices, upon wh de services ton Information onably determ services, the ON ACT OF 200 de their Inform olicy, the Cityot disclose it, n affected. Thefidentiality and party contrac receive servicor the third pa ness and in ac e grounds to e City will notiff breach will in the Informatioction taken by d of time as m ereafter such i s to provide s aaS). ation of those n of selling goy, including an cure IT envirot any scope of es pertaining nnection to th es needed toning; and (c) t ronment and k, including, w hich digital ne o the City, theSecurity and mines that it cae City will requ 03 mation in orde InInforma y will treat theor permit it to e City will devd security of t ctors to acces ces from the Crty contractor ccordance wit believe that a fy the affectenclude the da on that is the y the City. may be require information w software appli who do busin oods and/or sny IT infrastru onment, whilef work or serv to: (a) the IT e City's IT sy o support the the IT infrastr service availawithout limitat etworks opera e City’s staff w Privacy Que annot fulfill thuire the SaaS er for the City City of nformation Teation Security Pa 31 Janua e Information oo be disclosed velop and mathe Informatio s and/or use City. In thosers to agree to th the Policy. a security bre d person of sate(s) or estim subject of the ed by law, or i will be schedu cation and da ness with the ervices to thecture service e it performs svices implicat infrastructurestems; (b) the IT environmeructure perfor ability to the Ction, data cen ate. will require theestionnaire. In e informationS services pro to initiate and Palo Alto chnology Services age 7 of 8 ary, 2013 ofd, to third aintainon of the use ach has suchmated e breach, if no led for atabase City and e City, s such tes the e, by e SaaS ent,rmance City. The ters, e SaaS n the n security ovider to d DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Information PVersion 2.2 Fede 108-credi and ipreve CPAwhen chan Ther §179 4. CO Info Chie Utili City Privacy Policy eral regulation 159), includinitor” which pro implement proent, respond U proceduresnever significa nges to CPAU e are Californ 98.92. ONTACTS rmation Secu ef Information ties Departm y Attorney’s O y ns, implement ng the Red Flaovides service ocedures for and mitigate s for potentialant changes t U identity theft nia laws which urity Manager n Officer: Rei ent:Auzenne Office: Kolling, ting the Fair a ag Rules, reqes in advance an identity thpotential iden identity theft to security im t procedures, h are applicab r: Patel, Raj < chental, Jona e, Tom <Tom Grant <Gran and Accurate quire that CPAe of payment eft program fontity theft of its will be reviewplementation or as approp ble to identity Raj.Patel@C athan <Jonath m.Auzenne@C nt.Kolling@Ci Credit Trans AU, as a “covand which ca for new and es customers’ wed independn have occurre priate, so as to y theft; they ar CityofPaloAlto han.Reichent CityofPaloAlto tyofPaloAlto.o InInforma sactions Act o ered financiaan affect cons existing accouInformation. dently by the ed. The ISM w o conform to re set forth in .org> tal@CityofPal o.org org> City of nformation Teation Security Pa 31 Janua of 2003 (Publi l institution orsumer credit, unts to detect, ISM annuallywill recomme this Policy. California Ci loAlto.org> Palo Alto chnology Services age 8 of 8 ary, 2013 c Law rdevelop , y or nd vil Code DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 1 of 3 ATTACHMENTE SOFTWAREASASERVICESECURITYANDPRIVACY TERMSANDCONDITIONS ThisExhibitshallbemadeapartoftheCityofPaloAlto’sProfessionalServicesAgreement oranyothercontractentered intobyandbetweentheCityofPaloAlto(the“City”)andDGNTechnologiesInc.(the“Consultant”)fortheprovisionof SoftwareasaServicetotheCity(the“Agreement”). InordertoassuretheprivacyandsecurityofthepersonalinformationoftheCity’scustomersand peoplewhodobusinesswiththeCity,including,withoutlimitation,vendors,utilitycustomers,library patronsandotherindividualsandbusinesses,whoarerequiredtosharesuchinformationwiththe City,asaconditionofreceivingservicesfromtheCityorsellinggoodsandservicestotheCity, including,withoutlimitation,theSoftwareasaServiceservicesprovider(the“Consultant”)andits subcontractors,ifany,including,withoutlimitation,anyInformationTechnology(“IT”)infrastructure servicesprovider,shalldesign,install,provide,andmaintainasecureITenvironment,described below,whileitrendersandperformstheServicesandfurnishesgoods,ifany,describedinthe StatementofWork,ExhibitB,totheextentanyscopeofworkimplicatestheconfidentialityand privacyofthepersonalinformationoftheCity’scustomers.TheConsultantshallfulfillthedataand informationsecurityrequirements(the“Requirements”)setforthinPartAbelow. A“secureITenvironment”includes:(a)theITinfrastructure,bywhichtheServicesareprovidedto theCity,includingconnectiontotheCity'sITsystems;(b)theConsultant’soperationsand maintenanceprocessesneededtosupporttheenvironment,includingdisasterrecoveryandbusiness continuityplanning;and(c)theITinfrastructureperformancemonitoringservicestoensureasecure andreliableenvironmentandserviceavailabilitytotheCity.“ITinfrastructure”referstothe integratedframework,including,withoutlimitation,datacenters,computers,anddatabase managementdevices,uponwhichdigitalnetworksoperate. Intheeventthat,aftertheEffectiveDate,theConsultantreasonablydeterminesthatitcannotfulfill theRequirements,theConsultantshallpromptlyinformtheCityofitsdeterminationandsubmit,in writing,oneormorealternatecountermeasureoptionstotheRequirements(the“Alternate Requirements”assetforthinPartB),whichmaybeacceptedorrejectedinthereasonable satisfactionoftheInformationSecurityManager(the“ISM”). PartA.Requirements: TheConsultantshallatalltimesduringthetermofanycontractbetweentheCityandtheConsultant: (a) Appointordesignateanemployee,preferablyanexecutiveofficer,asthesecurityliaisonto DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 2 of 3 theCitywithrespecttotheServicestobeperformedunderthisAgreement. (b) ProvideafullandcompleteresponsetotheCity’sSupplierSecurityandPrivacyAssessment Questionnaire(the“Questionnaire”)totheISM,andalsoreportanymajornonͲconformance totheRequirements,asandwhenrequested.Theresponseshallincludeadetailed implementationplanofrequiredcountermeasures,whichtheCityrequirestheConsultantto adoptascountermeasuresintheperformanceoftheServices.Inaddition,asoftheannual anniversarydateofthisAgreementtheConsultantshallreporttotheCity,inwriting,any majorchangestotheITinfrastructure. (c) Haveadoptedandimplementedinformationsecurityandprivacypoliciesthatare documented,areaccessibletotheCityandconformtoISO27001/2–InformationSecurity ManagementSystems(ISMS)Standards.Seethefollowing: 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=50297 (d) Conductroutinedataandinformationsecuritycompliancetrainingofitspersonnelthatis appropriatetotheirrole. (e) DevelopandmaintaindetaileddocumentationoftheITinfrastructure,includingsoftware versionsandpatchlevels. (f) Developanindependentlyverifiableprocess,consistentwithindustrystandards,for performingprofessionalandcriminalbackgroundchecksofitsemployeesthat(1)would permitverificationofemployees’personalidentityandemploymentstatus,and(2)would enabletheimmediatedenialofaccesstotheCity'sconfidentialdataandinformationbyany ofitsemployeeswhonolongerwouldrequireaccesstothatinformationorwhoare terminated. (g)ProvidealistofITinfrastructurecomponentsinordertoverifywhethertheConsultanthas metorhasfailedtomeetanyobjectivetermsandconditions. (h) Implementaccessaccountability(identificationandauthentication)architectureandsupport roleͲbaseaccesscontrol(“RBAC”)andsegregationofduties(“SoD”)mechanismsforall personnel,systemsandsoftwareusedtoprovidetheServices.“RBAC”referstoacomputer systemssecurityapproachtorestrictingaccessonlytoauthorizedusers.“SoD”isanapproach thatwouldrequiremorethanoneindividualtocompleteasecuritytaskinordertopromote thedetectionandpreventionoffraudanderrors. (i) AssisttheCityinundertakingannuallyanassessmenttoassurethat:(1)allelementsofthe Services’environmentdesignanddeploymentareknowntotheCity,and(2)ithas implementedmeasuresinaccordancewithindustrybestpracticesapplicabletosecurecoding andsecureITarchitecture. (j) Provideandmaintainsecureintersystemcommunicationpathsthatwouldensurethe confidentiality,integrityandavailabilityoftheCity'sinformation. (k) DeployandmaintainITsystemupgrades,patchesandconfigurationsconformingtocurrent patchand/orreleaselevelsbynotlaterthanone(1)weekafteritsdateofrelease.Emergency securitypatchesmustbeinstalledwithin24hoursafteritsdateofrelease. (l) Provideforthetimelydetectionof,responseto,andthereportingofsecurityincidents, includingonͲgoingincidentmonitoringwithlogging. (m)NotifytheCitywithinone(1)hourofdetectingasecurityincidentthatresultsinthe unauthorizedaccesstoorthemisuseoftheCity'sconfidentialdataandinformation. DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 3 of 3 (n) InformtheCitythatanythirdpartyserviceprovider(s)meet(s)alloftheRequirements. (o)PerformsecurityselfͲauditsonaregularbasisandnotlessfrequentlythanonaquarterly basis,andprovidetherequiredsummaryreportsofthoseselfͲauditstotheISMontheannual anniversarydateoranyotherdateagreedtobytheParties. (p) Accommodate,aspracticable,anduponreasonablepriornoticebytheCity,theCity’s performanceofrandomsitesecurityauditsattheConsultant’ssite(s),includingthesite(s)ofa thirdpartyserviceprovider(s),asapplicable.Thescopeoftheseauditswillextendtothe Consultant’sanditsthirdpartyserviceprovider(s)’awarenessofsecuritypoliciesand practices,systemsconfigurations,accessauthenticationandauthorization,andincident detectionandresponse. (q)CooperatewiththeCitytoensurethattotheextentrequiredbyapplicablelaws,rulesand regulations,theConfidentialInformationwillbeaccessibleonlybytheConsultantandany authorizedthirdpartyserviceprovider’spersonnel. (r) Performregular,reliablesecuredbackupsofalldataneededtomaximizeavailabilityofthe Services. (s) MaintainrecordsrelatingtotheServicesforaperiodofthree(3)yearsaftertheexpirationor earlierterminationofthisAgreementandinamutuallyagreeablestoragemedium.Within thirty(30)daysaftertheeffectivedateofexpirationorearlierterminationofthisAgreement, allofthoserecordsrelatingtotheperformanceoftheServicesshallbeprovidedtotheISM. (t)MaintaintheConfidentialInformationinaccordancewithapplicablefederal,stateandlocal dataandinformationprivacylaws,rulesandregulations. (u) EncrypttheConfidentialInformationbeforedeliveringthesamebyelectronicmailtotheCity andoranyauthorizedrecipient. (v)UnlessotherwiseaddressedintheAgreement,shallnotholdtheCityliableforanydirect, indirectorpunitivedamageswhatsoeverincluding,withoutlimitation,damagesforlossof use,dataorprofits,arisingoutoforinanywayconnectedwiththeCity’sITenvironment, including,withoutlimitation,ITinfrastructurecommunications. PartB.AlternateRequirements: DocuSign Envelope ID: F8F3D1B7-5D5A-416F-8513-22D8B52363B7 Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16162002 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND KHALID SALMAN A. MOHAMMED FOR PROFESSIONAL SERVICES “SAP PROFESSIONAL SERVICES APPLICATION MAINTENANCE SUPPORT” This Agreement No. C16162002 is entered into on this 1st day of January, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and KHALID SALMAN A. MOHAMMED, An individual as sole proprietor, with offices located at 1962 Bellomy Street, Apt. #2, Santa Clara, CA 95050, telephone 408-663-8544 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to maintain its Enterprise Resource Planning Central Component System (“Project”) and desires to engage a consultant to supply temporary contractors to provide professional SAP application maintenance support in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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 described in Exhibit “A”, as one of several entities subject to a shared not-to-exceed compensation limit described more fully in Section 4. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2016 through December 31, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 2E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 3E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Khalid Salman A. Mohammed to have supervisory responsibility for the performance, progress, and execution of the Services and as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sudhir Aravindan, Information Technology Department, Enterprise Systems Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329- 2466. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 5E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 6E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 7E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 8E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx 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, incorporated by reference and may be 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: x All printed materials provided by CCONSULTANT 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. x 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 Division’s office. x 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 9E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: ____________________________City Manager APPROVED AS TO FORM: __________________________City Attorney or Designee CONSULTANT: KHALID SALMAN A. MOHAMMED By:___________________________ Name: Khalid Salman A. Mohammed Title: Individual/Sole Proprietor Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” ON CALL TASK ORDER (SAMPLE) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E” IT SECURITY REQUIREMENTS 1) City’s Information Privacy Policy 2) City’s Security and Privacy Terms and Conditions DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx EXHIBIT “A” SCOPE OF SERVICES BACKGROUND The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support Consultant Services. The “City” sought application support services for its SAP ECC 6.0 - Enterprise Resource Planning Central Component System, ISU - Industry Solution for Public Sector, ISU/CCS-Industry Solution Utilities Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES - Utilities Customers eServices UCES Systems and Business Intelligence (BI) System. The most recent ECC 6.0 was upgraded in July 2008, ISU/CCS was implemented in May 2009, and BI was implemented in October 2009. The “City” is currently running the following SAP release versions: ECC 6.0: FI, FM, FA, CO, PS, PM, BCS, MM, HCM, PY (US), ESS/MSS, SD, WM ISU - Industry Solution for Public Sector ISU/CCS-Industry Solution Utilities Customer Care and Service System ISU CCS 6.0: BM,CS,DM and FICA CRM 6.0: ICweb UCES 6.0 BI 7.0 SCOPE OF SERVICES The vendor (CONSULTANT) is to provide 2nd level of SAP Support and Maintenance Consulting Services for configuration changes, master data setup, process design, system analysis, and integration for the following modules. Detail task will be scheduled and assigned by functional lead and SAP Enterprise Systems Manager on as-needed basis not to exceed allocated hours. Billing will be based on time and materials. Vendor must pre-screen all proposed candidates and perform reference checks in advance. (Please provide candidate pre-screening process). Vendor must perform a technical assessment for all proposed candidates in advance. (Please provide what the technical assessment consists of). Vendor must process all fingerprinting and confirm clearance for all proposed candidates in advance. This support would be in line with, but not limited to the following job descriptions: DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx AREAS OF FOCUS Areas of Business Operation where support and maintenance consulting is imperative to sustain business continuity, to improve efficiency and fine tune process. The Consultant facilitates the implementation and support of SAP modules to enhance the clients’ business functionality and overall performance, while maintaining a high degree of customer satisfaction. • SAP ABAP/4 - Technical x Perform code review and single point of contact for all ABAP developments. x Should have strong hands-on knowledge in ABAP technologies viz. Interactive Reporting, Dialog Programming, BAPI, RFC, SAP Scripts, Smart forms, ALE/IDocs,Interface Programming, BDC, Workflow and Data Conversions. x Ability to help resolve complex technical issues and independently manage Critical/complex situations. • SAP FI, CO, MM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of Finance (FI) and Controlling (CO) to conform to evolving business practices. x Possess expertise in supporting/leading financial reporting through a variety of SAP and non-SAP systems x Exhibits a thorough understanding of finance and controlling processes, concepts and SAP best practice, which includes but is not limited to General Ledger (GL), Accounts Receivable (AR), Accounts Payable (AP), Asset Accounting (AA), Special Purpose Ledger (SL), Controlling Areas (CO), Cost Center Accounting (CCA), Funds Management (FM), Budget Control System (BCS) and Materials Management (MM) which includes managing special stocks such as third party subcontracting. • SAP HCM x Demonstrates and maintains expert knowledge/leadership in configuring and supporting SAP in the areas of HCM to conform to evolving business practices. x Possess expertise in supporting/leading specific areas in HCM - Payroll – US - Personnel Management - Time Management - Organizational Management - BSI Tax Factory x Ability to analyze problems and provide clear recommendations • SAP Workflow x Provide expertise in analyzing the business approval matrix and map the solution to the workflow developed objects. x Experience in maintaining assignments to SAP relational objects along with the development of workflow tasks. x Possess a strong understanding of the configuring of log events, the linking of change documents to events, the definition of reports for workflow, perform work item DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx analysis, and be able to perform configuration relating to workflow outlook box and task analysis. • UT-CRM/IcWeb - Customer Relationship Management -Support and Maintenance x Base Customization like Product master, Business Partners, Organizational Mgmt, Lead Mgmt. x Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner determination, broadcast messaging, Transaction launcher, Authorization. x Creating Users for Web UI and integration between ECC and CRM. • BI - Business Intelligence Support and Maintenance x Redesigning BI Landscape to improve loading and Query performance x Responsible for the development, support & maintenance of SAP BI/BW version 7.0 connected to ECC 6.0 system x Creating custom reports and workbooks using BEx Analyzer x Experience with developing data flows using APDs • IS – Utilities CCS x IS-U CCS DM-Device Management Support and Maintenance Device and installation Meter reading optimization and fine tuning, including meter reading unit and scheduling, implausible reading results setting and estimate read activation x IS-U CCS BM-Billing Management Support and Maintenance Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer consolidated Billing for Deregulated transactions Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial Preparing specification for Print workbench requirement for custom specific application form, to display unbundled billing with Power, Water and Sewer contracts and Rate information. x IS-U CCS FICA-Contract account Support and Maintenance Configuring New Dunning Procedures and Dunning Levels with Dunning Activities Creating functional specifications for Reset Clearing, Payments, Dunning, Security Deposits, Automatic Clearing, and Clearing rules x IS-U CCS CS-Customer Service Support and Maintenance Owner Allocation Move-in and Move-out Disconnect/Reconnect x IS-U CCS WM-Work Management Support and Maintenance Service Notifications • UCES - Support and Maintenance x Sustaining UCES Utility Customer E-Service • ERP- Core Support and Maintenance Consulting x Planning production support activities for ERP Core activities DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. 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Mohammed_Draft1.docx x Identify change management opportunities and implement organizational solutions involving functional department efficiency improvement and workload balancing • SAP Basis Consulting x SAP Solution Management evaluation and implementation x SAP Enterprise portal architecture • SAP Data Base Administration Services x Perform database restores or re-organization as required x Create/refresh development/test/QA databases from production data as required x New database and tool implementation and configuration as required x Develop database backup scripts and processes as required x Perform database Initiation Parameter modifications as required x Perform database upgrades and patches as required x Data integrity and corrections as required x Problem identification of data integrity, errors, and omissions. x Database performance monitoring, analysis, and Tuning as required x New database/object creation as required x Application of schema changes, e.g. creation, alteration, and deletion of tables and indices, compilation and dropping of stored procedures and triggers, etc. as required x Establishing and maintaining database configuration and system parameters in a consistent manner across like database environments x Execution of processes for the proper maintenance and functioning of databases, e.g. updating table/index statistics, dropping and rebuilding tables/indices, etc. Application Support Maintenance and Enhancement x The CONSULTANT shall provide support for troubleshooting, problem resolution, maintenance, enhancements and support pack/enhancement pack upgrade services for the following application systems: x SAP CRM Customer Relationship Management Module and ICWEB -Interactive Connection Center x SAP UCES Utility Customer E-Services Module x SAP ISU Industry Solution-Utility Modules: BM,CS,DM, FICA, WM SAP BI Business Intelligence Module x SAP ESS/MSS,FI,HCM, PY(US),SD,FM,MM,PM,WM,PS,CO,BCS, FA x The CONSULTANT shall be responsible for second-level Application support. (City will be responsible for first level support of the application). x The CONSULTANT shall maintain information for each service request, including but not limited to, problem description, start and end dates/times, actual or potential root cause(s), corrective action taken, and future action required. x The CONSULTANT shall provide support/change control application where all the work orders from City will be recorded, approved, tracked, and managed throughout the life cycle. x The CONSULTANT shall develop and provide written Support request troubleshooting procedures for the system and application environment. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx x The CONSULTANT shall work with City IT to provide monthly status reporting including, but not limited to, work orders analysis, actual hours usage, average cycle time, quality issues, and improvement recommendations. x The CONSULTANT support shall be staffed between 6:00 a.m. PST to 6:00 p.m. PST weekdays, Monday through Friday, except for City holidays. x The CONSULTANT shall provide a problem escalation process to ensure urgent problems are resolved according to Service Level Agreement x The CONSULTANT shall provide a process to record after-hours problems for next day resolution. x The CONSULTANT shall ensure that all software modifications and upgrades are deployed using the configuration management, documentation, and integration, and acceptance testing requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall provide the appropriate technical resources (at agreed upon rates) to modify or enhance applications to ensure that the software continues to support City business requirements as per each negotiated contract during the warranty period and licensing period. x The CONSULTANT shall perform application modification and upgrade activities (at agreed upon rates and travel expenses) assigned by City Employee in principle on site unless otherwise agreed to by City. x The CONSULTANT shall provide justifiable resource and timeframe estimates for software design, development, testing, and deployment of all application modifications and upgrade requests within the time frame established in the SLA. x The CONSULTANT shall begin and end each application modification and upgrade effort within the timeframe established in the SLA. x The CONSULTANT shall make software patches found at other clients available to City at no charge. x The CONSULTANT shall maintain source code version and release of software versions in accordance with City's configuration management standards during the life of the project and the warranty period. x The CONSULTANT shall provide and maintain coding standards and quality control to ensure coding readability, performance, and sustainability. x The CONSULTANT shall make proper resource arrangement to ensure support continuity during holiday seasons WORK MODEL Contract engagement with Vendor primarily is based on Labor Hour for each Approved Task Order. Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved by SAP PMO, providing supporting material such as task scope; objectives, cost estimate, resource planning, and schedule are available. CONSULTANT’s Account Executive will collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost closely. DELIVERABLES For each task order assigned, Consultant must follow CITY’s system design and development standards, to conduct the following tasks and produce deliverables: DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx x Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on as-needed basis x Prepare functional specification, technical specification, testing plan, and training material x Document configuration changes and process changes x Others: Solution comparison, gap analysis, etc. PERFORMANCE MANAGEMENT x The CONSULTANT shall develop procedures and tools for performance measurements including, but not limited to, the following: Quality of work: defect rate, re-work rate Response time Service fulfillment rate User Satisfaction ( City ) x Service Level Summary Priority Definition Response Time After Provide Solution Target Resolution Time Escalation Path Emergency • Entire organization is affected. 1 hour 1 day 1 day Resolution > 2 day • Core business process cannot be carried out. Escalation path: tbd • Security violation. Critical • Multiple users or departments are directly affected. 4 hours 1 day 3 days Resolution > 2 day • Incident has serious impact on critical tasks and no workaround is available Escalation path: tbd • Customer affected. High • System cannot function as designed or installed. 1 day 3 days Requiresresourceestimation, City's approval, prioritization and scheduling • Small group of users are directly affected. • Compliance time line is affected DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx Medium • Small number of users are affected. 5 days 2-3 weeks Requiresresource estimation, City's approval, prioritization and scheduling • Isolated incident. • Degraded performance and/or is difficult to use. Low • User requests general information, service or consultation. 5 days 4-6 weeks To be prioritized based on resourceavailability and cost • Cosmetic enhancements • Report enhancements CONSULTANT QUALIFICATION The CONSULTANT shall staff the support personnel with the following qualifications x Must have a minimum of 5-8 years of experience configuring the SAP systems with a thorough understanding of the integration required with other relevant areas/modules in SAP or otherwise. x Requires excellent communication, analytical, facilitation and negotiation skills, data/business process modeling, knowledge of competition, and industry happenings x Ability to form, lead and/or be a participant in a cross functional team x Superior level of attention to detail, time management, organization and problem solving skills with the ability to handle multiple projects and deadlines simultaneously. x Demonstrates excellent requirements gathering and quality assurance testing skills, ensuring business needs are met. x SAP certifications relevant to the position are preferred. x Utilities Industry Business knowledge WARRANTIES x The CONSULTANT warrants that all services provided under this contract shall meet all the business requirements and specifications herein for a period of ninety (90) days. x The CONSULTANT shall make fixes for problems found during the agreed upon warranty period ninety (90) days at no additional cost to City. x The CONSULTANT shall replace shall replace consultant within one week upon receiving City's written notification. Change of consultant reasons, including but not limited to x Security violation DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx x Communication deficiency x Attendance Problem x Failed to demonstrate professional Knowledge x City’s discretion END OF SCOPE DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (SAMPLE) Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task order within the time specified below. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below upon the issuance of a task order within 1 week of receipt of the notice to proceed. Task Completion From NTP 1. Continuous On-Call Services December 31, 2018 DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year; provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $250,000 per contract year, as CITY has appropriated that amount to payments to be made under seven on-call contracts, of which this Agreement is one. The seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these professional SAP application maintenance support services will not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per contract year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 18 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx EXHIBIT “C-1” HOURLY RATE SCHEDULE KHALID SALMAN A. MOHAMMED Expertise Regular Premium Hour Rate Hour Rate SAP HCM (PA, OM, PAYROLL, TIME MANAGEMENT) $100 $120 DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 19 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Professional Services Rev. March 31, 2015 20 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\PR161012 - SAP Professional Services Support\Proposals Received\7 Awards\Salman\Contract\Working Docs\Contract C16162002 Khalid Salman A. Mohammed_Draft1.docx B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Info Release and Release Date Document Cl orma Version: e: assification: atioon P 1st 31 Ne Priva Release, Ver January, 201 eed to Know acy rsion 2.2 13 Pollicy "55"$).&/5&DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 CONTEN DOCUMENT CHANGE RE APPROVAL. DISTRIBUTIO 1.OBJE A)INTEN B)SCOP C)CONS D)EXCE E)MUNIC 2.RESP A)RESP B)RESP C)RESP D)RESP E)RESP 3.PRIVA A)OVER B)PERSO C)METH D)UTILIT E)PUBLI F)ACCE G)SECU H)DATA I)SOFTW J)FAIRA 4.CONT Privacy Policy TS CONTROLS... ECORD .......... ..................... ON ................ ECTIVE........... NT .................. E .................. SEQUENCES.... PTIONS.......... CIPAL ORDINAN PONSIBILITIES ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ONSIBILITY OF ACY POLICY .. RVIEW ............ ONAL INFORMA ODS OF COLLE TIES SERVICE . C DISCLOSUR SS TO PERSON RITY,CONFIDE RETENTION /I WARE AS A SE AND ACCURAT TACTS ........... y ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... NCE............... OF CITY STAF CIO AND ISM INFORMATION USERS ......... F INFORMATION F AUTHORIZATI ..................... ..................... ATION AND CH ECTION OF PER ..................... E................... 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Palo Alto chnology Services age 1 of 8 ary, 2013 ............ 2 ............ 2 ............ 2 ............ 2 ............ 3 ............ 3 ............ 3 ............ 3 ............ 3 ............ 4 ............ 4 ............ 4 ............ 4 ............ 4 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 5 ............ 6 ............ 6 ............ 6 ............ 6 ............ 7 ............ 7 ............ 7 ............ 8 DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 DOCUME CHANGE APPROVA DISTRIBU Privacy Policy ENT CONT Documen Location Documen Documen Contributo E RECORD Date 12-Jul-12 26-Sep-12 09-Nov-12 19-Nov-12 22-Nov-12 26-Nov-12 6-Dec-12 14-Jan-13 31-Jan-13 VAL Date 06-Dec-12 06-Dec-12 06-Dec-12 14-Jan-13 14-Jan-13 UTION Name City of Pa Providers y TROLS nt Title nt Author nt Manager ors D AuthorRaj Pat2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat 2 Raj Pat Raj Pat 3 Raj Pat 3 Raj Pat Name 2 Raj Pate 2 Jonatha 2 Tom Auz 3 Grant Ko 3 InformatSteering alo Alto Emplo , Residents a Informatio City of Pa Raj Patel Raj Patel Jonathan Joe Black r Versitel 0.01tel 1.0 tel 1.5 tel 1.6 tel 1.7 tel 1.8 tel 1.92 tel 2.0 tel 2.2 el n Reichental zenne olling tion Security g Committee oyees, Servic and Businesse on Privacy Po alo Alto Webs Reichental,kwell, Grant K on ChangFirst dFirst d Update Additio Revise Revise Reiche ReviseJonath Revise Grant Revisefrom In Comm Role InformaManag Techno CIO; InTechno Assista Utilities SeniorAttorne Office Sponso Lo ce es Cit Sh olicy ite and Share Shiva SwamKolling ge Referencedraft developedraft released ed first draft f onal updates ed table of co ed followed b ental and Tom ed according han Reichenta ed according Kolling ed according nformation Se mittee ation Securityger; Informatio ology Departm nformation ology Departm ant Director, s Department r Assistant Citey; City Attorn or ocation ty of Palo Alto harePoint InInforma ePoint minathan, Tom eedfor review for review as identified ontent y review from m Auzenne to commentsal to comments to recommenecurity Steeri Com yon ment Appr ment Appr t Appr tyney’s Appr Appr o Website an City of nformation Teation Security Pa 31 Janua m Auzenne, m Jonathan s from s from ndations ng mments roved roved roved roved roved d Palo Alto chnology Services age 2 of 8 ary, 2013 DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 1.O The C Paloprovi approfinan businlocal indus1798 somebusin Califoto en Protebusin provi“Pers “Infoin thi A) I The C persoof me persotheC and spolic Infor The g all ussecu and scomp B) S The requinform confo C) C The Ctheir Privacy Policy Objective City of Palo A Alto. In promisions of the C opriate measncial) informat ness as a locaauthorities a stry best prac8.24, 1798.79 e of these proness in a man ornia laws. Thnsure the ong ected Critical ness with the ide services. sonally Identif rmation”) are s Policy by re INTENT City, acting in ons who do beans, includin ons accessingCity’s staff and security of theies, rules, reg mation is coll goals and obj sers having arity of databa security of thepliance with le SCOPE Policy will gu ired to protecmation data a orm their perf CONSEQUENCE City’s employwork implicat y e Alto (the “City” moting the quaCalifornia Pub ures to safegtion of person al governmennd reflected i ctices, includin.8(b), 1798.80 ovisions do nonner which pr he objective ooing protectio InfrastructureCity and rece The terms “Pfiable Informa defined in theeference. n its governme business with ng, without lim g the City’s wd/or authorize e Information gulations and ected, stored jectives of the ccess to the Case informatio e Information egal and regu ide the City’s ct the confidenare intended t formances to ES yees shall comtes access to ”) strives to p ality of life of tblic Records A uard the secuns, collected in nt agency. Thn federal and ng, without lim0(e), 1798.81 ot apply to locomotes the p of this Policy ion of the Pers e Informationaeiving service Personal Inforation” and “Pe e California C ental and pro or receive semitation, from website, and ped third-party collected by procedures, and utilized i e Policy are: ( City’s applicaon assets own provided to tulatory require staff and, ind ntiality and prto be covered the Policy sh mply with the the Informati romote and s these personsAct, California urity and privan the ordinary ese measured California law mitation, the p.5, 1798.82(e cal governmerivacy of pers is to describesonal Informa and Personales from the Ci rmation,” “Proersonally Iden Civil Code sec prietary capa ervices from thpersons appl persons who acontractors. T the City. The and industry in compliance (a) a safe, pro tions and datned by, or ent he City’s staffements. directly, third p ivacy of the Ind by the Policy ould they enj Policy in the ion referred to sustain a supe s, it is the pola Governmen acy of the pery course and es are generaws, the City’s provisions of Ce), 1798.83(e nt agencies lisonal informa e the City’s daation, Persona ly Identifying ity or a third p otected Criticantifying Inform ctions, referre acities, collect he City. The Ilying to receiv access other The City is co City acknowbest practice e with applica oductive, and tabases; (b) thtrusted to, the ff and third pa party contract nformation ofy and which w oy conditiona execution of o in this Polic InInforma erior quality o icy of the Citynt Code §§ 62 rsonal (includscope of con lly observed bs rules and re California Cive)(7), and 179 ike the City, tation, as reflec ata security goally Identifiabl Information oparty under co al Infrastructumation” (collec ed to above, a ts the Informa Information isve services p information pommitted to p ledges federaes are dedicat able laws. inoffensive w he appropriate City; (c) the arty contractor tors, which ar f the persons will be advised al access to th their official dcy. A failure to City of nformation Teation Security Pa 31 Janua of life for perso y, consistent w250 – 6270, to ding, without lnducting the C by federal, stagulations, an vil Code §§ 1798.92(c). Thou the City will cocted in federa oals and objele Information of persons doontract to the ure Informatioctively, the and are incorp ation pertainin s collected by rovided by th portals maintaprotecting the al and Califorted to ensurin work environm te maintenanccontrolled ac rs; and (d) fai re by contract whose persod by City staf hat informatio duties to the eo comply may Palo Alto chnology Services age 3 of 8 ary, 2013 ons in with the o take imitation,City’s ate and d 798.3(a),ugh onduct al and ectives, n, oingCity to on”, porated ng to a variety e City, ained by privacy nia laws, ng the ment for ce and ccess ithful t onalff to on. extenty result in DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 empl D)E In the Policexce “ISMasm accoform storawillc the reandh by th E)M This 2. RE A)R The Ccoord The Cpartyperfo Theand tin derespoinciddepaNon-inclu B)R Thedrawfor ainitiaplann addre Privacy Policy loyment and/o EXCEPTIONS e event that a cy, the employption request ”). The emplmay be reques ordance with gby the City A age, access, rconsult with th equest, the ehis or her sup he CIO, acting MUNICIPAL OR Policy will su SPONSIB RESPONSIBILIT CIO, acting bdinate the imp City’s employy contractors ormance of th ISM will be rethe effectivenetailed, auditaonsible for theents that arisartment-specif-Disclosure Ading, without RESPONSIBILIT Information Swn from the vall information tives and actining processe essed at the a y or legal conse a City employ yee may requt will be review oyee, with thested by the IS guidelines appAttorney. The P retention, usahe CIO to app xception requpervisor. The g by the ISM. RDINANCE persede any BILITIES O TY OF CIO AND y the ISM, wiplementation yees, in particunder contraceir job respon esponsible forness of the Poble technical e City’s IT enve in regard tofic policies angreements (Nlimitation, loc TY OF INFORMA Security Steerarious City desecurity efforivities. The ISes to ensure t appropriate C equences. ee cannot ful est an excepwed and adm e approval of M. The ISM w proved by thePolicy’s guide age, and proteprove or deny uest dispositioapproval of a City policy, ru OF CITY S D ISM ll establish anof information cular, softwarect to the City tnsibilities. r: (a) developolicy; (c) the drequirementsvironments; (o potential viond proceduresNDAs) signedcal or ‘cloud-b ATION SECURI ring Committepartments, wrts, including SSC will providthat informatio City departme ly comply with tion by submministered by t his or her suwill conduct a e City’s Chief elines will incl ection of the Ithe exception on will be comny request m ule, regulation STAFF n information n security me e application to provide ser ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third partybased’ softwa TY STEERING ee (the “ISSCwill provide thekey informatiode input to thon security ris nt level. h one or more itting Securitythe City’s Info pervisor, will a risk assessm Information Olude at a mini nformation idn request. Af mmunicated, imay be subjec n or procedur security maneasures by the users and darvices, shall b ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purvy contractorsare services to COMMITTEE ”), which is coe primary direon security ane informationsks are adequ InInforma e element(s) y Exception Rormation Secu provide any ament of the re Officer (“CIO”imum: purpos dentified in thefter due cons in writing, to tct to counterm re regarding i nagement frame City’s gove atabase usersby guided by cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po, which will pro the City. omprised of tection, prioritiznd privacy risn security anduately consid City of nformation Teation Security Pa 31 Janua described in Request.Theurity Manager additional infoquested exce ) and approvese, source, co e request. Theideration is gi the City emplomeasures esta nformation pr mework to initrnment. s, and, indirecthis Policy in ng compliancwill manifest ted by the persg security andapprovingolicy; and (f) rrovide service he City’s empzation and apsks, programs privacy stratered, assess Palo Alto chnology Services age 4 of 8 ary, 2013 this r (the ormation eption in ed as to ollection, e ISM iven to oyeeablished rivacy. tiate and ctly, third the ce with he Policy sons d privacy reviewing es, ployees,pprovals,tegiced and DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 C) R All auproce D) R The C City’scomp intern E)R The(NDA the Sexec controbjec by thoccu The Cappro 3. PR A) O TheInforby,ocontractivother The totherdesiginformcompmainconfithird B) P Exce doingpersoas a Privacy Policy RESPONSIBILIT uthorized useesses and tec RESPONSIBILIT City’s IT Man s networks, wpliance with th nal reporting RESPONSIBILIT ISM will ensuA), whenever Software as a cuted prior to t ractors. The Cctives, policie he ISM at planrred. CIO, acting bopriate, comm IVACY PO OVERVIEW Policy appliesmation of peror entrusted toractors underities include, r networks, sy term “informar related orgagned, implemmation assetspromise, and ntain informatidentiality, inteparties. PERSONAL INF ept as permitte g business wion has conselocal governm y TY OF USERS ers of the Infochnologies wi TY OF INFORMA agers, who a will be responshe City’s infor of events that TY OF AUTHOR ure that the Ciaccess to the Service (Saathe sharing of City’s approacs, processes nned intervals y the ISM, wimencing from OLICY s to activities rsons doing bo, the City andcontract to thwithout limitaystems, or de ation assets” aanizations whiented, and ms. The City’s sinappropriateion managemegrity, and av FORMATION AN ed or provide ith the City, oented to the Cment agency rmation will bithin the scop ATION TECHNO re responsibl sible for confirmation secur t may have co RIZATION COOR ity’s employeee Information aS) Security af the Informat ch to managin, and procedu s, or wheneve ll review and the date of it that involve tusiness with td will be madhe City to proation, accessinevices. also includes ile those assemaintained to estaff will act toe disclosure oment systems,vailability of its ND CHOICE d by applicab r receiving seCity’s sharing owith third par be responsiblee of responsi OLOGY (IT) MA e for internal, guring, maintrity and privac ompromised RDINATION es secure thewill be grante and Privacy Ttion of person ng informationures for inform er significant c recommend ts adoption. he use of thethe City or ree available tovide Softwareng the Interne the personal ets are under ensure that oo protect its inor alteration. T networks ans information ble laws, the C ervices from thof such informrties under co e for complyinibility of each ANAGERS , external, dir taining and secy policies. T network, syst e execution ofed to third par Terms and Cons covered by n security andmation securit changes to se changes to th e City’s informceiving servico the City’s eme as a Serviceet, using e-ma information othe City’s connly authorizenformation asThe City will pnd processes assets to the City will not sh he City, in viomation duringontract to the C InInforma ng with informuser. rect and indire ecuring the Chey are also tem or data s f Non-Disclosrty contractor onditions.Any this Policy w d its implemety) will be rev ecurity implem he Policy ann mation assets,ces from the Cmployees ande consulting sail, accessing of the City’s entrol. Securitd persons wilssets from theplan, design, in order to ase City’s emplo hare the Infor olation of this the conduct City to provid City of nformation Teation Security Pa 31 Janua mation privacy ect connection City’s IT networesponsible fo ecurity. sure Agreemers, in conjunct NDA must bewith third party entation (i.e. viewed indepe mentation hav nually, or as namely, the City, which ard third party services. Theg the City’s int employees anty measures wll enjoy acceseft, damage, limplement anssure the appoyees and aut rmation of any Policy, unlesof the City’s be services. Palo Alto chnology Services age 5 of 8 ary, 2013 y ns to the orks in or timely entstion with ey endently ve re owned setranet or nd any will be ss to the oss,ndropriate thorized y person ss that business DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 C) M The Ccolle businmay and wforma The Csite m City wthe In the bInter the ucomp theiron hi sites D) U In theDepa custoUtiliti applyother with Busin havemont residand/o the s Busin coveInfor E)P The couldunles F)A The C acceaffec Privacy Policy METHODS OF C City may gathction of such ness as a locabe gathered with other tecation in order City’s staff wimay use “coo will note that nternet Protoc browser softwnet address o user’s computpromise the u computers byis or her com . UTILITIES SERV e provision ofartment (“CPA omers. To theies Rules and y; provided, hrwise directed other City dep nesses and re e secure accethly utility usa dents with nonor billing data standard mon nesses and re red by the samation under PUBLIC DISCLO Information th d be incorporass such inform ACCESS TO PE City will take ss to that percted persons w y COLLECTION O her the Informinformation is al governmenat service win chnologies, whr to secure the ll inform the pkies” to custo a cookie contcol address o ware and operof the website ter by using thuser’s privacy y using any oputer, it will n VICE f utility serviceAU”) will colle e extent the md Regulations however, any d or approved partments ex esidents with ss through a age and billing n-standard or a provided to t thly billing. esidents with ame privacy pr applicable fe OSURE hat is collecte ated in a publmation is exem ERSONAL INFO reasonable s rson’s Informawho can revie OF PERSONAL mation from a s both necess nt agency in itndows and co herever the Ce City’s servic persons whosomize the brow tains unique iof the compute ating systemse from which t he City’s webor security. U of the widely aot prevent or es to personsect the Informa management or other ordi such Rules ad by the Coun cept as may b standard utili CPAU websig data. In add experimentathem through such non-sta rotections anederal and Ca ed by the City lic record thatmpt from disc ORMATION teps to verify ation. Each Cew and updat INFORMATION variety of sousary and appr ts governmenontact centers City may interaces. se Informationwsing experie information ther used to ac s used, the dathe user linke site do not cUsers can refu available methprohibit the u s located withiation in order of that informnances, rules and Regulationcil. This inclu be required b ity meters and te to their Infodition to their r l electric, wat non-City elec andard or exp d personal inalifornia laws. in the ordina t may be subjclosure to the a person’s id City departmente that informa urces and resropriate in ord ntal and proprs as well as a act with perso n are coveredence with the hat a web siteccess the City ate and time ed to the City’s contain the Infuse the cooki hods. If the ususer from gain in Palo Alto, tr to initiate an mation is not ss, regulations ns must confudes the shar by law. d/or having n ormation, inclregular month ter or natural ctronic portal perimental me nformation exc ry course and ject to inspecpublic by Ca dentity before nt that collectation at reaso InInforma sources, provder for the Cit rietary capaciat web sites, b ons who need d by this Police City of Palo A e can use to try’s web sites, a user accesss web sites. C formation, andies or delete t ser chooses nning access t the City of Pad manage uti specifically ad or procedure form to this Poring of CPAU- on-metered m luding, withouhly utilities bil gas meters ms at different etering will ha change rules d scope of co ction and copyalifornia law. e the City will g ts Informationonable times. City of nformation Teation Security Pa 31 Janua ided that the ty to conduct ties. That infby mobile app d to share suc cy that the CitAlto web site rack, among othe identificat sed the site, aCookies creat d thus do notthe cookie file not to accept to or using the alo Alto Utilitieility services t ddressed in thes, this Policy olicy, unless -collected Info monthly servic ut limitation, thling, business may have theiintervals than ave their Inform applicable to onducting its b ying by the pu grant anyone n will afford ac Palo Alto chnology Services age 6 of 8 ary, 2013 formation plications, ch ty’s web . The others,tion of and the ted on tes from a cookie e City’s esto hey will ormation ces will heirses and ir usage n with mation o business ublic, e online ccess to DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 G) S Exceperso partiereaso perso The C Inforinsta such If the occubreac date(and t H) D The C periodestr I)S The C servi In ord thosetheS proviservi confi Theswhic serviinclu moniterm comp Priorservi evenrequ prom J)F CPAmana Privacy Policy SECURITY,CO ept as otherwions covered b es without theonable contro ons covered b City may auth mation of pernces, the City Information o e City become rred, with resch in accorda (s) of the knowthe proposed DATA RETENTI City will store od is establishruction. SOFTWARE AS City may eng ces, common der to assure e who receiveSaaS services ider, shall desces and/or fu dentiality and se requiremenh the services ces provider’ding disaster itoring service“IT infrastruc puters, and da r to entering inces provider nt that the Saairements duri mptly inform th FAIR AND ACC U will requireage utility ser y NFIDENTIALITY ise provided bby this Policy e express writols that are de by this Policy horize the City rsons who do y will require only in further es aware of a spect to the Inance with app wn or suspecaction to be ION /INFORMA e and secure a hed by law, fo A SERVICE (S age third part nly known as the privacy a ed services fros provider and sign, install, purnishes good d privacy of th nts include infs are provided s operations recovery and es to ensure acture” refers to atabase man nto an agreemto complete a aS services png the course he ISM. URATE CREDIT utility customrvices to them Y AND NON-DIS by applicable as confidenti tten consent oesigned to pro . y’s employee business withthe City’s em rance of City- breach, or ha nformation of licable laws. cted breach, ttaken or the r ATION RETENTI all Information or seven (7) ye SAAS) OVERSI ty contractors Software-as- and security o om the City, ad its subcontr provide, and mds to the City, he Information formation secd to the City, and maintenad business co a secure and o the integrate agement dev ment to providand submit an provider reasoe of providing T TRANSACTIO mers to providm. SCLOSURE law or this Poial and will no of the personotect the conf and or third p h the City or rployee and/o -related busin as reasonable a person, theThe notice of he nature of tresponsive ac ION n for a period ears, and the GHT s and vendors a-Service (Sa of the Informa as a conditionractors, if any maintain a secto the extent n. curity directiveincluding con ance processontinuity plann reliable envired framework vices, upon wh de services ton Information onably determ services, the ON ACT OF 200 de their Inform olicy, the Cityot disclose it, n affected. Thefidentiality and party contrac receive servicor the third pa ness and in ac e grounds to e City will notiff breach will in the Informatioction taken by d of time as m ereafter such i s to provide s aaS). ation of those n of selling goy, including an cure IT envirot any scope of es pertaining nnection to th es needed toning; and (c) t ronment and k, including, w hich digital ne o the City, theSecurity and mines that it cae City will requ 03 mation in orde InInforma y will treat theor permit it to e City will devd security of t ctors to acces ces from the Crty contractor ccordance wit believe that a fy the affectenclude the da on that is the y the City. may be require information w software appli who do busin oods and/or sny IT infrastru onment, whilef work or serv to: (a) the IT e City's IT sy o support the the IT infrastr service availawithout limitat etworks opera e City’s staff w Privacy Que annot fulfill thuire the SaaS er for the City City of nformation Teation Security Pa 31 Janua e Information oo be disclosed velop and mathe Informatio s and/or use City. In thosers to agree to th the Policy. a security bre d person of sate(s) or estim subject of the ed by law, or i will be schedu cation and da ness with the ervices to thecture service e it performs svices implicat infrastructurestems; (b) the IT environmeructure perfor ability to the Ction, data cen ate. will require theestionnaire. In e informationS services pro to initiate and Palo Alto chnology Services age 7 of 8 ary, 2013 ofd, to third aintainon of the use ach has suchmated e breach, if no led for atabase City and e City, s such tes the e, by e SaaS ent,rmance City. The ters, e SaaS n the n security ovider to d DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 Information PVersion 2.2 Fede 108-credi and ipreve CPAwhen chan Ther §179 4. CO Info Chie Utili City Privacy Policy eral regulation 159), includinitor” which pro implement proent, respond U proceduresnever significa nges to CPAU e are Californ 98.92. ONTACTS rmation Secu ef Information ties Departm y Attorney’s O y ns, implement ng the Red Flaovides service ocedures for and mitigate s for potentialant changes t U identity theft nia laws which urity Manager n Officer: Rei ent:Auzenne Office: Kolling, ting the Fair a ag Rules, reqes in advance an identity thpotential iden identity theft to security im t procedures, h are applicab r: Patel, Raj < chental, Jona e, Tom <Tom Grant <Gran and Accurate quire that CPAe of payment eft program fontity theft of its will be reviewplementation or as approp ble to identity Raj.Patel@C athan <Jonath m.Auzenne@C nt.Kolling@Ci Credit Trans AU, as a “covand which ca for new and es customers’ wed independn have occurre priate, so as to y theft; they ar CityofPaloAlto han.Reichent CityofPaloAlto tyofPaloAlto.o InInforma sactions Act o ered financiaan affect cons existing accouInformation. dently by the ed. The ISM w o conform to re set forth in .org> tal@CityofPal o.org org> City of nformation Teation Security Pa 31 Janua of 2003 (Publi l institution orsumer credit, unts to detect, ISM annuallywill recomme this Policy. California Ci loAlto.org> Palo Alto chnology Services age 8 of 8 ary, 2013 c Law rdevelop , y or nd vil Code DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 1 of 3 ATTACHMENTE SOFTWAREASASERVICESECURITYANDPRIVACY TERMSANDCONDITIONS ThisExhibitshallbemadeapartoftheCityofPaloAlto’sProfessionalServicesAgreement oranyothercontractentered intobyandbetweentheCityofPaloAlto(the“City”)andKhalidSalmanA.Mohammed(the“Consultant”)forthe provisionofSoftwareasaServicetotheCity(the“Agreement”). InordertoassuretheprivacyandsecurityofthepersonalinformationoftheCity’scustomersand peoplewhodobusinesswiththeCity,including,withoutlimitation,vendors,utilitycustomers,library patronsandotherindividualsandbusinesses,whoarerequiredtosharesuchinformationwiththe City,asaconditionofreceivingservicesfromtheCityorsellinggoodsandservicestotheCity, including,withoutlimitation,theSoftwareasaServiceservicesprovider(the“Consultant”)andits subcontractors,ifany,including,withoutlimitation,anyInformationTechnology(“IT”)infrastructure servicesprovider,shalldesign,install,provide,andmaintainasecureITenvironment,described below,whileitrendersandperformstheServicesandfurnishesgoods,ifany,describedinthe StatementofWork,ExhibitB,totheextentanyscopeofworkimplicatestheconfidentialityand privacyofthepersonalinformationoftheCity’scustomers.TheConsultantshallfulfillthedataand informationsecurityrequirements(the“Requirements”)setforthinPartAbelow. A“secureITenvironment”includes:(a)theITinfrastructure,bywhichtheServicesareprovidedto theCity,includingconnectiontotheCity'sITsystems;(b)theConsultant’soperationsand maintenanceprocessesneededtosupporttheenvironment,includingdisasterrecoveryandbusiness continuityplanning;and(c)theITinfrastructureperformancemonitoringservicestoensureasecure andreliableenvironmentandserviceavailabilitytotheCity.“ITinfrastructure”referstothe integratedframework,including,withoutlimitation,datacenters,computers,anddatabase managementdevices,uponwhichdigitalnetworksoperate. Intheeventthat,aftertheEffectiveDate,theConsultantreasonablydeterminesthatitcannotfulfill theRequirements,theConsultantshallpromptlyinformtheCityofitsdeterminationandsubmit,in writing,oneormorealternatecountermeasureoptionstotheRequirements(the“Alternate Requirements”assetforthinPartB),whichmaybeacceptedorrejectedinthereasonable satisfactionoftheInformationSecurityManager(the“ISM”). PartA.Requirements: TheConsultantshallatalltimesduringthetermofanycontractbetweentheCityandtheConsultant: (a) Appointordesignateanemployee,preferablyanexecutiveofficer,asthesecurityliaisonto DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 2 of 3 theCitywithrespecttotheServicestobeperformedunderthisAgreement. (b) ProvideafullandcompleteresponsetotheCity’sSupplierSecurityandPrivacyAssessment Questionnaire(the“Questionnaire”)totheISM,andalsoreportanymajornonͲconformance totheRequirements,asandwhenrequested.Theresponseshallincludeadetailed implementationplanofrequiredcountermeasures,whichtheCityrequirestheConsultantto adoptascountermeasuresintheperformanceoftheServices.Inaddition,asoftheannual anniversarydateofthisAgreementtheConsultantshallreporttotheCity,inwriting,any majorchangestotheITinfrastructure. (c) Haveadoptedandimplementedinformationsecurityandprivacypoliciesthatare documented,areaccessibletotheCityandconformtoISO27001/2–InformationSecurity ManagementSystems(ISMS)Standards.Seethefollowing: 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=50297 (d) Conductroutinedataandinformationsecuritycompliancetrainingofitspersonnelthatis appropriatetotheirrole. (e) DevelopandmaintaindetaileddocumentationoftheITinfrastructure,includingsoftware versionsandpatchlevels. (f) Developanindependentlyverifiableprocess,consistentwithindustrystandards,for performingprofessionalandcriminalbackgroundchecksofitsemployeesthat(1)would permitverificationofemployees’personalidentityandemploymentstatus,and(2)would enabletheimmediatedenialofaccesstotheCity'sconfidentialdataandinformationbyany ofitsemployeeswhonolongerwouldrequireaccesstothatinformationorwhoare terminated. (g)ProvidealistofITinfrastructurecomponentsinordertoverifywhethertheConsultanthas metorhasfailedtomeetanyobjectivetermsandconditions. (h) Implementaccessaccountability(identificationandauthentication)architectureandsupport roleͲbaseaccesscontrol(“RBAC”)andsegregationofduties(“SoD”)mechanismsforall personnel,systemsandsoftwareusedtoprovidetheServices.“RBAC”referstoacomputer systemssecurityapproachtorestrictingaccessonlytoauthorizedusers.“SoD”isanapproach thatwouldrequiremorethanoneindividualtocompleteasecuritytaskinordertopromote thedetectionandpreventionoffraudanderrors. (i) AssisttheCityinundertakingannuallyanassessmenttoassurethat:(1)allelementsofthe Services’environmentdesignanddeploymentareknowntotheCity,and(2)ithas implementedmeasuresinaccordancewithindustrybestpracticesapplicabletosecurecoding andsecureITarchitecture. (j) Provideandmaintainsecureintersystemcommunicationpathsthatwouldensurethe confidentiality,integrityandavailabilityoftheCity'sinformation. (k) DeployandmaintainITsystemupgrades,patchesandconfigurationsconformingtocurrent patchand/orreleaselevelsbynotlaterthanone(1)weekafteritsdateofrelease.Emergency securitypatchesmustbeinstalledwithin24hoursafteritsdateofrelease. (l) Provideforthetimelydetectionof,responseto,andthereportingofsecurityincidents, includingonͲgoingincidentmonitoringwithlogging. (m)NotifytheCitywithinone(1)hourofdetectingasecurityincidentthatresultsinthe unauthorizedaccesstoorthemisuseoftheCity'sconfidentialdataandinformation. DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 Page 3 of 3 (n) InformtheCitythatanythirdpartyserviceprovider(s)meet(s)alloftheRequirements. (o)PerformsecurityselfͲauditsonaregularbasisandnotlessfrequentlythanonaquarterly basis,andprovidetherequiredsummaryreportsofthoseselfͲauditstotheISMontheannual anniversarydateoranyotherdateagreedtobytheParties. (p) Accommodate,aspracticable,anduponreasonablepriornoticebytheCity,theCity’s performanceofrandomsitesecurityauditsattheConsultant’ssite(s),includingthesite(s)ofa thirdpartyserviceprovider(s),asapplicable.Thescopeoftheseauditswillextendtothe Consultant’sanditsthirdpartyserviceprovider(s)’awarenessofsecuritypoliciesand practices,systemsconfigurations,accessauthenticationandauthorization,andincident detectionandresponse. (q)CooperatewiththeCitytoensurethattotheextentrequiredbyapplicablelaws,rulesand regulations,theConfidentialInformationwillbeaccessibleonlybytheConsultantandany authorizedthirdpartyserviceprovider’spersonnel. (r) Performregular,reliablesecuredbackupsofalldataneededtomaximizeavailabilityofthe Services. (s) MaintainrecordsrelatingtotheServicesforaperiodofthree(3)yearsaftertheexpirationor earlierterminationofthisAgreementandinamutuallyagreeablestoragemedium.Within thirty(30)daysaftertheeffectivedateofexpirationorearlierterminationofthisAgreement, allofthoserecordsrelatingtotheperformanceoftheServicesshallbeprovidedtotheISM. (t)MaintaintheConfidentialInformationinaccordancewithapplicablefederal,stateandlocal dataandinformationprivacylaws,rulesandregulations. (u) EncrypttheConfidentialInformationbeforedeliveringthesamebyelectronicmailtotheCity andoranyauthorizedrecipient. (v)UnlessotherwiseaddressedintheAgreement,shallnotholdtheCityliableforanydirect, indirectorpunitivedamageswhatsoeverincluding,withoutlimitation,damagesforlossof use,dataorprofits,arisingoutoforinanywayconnectedwiththeCity’sITenvironment, including,withoutlimitation,ITinfrastructurecommunications. PartB.AlternateRequirements: DocuSign Envelope ID: 63A5E929-4E65-40BB-A33B-39CFE003EFD4 City of Palo Alto (ID # 6397) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: DNV GL Contract Amendment 1 Title: Approval of and Authorization for the City Manager to Execute an Amendment to Contract Number C15154740 With DNV GL Energy Services USA Inc. to Extend the Term Through June 30, 2017 and to Increase the Compensation by $31,200 for a Total not-to-Exceed Amount of $265,129.50; and Adoption of a Related Budget Amendment Ordinance for Fiscal Year 2016 to Provide an Appropriation in the Amount of $32,100 From the General Fund Budget Stabilization Reserve From: City Manager Lead Department: City Manager Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached Amendment No. 1 (Attachment A) to Contract C15154740 with DNV GL Energy Services USA Inc. (DNV) to: a. Increase the current “Not to Exceed Compensation” from $233,029.50 to $265,129.50, which represents an increase by $32,100.00 for additional services to allow for Consultant to move the administrative draft Sustainability and Climate Action Plan (S/CAP) to public review draft and Council consideration; and b. Extend the Term of the Contract from its current expiration date of June 30, 2015 to June 30 2017; and 2. Approve a Budget Amendment Ordinance (BAO) to move an amount of $31,200 to the General Fund, offset with a reduction in the General Fund Budget Stabilization Reserve (Attachment B). Executive Summary The S/CAP is the first update since 2007 to the City’s Climate strategies. Palo Alto contracted with DNV in 2014. A contract amendment to increase not-to-exceed compensation by $32,100 and extend the term of the agreement through June 30, 2017 is now needed to allow for the following: Additional tasks associated with completing the S/CAP, including analysis and community engagement activities, including Quantify GHG impacts of existing initiatives out to 2030, Revised list of S/CAP strategies of new initiatives, Revised administrative draft, City of Palo Alto Page 2 Public review draft and final draft, Additional project conference calls, community summit and two additional Council meetings. Background The Sstate of California has set Greenhouse Gas (GHG) reduction targets from a baseline of 1990 levels of 80% by 2050, and 40% by 2030. Palo Alto has reduced its emissions an estimated 33% from the 1990 baseline as of the end 2014. In August 2014, Council approved a contract with DNV in the amount of $233,029.50 to develop the S/CAP for Palo Alto (Staff Report #4996).1 Discussion Work on SCAP commenced in August 2014, and has included: analysis of Palo Alto's sustainability history and circumstances; identification of key issues and potential emissions mitigation strategies; survey of best practices from other cities; engagement with several hundred Palo Altans through a design charrette, an ideas expo, online polls, and regular meetings with the SCAP advisory board; development of analytical models to project the potential GHG reductions from various strategies and combinations of strategies; development of estimated costs and net present value of various strategies and combinations of strategies; as well as assessment of climate risk and adaptation strategies. Consultants have produced an "administrative draft" plan, which was reviewed by staff at a sustainability board retreat in September 2015. Based on that retreat, staff has requested and DNV has proposed several additional work elements to further refine work to date. The scenarios generated by DNV present the strategies and measures necessary to achieve each three designated scenarios: reduction of GHG emissions 80% x 2050, 80% x 2030, and 100% x 2025. Upon review of these scenarios, staff requested additional analysis from the consultant to determine the GHG reduction impacts of measures already underway or committed to by the City, in order to determine the additional measures that would be required to meet the selected goals. The “additional scope of services” attached to Amendment No. 1 describes the new work required from DNV to respond to those requests. Resource Impact Amendment Number One (Attachment A) increases the current “Not to Exceed Compensation” under Contract No. C15154740 from $233,029.50 to $265,129.50, which represents an increase by $32,100.00 for additional services to allow for Consultant to move the administrative draft Sustainability and Climate Action Plan (S/CAP) to public review draft and Council consideration; and 1 Staff Report No. 4996 inadvertently included the incorrect entity name for the vendor. Staff Report No. 4996 identifies the vendor as KEMA Services Inc., when in fact the same vendor had changed its name to DNV. The executed contract with the vendor, No. C15154740 includes the correct entity name, “DNV GL Energy Services USA Inc.” City of Palo Alto Page 3 The Office of Sustainability’s Adopted Operating Budget for Fiscal Year 2016 does not contain sufficient resources to support the increased contract amount. Staff requests approval of the attached Budget Amendment Ordinance (BAO) to increase the department’s Fiscal Year 2016 Operating Budget for contracts by $32,100, offset with a corresponding reduction to the General Fund Budget Stabilization Reserve. Upon approval of the contract amendment and udget Amendment Ordinance, the Department will encumber the funds required for the contract amendment. The total cost of the project, including the Amendment, is summarized in the following table. Summary Breakdown Total Cost Original contract plus contingency (Staff report #4996) $233,029.50 Amendment #1 (Staff Report #6397) $32,100 Revised Contract Grand Total $265,129.50 Policy Implications Developing a new Sustainability and Climate Action Plan has been identified as a priority by this Council. Amendment #1 does not represent a change to existing policies. Environmental Review (If Applicable) Council’s approval of Amendment No. 1 to C15154740 and the related BAO does not meet the California Environmental Quality Act (CEQA) definition of a “project” set forth in California Public Resources Code Sec. 21065, thus no environmental review is required. Attachments: ATTACHMENT A: Amendment No. 1 to Contract No. C15154740 Between the City of Palo Alto and DNV GL Energy Services USA INC. (PDF) ATTACHMENT B: BAO XXXX- DNV GL S.CAP Amendment (DOCX) AMENDMENT NO. 1 TO CONTRACT NO. C15154740 BETWEEN THE CITY OF PALO ALTO AND DNV GL ENERGY SERVICES USA INC. This Amendment No. 1 (“First Amendment”) to Contract No. C15154740 (“Contract”) is entered into December 15, 2015 (“Amendment Effective Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and DNV GL ENERGY SERVICES USA INC., a Massachusetts corporation, authorized to do business in the state of California, with local offices located at 155 Grand Avenue, Suite 500, Oakland, California, 94612 (“CONSULTANT”) (collectively, the “Parties”). R E C I T A L S A. The Contract dated effective July 29, 2014, was entered into between the Parties for Consultant to develop a Sustainability and Climate Action Plan (S/CAP). B. The Parties now wish to extend the Term of the Contract from its current expiration date of June 30, 2015 to June 30 2017. C. The Parties also desire to increase the current “Not to Exceed Compensation” from $233,029.50 to $265,129.50, which includes $32,100.00 for additional services to allow for Consultant to move the administrative draft S/CAP to public review draft and Council consideration, as specified in Exhibit “A1”, Additional Scope of Services. D. To accomplish these purposes, the Parties wish to amend the Contract. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this First Amendment, the Parties agree: SECTION 1. Section 2 TERM. is hereby amended to read as follows: “SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 30, 2017, unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 2. Section 4. NOT TO EXCEED COMPENSATION is hereby amended to read as follows: “SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” and Exhibit “A1”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Sixty-Five Thousand One Hundred Twenty- Nine Dollars and Fifty Cents ($265,129.50). No additional services are contemplated by this Contract. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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 Exhibits “A” & A1.” SECTION 3. The following exhibit(s) to the Contract are hereby added to the Contract, as set forth in the attachment(s) to this First Amendment, and are incorporated in full by this reference: a. Exhibit “A1” entitled “ADDITIONAL SCOPE OF SERVICES”. b. Exhibit “B1” entitled “ADDITIONAL SCHEDULE OF PERFORMANCE”. SECTION 4. The following exhibit to the Contract is hereby amended to read as set forth in the attachment(s) to this Amendment, which is incorporated in full by this reference: a. Exhibit “C” entitled “COMPENSATION”. SECTION 5. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this First Amendment on the Amendment Effective Date. CITY OF PALO ALTO APPROVED AS TO FORM: DNV GL ENERGY SERVICES USA INC. Attachments: EXHIBIT "A1": ADDITIONAL SCOPE OF SERVICES EXHIBIT “B1”: ADDITIONAL SCHEDULE OF PERFORMANCE EXHIBIT "C": COMPENSATION DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A Acting Head of Department EXHIBIT "A1" ADDITIONAL SCOPE OF SERVICES CONSULTANT shall perform the following work steps to move the administrative draft Sustainability and Climate Action Plan (S/CAP) to public review draft and Council consideration. The tasks are associated with completing the additional analysis and community engagement activities to finalize the S/CAP. ADDITIONAL S/CAP TASK DESCRIPTIONS Quantify Greenhouse Gas (GHG) impacts of existing initiatives out to 2030 This task will quantify the estimated GHG savings in 2030 associated with 12 existing CITY initiatives. 1. CITY staff will provide to CONSULTANT an agreed upon list of 12 initiatives to be quantified 2. CONSULTANT will review and issue a request for data/more information needed to quantify the GHG impacts Once the data and information is received, CONSULTANT will proceed with the GHG estimates. Develop revised list of S/CAP strategies of new initiatives With direction from the City’s Office of Sustainability (OoS), incorporating input from the Sustainability Board subcommittee, Sustainability Advisory Board and CONSULTANT Transportation strategies (key issues: what transportation strategies to include and how fast) 1. Deep dive working meeting #T1: CONSULTANT and Nelson/Nygaard (Subconsultant) to review with staff the current list of proposed S/CAP strategies for transportation. (5 hours of consultant time for one hour call) a. Desired outcome. Regarding current list of strategies, identify what additional information, analysis or detail is needed to include the strategy in S/CAP as part of the roadmap. This includes whether additional items should be costed out. b. Desired outcome. Identify any additional strategies or actions that should be included (or desired to be excluded) 2. Analysis by CONSULTANT (or subconsultant Nelson/Nygaard) to refine the list of strategies and associated actions, and modify the GHG savings analysis. (8 hours of consultant time) One example of revised analysis is shifting to a mode share goal (e.g., bike mode share of X%) rather than the bicycle infrastructure build-out goals currently articulated. DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A 3. Analysis by CONSULTANT (or subconsultant Nelson/Nygaard) to estimate costs associated with modified list of transportation strategies, pending direction from the OoS and Sustainability Board subcommittee. (8 hours of consultant time) 4. Deep dive working meeting #T2: Review proposed transportation roadmap for 2030 with Sustainability Board subcommittee (2 hours of consultant time for one hour call, plus 4 hours to develop a modified transportation roadmap for 2030 ) Natural gas strategies (key issues: target rates of adoption associated with different strategies) 1. Deep dive working meeting #NG1: CONSULTANT (Betty and Blake) to review with staff the current list of proposed S/CAP strategies for natural gas. CONSULTANT to incorporate the electrification ideas identified during the Retreat on 9/18 into pre-reading materials or slides (2 hours of consultant time for one hour call + 3 hours of preparation) a. Desired outcome. Regarding current list of strategies, identify what additional information, analysis or detail is needed to determine target rates of technology adoption b. Desired outcome. Identify any additional strategies or actions that should be included (or desired to be excluded) 2. Analysis by CONSULTANT to refine the list of strategies and associated actions, and modify the GHG savings analysis associated with different target levels of adoption. (6 hours of consultant time) 3. Analysis by CONSULTANT to estimate costs associated with modified list of natural gas strategies, pending direction from the the OoS and Sustainability Board subcommittee. Assume the original cost estimates are generally sufficient with only potential minor tweaks. (2 hours of consultant time) 4. Deep dive working meeting #NG2: Review proposed natural gas roadmap for 2030 with Sustainability Board subcommittee (2 hours of consultant time for one hour call, plus 4 hours to develop a modified natural gas roadmap for 2030 ) 5. Solid Waste, Water, Green Infrastructure and Adaptation 1. Deep dive working meeting #W1: CONSULTANT and ESA to review administrative draft content with staff. Assume no changes or prep is needed. (2 hours of consultant time for one hour call) a. Desired outcome. Assess whether the solid waste, water, green infrastructure and adaptation strategies are properly characterized in the S/CAP administrative draft b. Desired outcome. Identify proposed modifications, re-organization or framing 2. Revisions made by CONSULTANT and ESA to develop the revised narrative around solid waste, water, green infrastructure and adaptation (8 hours of consultant time) DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A 3. Deep dive working meeting #W3: Review proposed solid waste, water, green infrastructure and adaptation roadmap for 2030 with Sustainability Board subcommittee (2 hours of consultant time for one hour call, plus 8 hours to develop a modified roadmaps for 2030 ) Revised administrative draft CONSULTANT completed an administrative draft based upon a previously agreed upon outline and set of analyses. Based on input from the Sustainability Board Retreat, CONSULTANT shall develop a revised administrative draft that focuses on a single GHG reduction target as recommended by the Oos. The OoS will recommend a GHG reduction target incorporating input from the Sustainability Board subcommittee and the Sustainability Advisory committee, and others. This shall include the following steps: 1. CONSULTANT to develop a revised outline for review by OoS 2. Administrative draft S/CAP to incorporate new content and analysis completed as part of above activities 3. Two hour meeting with the full Sustainability Board to review recommendations in administrative draft 4. One additional round of minor revisions to the administrative draft Public review draft and final draft As part of the original scope of work, CONSULTANT will assist with final round of edits to the public review draft. Therefore, no additional budget is requested for this task. Following public comments (typically through a community workshop, and online), CONSULTANT will make one round of minor edits to finalize the S/CAP. The OoS will compile the public comments, synthesize any conflicting comments and provide clear direction to CONSULTANT on what edits are needed. No major revisions to S/CAP measures or GHG calculations is included in this scope. Additional project conference calls This task provides support to the Office of Sustainability to continue project conference calls and to meet with the Sustainability Board subcommittee to vet the current proposed list of S/CAP strategies. S/CAP Project conference calls: Assume weekly one hour conference calls through end of 2015 (13 calls) Additional community meeting (Climate Summit) Following attendance at the CompPlan Summit in May 2015, CONSULTANT completed the scope of work as outlined in the S/CAP public engagement plan under the original contract. DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A One additional community meeting is now planned for December 2015. One CONSULTANT staff will attend for 8 hours and provide up to 16 hours assistance preparing materials such as a presentation deck, and content for handouts. Additional Council meetings One additional Council meeting shall be included. DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A EXHIBIT “B1” 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. Milestones Completion Weeks from NTP Quantify GHG impact of existing initiatives 4 Develop revised S/CAP strategies – Transportation 4 Develop revised S/CAP strategies – Natural Gas 4 Develop revised S/CAP strategies – Solid waste, water, green infrastructure and adaptation 4 Revised administrative draft 8 Public review draft and final draft 8 Additional project conference calls TBD Additional community meeting 8 Additional Council meeting (1 meeting) TBD DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” & “A1” (“Services”) and reimbursable expenses shall not exceed $265,129.50. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. Additional Services are not contemplated under this Contract. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $100.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES Although Additional Services are not currently contemplated by City, the CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A Not To Exceed Compensation (“NTE”) for Services – Exhibit “A” Task Subtask Deliverable/Activity NTE Amount Hours Task 1 Subtask 1.1 Background and best practices $ 1,600 100 Subtask 1.2 GHG inventory processes $ 5,400 34 Task 2 Subtask 2.1 Review TDM $ 9,500 59 Subtask 2.2 Transportation analysis $ 11,160 70 Task 3 Subtask 3.1 Develop 3 initial scenarios $ 18,000 113 Subtask 3.2 Develop 3 modified scenarios $ 12,000 75 Task 4 Subtask 4.1 Prioritize strategies $ 10,000 63 Subtask 4.2 Prepare detailed implementation strategies $ 20,000 125 Subtask 4.3 Overall Implementation Plan $ 10,000 63 Subtask 4.4 Subtask 4.4 Recommendations for streamlining the S/CAP process and City management systems $ 8,400 53 Task 5 Subtask 5.1 Sustainability Roadmap $ 12,000 75 Subtask 5.2 Climate risk and adaptation $ 25,000 156 Task 6 Financing Options $ 5,400 34 Task 7 Subtask 7.1 Public Engagement Plan $ 3,500 22 Subtask 7.2 Conduct Outreach $ 14,185 89 Task 8 Coordinate with CompPlan $ 6,000 38 Task 9 Subtask 9.1 Public Facing Presentation $ 4,000 25 Subtask 9.2 Booklet $ 10,000 63 Task 10 Project Management $ 10,800 68 Direct Cost 500 Total NOT TO EXCEED COMPENSATION 211,845 1321 DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A Not to Exceed (“NTE”) Compensation for Additional Scope of Services – Exhibit “A1” Table 1. Additional S/CAP Tasks Section Description NTE Amount 1.1.1 Quantify GHG impact of existing initiatives $7,680 1.1.2 Develop revised S/CAP strategies – Transportation $4,320 1.1.2 Develop revised S/CAP strategies – Natural Gas $3,040 1.1.2 Develop revised S/CAP strategies – Solid waste, water, green infrastructure and adaptation $3,200 1.1.3 Revised administrative draft $7,200 1.1.4 Public review draft and final draft No additional cost 1.1.5 Additional project conference calls $2,340 1.1.6 Additional community meeting $4,320 1.1.7 Additional Council meeting (1 meeting) No additional cost TOTAL NOT TO EXCEED COMPENSATION $32,100 DocuSign Envelope ID: 82B1388B-F159-448D-A07D-BD2EF627140A 1 6397/so Revised November 30, 2015 Ordinance No. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2016 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $32,100 FROM THE GENERAL FUND BUDGET STABILIZATION RESERVE TO THE OFFICE OF SUSTAINABILITY DEPARTMENT TO PROVIDE ADDITIONAL CONTRACT SERVICES IN DEVELOPMENT OF THE SUSTAINABILITY CLIMATE ACTION PLAN (S/CAP) FOR THE CITY OF PALO ALTO The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for fiscal year 2016; and B. The state of California has set Greenhouse Gas (GHG) reduction targets of 80% by 2050 (from a baseline of 1990), and 40% by 2030. Palo Alto has reduced its emissions an estimated 33% from the 1990 baseline as of the end of 2014; and C. In August 2014, Council approved a contract with DNV GL (then KEMA Services Inc.)for development of a Sustainability and Climate Action Plan (S/CAP) for Palo Alto in the amount of $233,029.50 (C15154740)to develop a Sustainability and Climate Action Plan (S/CAP) for Palo Alto; and D. Since August 2014, work on S/CAP has included analysis of Palo Alto's sustainability history and circumstances; identification of key issues and potential emissions mitigation strategies; survey of best practices from other cities; various methods of public engagement, and regular meetings with the SCAP advisory board; development of analytical models to project potential GHG reductions; development of estimated costs and net present value of various strategies and combinations of strategies; as well as assessment of climate risk and adaptation strategies; and ED. In September 2015, the Sustainability board reviewed a consultant-produced "administrative draft" plan at a board retreat. Based on that review, staff requested that DNV GL develop several additional work elements. The scenarios generated by DNV GL present the strategies and measures necessary to achieve each three designated scenarios: reduction of GHG emissions 80% x 2050, 80% x 2030, and 100% x 2025; and FE. Upon review of these scenarios, staff requested additional analysis from the consultant to determine the GHG reduction impacts of measures already underway or committed to by the City, in order to determine the additional measures that would be required to meet the selected goals; and 2 6397/so Revised November 30, 2015 GF. The additional scope of work to allow for Consultant to move the administrative draft S/CAP to public review draft and Council considerationupdate various reduction scenario strategies and quantify the GHG impact of existing initiatives requires an amendment to C15154740 with DNV GL Energy Services USA Inc. (DNV) to increase the current “Not to Exceed Compensation” from $233,029.50 to $265,129.50, which represents an increase by $32,100.00; and to extend the Term of the Contract from its current expiration date of June 30, 2015 to June 30 2017; the original S/CAP contract; and SECTION 2. Therefore, the sum of Thirty Two Thousand One Hundred Dollars ($32,100) is hereby appropriated to the Office of Sustainability Department operating budget and the ending fund balance in the General Fund Budget Strategic Reserve is decreased by Thirty Two Thousand One Hundred Dollars ($32,100). SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. Council’s approval of Amendment No. 1 to C15154740 and the related BAO does not meet the California Environmental Quality Act (CEQA) definition of a “project” set forth in California Public Resources Code Sec. 21065, thus no environmental review is required.The actions taken in this ordinance do not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). INTRODUCED AND PASSED: Enter Date Here AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant Deputy City Attorney City Manager 3 6397/so Revised November 30, 2015 ____________________________ Director of Administrative Services ____________________________ Director of Office of Sustainability City of Palo Alto (ID # 6401) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Addition of Project Manager for IMS and Reporting Title: Amendment of the Table of Organization to add One FTE Project Manager to the Public Works Department to Implement and Maintain the Infrastructure Management System, and to Coordinate Regular Reporting to Council and the Public on Infrastructure Status, Capital Improvement Projects Status, and the Infrastructure Plan, and Adoption of a Related Budget Amendment Ordinance From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve the attached Table of Organization Amendment Ordinance to add 1.0 Project Manager in the Public Works Department and Budget Amendment Ordinance in the amount of $53,913 to fund the 1.0 Project Manager position with a start date effective March 1, 2015 to implement and maintain the Infrastructure Management System and assist with regular status reports to City Council and the public on infrastructure and infrastructure projects. Background In December 2011, the Final Report of the Infrastructure Blue Ribbon Commission (IBRC) recommended establishing an Infrastructure Management System (IMS) that would maintain an up-to-date inventory of the City’s infrastructure assets, track the catch-up and keep-up needs and compare these needs to available funding. Once established, the IMS will be used to generate regular reports on infrastructure status. The FY 2013 Capital Budget established a Capital Improvement Project to implement the IMS. A needs assessment study completed in late 2014 City of Palo Alto Page 2 recommended that two applications already used by the City, Maintenance Connection and Questica, be used to form the IMS. Contracts are being executed with consultant Plante Moran, Maintenance Connection and Questica to begin implementation of the IMS. Council focus on infrastructure and the creation/adoption of the Infrastructure Plan supports the need for better reporting on infrastructure both in terms of project updates for Council and the public and for reports on infrastructure in general (i.e. progress on catch-up and keep-up) emanating from the IMS. Current resources do not support the level of management and reporting required to meet the base recommendations of the IBRC, therefore staff recommends the addition of an FTE to complete implementation, maintain the IMS and report regularly. Discussion Implementation The Project Manager will work with consultants and staff in the Public Works, Planning and Community Environment and Community Services Departments to load existing asset inventory information into Maintenance Connection and existing cost projections into Questica; to develop policies and procedures for capturing operating maintenance, capital maintenance and replacement (CIP) information in Maintenance Connection; and to configure infrastructure reports needed from the IMS. Maintenance The Project Manager will coordinate with departments to ensure operating and capital work is continually uploaded in the IMS, condition assessments are performed and reflected in the IMS and cost projections are updated in Questica. To ensure current projections of infrastructure funding are readily available, the Project Manager will coordinate with the Office of Management and Budget. Reporting The Project Manager will produce reports from the IMS on the condition of the City’s infrastructure and prepare updates on the IMS reports, Infrastructure Plan progress and status of CIP projects for City Council. To inform the public, the Project Manager will coordinate with other departments to create or update CIP City of Palo Alto Page 3 project web pages hosted on the City of Palo Alto website, providing relevant infrastructure project information. In a recent meeting, staff updated former IBRC members on the status of the IMS and implementation plan, including the proposal to add a staff position. IBRC members were supportive of the plan and the addition of staff to ensure progress of the IMS. Once the IMS is fully implemented with routine maintenance and reporting, the project manager’s expertise may also be utilized in planning for and implementing capital projects as time allows. The Project Manager position is proposed to reside in the Engineering Services Division of Public Works. Engineering Services implements the bulk of general fund infrastructure, and adding staff resources for the IMS will avoid diverting staff from completing existing and Council Infrastructure Plan projects. Public Works considered the option of using temporary hourly staff or contract services to avoid adding a new staff position. Due to limitations of annual hours, temporary staff is not able to foster ongoing relationships with staff in multiple departments to coordinate IMS information and reporting on multiple City projects nor are contract services effective as a full replacement for city staff, as contract staff require significant management and direction from City staff. Resource Impact The Project Manager position will work with consultants and staff to implement the final phase of Capital Improvement Program project TE-13004; Infrastructure Management System. Staff recommends approval of the attached BAO to appropriate funding for this Project Manager position in the amount of $53,913 to be funded with 60% Capital Fund funding and 40% General Fund funding. The position is expected to be onboard by March 1, 2016 which is reflected in the prorated cost of the position and included in the BAO. With approval of this recommendation, staff will include the position in the forthcoming FY 2017 Proposed Budget. The ongoing cost is estimated to be approximately $162,000 and will be funded as previously listed. Attachments: Attachment A - Budget Amendment Ordinance (DOCX) Attachment B - Table of Organization Amendment, 1.0 Project Manager Addition, Public Works (PDF) 1 6401/mb Revised December 14, 2015 Attachment A Ordinance No. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2016 TO PROVIDE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $53,913 FOR THE INFRASTRUCTURE MANAGEMENT SYSTEM (TE- 13004) PROJECT OFFSET WITH A REDUCTION OF $32,348 FROM THE CAPITAL IMPROVEMENT FUND INFRASTRUCTURE RESERVE AND A $21,565 TRANSER FROM THE GENERAL FUND BUDGET STABILIZATION RESERVE FOR A NEW PROJECT MANAGER POSITION IN THE PUBLIC WORKS DEPARTMENT The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for fiscal year 2016; and B. In December 2011, the Final Report of the Infrastructure Blue Ribbon Commission (IBRC) recommended establishing an Infrastructure Management System (IMS) that would maintain an up-to-date inventory of the City’s infrastructure assets, track the catch- up and keep-up needs and compare these needs to available funding; and C. In Fiscal Year 2013, the Infrastructure Management System (TE-13004) project was established to implement the IMS system at the recommendation of the IBRC; and D. Current resources do not support the level of management and reporting required to meet the base recommendations of the IBRC, therefore staff recommends the addition of an FTE to complete implementation, maintain the IMS, and report regularly; and E. The total cost of the new Project Manager position with a start date of March 1 for the remainder of the fiscal year is $53,913 and will be funded 60 percent ($32,348) in the Capital Improvement Fund and 40 percent ($21,565) in the General Fund; and SECTION 2. Therefore, the sum of Thirty Two Thousand Three Hundred Forty Eight ($32,348) is hereby appropriated to the Infrastructure Management System Project (TE-13004) and the ending fund balance in the Infrastructure Reserve is hereby reduced by a commensurate amount. SECTION 3. Therefore, the sum of Twenty One Thousand Five Hundred Sixty Five ($21,565) is hereby appropriated in the General Fund and allocated to the Public Works Department and the ending fund balance in the General Fund Budget Stabilization Reserve is reduced by a commensurate amount. 2 6401/mb Revised December 14, 2015 SECTION 4. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 5. The actions taken in this ordinance do not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). INTRODUCED AND PASSED: Enter Date Here AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Administrative Services ____________________________ Director of Public Works *NOT YET APPROVED* Attachment B 151123 jjs 0160090 1 Ordinance No. ________ Ordinance of the Council of the City of Palo Alto Amending the Table of Organization for Fiscal Year 2016 to Incorporate an Additional FTE The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A.As part of its Budget Amendment Ordinance No. 5329 adopting the Fiscal Year 2016 Budget, Council adopted the Fiscal Year 2016 Table of Organization. B. As a result of subsequent Council action, an additional FTE is necessary to the Fiscal Year 2016 Table of Organization. This change is only needed to update the Table of Organization; funding has been identified in the staff report. SECTION 2. The Table of Organization shall be amended by adding 1.0 Project Manager position in the Public Works Department with 0.6 FTEs funded in the General Fund and 0.4 FTEs funded in the Capital Improvement Fund. SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. The Council finds that adoption of this ordinance is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: ___________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ______________________________ Deputy City Attorney City Manager _____________________________ Director of Administrative Services ____________________________ Chief People Officer CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY December 14, 2015 The Honorable City Council Palo Alto, California Adoption of an Ordinance Amending Municipal Code Section 2.04.200 to Move the Day of Policy and Services and Finance Committee Meetings From Tuesdays to Wednesdays Beginning in 2016 Recommendation The Policy and Services Committee unanimously recommends that Council approve the attached ordinance amending Municipal Code section 2.04.200 Standing Committee Meetings to move the regular day of Policy and Services (P&S) and Finance Committee meetings from Tuesdays to Wednesdays, with Policy and Services meeting on the third Wednesday of each month and Finance meeting on the second and fourth Wednesday of each month. Background During the January 2015 retreat, a Council Member proposed that Council consider moving the day of the Council standing committees (Policy and Services and Finance), from Tuesday to some other day. The proposal responded to the challenges that Council Members face preparing for and attending committee meetings on the night following the regular Monday night Council meeting. Council referred the proposal to the P&S Committee for review and recommendation. The Policy and Services Committee considered the matter on August 25, 2015. The Committee discussed potential alternate days that would relieve the logistical pressures of back-to-back evening meetings but would not cause other problems, such as constraints on available meeting space, the ability of the public to attend meetings, impacts on staff that support the Committees and City commissions, and conflicts with other community or intergovernmental meetings. The Committee focused on Wednesday as the most appropriate alternate night for standing committee meetings. The Planning and Transportation Commission (PTC) and Utilities Advisory Committee (UAC) meet on Wednesday nights as well. Policy and Services determined that staff conflicts between UAC and Finance could occur, and therefore directed that Finance Committee meetings be scheduled on Wednesdays when the UAC does not meet. With that refinement, Policy and Services unanimously recommended that Council move the standing committee meetings from Tuesday to Wednesday nights. Discussion Policy and Services recommends adopting the attached ordinance to move regular Council standing committee (Finance and Policy and Services) meetings from Tuesday to Wednesday nights. Special meetings may still be scheduled on alternate dates or times. In May, when two Page 2 budget hearings often are required during a single week, staff anticipates cancelling the Wednesday standing Finance Committee meeting and scheduling special Finance Committee meetings on Tuesdays and Thursdays. This will allow two non-consecutive Finance Committee meetings to be held during a week. Resource Impact Adoption of the attached ordinance requires no additional staff resources. Implementation of the ordinance may impact staff effectiveness, potentially by creating conflicts with other duties. At the same time, staff intends to bring back to Council a supplemental discussion on additional policy changes to the ordinance and our practices, following your adoption of the changes proposed by Policy and Services in the ordinance attached to this item. First, the distinction between Finance and Policy and Services agendas are no longer relevant and for clarity and consistency, a subsequent ordinance change should be brought forward that reduces the Regular Meeting frequency for Finance to once a month, similar to Policy and Services. In practice, both committees are meeting twice a month with regularity and many meetings schedule their start before 7 pm., necessitating calling most meetings a Special Meeting anyway. Second, when either committee meets more than once a month, those would be treated as Special Meetings. That second (Special Meeting) should be scheduled in the daytime, beginning at 2 pm or later, with an end time of 6 pm. The same kind of issues of preparation and effectiveness that informed the Tuesday- to-Wednesday recommended change exists for staff in a major way, with the dramatic increase in night meetings and the span of complex issues and oversight being taken by Council committees in recent years. Policy Implications This action is consistent with existing City policy. Environmental Review This is not a project for the purposes of the California Environmental Quality Act. ATTACHMENTS: Attachment A: Ordinance Amending Standing Committee Meetings (PDF) Department Head: Molly Stump, City Attorney Page 3 NOT YET APPROVED 151201 ep ORD Amending SC Meetings 1 December 1, 2015 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Municipal Code Section 2.04.200 (Standing Committee Meetings) to Move the Day of Standing Meetings for the Policy and Services and Finance Committees from Tuesdays to Wednesdays The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 2.04.200 Standing Committee Meetings of Chapter 2.04 of the Palo Alto Municipal Code is amended to read as follows: “2.04.200 Standing committee meetings. (a) Regular Meetings. Each standing committee shall meet on its designated meeting night(s) at 7:00 p.m. at the City Hall. The policy and services committee shall meet on the second third Tuesday Wednesday of each month and the finance committee shall meet on the first and thirdsecond and fourth Tuesday Wednesday of each month. When additional meetings are necessary, the chairperson of each committee may call a special meeting as provided in subsection (b) of this section. (b) Special Meetings. Special meetings of standing committees may be called by the chairperson with the consent of a majority of the committee's members, but a special meeting so called shall be held at City Hall, or other locations if appropriate, and forty- eight hours' notice must be given to every council member.” SECTION 2. The City Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of this ordinance. SECTION 3. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: NOT YET APPROVED 151201 ep ORD Amending SC Meetings 2 December 1, 2015 ATTEST: APPROVED: ______________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ____________________________ City Manager ______________________________ City Attorney City of Palo Alto (ID # 6365) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Approval of Compliance Program Costs and Minimum Wage Rate Title: Approval of a Contract for Prevailing and Minimum Wage Contract Compliance Program in the Amount of $189,000, Adoption of Resolution Increasing Palo Alto SEIU Hourly and Limited Hourly Employee Wage Rates to Reflect Implementation of City’s Minimum Wage Ordinance and Adoption of a Related Budget Amendment Ordinance From: City Manager Lead Department: Administrative Services Recommendation Staff recommends that the Council: 1) Approve and authorize City Manager or designee to execute the attached contract amendment for prevailing and minimum wage compliance functions (Attachment A); 2) Approve the resolution for amending the wage rates adding a new minimum wage (Attachment B) and 3) Approve the attached budget amendment ordinance (BAO) to increase the budget for prevailing and minimum wage and disadvantaged business enterprise compliance activities (Attachment C). Background The Council passed a resolution on prevailing wage on December 1, 2014. The resolution requires that prevailing wage be paid on City construction projects to ensure the City has access to state and federal grant funding and to be in compliance with State Senate Bill 7 from 2013. On October 19, 2015 Council passed an ordinance setting a minimum wage of $11.00 per hour for people working in Palo Alto effective January 1, 2016. Both prevailing wage and minimum wage require monitoring, oversight and a level of enforcement. Since early 2015 staff has been working to comply with prevailing wage on city projects. Prevailing wage requirements have been included in City bidding documents. As such, vendors have been required to pay prevailing wages on City projects. It’s the role of the City of Palo Alto Page 2 City to monitor and ensure that vendors are complying with state prevailing wage requirements and that employers in the City comply with the new minimum wage requirements. In October staff provided in-house training to City project managers on the process of ensuring compliance with prevailing wage. Additionally, in October the City contracted with an experienced prevailing and minimum wage expert to help develop the City’s prevailing and minimum wage programs and establish an effective compliance process. The compliance function is common in cities that have a large volume of projects that must comply with prevailing wage and disadvantaged business enterprise laws. Initial funding for the temporary compliance position in the amount of $35,000 was funded from the City Manager’s Contingency Account. Discussion The contract for the compliance function allows the City to actively enforce prevailing wage requirements for City projects as required by State law and to establish the minimum wage compliance function. The compliance contractor will review pay records from vendors, conduct training for city staff, make site visits to construction sites and take enforcement action as needed. During the next six to twelve months, with the help of the compliance contractor, staff will evaluate the level of resources needed to maintain an active compliance program on an ongoing basis. Staff expects to return to Council during the FY2017 budget period with a recommendation of permanent resources needed to support a prevailing and minimum wage compliance program. During the month of August 2015 ASD/Purchasing solicited staffing agencies that were identified as capable of providing compliance services to assist with developing and instituting minimum and prevailing wage, and Disadvantaged Business Enterprise (DBE) programs. Of the responses received only one staffing agency was able to offer experienced wage and hour compliance services (see bidders list; Attachment D). This contractor has exceptional experience and knowledge of the three areas we seek to establish compliance enforcement for the City. The City is also required to oversee a Disadvantaged Business Enterprise (DBE) program. The City is subject to DBE requirements when using federal funds. The largest recipient of federal funds for contracts is the Palo Alto Airport. Administration of DBE involves outreach events, disparity studies and reporting. For minimum wage compliance the City has contracted with the City of San Jose Office of Equality Assurance. The contract is in the amount of $20,000 and provides compliant review and follow-up services. The contract with San Jose does not require Council approval since it is under the Council approval threshold of $85,000, however the contract document is attached for reference (Attachment E). It’s important to point out that the California Department of Industrial Relations also has oversight and enforcement powers for ensuring minimum wage compliance statewide. City of Palo Alto Page 3 By December 1, 2015, the City will send information to employers that do business in the City of Palo Alto outlining the minimum wage requirements. This information will also be made available on the City’s website. The City of Palo Alto has eleven classifications that have a starting hourly rate that is below $11 an hour. There is currently one employee in the SEIU Hourly group and 59 employees in the Limited Hourly group who are earning below $11 per hour. The City will be adjusting the hourly rate for these employees to comply with the new minimum wage requirement. In addition, the City will be adjusting the pay ranges for these classifications such that the lowest step in the range complies with the new minimum wage requirement. In addition, the City will be adjusting the pay range for these classifications, as well as the minimum hourly rate for General Laborer, Journey Level Laborer and Management Specialist, such that the lowest hourly rate in the range complies with the new minimum wage requirement. This means that in total, an adjustment will be made to the hourly rate of 76 employees. All new employees hired into these classifications will be hired at or above $11 per hour. The City has met and conferred with SEIU-H on this matter. Lastly, in order to be compliant with the CalPERS requirement that pay schedules include pay amounts within a publicly available pay schedule, a minimum and maximum hourly rate has been set for the Inspector, General Laborer, Journey Level Laborer and Management Specialist classifications. The fiscal impact of these changes is estimated to be $20,000. Below is a table showing the change in the hourly rates. City of Palo Alto Page 4 SEIU Hourly Group Current Hourly Rates Job Code Title Step 1 Step 2 Step 3 Step 4 Step 5 9008 Instructor Aide - H 9.89 10.41 10.96 11.54 12.15 9019 Recreation Aide - H 9.89 10.41 10.96 11.54 12.15 9020 Recreation Leader I - H 9.89 10.41 10.96 11.54 12.15 9026 Arts & Science Aide - H 9.66 10.17 10.71 11.27 11.86 9035 General Laborer-H Min 10.00 Max TBD 9033 Journey Level - H Min 10.00 Max TBD 9033 Inspector -H Min 26.87 Max TBD Proposed Hourly Rates 9008 Instructor Aide - H 11.00 11.58 12.19 12.83 13.51 9019 Recreation Aide - H 11.00 11.58 12.19 12.83 13.51 9020 Recreation Leader I - H 11.00 11.58 12.19 12.83 13.51 9026 Arts & Science Aide - H 11.00 11.58 12.19 12.83 13.51 9035 General Laborer-H Min 11.00 Max 60.00 9033 Journey Level - H Min 11.00 Max 80.00 9033 Inspector -H Min 11.00 Max 60.00 Limited Hourly Group Current Hourly Rates Job Code Title Step 1 Step 2 Step 3 Step 4 Step 5 921 Instructor Aide 9.89 10.41 10.96 11.54 12.15 940 Recreation Aide 9.89 10.41 10.96 11.54 12.15 941 Recreation Leader I 9.89 10.41 10.96 11.54 12.15 954 Arts & Science Aide 9.66 10.17 10.71 11.27 11.86 972 Management Specialist Min 10.00 Max TBD Proposed Hourly Rates 921 Instructor Aide - H 11.00 11.58 12.19 12.83 13.51 940 Recreation Aide - H 11.00 11.58 12.19 12.83 13.51 941 Recreation Leader I - H 11.00 11.58 12.19 12.83 13.51 954 Arts & Science Aide – H 11.00 11.58 12.19 12.83 13.51 972 Management Specialist Min 11.00 Max 100.00 Timeline/Next Steps Over the next six-to-twelve months the City will rely on a contractor to establish and coordinate compliance functions During this time the contractor will monitor and take action on all compliance matters as well as layout new processes and evaluate the resource needs for the City of Palo Alto Page 5 ongoing compliance program Staff expects to return to Council during the FY2017 budget process to recommend permanent funding for the compliance program. Resource Impact Staff estimates total funding for the next twelve months, starting in January, of $213,000 as outlined in the table below. The attached budget amendment ordinance includes an additional amount of $35,000 to be returned to the City Manager’s contingency account for a total of $248,000. These costs were derived once the full scope of activities for prevailing wage, minimum wage and DBE compliance were assessed. Summary of Costs Contract compliance services (1 year) (The full contract amount is $189,000, however $35,000 of the contract was already funded via the City Manager’s contingency.) $154,000 San Jose Minimum Wage Contract $20,000 Wage Compliance Software (hosted) $25,000 Training, outreach and related costs $14,000 Total $213,000 For Fiscal Year 2016, the additional costs for SEIU hourly positions is expected to be absorbed within department budgets from vacancy savings. For Fiscal Year 2017, department budgets will be adjusted given the new salary ranges for the effected positions. Policy Implications Recommendations outlined in this staff report are consistent with Council policies on minimum wage and prevailing wage. Environmental Review These actions are not considered a project for the purposes of the California Environmental Quality Act. Attachments: Attachment A: Contract S16161970 Compliance Services (PDF) Attachment B: Reso Amending Salary Schedules for Hourly & SEIU RE: Minimum Wage (PDF) Attachment C: BAO - Contract Compliance Program (DOCX) Attachment D: Bidders List (DOCX) Attachment E: San Jose Compliance Services (PDF) DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B CITY OF PALO ALTO CONTRACT NO.S16161970 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MATERIALS & CONTRACT SERVICES FOR PROFESSIONAL SERVICES This Agreement is entered into on this 15th day of October, 2015, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MATERIAL AND CONTRACT SERVICES, INC., a California corporation, located at 5820 Stoneridge Mall, Pleasanton, CA 94588 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to seek a temporary Compliance Officer (“Project”) and desires to engage a consultant to provide staffing services in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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 oncall agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A- 1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope ofwork, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through October 14, 2016 unless terminated earlier pursuant to Section 19 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 Exhibits “A” and “B”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed eighty-four thousand dollars ($84,000.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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. Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B All of the services to be furnished by CONSULTANT 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Mr. Kato Cooks as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is John Montenero, Administrative Services Department, Purchasing & Contracts Administration Division, 250 Hamilton Ave., Palo Alto, CA 94303, Telephone: 650- 329-2300. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 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, Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B incorporated by reference and may be 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: All printed materials provided by CCONSULTANT 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 postconsumer material and printed with vegetable based inks. 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 Division’s office. 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. NON-APPROPRIATION. 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. // // // // // // // Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO MATERIAL AND CONTRACT SERVICES, INC. APPROVED AS TO FORM: Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B EXHIBIT “A” SCOPE OF SERVICES CONSULTANT will provide temporary contractor employment to work for the City for the project(s) set forth in this Scope of Services. Consultant’s contractor employee will perform, but not be limited to the activities as part of this assignment; CONTRACTOR will institute oversight for the City of Palo Alto’s Compliance Programs, functioning as an objective body under the Administrative Services Department. The primary purpose of the position is to establish and ensure that all of the City’s regulatory compliance requirements meet with the rules and regulations of local and over-arching federal/state agencies, as well as other possible areas of compliance, as may be assigned, e.g. the City’s policies and procedures are being followed. BACKGROUND: The State of California passed SB7 / SB854 requiring municipalities to comply with prevailing wage and certified payroll requirements on construction related projects requiring a compliance enforcement program; The City of Palo Alto is required to meet compliance with regulatory requirements, like DBE goals, on federal and state grant funded projects requiring a compliance enforcement program; The City of Palo Alto has established its own Minimum Wage Ordinance also requiring a compliance enforcement program. The City of Palo Alto currently has SAP for its ERP system, Planet Bids for its e-Procurement Purchasing and Contracts Management system. These systems may help serve as tools for the compliance enforcement of the required areas of compliance. Contractor Compliance Officer will office within the Administration Services Department of Palo Alto City Hall and report to the Chief Procurement Office. Some local travel is required as the Compliance Officer will need to conduct field visits outside of the office to outlaying departments, job sights, and around the City as necessary. DUTIES & RESPONSIBILITIES: The Contractor Compliance Officer will help to develop, implement, test, roll-out and institute an effective set of compliance enforcement programs, inclusive of establishing the policies, systems and processes of monitoring, reviewing, evaluating and reporting on the compliance enforcement programs designated by the City of Palo Alto. The compliance enforcement programs to be instituted shall at a minimum meet regulatory requirements of Palo Alto City business requiring compliance and enforcement of the following: the State of California Department of Industrial Relation’s (DIR) SB7/SB854 and CalTrans for prevailing wage ordinances; Federal Disadvantaged Business Enterprise (DBE) goals as applicable to grant funded City projects; The City’s local Minimum Wage Ordinance in contract association with enforcement services from the City of San Jose, California; And any other local/state/federal compliance requirements the City may designate. The Contractor Compliance Officer shall develop and ensure establishment of policy and procedures for meeting compliance objectives in coordination with ASD/Contracts Administration, City Manager’s Office, and project managers of various City departments. Inclusive of how to remain current on the status of relevant compliance activities and to identify Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B trends to direct compliance issues to appropriate existing channels for investigation and resolution; Collaborate with other departments (e.g., Administrative Services, City Manager’s Office, City Attorney’s Office, Risk Management, City Auditor, etc.) to further address areas of non-conformance and potential liability as needed to resolve these difficult compliance issues. The Contractor Compliance Officer shall ensure establishing systems, policy, procedures for Monitoring the performance of the Compliance Programs and related activities as a continuous basis, performing calculations and analysis in meeting pertinent federal and state standards of DBE performance goals, certified payroll/prevailing wage requirements, etc. The Contractor Compliance Officer shall ensure establishing systems, policy, procedures of appropriate steps to improve compliance effectiveness by conducting periodic risk assessments and response plans, identifying potential areas of compliance vulnerability and risk; developing & implementing corrective action plans for resolution of problematic issues, and provides general guidance on how to avoid or deal with similar situations in the future. The Contractor Compliance Officer shall ensure establishing systems, policy, procedures of valued reporting for appropriate and/or required city stakeholders. Detailing compliance performance, including but not limited to identifying potential areas of compliance vulnerability and risk; develops/implements corrective action plans for resolution of problematic issues, and provides general guidance on how to avoid or deal with similar situations in the future. The Contractor Compliance Officer shall ensure that any instituted compliance procedures employ the use of any existing or proposed cloud-based technology tools of the City, wherever applicable. END OF SCOPE. Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the services described in Exhibit A “Scope of Services” so as to complete each milestone within the reasonable time necessary. 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. Milestones 1. Establish policy/procedures for Prevailing Wage Compliance/Enforcement 2. Establish policy/procedures for Disadvantaged Business Enterprise Compliance/Enforcement 3. Establish policy/procedure for Minimum Wage Compliance/Enforcement 4. Establish other policy/procedure Compliance/Enforcement – as may be directed Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $84,000. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. Professional Services Rev. March 31, 2015 ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B EXHIBIT “C-1” HOURLY RATE SCHEDULE MACS hourly Rate Fee …………………………………… $91.00 No Overtime Rate permitted. ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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. ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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 POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE EMAILED OR MAILED TO: InsuranceCerts@CityofPaloAlto.org ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B 1 Revision April 28, 2014 AMENDMENT NO. 1 TO CONTRACT NO. S16161970 BETWEEN THE CITY OF PALO ALTO AND MATERIALS & CONTRACT SERVICE This Amendment No. 1 to Contract No. S16161970 (“Contract”) is entered into January 01, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MATERIALS & CONTRACT SERVICE, a Californian corporation, located at 5820 Stoneridge Mall, Pleasanton, CA 94588 (“CONSULTANT”). R E C I T A L S A. The Contract was entered into between the parties for the provision of providing temporary contractor employment for the City. B. The parties wish to amend the Contract. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. SECTION 4. NOT TO EXCEED COMPENSATION. “The compensation to be paid to “CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed eighty-four thousand dollars ($189,000.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”.” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit “C” entitled “COMPENSATION”. // // ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B 2 Revision April 28, 2014 SECTION 5. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: _____________________________ Senior Asst. City Attorney MATERIALS & CONTRACT SERVICES Attachments EXHIBIT "C": Compensation ATTACHMENT A DocuSign Envelope ID: E69DDF9F-C62A-4EA9-A3F0-F9A35E03620B 3 Revision April 28, 2014 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $189,000.00. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. ATTACHMENT A *NOT YET APPROVED* 151119 sh 0160087 1 Resolution No. ______ Resolution of the Council of the City of Palo Alto Amending Salary Schedules for the Service Employees International Union, Local 521 Hourly Unit (SEIU-H) and the Limited Hourly Employees Increasing Rates to Reflect Implementation of City’s Minimum Wage Ordinance The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Salary Schedule in the 2012-2017 Memorandum of Agreement with the Service Employees International Union, Local 521 Hourly Unit (SEIU-H), as adopted by Resolution No. 9450 is hereby amended as set forth in Exhibit “A”, attached hereto and incorporated herein by reference, effective January 1, 2016. SECTION 2. The Salary Schedule in the 2014-2017 Compensation Plan with the Limited Hourly Employees is hereby amended as set forth in Exhibit “B”, attached hereto and incorporated herein by reference, effective January 1, 2016. SECTION 3. The Director of Administrative Services is authorized to implement the amended salary schedules set forth in Sections 1 and 2. SECTION 4. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ______________________________ Deputy City Attorney City Manager _____________________________ Director of Administrative Services ____________________________ Chief People Officer EXHIBIT “A” ATTACHMENT B SEIU Hourly Salary Schedule effective on 01/01/2016 Steps Rate Steps Rate Steps Rate Steps Rate Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 $22.24 Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 $23.41 Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 $24.64 Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 $25.94 Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 $27.31 Step 1 $25.52 Step 1 $26.03 Step 1 $26.03 Step 1 $26.55 Step 2 $26.86 Step 2 $27.40 Step 2 $27.40 Step 2 $27.95 Step 3 $28.27 Step 3 $28.84 Step 3 $28.84 Step 3 $29.42 Step 4 $29.76 Step 4 $30.36 Step 4 $30.36 Step 4 $30.97 Step 5 $31.33 Step 5 $31.96 Step 5 $31.96 Step 5 $32.60 Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 $22.24 Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 $23.41 Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 $24.64 Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 $25.94 Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 $27.31 Step 1 $19.74 Step 1 $20.13 Step 1 $20.13 Step 1 $20.54 Step 2 $20.78 Step 2 $21.19 Step 2 $21.19 Step 2 $21.62 Step 3 $21.87 Step 3 $22.31 Step 3 $22.31 Step 3 $22.76 Step 4 $23.02 Step 4 $23.48 Step 4 $23.48 Step 4 $23.96 Step 5 $24.23 Step 5 $24.72 Step 5 $24.72 Step 5 $25.22 Step 1 $17.31 Step 1 $17.66 Step 1 $17.66 Step 1 $18.01 Step 2 $18.22 Step 2 $18.59 Step 2 $18.59 Step 2 $18.96 Step 3 $19.18 Step 3 $19.57 Step 3 $19.57 Step 3 $19.96 Step 4 $20.19 Step 4 $20.60 Step 4 $20.60 Step 4 $21.01 Step 5 $21.25 Step 5 $21.68 Step 5 $21.68 Step 5 $22.12 Clerical Assistant - H9004Non-exempt Administrative Specialist II - H 9002 Non-exempt Assistant Park Ranger - H 9003 Non-exempt Building Service Person - H Job Title Salary Effective upon MOA 9001 Non-exempt Job Code FLSA Salary Effective 07/01/2015 Salary Effective 01/01/2016 Salary Effective 07/01/2016 9000 Non-exempt Administrative Specialist I – H ATTACHMENT B SEIU Hourly Salary Schedule effective on 01/01/2016 Step 1 $13.98 Step 1 $14.27 Step 1 $14.27 Step 1 $14.56 Step 2 $14.72 Step 2 $15.02 Step 2 $15.02 Step 2 $15.33 Step 3 $15.49 Step 3 $15.81 Step 3 $15.81 Step 3 $16.14 Step 4 $16.31 Step 4 $16.64 Step 4 $16.64 Step 4 $16.99 Step 5 $17.17 Step 5 $17.52 Step 5 $17.52 Step 5 $17.88 Step 1 $16.36 Step 1 $16.70 Step 1 $16.70 Step 1 $17.03 Step 2 $17.22 Step 2 $17.58 Step 2 $17.58 Step 2 $17.93 Step 3 $18.13 Step 3 $18.50 Step 3 $18.50 Step 3 $18.87 Step 4 $19.08 Step 4 $19.47 Step 4 $19.47 Step 4 $19.86 Step 5 $20.08 Step 5 $20.49 Step 5 $20.49 Step 5 $20.90 Step 1 $16.08 Step 1 $16.41 Step 1 $16.41 Step 1 $16.74 Step 2 $16.93 Step 2 $17.27 Step 2 $17.27 Step 2 $17.62 Step 3 $17.82 Step 3 $18.18 Step 3 $18.18 Step 3 $18.55 Step 4 $18.76 Step 4 $19.14 Step 4 $19.14 Step 4 $19.53 Step 5 $19.75 Step 5 $20.15 Step 5 $20.15 Step 5 $20.56 Step 1 $9.69 Step 1 $9.89 Step 1 $11.00 Step 1 $11.24 Step 2 $10.20 Step 2 $10.41 Step 2 $11.58 Step 2 $11.83 Step 3 $10.74 Step 3 $10.96 Step 3 $12.19 Step 3 $12.45 Step 4 $11.31 Step 4 $11.54 Step 4 $12.83 Step 4 $13.10 Step 5 $11.91 Step 5 $12.15 Step 5 $13.51 Step 5 $13.79 Step 1 $20.20 Step 1 $20.62 Step 1 $20.62 Step 1 $21.02 Step 2 $21.26 Step 2 $21.70 Step 2 $21.70 Step 2 $22.13 Step 3 $22.38 Step 3 $22.84 Step 3 $22.84 Step 3 $23.29 Step 4 $23.56 Step 4 $24.04 Step 4 $24.04 Step 4 $24.52 Step 5 $24.80 Step 5 $25.30 Step 5 $25.30 Step 5 $25.81 Step 1 $24.61 Step 1 $25.10 Step 1 $25.10 Step 1 $25.60 Step 2 $25.90 Step 2 $26.42 Step 2 $26.42 Step 2 $26.95 Step 3 $27.26 Step 3 $27.81 Step 3 $27.81 Step 3 $28.37 Step 4 $28.69 Step 4 $29.27 Step 4 $29.27 Step 4 $29.86 Step 5 $30.20 Step 5 $30.81 Step 5 $30.81 Step 5 $31.43 Instructor II - H9010Non-exempt Non-exempt House Manager - H 9008 Non-exempt Instructor Aide - H 9009 Non-exempt Instructor I - H 9005 Non-exempt Custodial Aide - H 9006 Non-exempt Custodial Assistant - H 9007 ATTACHMENT B SEIU Hourly Salary Schedule effective on 01/01/2016 Step 1 $28.31 Step 1 $28.89 Step 1 $28.89 Step 1 $29.46 Step 2 $29.80 Step 2 $30.41 Step 2 $30.41 Step 2 $31.01 Step 3 $31.37 Step 3 $32.01 Step 3 $32.01 Step 3 $32.64 Step 4 $33.02 Step 4 $33.69 Step 4 $33.69 Step 4 $34.36 Step 5 $34.76 Step 5 $35.46 Step 5 $35.46 Step 5 $36.17 Step 1 $25.98 Step 1 $26.50 Step 1 $26.50 Step 1 $27.03 Step 2 $27.35 Step 2 $27.89 Step 2 $27.89 Step 2 $28.45 Step 3 $28.79 Step 3 $29.36 Step 3 $29.36 Step 3 $29.95 Step 4 $30.30 Step 4 $30.90 Step 4 $30.90 Step 4 $31.53 Step 5 $31.89 Step 5 $32.53 Step 5 $32.53 Step 5 $33.19 Step 1 $19.33 Step 1 $19.73 Step 1 $19.73 Step 1 $20.13 Step 2 $20.35 Step 2 $20.77 Step 2 $20.77 Step 2 $21.19 Step 3 $21.42 Step 3 $21.86 Step 3 $21.86 Step 3 $22.30 Step 4 $22.55 Step 4 $23.01 Step 4 $23.01 Step 4 $23.47 Step 5 $23.74 Step 5 $24.22 Step 5 $24.22 Step 5 $24.71 Step 1 $11.85 Step 1 $12.09 Step 1 $12.09 Step 1 $12.34 Step 2 $12.47 Step 2 $12.73 Step 2 $12.73 Step 2 $12.99 Step 3 $13.13 Step 3 $13.40 Step 3 $13.40 Step 3 $13.67 Step 4 $13.82 Step 4 $14.11 Step 4 $14.11 Step 4 $14.39 Step 5 $14.55 Step 5 $14.85 Step 5 $14.85 Step 5 $15.15 Step 1 $15.56 Step 1 $15.87 Step 1 $15.87 Step 1 $16.20 Step 2 $16.38 Step 2 $16.71 Step 2 $16.71 Step 2 $17.05 Step 3 $17.24 Step 3 $17.59 Step 3 $17.59 Step 3 $17.95 Step 4 $18.15 Step 4 $18.52 Step 4 $18.52 Step 4 $18.89 Step 5 $19.10 Step 5 $19.49 Step 5 $19.49 Step 5 $19.88 Step 1 $15.56 Step 1 $15.87 Step 1 $15.87 Step 1 $16.20 Step 2 $16.38 Step 2 $16.71 Step 2 $16.71 Step 2 $17.05 Step 3 $17.24 Step 3 $17.59 Step 3 $17.59 Step 3 $17.95 Step 4 $18.15 Step 4 $18.52 Step 4 $18.52 Step 4 $18.89 Step 5 $19.10 Step 5 $19.49 Step 5 $19.49 Step 5 $19.88 Open Space Technician - H Library Clerk - H 9013 Non-exempt Library Page - H 9014 Non-exempt Maintenance Assistant - H 9036 Non-exempt Instructor III-H 9011 Non-exempt Librarian - H 9015 Non-exempt 9012 Non-exempt ATTACHMENT B SEIU Hourly Salary Schedule effective on 01/01/2016 Step 1 $19.33 Step 1 $19.73 Step 1 $19.73 Step 1 $20.13 Step 2 $20.35 Step 2 $20.77 Step 2 $20.77 Step 2 $21.19 Step 3 $21.42 Step 3 $21.86 Step 3 $21.86 Step 3 $22.30 Step 4 $22.55 Step 4 $23.01 Step 4 $23.01 Step 4 $23.47 Step 5 $23.74 Step 5 $24.22 Step 5 $24.22 Step 5 $24.71 Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 $22.24 Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 $23.41 Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 $24.64 Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 $25.94 Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 $27.31 Step 1 $9.69 Step 1 $9.89 Step 1 $11.00 Step 1 $11.24 Step 2 $10.20 Step 2 $10.41 Step 2 $11.58 Step 2 $11.83 Step 3 $10.74 Step 3 $10.96 Step 3 $12.19 Step 3 $12.45 Step 4 $11.31 Step 4 $11.54 Step 4 $12.83 Step 4 $13.10 Step 5 $11.91 Step 5 $12.15 Step 5 $13.51 Step 5 $13.79 Step 1 $9.69 Step 1 $9.89 Step 1 $11.00 Step 1 $11.24 Step 2 $10.20 Step 2 $10.41 Step 2 $11.58 Step 2 $11.83 Step 3 $10.74 Step 3 $10.96 Step 3 $12.19 Step 3 $12.45 Step 4 $11.31 Step 4 $11.54 Step 4 $12.83 Step 4 $13.10 Step 5 $11.91 Step 5 $12.15 Step 5 $13.51 Step 5 $13.79 Step 1 $13.12 Step 1 $13.39 Step 1 $13.39 Step 1 $13.64 Step 2 $13.81 Step 2 $14.09 Step 2 $14.09 Step 2 $14.36 Step 3 $14.54 Step 3 $14.83 Step 3 $14.83 Step 3 $15.12 Step 4 $15.30 Step 4 $15.61 Step 4 $15.61 Step 4 $15.92 Step 5 $16.10 Step 5 $16.43 Step 5 $16.43 Step 5 $16.76 Step 1 $16.32 Step 1 $16.65 Step 1 $16.65 Step 1 $16.99 Step 2 $17.18 Step 2 $17.53 Step 2 $17.53 Step 2 $17.88 Step 3 $18.08 Step 3 $18.45 Step 3 $18.45 Step 3 $18.82 Step 4 $19.03 Step 4 $19.42 Step 4 $19.42 Step 4 $19.81 Step 5 $20.03 Step 5 $20.44 Step 5 $20.44 Step 5 $20.85 Recreation Leader III - H Recreation Aide - H 9020 Non-exempt Recreation Leader I - H 9021 Non-exempt Recreation Leader II - H 9016 Non-exempt Print Shop Assistant - H 9018 Non-exempt Project Specialist - H 9022 Non-exempt 9019 Non-exempt ATTACHMENT B SEIU Hourly Salary Schedule effective on 01/01/2016 Step 1 $15.48 Step 1 $15.79 Step 1 $15.79 Step 1 $16.10 Step 2 $16.29 Step 2 $16.62 Step 2 $16.62 Step 2 $16.95 Step 3 $17.15 Step 3 $17.49 Step 3 $17.49 Step 3 $17.84 Step 4 $18.05 Step 4 $18.41 Step 4 $18.41 Step 4 $18.78 Step 5 $19.00 Step 5 $19.38 Step 5 $19.38 Step 5 $19.77 Step 1 $11.06 Step 1 $11.29 Step 1 $11.29 Step 1 $11.50 Step 2 $11.64 Step 2 $11.88 Step 2 $11.88 Step 2 $12.11 Step 3 $12.25 Step 3 $12.50 Step 3 $12.50 Step 3 $12.75 Step 4 $12.89 Step 4 $13.16 Step 4 $13.16 Step 4 $13.42 Step 5 $13.57 Step 5 $13.85 Step 5 $13.85 Step 5 $14.13 Step 1 $17.31 Step 1 $17.66 Step 1 $17.66 Step 1 $18.01 Step 2 $18.22 Step 2 $18.59 Step 2 $18.59 Step 2 $18.96 Step 3 $19.18 Step 3 $19.57 Step 3 $19.57 Step 3 $19.96 Step 4 $20.19 Step 4 $20.60 Step 4 $20.60 Step 4 $21.01 Step 5 $21.25 Step 5 $21.68 Step 5 $21.68 Step 5 $22.12 Step 1 $9.47 Step 1 $9.66 Step 1 $11.00 Step 1 $11.24 Step 2 $9.97 Step 2 $10.17 Step 2 $11.58 Step 2 $11.83 Step 3 $10.49 Step 3 $10.71 Step 3 $12.19 Step 3 $12.45 Step 4 $11.04 Step 4 $11.27 Step 4 $12.83 Step 4 $13.10 Step 5 $11.62 Step 5 $11.86 Step 5 $13.51 Step 5 $13.79 Step 1 $20.20 Step 1 $20.62 Step 1 $20.62 Step 1 $21.02 Step 2 $21.26 Step 2 $21.70 Step 2 $21.70 Step 2 $22.13 Step 3 $22.38 Step 3 $22.84 Step 3 $22.84 Step 3 $23.29 Step 4 $23.56 Step 4 $24.04 Step 4 $24.04 Step 4 $24.52 Step 5 $24.80 Step 5 $25.30 Step 5 $25.30 Step 5 $25.81 Step 1 $24.61 Step 1 $25.10 Step 1 $25.10 Step 1 $25.60 Step 2 $25.90 Step 2 $26.42 Step 2 $26.42 Step 2 $26.95 Step 3 $27.26 Step 3 $27.81 Step 3 $27.81 Step 3 $28.37 Step 4 $28.69 Step 4 $29.27 Step 4 $29.27 Step 4 $29.86 Step 5 $30.20 Step 5 $30.81 Step 5 $30.81 Step 5 $31.43 Arts & Science Professional II - H Technical Specialist - H 9026 Non-exempt Arts & Science Aide - H 9027 Non-exempt Arts & Science Professional I - H 9023 Non-exempt Stock Clerk - H 9024 Non-exempt Swim Instructor/Life Guard - H 9028 Non-exempt 9025 Non-exempt ATTACHMENT B SEIU Hourly Salary Schedule effective on 01/01/2016 Step 1 $28.31 Step 1 $28.89 Step 1 $28.89 Step 1 $29.46 Step 2 $29.80 Step 2 $30.41 Step 2 $30.41 Step 2 $31.01 Step 3 $31.37 Step 3 $32.01 Step 3 $32.01 Step 3 $32.64 Step 4 $33.02 Step 4 $33.69 Step 4 $33.69 Step 4 $34.36 Step 5 $34.76 Step 5 $35.46 Step 5 $35.46 Step 5 $36.17 Step 1 $14.35 Step 1 $14.64 Step 1 $14.64 Step 1 $14.92 Step 2 $15.10 Step 2 $15.41 Step 2 $15.41 Step 2 $15.71 Step 3 $15.89 Step 3 $16.22 Step 3 $16.22 Step 3 $16.54 Step 4 $16.73 Step 4 $17.07 Step 4 $17.07 Step 4 $17.41 Step 5 $17.61 Step 5 $17.97 Step 5 $17.97 Step 5 $18.33 Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 $22.24 Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 $23.41 Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 $24.64 Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 $25.94 Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 $27.31 Min Max Min Max Min Max Min Max $10.00 TBD $10.00 TBD $11.00 $60.00 $11.00 $60.00 Min Max Min Max Min Max Min Max $10.00 TBD $10.00 TBD $11.00 $60 $11.00 $60.00 Min Max Min Max Min Max Min Max $10.00 TBD $10.00 TBD $11.00 $80.00 $11.00 $80.00 Zoological Assistant - H General Laborer - H Inspector - H 9033 Non-exempt Journey Level Laborer - H 9037 Non-exempt Arts & Science Professional III - H 9029 Non-exempt Arts & Science Technician - H 9035 Non-exempt 9032 Non-exempt 9030 Non-exempt ATTACHMENT B EXHIBIT “B” ATTACHMENT B Limited Hourly 2014-2017 Salary Schedule effective 01-01-2016 FLSA Steps Rate Steps Rate Steps Rate Steps RateStep 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 22.24$ Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 23.41$ Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 24.64$ Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 25.94$ Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 27.31$ Step 1 $25.52 Step 1 $26.03 Step 1 $26.03 Step 1 26.55$ Step 2 $26.86 Step 2 $27.40 Step 2 $27.40 Step 2 27.95$ Step 3 $28.27 Step 3 $28.84 Step 3 $28.84 Step 3 29.42$ Step 4 $29.76 Step 4 $30.36 Step 4 $30.36 Step 4 30.97$ Step 5 $31.33 Step 5 $31.96 Step 5 $31.96 Step 5 32.60$ Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 22.24$ Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 23.41$ Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 24.64$ Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 25.94$ Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 27.31$ Step 1 $19.74 Step 1 $20.13 Step 1 $20.13 Step 1 20.54$ Step 2 $20.78 Step 2 $21.19 Step 2 $21.19 Step 2 21.62$ Step 3 $21.87 Step 3 $22.31 Step 3 $22.31 Step 3 22.76$ Step 4 $23.02 Step 4 $23.48 Step 4 $23.48 Step 4 23.96$ Step 5 $24.23 Step 5 $24.72 Step 5 $24.72 Step 5 25.22$ Step 1 $17.31 Step 1 $17.66 Step 1 $17.66 Step 1 18.01$ Step 2 $18.22 Step 2 $18.59 Step 2 $18.59 Step 2 18.96$ Step 3 $19.18 Step 3 $19.57 Step 3 $19.57 Step 3 19.96$ Step 4 $20.19 Step 4 $20.60 Step 4 $20.60 Step 4 21.01$ Step 5 $21.25 Step 5 $21.68 Step 5 $21.68 Step 5 22.12$ Step 1 $13.98 Step 1 $14.27 Step 1 $14.27 Step 1 14.56$ Step 2 $14.72 Step 2 $15.02 Step 2 $15.02 Step 2 15.33$ Step 3 $15.49 Step 3 $15.81 Step 3 $15.81 Step 3 16.14$ Step 4 $16.31 Step 4 $16.64 Step 4 $16.64 Step 4 16.99$ Step 5 $17.17 Step 5 $17.52 Step 5 $17.52 Step 5 17.88$ Step 1 $16.36 Step 1 $16.70 Step 1 $16.70 Step 1 17.03$ Step 2 $17.22 Step 2 $17.58 Step 2 $17.58 Step 2 17.93$ Step 3 $18.13 Step 3 $18.50 Step 3 $18.50 Step 3 18.87$ Step 4 $19.08 Step 4 $19.47 Step 4 $19.47 Step 4 19.86$ Step 5 $20.08 Step 5 $20.49 Step 5 $20.49 Step 5 20.90$ Salary Effective 01/01/2016 Salary Effective 07/01/2016 910 Non-exempt Administrative Specialist I 913 Non-exempt Administrative Specialist II Job Code Job Title Salary Effective 1st PP following Council Approval Salary Effective 07/01/2015 917 Non-exempt Clerical Assistant 918 Non-exempt Custodial Aide 915 Non-exempt Assistant Park Ranger 916 Non-exempt Building Serviceperson 919 Non-exempt Custodial Assistant ATTACHMENT B Limited Hourly 2014-2017 Salary Schedule effective 01-01-2016 Step 1 $16.08 Step 1 $16.41 Step 1 $16.41 Step 1 16.74$ Step 2 $16.93 Step 2 $17.27 Step 2 $17.27 Step 2 17.62$ Step 3 $17.82 Step 3 $18.18 Step 3 $18.18 Step 3 18.55$ Step 4 $18.76 Step 4 $19.14 Step 4 $19.14 Step 4 19.53$ Step 5 $19.75 Step 5 $20.15 Step 5 $20.15 Step 5 20.56$ Step 1 $9.69 Step 1 $9.89 Step 1 $11.00 Step 1 10.10$ Step 2 $10.20 Step 2 $10.41 Step 2 $11.58 Step 2 10.63$ Step 3 $10.74 Step 3 $10.96 Step 3 $12.19 Step 3 11.19$ Step 4 $11.31 Step 4 $11.54 Step 4 $12.83 Step 4 11.78$ Step 5 $11.91 Step 5 $12.15 Step 5 $13.51 Step 5 12.40$ Step 1 $20.20 Step 1 $20.62 Step 1 $20.62 Step 1 21.02$ Step 2 $21.26 Step 2 $21.70 Step 2 $21.70 Step 2 22.13$ Step 3 $22.38 Step 3 $22.84 Step 3 $22.84 Step 3 23.29$ Step 4 $23.56 Step 4 $24.04 Step 4 $24.04 Step 4 24.52$ Step 5 $24.80 Step 5 $25.30 Step 5 $25.30 Step 5 25.81$ Step 1 $24.61 Step 1 $25.10 Step 1 $25.10 Step 1 25.60$ Step 2 $25.90 Step 2 $26.42 Step 2 $26.42 Step 2 26.95$ Step 3 $27.26 Step 3 $27.81 Step 3 $27.81 Step 3 28.37$ Step 4 $28.69 Step 4 $29.27 Step 4 $29.27 Step 4 29.86$ Step 5 $30.20 Step 5 $30.81 Step 5 $30.81 Step 5 31.43$ Step 1 $28.31 Step 1 $28.89 Step 1 $28.89 Step 1 29.46$ Step 2 $29.80 Step 2 $30.41 Step 2 $30.41 Step 2 31.01$ Step 3 $31.37 Step 3 $32.01 Step 3 $32.01 Step 3 32.64$ Step 4 $33.02 Step 4 $33.69 Step 4 $33.69 Step 4 34.36$ Step 5 $34.76 Step 5 $35.46 Step 5 $35.46 Step 5 36.17$ Step 1 $25.98 Step 1 $26.50 Step 1 $26.50 Step 1 27.03$ Step 2 $27.35 Step 2 $27.89 Step 2 $27.89 Step 2 28.45$ Step 3 $28.79 Step 3 $29.36 Step 3 $29.36 Step 3 29.95$ Step 4 $30.30 Step 4 $30.90 Step 4 $30.90 Step 4 31.53$ Step 5 $31.89 Step 5 $32.53 Step 5 $32.53 Step 5 33.19$ Step 1 $19.33 Step 1 $19.73 Step 1 $19.73 Step 1 20.13$ Step 2 $20.35 Step 2 $20.77 Step 2 $20.77 Step 2 21.19$ Step 3 $21.42 Step 3 $21.86 Step 3 $21.86 Step 3 22.30$ Step 4 $22.55 Step 4 $23.01 Step 4 $23.01 Step 4 23.47$ Step 5 $23.74 Step 5 $24.22 Step 5 $24.22 Step 5 24.71$ Step 1 $11.85 Step 1 $12.09 Step 1 $12.09 Step 1 12.34$ Step 2 $12.47 Step 2 $12.73 Step 2 $12.73 Step 2 12.99$ Step 3 $13.13 Step 3 $13.40 Step 3 $13.40 Step 3 13.67$ Step 4 $13.82 Step 4 $14.11 Step 4 $14.11 Step 4 14.39$ Step 5 $14.55 Step 5 $14.85 Step 5 $14.85 Step 5 15.15$ Step 1 $15.56 Step 1 $15.87 Step 1 $15.87 Step 1 16.20$ 921 Non-exempt Instructor Aide 922 Non-exempt Instructor I 920 Non-exempt House Manager 924 Non-exempt Librarian 925 Non-exempt Library Clerk 923 Non-exempt Instructor II 982 Non-exempt Instructor III 930 Non-exempt Library Page ATTACHMENT B Limited Hourly 2014-2017 Salary Schedule effective 01-01-2016 Step 2 $16.38 Step 2 $16.71 Step 2 $16.71 Step 2 17.05$ Step 3 $17.24 Step 3 $17.59 Step 3 $17.59 Step 3 17.95$ Step 4 $18.15 Step 4 $18.52 Step 4 $18.52 Step 4 18.89$ Step 5 $19.10 Step 5 $19.49 Step 5 $19.49 Step 5 19.88$ Step 1 $15.56 Step 1 $15.87 Step 1 $15.87 Step 1 16.20$ Step 2 $16.38 Step 2 $16.71 Step 2 $16.71 Step 2 17.05$ Step 3 $17.24 Step 3 $17.59 Step 3 $17.59 Step 3 17.95$ Step 4 $18.15 Step 4 $18.52 Step 4 $18.52 Step 4 18.89$ Step 5 $19.10 Step 5 $19.49 Step 5 $19.49 Step 5 19.88$ Step 1 $19.33 Step 1 $19.73 Step 1 $19.73 Step 1 20.13$ Step 2 $20.35 Step 2 $20.77 Step 2 $20.77 Step 2 21.19$ Step 3 $21.42 Step 3 $21.86 Step 3 $21.86 Step 3 22.30$ Step 4 $22.55 Step 4 $23.01 Step 4 $23.01 Step 4 23.47$ Step 5 $23.74 Step 5 $24.22 Step 5 $24.22 Step 5 24.71$ Step 1 $27.98 Step 1 $28.55 Step 1 $28.55 Step 1 29.12$ Step 2 $29.45 Step 2 $30.05 Step 2 $30.05 Step 2 30.65$ Step 3 $31.00 Step 3 $31.63 Step 3 $31.63 Step 3 32.26$ Step 4 $32.63 Step 4 $33.29 Step 4 $33.29 Step 4 33.96$ Step 5 $34.35 Step 5 $35.04 Step 5 $35.04 Step 5 35.75$ Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 22.24$ Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 23.41$ Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 24.64$ Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 25.94$ Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 27.31$ Step 1 $9.69 Step 1 $9.89 Step 1 $11.00 Step 1 10.10$ Step 2 $10.20 Step 2 $10.41 Step 2 $11.58 Step 2 10.63$ Step 3 $10.74 Step 3 $10.96 Step 3 $12.19 Step 3 11.19$ Step 4 $11.31 Step 4 $11.54 Step 4 $12.83 Step 4 11.78$ Step 5 $11.91 Step 5 $12.15 Step 5 $13.51 Step 5 12.40$ Step 1 $9.69 Step 1 $9.89 Step 1 $11.00 Step 1 10.10$ Step 2 $10.20 Step 2 $10.41 Step 2 $11.58 Step 2 10.63$ Step 3 $10.74 Step 3 $10.96 Step 3 $12.19 Step 3 11.19$ Step 4 $11.31 Step 4 $11.54 Step 4 $12.83 Step 4 11.78$ Step 5 $11.91 Step 5 $12.15 Step 5 $13.51 Step 5 12.40$ Step 1 $13.12 Step 1 $13.39 Step 1 $13.39 Step 1 13.64$ Step 2 $13.81 Step 2 $14.09 Step 2 $14.09 Step 2 14.36$ Step 3 $14.54 Step 3 $14.83 Step 3 $14.83 Step 3 15.12$ Step 4 $15.30 Step 4 $15.61 Step 4 $15.61 Step 4 15.92$ Step 5 $16.10 Step 5 $16.43 Step 5 $16.43 Step 5 16.76$ Step 1 $16.32 Step 1 $16.65 Step 1 $16.65 Step 1 16.99$ 936 Non-exempt Open Space Technician 937 Non-exempt Print Shop Assistant 935 Non-exempt Maintenance Assistant 940 Non-exempt Recreation Aide 941 Non-exempt Recreation Leader I 938 Non-exempt Project Construction Inspector 939 Non-exempt Project Specialist 942 Non-exempt Recreation Leader II ATTACHMENT B Limited Hourly 2014-2017 Salary Schedule effective 01-01-2016 Step 2 $17.18 Step 2 $17.53 Step 2 $17.53 Step 2 17.88$ Step 3 $18.08 Step 3 $18.45 Step 3 $18.45 Step 3 18.82$ Step 4 $19.03 Step 4 $19.42 Step 4 $19.42 Step 4 19.81$ Step 5 $20.03 Step 5 $20.44 Step 5 $20.44 Step 5 20.85$ Step 1 $15.48 Step 1 $15.79 Step 1 $15.79 Step 1 16.10$ Step 2 $16.29 Step 2 $16.62 Step 2 $16.62 Step 2 16.95$ Step 3 $17.15 Step 3 $17.49 Step 3 $17.49 Step 3 17.84$ Step 4 $18.05 Step 4 $18.41 Step 4 $18.41 Step 4 18.78$ Step 5 $19.00 Step 5 $19.38 Step 5 $19.38 Step 5 19.77$ Step 1 $11.06 Step 1 $11.29 Step 1 $11.29 Step 1 11.50$ Step 2 $11.64 Step 2 $11.88 Step 2 $11.88 Step 2 12.11$ Step 3 $12.25 Step 3 $12.50 Step 3 $12.50 Step 3 12.75$ Step 4 $12.89 Step 4 $13.16 Step 4 $13.16 Step 4 13.42$ Step 5 $13.57 Step 5 $13.85 Step 5 $13.85 Step 5 14.13$ Step 1 $17.31 Step 1 $17.66 Step 1 $17.66 Step 1 18.01$ Step 2 $18.22 Step 2 $18.59 Step 2 $18.59 Step 2 18.96$ Step 3 $19.18 Step 3 $19.57 Step 3 $19.57 Step 3 19.96$ Step 4 $20.19 Step 4 $20.60 Step 4 $20.60 Step 4 21.01$ Step 5 $21.25 Step 5 $21.68 Step 5 $21.68 Step 5 22.12$ Step 1 $20.20 Step 1 $20.62 Step 1 $20.62 Step 1 21.02$ Step 2 $21.26 Step 2 $21.70 Step 2 $21.70 Step 2 22.13$ Step 3 $22.38 Step 3 $22.84 Step 3 $22.84 Step 3 23.29$ Step 4 $23.56 Step 4 $24.04 Step 4 $24.04 Step 4 24.52$ Step 5 $24.80 Step 5 $25.30 Step 5 $25.30 Step 5 25.81$ Step 1 $24.61 Step 1 $25.10 Step 1 $25.10 Step 1 25.60$ Step 2 $25.90 Step 2 $26.42 Step 2 $26.42 Step 2 26.95$ Step 3 $27.26 Step 3 $27.81 Step 3 $27.81 Step 3 28.37$ Step 4 $28.69 Step 4 $29.27 Step 4 $29.27 Step 4 29.86$ Step 5 $30.20 Step 5 $30.81 Step 5 $30.81 Step 5 31.43$ Step 1 $28.31 Step 1 $28.89 Step 1 $28.89 Step 1 29.46$ Step 2 $29.80 Step 2 $30.41 Step 2 $30.41 Step 2 31.01$ Step 3 $31.37 Step 3 $32.01 Step 3 $32.01 Step 3 32.64$ Step 4 $33.02 Step 4 $33.69 Step 4 $33.69 Step 4 34.36$ Step 5 $34.76 Step 5 $35.46 Step 5 $35.46 Step 5 36.17$ Step 1 $14.35 Step 1 $14.64 Step 1 $14.64 Step 1 14.92$ Step 2 $15.10 Step 2 $15.41 Step 2 $15.41 Step 2 15.71$ Step 3 $15.89 Step 3 $16.22 Step 3 $16.22 Step 3 16.54$ Step 4 $16.73 Step 4 $17.07 Step 4 $17.07 Step 4 17.41$ Step 5 $17.61 Step 5 $17.97 Step 5 $17.97 Step 5 18.33$ 948 Non-exempt Stock Clerk 949 Non-exempt Swim Instructor/Lifeguard 943 Non-exempt Recreation Leader III 952 Non-exempt Arts & Science Professional II 983 Non-exempt Arts & Science Professional III 950 Non-exempt Technical Specialist 951 Non-exempt Arts & Science Professional I 953 Non-exempt Arts & ScienceTechnician ATTACHMENT B Limited Hourly 2014-2017 Salary Schedule effective 01-01-2016 Step 1 $9.47 Step 1 $9.66 Step 1 $11.00 Step 1 9.86$ Step 2 $9.97 Step 2 $10.17 Step 2 $11.58 Step 2 10.38$ Step 3 $10.49 Step 3 $10.71 Step 3 $12.19 Step 3 10.93$ Step 4 $11.04 Step 4 $11.27 Step 4 $12.83 Step 4 11.50$ Step 5 $11.62 Step 5 $11.86 Step 5 $13.51 Step 5 12.10$ Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 22.24$ Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 23.41$ Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 24.64$ Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 25.94$ Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 27.31$ Step 1 $21.56 Step 1 $21.98 Step 1 $21.98 Step 1 22.42$ Step 2 $22.69 Step 2 $23.14 Step 2 $23.14 Step 2 23.60$ Step 3 $23.88 Step 3 $24.36 Step 3 $24.36 Step 3 24.84$ Step 4 $25.14 Step 4 $25.64 Step 4 $25.64 Step 4 26.15$ Step 5 $26.46 Step 5 $26.99 Step 5 $26.99 Step 5 27.53$ Step 1 $17.24 Step 1 $17.59 Step 1 $17.59 Step 1 17.96$ Step 2 $18.15 Step 2 $18.52 Step 2 $18.52 Step 2 18.90$ Step 3 $19.10 Step 3 $19.49 Step 3 $19.49 Step 3 19.89$ Step 4 $20.11 Step 4 $20.52 Step 4 $20.52 Step 4 20.94$ Step 5 $21.17 Step 5 $21.60 Step 5 $21.60 Step 5 22.04$ Step 1 $15.56 Step 1 $15.87 Step 1 $15.87 Step 1 16.20$ Step 2 $16.38 Step 2 $16.71 Step 2 $16.71 Step 2 17.05$ Step 3 $17.24 Step 3 $17.59 Step 3 $17.59 Step 3 17.95$ Step 4 $18.15 Step 4 $18.52 Step 4 $18.52 Step 4 18.89$ Step 5 $19.10 Step 5 $19.49 Step 5 $19.49 Step 5 19.88$ Step 1 $21.38 Step 1 $21.80 Step 1 $21.80 Step 1 22.24$ Step 2 $22.50 Step 2 $22.95 Step 2 $22.95 Step 2 23.41$ Step 3 $23.68 Step 3 $24.16 Step 3 $24.16 Step 3 24.64$ Step 4 $24.93 Step 4 $25.43 Step 4 $25.43 Step 4 25.94$ Step 5 $26.24 Step 5 $26.77 Step 5 $26.77 Step 5 27.31$ Min Max Min Max Min Max Min Max $10 TBD $10 TBD $11 $100 $11 $100 955 Non-exempt Zoological Assistant 960 Non-exempt Police Reserve I 954 Non-exempt Arts & Science Aide 963 Non-exempt Technician II 972 TBD Management Specialist 961 Non-exempt Police Reserve II 962 Non-exempt Technician I ATTACHMENT B ATTACHMENT C 1 XXXX/so Revised November 17, 2015 Ordinance No. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2016 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $248,000 TO THE ADMINISTRATIVE SERVICES DEPARTMENT OPERATING BUDGET TO ESTABLISH A CONTRACT COMPLIANCE PROGRAM AND ADMINISTRATION OF THE LIVING WAGE ORDINANCE REQUIREMENTS, OFFSET BY REDUCTION TO THE BUDGET STABILIZATION RESERVE. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for fiscal year 2016; and B. On December 1, 2014, the City Council passed a resolution that prevailing wage be paid on City construction projects to ensure the City has access to state and federal grant funding and to be in compliance with State Senate Bill 7 from 2013; and C. On October 19, 2015, the City Council passed an ordinance setting a minimum wage of $11.00 per hour for people working in Palo Alto effective January 1, 2016; and D. For minimum wage compliance the City has contracted with the City of San Jose Office of Equality Assurance to provide compliant review and follow-up services, in the amount of $20,000; and E. In October 2015, a Compliance Officer was hired to begin the implementation of compliance measures, and the City Manager’s Contingency Account was used to provide initial funding in the amount of $35,000, and a backfill is requested to replenish the funds in the City Manager’s Contingent Reserve; and SECTION 2. Therefore, the sum of Two Hundred Forty Eight Thousand Dollars ($248,000) is hereby appropriated to the Administrative Services Department Operating Budget for Contract Compliance Services and is offset by a decrease to the Budget Stabilization Reserve. SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. The actions taken in this ordinance do not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). // ATTACHMENT C 2 XXXX/so Revised November 17, 2015 INTRODUCED AND PASSED: Enter Date Here AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Administrative Services Attachment D 161970 Bidders list Contractor Staffing Agencies: Materials & Contract Services, Received: three (3) resume’s, only one of which as a compliance officer (Kato Cooks). Robert Half Staffing, Received: five (5) resume’s, all were contract managers w/some compliance experience. ACRO Staffing, Received: one (1) resume’ which was a contract manager w/some compliance experience. Premier Staffing Received: zero (0) resume’s. CITY OF PALO ALTO CONTRACT NO. AGREEMENT BETWEEN THE CITY OF PALO ALTO AND FOR PROFESSIONAL SERVICES This Agreement is entered into on this day of November, 2015, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CITY OF SAN JOSE, a municipal corporation, ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to institute and manage minimum wage compliance enforcement (“Project”) and desires to engage a consultant to provide the professional services required in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A- 1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. ATTACHMENT E SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 1st, 2018, unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Twenty Thousand Dollars ($20,000.00) per fiscal year. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “FEE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. 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 an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of ATTACHMENT E 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. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning ATTACHMENT E compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign [representative] as the Office of Equity Assurance (OEA) to have supervisory responsibility for the performance, progress, and execution of the Services and as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Compliance Office Kato Cooks, Administrative Services Department, 250 Hamilton Ave., Palo Alto, CA 94303, Telephone:650.329.6271. The 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. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials 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 work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the ATTACHMENT E negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, 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 attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, 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 CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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. 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 ATTACHMENT E 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving 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 which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. ATTACHMENT E 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 director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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 subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 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, incorporated by reference and may be 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, ATTACHMENT E reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: • All printed materials provided by CCONSULTANT 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. • 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 Division’s office. • 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. ATTACHMENT E 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. // // // // // // ATTACHMENT E 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO Purchasing Manager APPROVED AS TO FORM: _________N/A_____________ Senior Asst. City Attorney (Required on Contracts over $25,000) CITY OF SAN JOSE Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS ATTACHMENT E EXHIBIT “A” SCOPE OF SERVICES CONSULTANT’s Office of Equity Assurance (OEA) shall provide the following services: 1. Answer general written, telephonic, and electronic inquiries, requiring no research, regarding City of Palo Alto Minimum Wage Ordinance. Examples of general inquiries include: wage rate, who is covered, how to file complaint, and effective date. 2. Answer general written, telephonic, and electronic inquiries, requiring research, regarding City of Palo Alto Minimum Wage Ordinance. All inquiries necessitating complex legal advice ir interpretation shall be referred to City’s City Attorney’s Office. 3. Investigation of Claimed Violations • Complaint intake via telephone, in writing, electronic communication, or in person, including: name, address, phone number, company, manager, type of work performed, how/when paid, work schedule, rate of pay, copies of pay stubs, records of hours worked. • Visit Workplace • Interview Workers • Issuance of Notice of Complaint and Request for Documentation o Letter of business – notify of complaint received & documents to be provided by business within ten (10) calendar days of notice date. Documents include: Original time card, sign-in sheets, ledgers, electronic records and any payroll records which show actual hours worked each day for each employee for the relevant period. Copies of payroll check stub details and/or itemized pay stubs for each employees for the relevant period. List of former and current employees with addresses, telephone numbers and job titles/positions, including employment start and end dates. Review of Documents to Determine if Violations Exists and Calculate Back Wages Owed, if applicable. 4. Violations • Issuance of Notice of Violation & Opportunity to Correct • If Business contests Notice of Violation: o OEA Director’s Decision – review information and documentation and uphold, revise or dismiss Notice of Violation ATTACHMENT E EXHIBIT A continued… • If Business contests OEA Director’s Decision: o Appellant to meet with CONSULTANT’S Public Works director o Issuance of CONSULTANT’S Public Works Director Decision o Testify at City of Palo Alto Administrative Hearing Process o Testify at any Court proceeding located in Santa Clara County 5. Meetings and other communications (telephone, email, etc.) between CITY and CONSULTANT as necessary or required by CITY. ATTACHMENT E 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. ATTACHMENT E EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $20,000.00 per fiscal year. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. In the event additional services or increase of contract cost is needed, the maximum compensation shall require getting appropriate City authorized approval prior to any such added services and/or costs. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. ATTACHMENT E EXHIBIT “C-1” TASK & HOURLY RATE SCHEDULE TASK FEE PER TASK Inquiries Answer general written & telephonic inquiries from public (business owner or any employee) requiring no research $30.00 Answer non-legal written & telephonic inquiries from public (business owner or any employee) requiring research $60.00 Investigation of Claimed Violation Complaint Intake & Issue Notice of Complaint & Request for Documentation $180.00 Visit Workplace & Interview Workers, if applicable/necessary (per visit including travel time) $285.00 Review Documents, Determine if Violation Exists, Follow-Up & Calculate Back Wages Owed 1 to 5 workers $285.00 6 to 20 workers $475.00 21 and more workers $950.00 Issue Notice of Violation & Opportunity to Correct $143.00 Contesting Violation (Informal) OEA Director Decision – review information & documentation & either uphold, revise or dismiss Notice of Violation $438.00 Business Owner Contests OEA Director Decision Business Owner Appears at Meeting with Consultant’s Public Works Director. Consultant’s Public Works Director either upholds, revises or dismisses Notice of Violation $531.00 Formal Enforcement Preparation, appear and testify at Administrative Hearing (including travel time) $146.00 per hour Miscellaneous Any service outside tasks listed above; e.g., meetings & phone calls with City of Sunnyvale staff $146.00 per hour ATTACHMENT E EXHIBIT “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, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRE D TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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 ATTACHMENT E THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org ATTACHMENT E CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY December 14, 2015 The Honorable City Council Palo Alto, California Adoption of an Ordinance Amending Municipal Code Section 2.07.010 to Update Post Government Employment Regulations to Include all City Department Heads Recommendation The Policy and Services Committee unanimously recommends that Council adopt the ordinance attached as Exhibit A to update Palo Alto’s local revolving door ordinance to apply to all department heads. Background State law restricts certain local officials, for a period of one year after leaving office or employment, from representing any other person or entity, for compensation, by appearing before or communicating with their former agency in an attempt to influence the agency’s decisions in an administrative or legislative action, whether quasi-legislative or quasi-judicial, or any action involving a permit, contract or transaction involving the sale or purchase of property or goods. (Gov. Code Section 87406.3; 2 Cal Code Regulations 18746.2; 18746.3.) The purpose of the restrictions is to reduce actual or perceived conflicts of interest between the government official and the body on which the official formerly served, and to prevent private entities from gaining or being perceived to gain an unfair advantage. These restrictions are often referred to as “revolving door” regulations because they attempt to limit the influence of officials who move between public service and the private sector. The state law prohibition applies to local elected officials and city managers or chief administrative officers of cities. State law allows cities to adopt their own more restrictive ordinances or policies that limit the activities of former government officials. The City of Palo Alto has adopted such an ordinance. Palo Alto’s ordinance expands the number of officials covered by the one-year ban to include all employees whose appointments are confirmed by the City Council. These include the City Attorney, City Clerk, City Auditor, Assistant City Managers, most department heads and senior attorneys in the City Attorney’s Office. At the City Council retreat in January 2015, a Council Member suggested that Palo Alto explore adopting amendments to the City’s revolving door ordinance to strengthen its provisions. Council subsequently referred the matter to the Policy and Services Committee for review and recommendation. Policy and Services considered the issue on October 27, 2015. Page 2 The Committee considered several potential changes to Palo Alto’s local revolving door ordinance. First, staff identified that Palo Alto’s ordinance has not completely kept up to date with the changes in the City organization and includes most but not all department heads. Policy and Services unanimously directed staff to bring an ordinance to Council updating the revolving door regulation to apply to all department heads. That item is before you here. Second, the Committee discussed other potential changes to the local regulation. The Committee directed the Clerk to survey current and former members of the Architectural Review Board (ARB) and Historic Resources Board (HRB), and ARB/HRB applicants, regarding their willingness to serve if the local regulation were amended to bar appearance before the ARB/HRB on a local project. The results of that survey and other related policy questions are scheduled for further consideration in Committee in the new year. Any additional recommendation will return to Council for adoption. Discussion Policy and Services unanimously recommends that the local revolving door ordinance be updated to apply to all department heads. Resource Impact Adoption of this ordinance will have no impact on staff resources. Policy Implications This action is consistent with current City policy. Environmental Review This is not a project for the purposes of the California Environmental Quality Act. ATTACHMENTS: Attachment A: Ordinance Amending Post Government Employment Regulations (PDF) Department Head: Molly Stump, City Attorney NOT YET APPROVED 151201 ep ORD Amending PG employment 1 December 1, 2015 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Section 2.07.010 of the Municipal Code to Provide that Post-Government Employment Regulations Apply to All Department Heads The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 2.07.010 of Chapter 2.07 Post-Government Employment Regulations of the Palo Alto Municipal Code is amended to read as follows: “2.07.010 No representation for compensation. No city officer, department head, or city employee whose appointment requires confirmation by the city council under Title 2 of this code, shall, for compensation, act as agent or attorney for, or otherwise represent any other person or entity, by making any formal or informal appearance, or by making any oral or written communication, before the city council, any city board or commission, or any officer or employee of the city, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding or revocation of a permit, license, grant, entitlement or contract, or the sale or purchase of goods, services or property. Administrative action does not include any action that is solely ministerial. This limitation shall expire one year after the officer, department head or employee has left employment with the city.” SECTION 2. The City Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of this ordinance. SECTION 3. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption. INTRODUCED PASSED: AYES: NOES: ABSTENTIONS: ABSENT: NOT YET APPROVED 151201 ep ORD Amending PG Employment 2 December 1, 2015 ATTEST: APPROVED: ______________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ____________________________ City Manager ______________________________ City Attorney City of Palo Alto (ID # 6431) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Director of Human Resources Appointment Title: Confirmation of Appointment of Rumi Portillo as Director of Human Resources (Chief People Officer) and Approval of Employment Agreement From: City Manager Lead Department: City Manager Recommendation The City Manager recommends that the City Council confirm the appointment of Rumi Portillo as Director of Human Resources and approve her employment agreement. Executive Summary The Palo Alto Municipal Code requires that the Council approve the City Manager’s appointment of Director of Human Resources. The Council must also approve any employment terms or benefits for the Director of Human Resources that are not already included in the Compensation Plan for Management and Professional Personnel. Background The City Manager makes appointments to the position of Director of Human Resources with the approval of the City Council. (Municipal Code section 2.08.020.) The Director of Human Resources provides executive-level leadership for recruitment and hiring of City employees, provision of employee benefits, labor and employee relations, risk management and safety functions and training and development of the City workforce. Filling the position at this time will promote effective management of human resource functions within the City and provide critical resources needed to attract and retain an outstanding workforce. Discussion The City Manager requests approval of the appointment of Rumi Portillo to the position of Director of Human Resources. Ms. Portillo was selected as a result of an executive recruitment conducted by the firm of Teri Black Recruiting. With over 25 years of experience as a human resource professional, Ms. Portillo has City of Palo Alto Page 2 diverse experiences relevant to Palo Alto. She has served as the Director of Human Resources in the Town of Los Gatos for the past ten years. Prior to her work in Los Gatos, she held a variety of progressively responsible human resources management positions in the cities of San Jose and Sunnyvale. In addition, Ms. Portillo serves as an instructor on various human resources and employment topics for a number of professional organizations and universities. Resource Impact Ms. Portillo will be an “at will” employee, which means she will serve at the pleasure of the City Manager and can be terminated or asked to resign at any time. Her annual salary will be $204,000, which is within the Council-approved range for the Director of Human Resources position. Ms. Portillo will also be entitled severance equivalent to three months salary and benefits if she is terminated or asked to resign, which is appropriate for an executive-level employee who is leaving current employment to accept an at-will appointment. Additionally, Ms. Portillo will also be entitled to vacation accruals based upon her over 20 years of public service. All of the other benefits Ms. Portillo will receive are consistent with the Compensation Plan for Management and Professional Personnel. Once confirmed, Ms. Portillo will begin work on January 19, 2016. Policy Implications This recommendation is consistent with existing City Policies. Attachments: ATTACHMENT A: Portillo Employment Agreement 2015 (DOCX) 1 EMPLOYMENT AGREEMENT BETWEEN CITY OF PALO ALTO AND Rumi Portillo THIS AGREEMENT is between the City of Palo Alto, a municipal corporation and chartered city ("City") and Rumi Portillo ("Portillo”). It is effective on the latest date next to the signatures on the last page. This Agreement is entered into on the basis of the following facts: A. City, acting by and through its City Manager, wishes to employ Portillo as Director of Human Resources, subject to the terms and conditions set forth in this Agreement, the Palo Alto Municipal Code and the Charter of the City of Palo Alto (the "Charter"). B. Under the Charter, the Director of Human Resources is appointed by the City Manager with the approval of the City Council. Notwithstanding any provision of the City of Palo Alto Merit System Rules and Regulations, the Director of Human Resources serves on an at-will basis, with no expectation of continued employment, and with no right to pre-or post-separation due process or appeal. C. Portillo desires to be employed by the City as the Director of Human Resources, subject to the terms and conditions in this Agreement, the Palo Alto Municipal Code, the Charter, the Palo Alto Merit System Rules and Regulations, and all other applicable laws, resolutions, and policies. D. The City and Portillo wish to establish specific terms and conditions relating to compensation and benefits and related matters. BASED UPON THE FOREGOING, THE CITY AND PORTILLO AGREE AS FOLLOWS: 1. Employment. The City appoints Portillo as Director of Human Resources for an indefinite term to begin on January 19, 2016. If Portillo does not actually report for or start work on January 19, 2016, the employment start date will be the date, if any, that is mutually agreed by the parties. Except as otherwise provided herein, Portillo’s employment with the City shall be governed by the City Council- adopted Compensation Plan for Management and Professional Personnel and Council Appointees, as it currently exists and may be changed from time to time. 2. Duties of the Director of Human Resources. Portillo will perform the duties established for the Director of Human Resources by the Palo Alto City Charter, by the Palo Alto Municipal Code, by direction given by the City Manager, and as otherwise provided by law, ordinance, or regulation. Portillo agrees to comply with all federal, state and local laws, ordinances, rules and regulations applicable to or associated with these duties. 2 2.1. Full Energy and Skill. Portillo will devote her full energy, skill, ability, and productive time to the performance of her duties. 2.2. No Conflict. Portillo will not engage in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with or which interferes with the performance of her duties. Portillo acknowledges that she is subject to the various conflict of interest requirements found in the California Government Code and state and local policies and regulations. 2.3 Permission Required For Outside Activities. Portillo will not engage in any employment, activity, consulting service, or other enterprise, for compensation or not, without written permission of the City Manager. 3. Salary. While performing the duties of Director of Human Resources, Portillo will receive a base salary within the range provided in the City Council-approved Compensation Plan for Management and Professional Personnel and Council Appointees, as it currently exists and may be changed from time to time. Portillo will receive an initial gross base annual salary of two hundred four thousand ($204,000), beginning on the Employment Start Date. This amount is subject to authorized or required deductions and withholding, prorated and paid on City's regular paydays. Portillo is an exempt employee under applicable wage and hour law and her base salary shall be compensation for all hours worked. The City agrees that the amount of Portillo's base annual salary will not decrease, except as part of a permanent decrease that is consistent with the Fair Labor Standards Act. 4. Benefits and Allowances. Portillo will be eligible for, and shall receive, all regular benefits (i.e., health insurance, PERS contributions to the extent paid by the City, etc.) and vacation, sick leave, and management leave, as are generally provided to management employees under the City Council- approved Compensation Plan for Management and Professional Personnel and Council Appointees, as it currently exists and may be changed from time to time. 5. Additional Benefits and Allowances. In addition to the benefits specified in section 4, Portillo will receive the following additional benefits and allowances: 5.1. Vacation Accrual. Notwithstanding the Management and Professional Personnel and Council Appointees Compensation Plan and based on service with prior public agency employers, Portillo's vacation accrual rate will be calculated at the rate of two hundred (200) hours annually, prorated and credited each pay period. The maximum vacation leave balance allowed for Portillo is six hundred (600) hours. 3 5.2. Severance. If Portillo is terminated or asked to resign she shall, upon execution of a release of all claims against the City, be eligible for a severance payment equivalent to twelve (12) weeks of salary and benefits. No severance shall be paid if Portillo is terminated for serious misconduct involving abuse of her office or position, including but not limited to waste, fraud, violation of the law under color of authority, misappropriation of public resources, violence, harassment or discrimination. If Portillo is later convicted of a crime involving such abuse of her position she shall fully reimburse the City as set forth in Government Code section 53243.3. 6. Additional Expenses of Employment. The City shall pay the cost of any fidelity or other bonds required by law for the Director of Human Resources. 7. Duration of Employment. Portillo understands and agrees that she has no constitutionally protected property or other interest in her employment as Director of Human Resources. Portillo waives any and all rights, if any, under the Merit System Rules and Regulations, including without limitation, the right to pre-or post-disciplinary due process. Portillo understands and agrees that she works at the will and pleasure of the City Manager and that she may be terminated or asked to resign at any time, with or without cause. Portillo may terminate this agreement (terminating all employment) upon 30 days written notice to the City Manager. 8. Miscellaneous. 8.1. Notices. Notices given under this Agreement shall be in writing and shall be either: a) served personally; or b) sent by facsimile (provided a hard copy is mailed within one (1) business day); or c) delivered by first-class United States mail, certified, with postage prepaid and a return receipt requested; or d) sent by Federal Express, or some equivalent private mail delivery service. Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the United States mail, postage prepaid. Notices shall be directed to the addresses shown below, provided that a party may change such party's address for notice by giving written notice to the other party in accordance with this subsection. CITY: Attn: City Manager 250 Hamilton Avenue Palo Alto, CA 94301 Phone: (650) 329-2226 Fax: (650) 328-3631 PORTILLO: Rumi Portillo 250 Hamilton Avenue Palo Alto, CA 94301 8.2. Entire Agreement/ Amendment. This Agreement constitutes the entire understanding and agreement between the parties as to those matters contained in it, and supersedes any and all prior or contemporaneous agreements, representations and understandings of the parties. This Agreement may be amended at any time by mutual 4 agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached hereto. 8.3. Applicable Law and Venue. This Agreement shall be interpreted according to the laws of the State of California. Venue of any action regarding this Agreement shall be in the proper court in Santa Clara County. 8.4. Severability. In the event any portion of this Agreement is declared void, such portion shall be severed from this Agreement and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this Agreement or the obligations of the parties, in which case this Agreement shall be immediately terminated. 8.5. Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties. 8.6. Representation by Counsel. Portillo and the City acknowledge that they each did, or had the opportunity to, consult with legal counsel of their respective choices with respect to the matters that are the subject of this Agreement prior to executing it. 8.7. Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the parties only and do not limit or expand the contents of any such section or subsection. PORTILLO ___________________________ Rumi Portillo Date: _____________ CITY OF PALO ALTO ___________________________ City Manager Date: _____________ APPROVED AS TO FORM: ___________________________ Deputy City Attorney City of Palo Alto (ID # 6430) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: PAFD Performance Report FY16 Q1 Title: Palo Alto Fire Department Quarterly Performance Report for First Quarter Fiscal Year 2016 From: City Manager Lead Department: Fire Recommendation Staff recommends City Council review and accept the Palo Alto Fire Department Quarterly Performance Report for the First Quarter of Fiscal Year 2016. Background and Discussion Last Fiscal Year the Palo Alto Fire Department (PAFD) identified performance reporting as a key initiative, and began reporting on key performance measures quarterly. The report provides overall calls for service information, as well as more detailed information on the key service areas, including Emergency Medical Services, Fire Suppression, Rescue and Hazardous Materials Response, and Fire Prevention. The report also provides information on mutual and automatic aid with our regional public safety partners and internal workforce planning efforts. Performance measures include the following: Calls for Service: This data provides information on the final outcome of all emergency response calls. The data is tracked in the Fire Department’s Record Management System, and uses standardized call type codes, which are defined by the National Fire Incident Reporting System (NFIRS). The report includes overall call volume by primary category, and a detailed listing of call type in the service type sections. Response Times: This aspect measures the time it takes from an emergency call or request for response being created in the dispatch center to the arrival of resources to the scene of the emergency. This information is tracked in the Computer Aided Dispatch (CAD) System, and the performance goals, or service City of Palo Alto Page 2 levels, are set by Council in accordance with county and national standards. Ambulance Transports: The report provides the number of ambulatory transports to hospitals or other medical care facilities, and the proportion of Emergency Medical Calls that included transports. This information is tracked in the Fire Department’s Emergency Medical Record Management System. Fire Containment: This measures the proportion of building and structure fires that are contained to the area or room of origin within Palo Alto and Stanford Campus. Mutual and Automatic Aid: This includes the number and proportion of all incidents in which the PAFD provided aid to neighboring communities, as well as the aid received from neighboring Fire Departments. This information is tracked in the CAD System. Permits: This provides the count of facility, electric vehicle, and solar permits issued by the Fire Prevention Bureau. This information is currently tracked in the Development Center’s Records Management System. Inspections: A count of the total number of Hazardous Materials and State Mandated inspections is provided. In addition, an estimated number of inspections to be completed for the year is also provided to assess overall workload performance to date. Fire and Life Safety Plans Reviewed: This provides a total count of all plans reviewed, as well as the proportion of plans that were reviewed within the time guidelines. Vacancies and Off-Line Employees: This section provides the total number of budgeted full-time equivalent line personnel, current vacancies, and employees that are off line from workers compensation or light duty. This information is obtained from the Fire Department’s Staffing and Scheduling System (TeleStaff), as well as the City’s Personnel Management System. Succession Planning Metrics: This provides the number and proportion of line personnel that are eligible to retire, or will be eligible within the next five years. This information is tracked in the City’s Personnel Management System. This report also provides the total number of hours line personnel have spent in an acting capacity. Personnel serving in an acting capacity are a key component of the Department’s overall succession planning efforts. Acting capacity allows junior officers to learn the responsibilities of higher ranks with guidance from senior officers. This information is tracked in TeleStaff. City of Palo Alto Page 3 Training hours: The total number of training hours completed by all line personnel is provided, as well as the average number of hours per each line personnel on staff. This information is tracked in the Fire Department’s Record Management System. Local, State and Federal mandates require fire personnel to train a minimum of 20 hours per month. Attachments: ATTACHMENT A_Coverletter FINAL (PDF) ATTACHMENT B_FY16 Q1 Report FINAL (DOCX) ATTACHMENT C_EMS Survey FY16Q1 (PDF) ATTACHMENT D_Recognition Letters (PDF) 1 | P a g e Palo Alto Fire Department Quarterly Performance Report Fiscal Year 2016, First Quarter Calls for Service The Palo Alto Fire Department (PAFD) responded to a total of 2,267 calls for service in the first quarter of Fiscal Year 2016. This includes responses within Palo Alto, Stanford, and neighboring cities to provide Auto and Mutual Aid. Approximately eighty-one (81%) of calls are generated from Palo Alto, fourteen percent (14%) from Stanford, and the remainder from neighboring cities or requests for regional fire deployment. The majority of calls were for Rescue and Emergency Medical Services, making up fifty-seven percent (57%) of the responses. Table 1 below shows the main categories of the calls to which PAFD responded. Calls are classified based on the actual event occurred, rather than the initial call request. Table 1. Calls for Service Type FY15 Q1 FY16 Q1 Emergency Medical Service 1315 1300 Good Intent 343 440 False Alarm & False Call 281 289 Service Call 67 138 Rescue & Hazardous Material 80 67 Fire 32 31 Explosion, No Fire 0 2 Grand Total 2118 2267 Good Intent and False Alarm calls make up the second largest types of responses. Most calls for service that may be a true threat of fire, gas or other emergency hazard are actually found to be something else after Firefighters investigate the situation. These calls are coded as Good Intent calls. As well, many fire alarm activations are from causes other than fire or emergency hazard. These situations are categorized as False Alarm calls. Emergency Medical Services Emergency Medical Service (EMS) is the primary service that the Palo Alto Fire Department provides to Palo Alto and Stanford. While this shift toward EMS is being seen across the region, the Palo Alto Fire Department is the only Fire Department in the County that provides ambulance and transport services. This is especially valuable to our community. The 2012 Council on Aging Silicon Valley Report indicates that Palo Alto has the highest percentage of the oldest seniors (75 and over) in the County. This population relies most on our services, with a service utilization rate more than six times greater than the rest of the population. Of the 1,300 Emergency Medical Service calls the PAFD responded to in the first quarter of Fiscal Year 2016, the overwhelming majority were for medical, trauma and cardiac calls that did not involve a vehicle accident. 2 | P a g e Table 2. EMS Performance Measures Calls for Service FY15 Q1 FY16 Q1 NFIRS Code Description 321 EMS call, excluding vehicle accident with injury 1196 1207 322 Vehicle accident with injuries 87 72 324 Motor vehicle accident with no injuries 19 9 323 Motor vehicle/pedestrian accident 11 11 381 Rescue or EMS standby 2 1 Total 1315 1300 Transports Number of Transports 996 946 Percent of EMS Calls resulting in transport 75.7% 72.8% Response Times Percent of first responder arriving on scene to EMS calls within 8 minutes 91.0% 92.2% Percent of paramedic responder arriving on scene to EMS calls within 12 minutes 96.2% 98.7% Median response time for first responder arriving on scene to EMS calls 05:11 04:59 Most EMS calls (73%) resulted in an ambulance transport to a local hospital or care facility. This is the primary source of revenue generated from emergency medical services, and revenue received in this quarter is on track with budget projections. Response Time Goal Met: At least 90% of first responder arriving on scene to EMS calls within 8 minutes. This quarter the PAFD first responder arrived on scene to EMS calls within 8 minutes ninety-two percent (92%) of the time. Response Time Goal Met: At least 99% of paramedic responder arriving on scene to EMS calls within 12 minutes. This quarter the PAFD paramedic responder arrived on scene to EMS calls within 12 minutes ninety-nine percent (99%) of the time. Fire Suppression Very few of the potential fire calls coming into dispatch turn out to be a real fire once PAFD investigates the scene and cause of the concerning elements. This quarter PAFD responded to 31 calls where fire was present, and only 25 of those were in Palo Alto or Stanford. This quarter marks the peak of Fire Season, and PAFD deployed a number of strike teams to assist on regional fires. The first request this summer came on August 1 when the Mad River Complex was ignited by lightning strikes and ripped across Trinity County. Engine 66 responded with Captain Christy Baird, Operator Matt Goglio, Firefighters Jesse Wooton and Tim Gaffney. The fire ultimately consumed 37,462 acres with approximately 1000 firefighters battling the blaze. Our crew returned to Palo Alto on 15 days after their deployment. A month and a half later on September 9, the Butte Fire ignited. On September 11, the crew of Captain Bill Dale, Operator Chuck Ferry, Firefighters Rayne Mahaffey and Eric Schill were deployed to Amador & 3 | P a g e Calaveras Counties. This fire ultimately burned 70,868 acres, destroyed 863 buildings, and killed two civilians. This crew spent their 24 hour shifts, cutting down trees, creating fire line, and cleaning up after the fire so that residents could return to their homes, whether they were standing or not. This crew returned to Palo Alto on September 20th, for a total of 10 days deployed. The very next day, on September 12, the Valley Fire erupted in Lake, Napa and Sonoma Counties. Captain Ken Green, and Firefighters Manny Macias, Kyle Salisbury and Nick Penko joined another Santa Clara County Strike Team and headed north to help battle this deadly fire. For 10 days this crew searched for the missing, fought spot fires and supported back burning operations on their 24 hours shifts. A total of 1,958 structures were destroyed, 4 firefighters were injured and 4 civilian deaths occurred in this 76,067 acre fire. All in all 12 PAFD personnel worked for a total of 35 days battling 184,406 burning acres with over 3000 firefighters from across the state. This is an excellent example of the fire service cooperative efforts that allow us to assist one another when we need the help. Table 3. Fire Performance Measures Calls for Service FY15 Q1 FY16 Q1 NFIRS Code Description 113 Cooking fire, confined to container 4 5 118 Trash or rubbish fire, contained 1 5 150 Outside rubbish fire, other 5 5 100 Fire, other 4 3 131 Passenger vehicle fire 2 3 111 Building fire 5 2 141 Forest, woods or wildland fire 4 2 142 Brush, or brush and grass mixture fire 0 2 122 Fire in motor home, camper, recreational vehicle 0 1 140 Natural vegetation fire, other 0 1 154 Dumpster or other outside trash receptacle fire 5 1 161 Outside storage fire 0 1 143 Grass fire 1 0 170 Cultivated vegetation, crop fire, other 1 0 Total 32 31 Response Times Percent of first responder arriving on scene to Fire calls within 8 minutes 82.3% 86.6% Median response time for first responder arriving on scene to Fire calls 05:53 5:37 Fire Containment Percent of building and structure fires contained to the room or area of origin 100% N/A Response Time Goal Not Met: At least 90% of first responder arriving on scene to Fire calls within 8 minutes. This quarter the PAFD first responder arrived on scene to Fire calls within 8 minutes eighty-six percent (86%) of the time. This is a small improvement with historical performance on this measure, which typically is eighty-one percent (81%) to eighty-two percent (82%). The Fire Department is in the process of conducting a Community Focused Integrated Risk Management Assessment, which is expected to help management identify data informed ways to improve performance in this area. 4 | P a g e Fire Containment Goal Not Applicable: At least 90% of building and structure fires contained to the room or area of origin. This quarter there were no building or structure fires within Palo Alto or Stanford, therefore there is no data for this measure. PAFD responded to two building fires as mutual aid to other cities; in those cases the final confined to area information is unavailable. Rescue and Hazardous Materials The Fire Department responded to a total of 67 rescue and hazardous material calls. The most common rescue call is for the removal of victims from a stalled elevator, which accounts for eighteen percent (18%) of these call types. Gas leak calls account for the majority of hazardous material calls, making up thirty-one percent (31%) of rescue and hazardous material calls. Table 4. Rescue and Hazardous Materials Measures Calls for Service FY15 Q1 FY16 Q1 NFIRS Code Description 353 Removal of victim(s) from stalled elevator 18 12 412U Gas leak (natural gas or LPG) - PA Utilities Related 14 11 400 Hazardous condition, other 7 10 412 Gas leak (natural gas or LPG) 4 8 413 Oil or other combustible liquid spill 4 4 421 Chemical hazard (no spill or leak) 0 3 442 Overheated motor 3 3 444 Power line down 2 3 411 Gasoline or other flammable liquid spill 5 2 460 Accident, potential accident, other 0 2 331 Lock-in (if lock out , use 511 ) 6 1 350 Extrication, rescue, other 0 1 352 Extrication of victim(s) from vehicle 0 1 410 Flammable gas or liquid condition, other 1 1 422 Chemical spill or leak 0 1 440 Electrical wiring/equipment problem, other 2 1 443 Light ballast breakdown 1 1 445 Arcing, shorted electrical equipment 3 1 451 Biological hazard, confirmed or suspected 2 1 381 Rescue or EMS standby 2 0 444U Power line down - PA Utilities Related 2 0 463 Vehicle accident, general cleanup 2 0 351 Extrication of victim(s) from building/structure 1 0 423 Refrigeration leak 1 0 Total 80 67 Response Times Median response time for first responder arriving on scene to Rescue & Hazardous Materials calls 06:41 05:43 5 | P a g e Mutual and Automatic Aid The Fire Department has automatic aid agreements with five regional Fire Departments, including Mountain View, Menlo Park, Woodside, Los Altos, and Santa Clara County Fire. The PAFD primarily provides aid to Mountain View, and the data below shows an increase in the number of calls from the prior fiscal year. This is due to the virtual consolidation effort with the cities of Mountain View and Los Altos, which was completed at in the first quarter of FY15. The Deputy Chief of Operations communicates regularly with the Mountain View Fire Department to review the agreement and ensure Palo Alto’s resources are not overly relied upon. In this quarter, the PAFD provided mutual or automatic aid to nine other jurisdictions on a total of 129 incidents. Five agencies provided mutual or automatic aid for calls within Palo Alto or Stanford on a total of 95 incidents. Table 5. Mutual and Automatic Aid Performance Measures Mutual and Auto Aid Provided FY15 Q1 FY16 Q1 Agency Mountain View Fire 78 96 Santa Clara County Fire 23 26 Menlo Park Fire 11 3 San Jose Fire 2 0 San Mateo Fire 1 1 Cal Fire 1 3 All Mutual and Auto Aid Provided 116 129 Mutual and Auto Aid Received Agency Mountain View Fire 51 66 Menlo Park Fire 37 14 Santa Clara County Fire 16 6 Woodside Fire 6 8 Cal Fire 0 1 All Mutual and Auto Aid Received 110 95 6 | P a g e Fire Prevention The Fire Prevention Bureau ensures compliance with the Fire Code for the safety of occupants and protection of property. Fire Inspectors perform fire sprinkler and fire alarm plan checks, permitting, and field inspections with the goal of ensuring all construction complies with local and national codes. With the selection of the new Fire Marshall and the installation of the improved data tracking system, some adjustments have been made to the performance measures. In addition, a thorough records review was conducted to ensure that the total number of mandated inspections was accurate. Table 6. Prevention Bureau Performance Measures Permits FY15 Q1 FY16 Q1 Fire Permits Issued - 202 Electric Vehicle Permits Issued 11 22 Solar Permits Issued 37 61 Inspections Hazardous Material Inspections Completed 83 89 Number of Hazardous Material Inspections for the year 270 207 Percent of Hazardous Material Facilities Inspections Complete 30.7% 43.0% State Mandated Inspections Completed 32 85 Number of State Mandated Inspections for the year 96 340 Percent of State Mandated Facilities Inspections Complete 33.3% 25.0% Fire and Life Safety Plan Review Plans Reviewed 160 360 Percent of Reviews Completed On-Time 100% 100% 7 | P a g e Workforce Planning The Department operates daily emergency response operations with a total of 96.00 FTE line personnel. This includes three battalions of crews that staff six stations in the City and Stanford 24 hours each day. Over the last quarter, the department has operated with 9.0 positions vacant and 2.0 employees off-line creating a total of 11.00 FTE positions that require backfilling. With two promotional processes completed in the last Fiscal Year, the permanent vacancies are solely within the Firefighter and Apparatus Operator Classifications. During this quarter two employees voluntarily left the city to take firefighting positions with other agencies. The PAFD was able to partner with the Sunnyvale Fire Department for a Joint Fire Academy, and hired 4 new Firefighters from the eligibility list created in 2014. In the early stages of the Academy, one of the new recruits opted to accept a competing offer from another fire agency. The three recruits with complete the Academy on December 4, 2015. In the last fiscal year the department created a new Training Battalion Chief position dedicated to ramping up succession planning and training efforts. This focus toward succession planning is becoming increasingly important as 43.2% of all line personnel will be eligible to retire within the next five years. The impact of this position can be seen in the increase in training hours completed compared to this quarter last year. Personnel completed 28% more hours than the prior year. Training this quarter covered County Wildland updates, Ventilation Techniques, Difficult Conversations, Hazardous Materials Quarterly Training Series, Live Fire Events, Trench Rescue, Paramedic Training, among many others. Table 7. Vacancies and Off-Line Employees FY16 Q1 Classification Budgeted FTE Vacancies Off-Line Employees (Workers Comp/Light Duty) Personnel On Line Percent of Personnel On Line Battalion Chief 4.00 0.00 0.00 4.00 100% Fire Captain 22.00 3.00 0.00 19.00 86% Fire Apparatus Operator & Fire Fighters 70.00 6.00 2.00 62.00 89% TOTAL 96.00 9.00 2.00 85.00 89% Table 8. Succession Planning FY15 Q1 FY16 Q1 Number of Line Personnel Currently Eligible to Retire 11 17 Number of Line Personnel Eligible to Retire in Five Years 24 24 Percent of all Line Personnel Eligible to Retire within Five Years 39.8% 43.2% Number of Acting Battalion Chief Hours 1,296 198 Number of Acting Captain Hours 4,398 2,200 Number of Acting Apparatus Operator Hours 3,346 7,550 Training Hours of Training Completed 8,051 10,290 Average Hours per Line Personnel 92.54 121.1 Number of Your Patients in this ReportYour Score July 1, 2015 to September 30, 2015 EMS System Report Palo Alto, CA 1515 Center Street City of Palo Alto 1 (877) 583-3100 www.EMSSurveyTeam.com Client 9701 service@EMSSurveyTeam.com Lansing, Mi 48096 11794.21 Number of Patients in this Report 16,136 Number of Transport Services in All EMS DB 87 Page 1 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Executive Summary This report contains data from 117 City of Palo Alto patients who returned a questionnaire between 07/01/2015 and 09/30/2015. The overall mean score for the standard questions was 94.21; this is a difference of 1.98 points from the overall EMS database score of 92.23. The current score of 94.21 is a change of 0.16 points from last period's score of 94.05. This was the 8th highest overall score for all companies in the database. You are ranked 3rd for comparably sized companies in the system. 82.05% of responses to standard questions had a rating of Very Good, the highest rating. 99.08% of all responses were positive. Page 2 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Demographics — This section provides demographic information about the patients who responded to the survey for the current and the previous periods. The information comes from the data you submitted. Compare this demographic data to your eligible population. Generally, the demographic profile will approximate your service population. Total This PeriodLast Period OtherFemaleMale OtherMaleTotalFemale Under 18 2 1 03 352 0 18 to 30 1 2 03 220 0 31 to 44 2 2 04 462 0 45 to 54 5 1 06 132 0 55 to 64 6 6 012 10133 0 65 and older 19 32 354 508836 2 Total 35 44 382 117 45 70 2 Gender Page 3 of 27 City of Palo Alto July 01, 2015 to September 30, 2015 Dispatch Analysis This analysis details the section results that concern dispatcher operations. The analysis contains the mean scores for each survey question. The first column shows the company score and the total database score, the second column is your variance from the database score. Helpfulness of the person you called for ambulance service 95.22 92.15 3.07 Your Score Total DB Variance1000 Concern shown by the person you called for ambulance service 95.11 92.05 3.06 Your Score Total DB Variance1000 Extent to which you were told what to do until the ambulance arrived 92.86 90.66 2.20 Your Score Total DB Variance1000 Overall Section Score Total DB 2.20 100 91.62 Variance 0 Your Score 94.40 Page 4 of 27 City of Palo Alto July 01, 2015 to September 30, 2015 Ambulance Analysis This analysis details the section results that concern ambulance operations. The analysis contains the mean scores for each survey question. The first column shows the company score and the total database score, the second column is your variance from the database score. Extent to which the ambulance arrived in a timely manner 96.02 91.54 4.48 Your Score Total DB Variance1000 Cleanliness of the ambulance 96.23 93.86 2.37 Your Score Total DB Variance1000 Comfort of the ride 92.22 87.26 4.96 Your Score Total DB Variance1000 Skill of the person driving the ambulance 95.33 93.27 2.06 Your Score Total DB Variance1000 Overall Section Score Total DB 2.06 100 91.48 Variance 0 Your Score 94.95 Page 5 of 27 City of Palo Alto July 01, 2015 to September 30, 2015 Medic Analysis This analysis details the section results that concern medic operations. The analysis contains the mean scores for each survey question. The first column shows the company score and the total database score, the second column is your variance from the database score. Care shown by the medics who arrived with the ambulance 97.35 94.05 3.30 Your Score Total DB Variance1000 Degree to which the medics took your problem seriously 96.40 93.88 2.52 Your Score Total DB Variance1000 Degree to which the medics listened to you and/or your family 95.41 93.64 1.77 Your Score Total DB Variance1000 Skill of the medics 95.87 93.97 1.90 Your Score Total DB Variance1000 Extent to which the medics kept you informed about your treatment 92.62 92.37 0.25 Your Score Total DB VarianceVariance1000 Extent to which medics included you in the treatment decisions (if applicable) 90.95 92.04 Your Score Total DB Variance -1.09 Variance1000 Degree to which the medics relieved your pain or discomfort 92.66 90.46 2.20 Your Score Total DB Variance1000 Page 6 of 27 City of Palo Alto July 01, 2015 to September 30, 2015 Medic Analysis This analysis details the section results that concern medic operations. The analysis contains the mean scores for each survey question. The first column shows the company score and the total database score, the second column is your variance from the database score. Medics' concern for your privacy 93.45 92.92 0.53 Your Score Total DB VarianceVariance1000 Extent to which medics cared for you as a person 95.60 93.95 1.65 Your Score Total DB Variance1000 Overall Section Score Total DB 1.65 100 93.03 Variance 0 Your Score 94.48 Page 7 of 27 City of Palo Alto July 01, 2015 to September 30, 2015 Billing Staff Assessment Analysis This analysis details the section results that concern office operations. The analysis contains the mean scores for each survey question. The first column shows the company score and the total database score, the second column is your variance from the database score. Professionalism of the staff in our ambulance service billing office 88.46 88.18 0.28 Your Score Total DB VarianceVariance1000 Willingness of the staff in our billing office to address your needs 90.72 87.93 2.79 Your Score Total DB Variance1000 Overall Section Score Total DB 2.79 100 88.06 Variance 0 Your Score 89.59 Page 8 of 27 City of Palo Alto July 01, 2015 to September 30, 2015 Overall Assessment Analysis This analysis details the section results that concern assessment of operations. The analysis contains the mean scores for each survey question. The first column shows the company score and the total database score, the second column is your variance from the database score. How well did our staff work together to care for you 95.35 93.15 2.20 Your Score Total DB Variance1000 Extent to which our staff eased your entry into the medical facility 95.72 93.22 2.50 Your Score Total DB Variance1000 Appropriateness of Emergency Medical Transportation treatment 95.09 92.99 2.10 Your Score Total DB Variance1000 Extent to which the services received were worth the fees charged 85.14 87.66 Your Score Total DB Variance -2.52 Variance1000 Overall rating of the care provided by our Emergency Medical Transportation service 95.23 93.19 2.04 Your Score Total DB Variance1000 Likelihood of recommending this ambulance service to others 94.53 92.77 1.76 Your Score Total DB Variance1000 Overall Section Score Total DB 1.76 100 92.16 Variance 0 Your Score 93.51 Page 9 of 27 July 1, 2015 to September 30, 2015 City of Palo Alto Question Analysis This section lists a synopsis of the information about your individual questions and overall scores for this monthly reporting period. The first column shows the company score from the previous period, the second column shows the change, the third column shows your score for this period and the fourth column shows the total Database score. Dispatch Analysis Last Period Change This Period Total DB Helpfulness of the person you called for ambulance service 95.223.02 92.1592.20 Concern shown by the person you called for ambulance service 95.113.94 92.0591.17 Extent to which you were told what to do until the ambulance arrived 92.861.47 90.6691.39 Ambulance Analysis Last Period Change This Period Total DB Extent to which the ambulance arrived in a timely manner 96.020.83 91.5495.19 Cleanliness of the ambulance 96.23-0.56 93.8696.79 Comfort of the ride 92.220.32 87.2691.90 Skill of the person driving the ambulance 95.330.85 93.2794.48 Medic Analysis Last Period Change This Period Total DB Care shown by the medics who arrived with the ambulance 97.351.68 94.0595.67 Degree to which the medics took your problem seriously 96.400.02 93.8896.38 Degree to which the medics listened to you and/or your family 95.41-0.59 93.6496.00 Skill of the medics 95.87-0.18 93.9796.05 Extent to which the medics kept you informed about your treatment 92.62-2.45 92.3795.07 Extent to which medics included you in the treatment decisions (if applicable)90.95-4.05 92.0495.00 Degree to which the medics relieved your pain or discomfort 92.66-1.00 90.4693.66 Medics' concern for your privacy 93.450.33 92.9293.12 Extent to which medics cared for you as a person 95.60-0.29 93.9595.89 Billing Staff Assessment Analysis Last Period Change This Period Total DB Professionalism of the staff in our ambulance service billing office 88.46-0.00 88.1888.46 Willingness of the staff in our billing office to address your needs 90.721.25 87.9389.47 Page 10 of 27 July 1, 2015 to September 30, 2015 City of Palo Alto Question Analysis (Continued) Overall Assessment Analysis Last Period Change This Period Total DB How well did our staff work together to care for you 95.350.78 93.1594.57 Extent to which our staff eased your entry into the medical facility 95.722.86 93.2292.86 Appropriateness of Emergency Medical Transportation treatment 95.090.30 92.9994.79 Extent to which the services received were worth the fees charged 85.14-5.59 87.6690.73 Overall rating of the care provided by our Emergency Medical Transportation 95.230.23 93.1995.00 Likelihood of recommending this ambulance service to others 94.53-0.19 92.7794.72 Page 11 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Nov 2014 Dec 2014 Jan 2015 Feb 2015 Mar 2015 Apr 2015 May 2015 Jun 2015 Jul 2015 Aug 2015 Sep 2015 Helpfulness of the person you called for ambulance service 98.13 96.15 97.22 98.21 96.09 95.83 92.67 85.71 95.00 93.93 96.51 Concern shown by the person you called for ambulance service 98.75 95.49 96.53 96.43 95.16 95.83 91.37 85.71 95.00 94.87 95.35 Extent to which you were told what to do until the ambulance 97.14 93.22 95.00 91.67 92.74 95.83 91.67 85.71 91.67 93.42 92.68 Extent to which the ambulance arrived in a timely manner 95.54 96.47 93.62 96.88 97.37 96.43 95.56 91.67 100.00 96.88 94.12 Cleanliness of the ambulance 99.52 97.22 95.35 96.15 95.83 100.00 96.83 94.44 96.43 96.67 95.74 Comfort of the ride 97.06 92.96 90.00 93.75 90.28 95.83 92.74 83.44 94.64 92.44 91.33 Skill of the person driving the ambulance 99.02 97.89 94.44 95.45 95.71 95.83 94.35 94.44 100.00 95.35 93.88 Care shown by the medics who arrived with the ambulance 97.32 97.30 95.83 98.33 99.31 100.00 95.90 91.67 95.31 97.87 97.50 Degree to which the medics took your problem seriously 97.77 96.58 94.32 100.00 99.26 100.00 96.77 91.67 95.00 96.20 97.00 Degree to which the medics listened to you and/or your family 97.17 96.18 93.60 100.00 98.53 100.00 95.90 94.44 93.33 96.74 94.79 Skill of the medics 97.64 97.50 94.77 98.08 98.48 100.00 96.37 91.67 93.33 95.65 96.88 Extent to which the medics kept you informed about your 93.23 96.74 95.95 98.21 97.50 95.00 95.56 91.67 90.00 95.56 90.56 Extent to which medics included you in the treatment decisions 93.89 94.25 95.16 98.08 97.83 100.00 95.31 90.63 86.36 95.39 88.12 Degree to which the medics relieved your pain or discomfort 94.68 96.37 88.57 93.18 97.00 100.00 94.83 83.33 88.64 95.00 91.46 Medics' concern for your privacy 96.50 95.77 92.36 96.15 99.14 95.00 93.42 89.29 92.31 95.83 91.67 Extent to which medics cared for you as a person 97.17 97.10 93.45 98.33 100.00 100.00 95.42 96.88 95.00 97.22 94.27 Professionalism of the staff in our ambulance service billing 87.07 92.86 86.11 95.00 86.67 91.67 87.88 91.67 90.91 90.79 85.23 Willingness of the staff in our billing office to address your 89.58 92.74 89.06 95.00 86.67 83.33 90.63 83.33 92.86 90.28 90.33 How well did our staff work together to care for you 97.06 98.24 94.51 97.92 96.77 100.00 94.74 90.63 96.88 95.11 95.10 Extent to which our staff eased your entry into the medical 98.58 97.79 95.35 93.75 97.58 85.00 93.86 90.63 96.88 94.44 96.50 Appropriateness of Emergency Medical Transportation treatment 98.08 96.55 95.00 92.31 99.17 100.00 94.92 90.63 97.06 96.20 93.37 Extent to which the services received were worth the fees 84.35 87.32 86.39 90.63 92.00 93.75 91.50 84.38 83.33 87.18 83.79 Overall rating of the care provided by our Emergency Medical 97.22 97.79 94.77 100.00 97.66 95.00 95.61 90.63 95.59 96.11 94.27 Likelihood of recommending this ambulance service to others 95.74 97.19 95.27 97.50 97.66 100.00 94.92 90.63 96.88 96.02 92.24 Your Master Score 96.15 96.00 93.77 96.59 96.46 96.64 94.38 90.03 94.19 95.10 93.39 Your Total Responses 60 84 49 17 42 7 66 9 17 48 52 Monthly Breakdown Below are the monthly responses that have been received for your service. It details the individual score for each question as well as the overall company score for that month. Page 12 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Monthly tracking of Overall Survey Score Page 13 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Greatest Increase and Decrease in Scores by Question Increases Last Period This Period Change Total DB Score Concern shown by the person you called for ambulance service 91.17 3.94 92.0595.11 Helpfulness of the person you called for ambulance service 92.20 3.02 92.1595.22 Extent to which our staff eased your entry into the medical facility 92.86 2.86 93.2295.72 Care shown by the medics who arrived with the ambulance 95.67 1.68 94.0597.35 Extent to which you were told what to do until the ambulance arrived 91.39 1.46 90.6692.86 Willingness of the staff in our billing office to address your needs 89.47 1.25 87.9390.72 Skill of the person driving the ambulance 94.48 0.85 93.2795.33 Extent to which the ambulance arrived in a timely manner 95.19 0.83 91.5496.02 How well did our staff work together to care for you 94.57 0.79 93.1595.35 Medics' concern for your privacy 93.12 0.33 92.9293.45 Decreases Last Period This Period Change Total DB Score Extent to which the services received were worth the fees charged 90.73 -5.59 87.6685.14 Extent to which medics included you in the treatment decisions (if applicable) 95.00 -4.05 92.0490.95 Extent to which the medics kept you informed about your treatment 95.07 -2.45 92.3792.62 Degree to which the medics relieved your pain or discomfort 93.66 -1.00 90.4692.66 Degree to which the medics listened to you and/or your family 96.00 -0.59 93.6495.41 Cleanliness of the ambulance 96.79 -0.57 93.8696.23 Extent to which medics cared for you as a person 95.89 -0.29 93.9595.60 Likelihood of recommending this ambulance service to others 94.72 -0.18 92.7794.53 Skill of the medics 96.05 -0.18 93.9795.87 Page 14 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Greatest Scores Above Benchmarks by Question Highest Above Benchmark This Period Variance Total DB Score Care shown by the medics who arrived with the ambulance 94.053.397.35 Degree to which the medics took your problem seriously 93.882.5296.4 Cleanliness of the ambulance 93.862.3696.23 Extent to which the ambulance arrived in a timely manner 91.544.4896.02 Skill of the medics 93.971.9195.87 Extent to which our staff eased your entry into the medical facility 93.222.595.72 Extent to which medics cared for you as a person 93.951.6595.6 Degree to which the medics listened to you and/or your family 93.641.7795.41 How well did our staff work together to care for you 93.152.2195.35 Skill of the person driving the ambulance 93.272.0695.33 Page 15 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Highest and Lowest Scores Highest Scores Last Period This Period Change Total DB Score Care shown by the medics who arrived with the ambulance 97.3595.67 1.68 94.05 Degree to which the medics took your problem seriously 96.4096.38 0.02 93.88 Cleanliness of the ambulance 96.2396.79 -0.56 93.86 Extent to which the ambulance arrived in a timely manner 96.0295.19 0.83 91.54 Skill of the medics 95.8796.05 -0.18 93.97 Lowest Scores Last Period This Period Change Total DB Score Extent to which the services received were worth the fees charged 85.1490.73 -5.59 87.66 Professionalism of the staff in our ambulance service billing office 88.4688.46 0.00 88.18 Willingness of the staff in our billing office to address your needs 90.7289.47 1.25 87.93 Extent to which medics included you in the treatment decisions (if applicable) 90.9595.00 -4.05 92.04 Comfort of the ride 92.2291.90 0.32 87.26 Page 16 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Key Drivers — This section shows the relative importance of each question to the respondents' overall satisfaction. The greater the coefficient number, the more important the issue is to your patients' overall satisfaction. The questions are arranged based on their weighted importance value. Question Your Score Correlation Coeffecient Degree to which the medics relieved your pain or discomfort .88799461392.66 Overall rating of the care provided by our Emergency Medical Transportation service .85584939895.23 Extent to which medics cared for you as a person .84868077295.60 Degree to which the medics listened to you and/or your family .84589532995.41 Extent to which the medics kept you informed about your treatment .84588427392.62 Skill of the person driving the ambulance .82591948895.33 How well did our staff work together to care for you .82434530695.35 Extent to which medics included you in the treatment decisions (if applicable).81791507790.95 Skill of the medics .81687049595.87 Appropriateness of Emergency Medical Transportation treatment .81571068595.09 Willingness of the staff in our billing office to address your needs .79482711390.72 Extent to which the services received were worth the fees charged .78836397885.14 Extent to which you were told what to do until the ambulance arrived .78794144592.86 Likelihood of recommending this ambulance service to others .78663740394.53 Extent to which our staff eased your entry into the medical facility .7841701995.72 Medics' concern for your privacy .77958116993.45 Comfort of the ride .74470268192.22 Degree to which the medics took your problem seriously .74270623696.40 Care shown by the medics who arrived with the ambulance .72763534697.35 Cleanliness of the ambulance .67837870596.23 Extent to which the ambulance arrived in a timely manner .67221539996.02 Professionalism of the staff in our ambulance service billing office .64929820688.46 Concern shown by the person you called for ambulance service .64629743495.11 Helpfulness of the person you called for ambulance service .62786500395.22 Page 17 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Company Comparisons — The following chart gives a comparison of the mean score for each question as scored by comparable companies. Your company is highlighted. There is also a green-shaded highlight of the highest score for each question. This will show how you compare to similar companies. Your Company A B C D E F Comparison Companies Helpfulness of the person you called for ambulance service 91.91 95.34 94.23 92.37 92.4689.1695.22 Concern shown by the person you called for ambulance service 90.87 92.43 92.91 92.97 91.4690.2495.11 Extent to which you were told what to do until the ambulance 88.52 92.50 91.74 92.29 88.5887.1492.86 Extent to which the ambulance arrived in a timely manner 92.11 94.57 96.67 93.79 88.8690.5796.02 Cleanliness of the ambulance 92.61 94.67 97.20 94.64 91.1093.1096.23 Comfort of the ride 84.06 85.48 93.75 90.04 83.8287.0192.22 Skill of the person driving the ambulance 91.11 93.95 97.32 93.13 90.8093.1995.33 Care shown by the medics who arrived with the ambulance 93.40 93.87 97.48 94.90 91.5291.3597.35 Degree to which the medics took your problem seriously 91.92 94.37 97.52 94.74 91.2092.3296.40 Degree to which the medics listened to you and/or your family 90.73 93.97 96.56 93.63 90.7791.6095.41 Skill of the medics 93.06 95.90 97.50 95.30 90.8990.6095.87 Extent to which the medics kept you informed about your 90.42 93.64 96.31 92.02 90.2591.3092.62 Extent to which medics included you in the treatment decisions (if 89.95 91.37 97.30 91.90 90.4391.0290.95 Degree to which the medics relieved your pain or discomfort 86.77 88.25 93.38 92.39 88.5789.4592.66 Medics' concern for your privacy 91.07 92.43 96.01 93.42 89.6590.8293.45 Extent to which medics cared for you as a person 91.24 94.28 97.31 94.59 91.0892.2795.60 Professionalism of the staff in our ambulance service billing office 92.11 93.10 90.38 90.56 87.6687.3588.46 Willingness of the staff in our billing office to address your needs 92.65 92.86 90.54 87.39 87.5187.1990.72 How well did our staff work together to care for you 90.10 95.00 96.88 94.44 90.2793.1795.35 Extent to which our staff eased your entry into the medical facility 91.07 93.42 96.26 95.00 89.5693.5495.72 Appropriateness of Emergency Medical Transportation treatment 90.66 96.05 96.93 93.87 89.6792.8095.09 Extent to which the services received were worth the fees charged 81.73 89.13 92.92 88.86 84.9884.6485.14 Overall rating of the care provided by our Emergency Medical 89.01 94.58 95.54 94.64 89.0593.7695.23 Likelihood of recommending this ambulance service to others 87.91 91.11 97.14 94.85 88.5291.8494.53 Overall score 94.21 90.81 90.19 93.10 95.75 93.22 89.62 National Rank 8 51 55 17 5 15 58 Comparable Size (Medium) Company Rank 3 19 20 Page 18 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Yo u r Co m p a n y Total Score Benchmark Comparison 94.21 To t a l D B Si m i l a r S i z e d 91.96 91.99 Helpfulness of the person you called for ambulance service 95.22 92.15 92.40 Concern shown by the person you called for ambulance service 95.11 92.05 92.04 Extent to which you were told what to do until the ambulance 92.86 90.66 90.85 Extent to which the ambulance arrived in a timely manner 96.02 91.54 91.87 Cleanliness of the ambulance 96.23 93.86 93.59 Comfort of the ride 92.22 87.26 87.48 Skill of the person driving the ambulance 95.33 93.27 93.05 Care shown by the medics who arrived with the ambulance 97.35 94.05 94.12 Degree to which the medics took your problem seriously 96.40 93.88 93.85 Degree to which the medics listened to you and/or your family 95.41 93.64 93.77 Skill of the medics 95.87 93.97 94.02 Extent to which the medics kept you informed about your 92.62 92.37 92.51 Extent to which medics included you in the treatment decisions 90.95 92.04 91.90 Degree to which the medics relieved your pain or discomfort 92.66 90.46 90.87 Medics' concern for your privacy 93.45 92.92 93.01 Extent to which medics cared for you as a person 95.60 93.95 93.83 Professionalism of the staff in our ambulance service billing 88.46 88.18 88.04 Willingness of the staff in our billing office to address your 90.72 87.93 87.72 How well did our staff work together to care for you 95.35 93.15 93.34 Extent to which our staff eased your entry into the medical 95.72 93.22 93.15 Appropriateness of Emergency Medical Transportation treatment 95.09 92.99 92.79 Extent to which the services received were worth the fees 85.14 87.66 87.70 Overall rating of the care provided by our Emergency Medical 95.23 93.19 93.09 Likelihood of recommending this ambulance service to others 94.53 92.77 92.82 Number of Surveys for the period 117 Page 19 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Benchmark Trending Graphic - Below are the monthly scores for your service. It details the overall score for each month as well as your subscribed benchmarks for that month. Page 20 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Cumulative Comparisons This section lists a synopsis of the information about your individual questions and overall scores over the entire lifetime of the dataset. The first column shows the company score and the second column details the total database score. Your Score Total DB 91.6294.64Overall Facility Rating Dispatch 94.65 91.43 Helpfulness of the person you called for ambulance service 92.2095.59 Concern shown by the person you called for ambulance service 91.9195.06 Extent to which you were told what to do until the ambulance 90.1993.29 Ambulance 95.28 91.24 Extent to which the ambulance arrived in a timely manner 91.5795.77 Cleanliness of the ambulance 93.7596.81 Comfort of the ride 86.9592.53 Skill of the person driving the ambulance 92.7096.03 Medic 95.56 92.61 Care shown by the medics who arrived with the ambulance 93.6397.08 Degree to which the medics took your problem seriously 93.5496.76 Degree to which the medics listened to you and/or your family 93.3096.13 Skill of the medics 93.7396.60 Extent to which the medics kept you informed about your treatment 91.7094.85 Extent to which medics included you in the treatment decisions (if 91.5193.90 Degree to which the medics relieved your pain or discomfort 90.1393.73 Medics' concern for your privacy 92.5094.66 Page 21 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Cumulative Comparisons (Continued) Your Score Total DB 91.6294.64Overall Facility Rating Medic 95.56 92.61 Extent to which medics cared for you as a person 93.4696.37 Billing Staff Assessment 89.58 87.99 Professionalism of the staff in our ambulance service billing office 87.9788.88 Willingness of the staff in our billing office to address your needs 88.0190.27 Overall Assessment 94.52 91.67 How well did our staff work together to care for you 92.7096.07 Extent to which our staff eased your entry into the medical facility 92.9096.01 Appropriateness of Emergency Medical Transportation treatment 92.6695.90 Extent to which the services received were worth the fees charged 86.4687.29 Overall rating of the care provided by our Emergency Medical 92.8396.21 Likelihood of recommending this ambulance service to others 92.4895.61 Page 22 of 27 The Top Box Analysis displays the number of responses for the entire survey by question and rating. The Top Box itself shows the percentage of "Very Good" responses, the highest rating, for each question. Next to the company rating is the entire EMS DB rating for those same questions. Top Box Comparisons July 1, 2015 to September 30, 2015 City of Palo Alto EMS DB % Very Good Company % Very Good Very GoodGoodFairPoor Very Poor Overall Company Rating 7 15 74 333 74.77%82.05%1961 Dispatch 1 0 10 38 72.94%82.31%228 Helpfulness of the person you called for ambulance service 1 0 2 10 81 86.17%74.50% Concern shown by the person you called for ambulance service 0 0 2 14 76 82.61%73.75% Extent to which you were told what to do until the ambulance arrived 0 0 6 14 71 78.02%70.58% Ambulance 0 2 8 65 72.94%82.64%357 Extent to which the ambulance arrived in a timely manner 0 0 1 16 96 84.96%73.12% Cleanliness of the ambulance 0 0 0 16 90 84.91%77.99% Comfort of the ride 0 2 4 19 81 76.42%63.67% Skill of the person driving the ambulance 0 0 3 14 90 84.11%76.99% Medic 1 7 27 124 78.22%83.10%782 Care shown by the medics who arrived with the ambulance 0 0 0 12 101 89.38%80.77% Degree to which the medics took your problem seriously 0 0 2 12 97 87.39%80.99% Degree to which the medics listened to you and/or your family 0 0 2 16 91 83.49%80.09% Skill of the medics 0 0 1 16 92 84.40%80.42% Extent to which the medics kept you informed about your treatment 0 2 3 19 81 77.14%76.03% Page 23 of 27 Top Box Comparisons July 1, 2015 to September 30, 2015 City of Palo Alto (Continued) EMS DB % Very Good Company % Very Good Very GoodGoodFairPoor Very Poor Overall Company Rating 7 15 74 333 74.77%82.05%1961 Extent to which medics included you in the treatment decisions (if applicable)1 1 8 10 71 78.02%75.80% Degree to which the medics relieved your pain or discomfort 0 2 3 15 72 78.26%72.01% Medics' concern for your privacy 0 1 5 14 83 80.58%76.57% Extent to which medics cared for you as a person 0 1 3 10 94 87.04%81.30% Billing Staff Assessment 1 1 6 21 62.45%69.47%66 Professionalism of the staff in our ambulance service billing office 0 1 4 13 34 65.38%62.17% Willingness of the staff in our billing office to address your needs 1 0 2 8 32 74.42%62.72% Overall Assessment 4 5 23 85 75.83%81.86%528 How well did our staff work together to care for you 0 1 1 16 95 84.07%77.43% Extent to which our staff eased your entry into the medical facility 0 0 3 13 95 85.59%77.50% Appropriateness of Emergency Medical Transportation treatment 0 0 4 14 94 83.93%77.31% Extent to which the services received were worth the fees charged 3 3 11 13 64 68.09%66.31% Overall rating of the care provided by our Emergency Medical Transportation service 0 1 1 16 92 83.64%78.41% Likelihood of recommending this ambulance service to others 1 0 3 13 88 83.81%78.05% Page 24 of 27 July 1, 2015 to September 30, 2015 City of Palo Alto Standard Deviation by Question SD Variance Database Standard Deviation Company Standard Deviation Total DBYour Score Helpfulness of the person you called for ambulance service 95.22 92.15 14.182 15.608 1.43 Concern shown by the person you called for ambulance service 95.11 92.05 11.204 15.223 4.02 Extent to which you were told what to do until the ambulance arrived 92.86 90.66 14.49 16.858 2.37 Extent to which the ambulance arrived in a timely manner 96.02 91.54 9.735 16.235 6.50 Cleanliness of the ambulance 96.23 93.86 8.95 12.517 3.57 Comfort of the ride 92.22 87.26 15.872 20.074 4.20 Skill of the person driving the ambulance 95.33 93.27 11.403 13.858 2.45 Care shown by the medics who arrived with the ambulance 97.35 94.05 7.702 14.094 6.39 Degree to which the medics took your problem seriously 96.40 93.88 9.981 14.789 4.81 Degree to which the medics listened to you and/or your family 95.41 93.64 10.797 14.959 4.16 Skill of the medics 95.87 93.97 9.881 14.035 4.15 Extent to which the medics kept you informed about your 92.62 92.37 15.401 15.843 0.44 Extent to which medics included you in the treatment decisions (if applicable) 90.95 92.04 19.39 16.632 -2.76 Degree to which the medics relieved your pain or discomfort 92.66 90.46 15.871 18.359 2.49 Medics' concern for your privacy 93.45 92.92 14.764 14.798 0.03 Extent to which medics cared for you as a person 95.60 93.95 12.651 14.965 2.31 Professionalism of the staff in our ambulance service billing office 88.46 88.18 17.989 17.836 -0.15 Willingness of the staff in our billing office to address your needs 90.72 87.93 19.349 18.974 -0.38 How well did our staff work together to care for you 95.35 93.15 11.782 14.598 2.82 Extent to which our staff eased your entry into the medical facility 95.72 93.22 11.066 14.375 3.31 Appropriateness of Emergency Medical Transportation treatment 95.09 92.99 11.971 15.062 3.09 Extent to which the services received were worth the fees charged 85.14 87.66 25.504 21.014 -4.49 Overall rating of the care provided by our Emergency Medical Transportation service 95.23 93.19 11.916 15.20 3.28 Likelihood of recommending this ambulance service to others 94.53 92.77 14.569 16.362 1.79 Overall Survey Rating 94.21 92.24 13.6 15.93 2.33 Page 25 of 27 City of Palo Alto July 1, 2015 to September 30, 2015 Responses vs Score Histogram — This graph shows the number of responses on the Y axis vs the average score on the X axis. Page 26 of 27 Facilities in Database July 1, 2015 to September 30, 2015 City of Palo Alto Adair EMS Kirksville, MO Air San Juan Island Friday Harbor, WA Alliance Mobile Health Troy, MI AMT Peoria, IL Bay State Springfield, MA Bay Village Bay Village, OH Beaumont Troy, MI Carilion Clinic Roanoke, VA Cetronia Allentown, PA City of Palo Alto Palo Alto, CA Columbus Connection Cols, OH Community Ambulance Macon, GA Community Care EMS Ashtabula, OH Community EMS MI Southfield, MI Community EMS OH Columbus, OH Cumberland Carlisle, PA Cy-Fair Houston, TX Cypress Creek Spring, TX DMC Care Detroit, MI Edward Naperville, IL Emergent Health Partners Ann Arbor, MI EMSA Oklahoma City, OK Escalon Ambulance Service Escalon, CA Genesis Community Zanesville, OH Gold Cross Menasha, WI Guilford EMS Greensboro, NC Harris County Emergency Houston, TX Health East St. Paul, MN Health Link Taylor, MI HEMSI Hunsville, AL Hennepin County EMS Minneapolis, MN Hot Springs Hot Springs, AR Hot Springs Village Hot Springs, AR Howard County Nashville, AR Humboldt Winnemucca, NV HVA null Lassen County Ambulance Susanville, CA LifeCare Ambulance Battle Creek, MI LifeCare Medical EMS Sterling, CO Life EMS Ambulance Grand Rapids, MI LifeNet EMS Texarkana, TX Malvern Malvern, AR MCHD Conroe, TX Medcare Ambulance Columbus, OH Medic 1 Ambulance Canton, MI Medic EMS Davenport, IA Medstar Clinton Twp., MI Medstar Mobile Healthcare Fort Worth, TX Mercy Flights Medford, OR Mercy Ohio Cincinnati, OH Metro West Hillsboro, OR Mobile Life Support New Windsor, NY Mobile Life Support New Windsor, NY Mobile Medical Response Saginaw, MI MONOC Neptune, NJ Nature Coast Lecanto, FL North Memorial Robbinsdale, MN North Shore LLJ Syosset, NY Oceana Hart, MI Pearland EMS Pearland, TX Portage County Stevens Point, WI Pro EMS Cambridge, MA ProMed Muskegon, MI Prompt Ambulance Highland, IN PTS Loveland, OH Puckett Austell, GA Regional EMS Flint, MI REMSA Reno, NV REMSA Air Transport Reno, NV Ridgefield Fire Department Ridgefield, CT Riggs Ambulance Merced, CA San Juan Island Friday Harbor, WA Scott & White Temple, TX Senior Care Bronx, NY Sioux Land Sioux City, IA SMCAS Niles, MI Snohomish County Fire Snohomish, WA St. Charles St. Peters, MO Stillwater Stillwater, OK Suburban Palmer, PA Swartz Flint, MI Texarkana Texarkana, TX Tri-Hospital Port Huron, MI University Medical Center Lubbock, TX Van Buren EMS Paw Paw, MI WestSide Community Newman, CA York Regional EMS Yoe, PA Page 27 of 27 THANK YOU --~---- City of Palo Alto (ID # 6355) City Council Staff Report Report Type: Action Items Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Declaration of Weeds a Nuisance Title: Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting January 11th, 2016 for a Public Hearing for Objections to Proposed Weed Abatement From: City Manager Lead Department: Fire Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting January 11th, 2016 for a Public Hearing for Objections to Proposed Weed Abatement For the 2016 Weed Abatement Cycle Recommendation Staff recommends that Council: 1) Adopt the attached resolution declaring weeds to be a public nuisance and setting January 11th, 2016 for a public hearing; and 2) Direct staff to publish a notice of hearing in accordance with the provisions of the Palo Alto Municipal Code. Background On March 21, 1977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within the City of Palo Alto. This agreement has reduced the City’s costs and staff time required for administration of weed abatement. For the past 39 seasons, the weed abatement program has been expeditiously carried out by the County Department of Agriculture and Resource Management with results satisfactory to Palo Alto residents. Discussion Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter requires property owners or occupants to remove certain weeds, as defined in Section 8.08.010 that exist upon their premises, public sidewalks, streets or alleys. It also specifies the procedures to be followed to abate weeds, in the event owners do not remove them. These procedures are: City of Palo Alto Page 2 - Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets the time and place for hearing any objections to the proposed weed abatement. - Public Notice. This notice informs property owners of the passage of the resolution and provides that property owners shall remove weeds from their property, or the abatement will be carried out by Santa Clara County (County). The City then publishes a legal advertisement in the local newspaper announcing the date of the public hearing. - Public Hearing. The Council must conduct a public hearing, at which time any property owner may appear and object to the proposed weed destruction or removal. After the City Council hearing and considering any objections the Council may allow or overrule any or all objections. If objections are overruled, the Council is deemed to have acquired jurisdiction to proceed, at which point the County will be asked to perform the work of destruction and removal of weeds. The action taken by the Council at the December 14th, 2015 meeting will set this public hearing date for January 11th, 2016. Resource Impact There is no direct fiscal impact of this action to the City. The City of Palo Alto administers the weed abatement program with the County Department of Agriculture and Resource Management with a minimal amount of staff time. All charges for the weed abatement services are included as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such charges are considered liens on these properties. The Weed Abatement Program is a cost recovery program and does not receive funding from City or County general funds. Policy Implications This procedure is consistent with existing City policies. Environmental Review The Santa Clara County Counsel has determined the Weed Abatement Program to be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308. Attachments: Resolution - Declaring Weeds to be Nuisance (PDF) NOT YET APPROVED 161201 sh 0170014 1 Resolution No. _____ Resolution of Intention of the Council of the City of Palo Alto Declaring Weeds to be a Nuisance and Setting January 11, 2016 for a Public Hearing for Objections to Proposed Weed Abatement R E C I T A L S A. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, are anticipated to develop during calendar year 2016 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a fire menace when dry or are otherwise combustible, or otherwise to constitute a menace to the public health as noxious or dangerous. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, which are anticipated to develop during calendar year 2016 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto, are hereby found and determined to constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys, sidewalks, and parcels of private property within the City, which are shown, described, and delineated on the several maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara, reference in each instance for the description of any particular street, alley, or parcel of private property being hereby made to the several maps aforesaid, and, in the event of there being several subdivision maps on which the same lots are shown, reference is hereby made to the latest subdivision map. SECTION 2. THEREFORE, IT IS ORDERED that the said public nuisance be abated in the manner provided by Chapter 8.08 of the Palo Alto Municipal Code: IT IS FURTHER ORDERED that a public hearing shall be held on the 11th day of January, 2016, at the hour of 6:00 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of the Civic Center of said City, at which the Council shall hear objections to the proposed weed abatement of such weeds and give any objections due consideration; IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to give notice of the public hearing in the time, manner and form provided in Chapter 8.08 of the Palo Alto Municipal Code. SECTION 3. Unless the nuisance is abated without delay by the destruction and removal of such weeds, the work of abating such nuisance will be done by the County of Santa Clara Department of Agriculture and Resource Management Office on behalf of the City of Palo Alto, and the expenses thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed and removed. Attachment A NOT YET APPROVED 161201 sh 0170014 2 SECTION 4. The Santa Clara County, County Counsel has determined the Weed Abatement Program to be categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15308. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Fire Chief _____________________________ Director of Administrative Services City of Palo Alto (ID # 6298) City Council Staff Report Report Type: Action Items Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Downtown RPP Update and Recommendation Title: Conceptual Approval of Expanded Boundaries for the Downtown Residential Preferential Parking (RPP) Program and Council Direction on Parameters for Phase Two of the Program From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council: a) Conceptually approve the annexation of additional areas south of Lincoln Avenue and north-east of Guinda Street into the existing Downtown Residential Preferential Parking (RPP) District; b) Conceptually approve additional adjacent neighborhoods for eligibility of annexation into the Downtown RPP district in the future, based on resident petition; c) Direct staff to return with a resolution (and ordinance if required) to implement the proposed boundary changes and parameters for Phase 2 of the Downtown RPP Program, scheduled to begin in March 2016, including: a. limiting employee permit sales to 2,000 permits annually within the proposed new Phase 2 boundary area and decreasing employee permit sales by 200 permits each year thereafter, so that after 10 years no employee permits will be available; b. modifying the existing RPP District to distribute employee permits using concentric ring zones around the Downtown core; d) Also direct staff to return with an analysis of program costs and revenues, along with necessary budgeting adjustments to implement desired boundary expansion, including new zones within the existing District, on-site customer service and physical permit sales. Executive Summary Since early 2015, Staff have been acting on the Council’s direction implementing Phase 1 of the new Downtown RPP District, including development and launch of a new online permit sales website and sales support, installation of signage in the new permit area and community outreach about the new program. City of Palo Alto Page 2 Permit sales began on August 15th, and on September 15, 2015, staff began issuing warnings to parkers in violation of the new Downtown RPP District. On October 13th, 2015, the City’s enforcement officers began issuing citations for the first time in the District. Staff have also been collecting parking occupancy data for the new District to gauge the impacts of the restrictions on neighborhood parking. As anticipated, in addition to the changing parking patterns within the District, areas immediately outside the RPP District began experiencing non-resident parking intrusion as soon as the RPP District went into effect. Staff have collected petitions from residents in these areas to inform a recommendation to expand the RPP District into areas additional neighborhoods. This staff report provides an update on the parking occupancy patterns of the neighborhoods, recommends annexation of affected areas and recommends the parameters of the Phase 2 program trial, including a cap on employee permits district-wide which would be reduced by 10% per year, and a method for ensuring that employee parking is disbursed to different areas throughout the district instead of being concentrated on streets immediately adjacent to the central core. Phase 2 of the RPP trial is planned for implementation in March of 2016. With the staff recommendation, staff would be directed to return to Council with a resolution (and an ordinance if needed) formally amending the district boundaries, establishing the parameters of the Phase 2 trial including zones and permit sales caps, and to provide an estimate of costs and revenues for the program, along with a proposal for any necessary budgeting adjustments. Background and Discussion In response to increasing concern that non-resident parking in residential neighborhoods was negatively impacting the quality of life, City Council directed staff in January 2014 to develop both a City-wide RPP ordinance to establish uniform procedures to implement RPP districts and a resolution to implement an RPP program in the first “priority” area of the City, the residential neighborhoods surrounding the Downtown core. A Downtown Stakeholder group began working with City staff in March 2014, tasked with developing a structure for the Downtown RPP program. Over the course of eight months and nine meetings, the stakeholders came to agreement on many of the characteristics of the program, including a phased implementation. In this approach, Phase 1 allowed employee permit sales to all employees and residents living and working within the Phase 1 geographic area (see Attachment A). The purpose of Phase 1 was primarily to collect data that would be used to fine-tune the program in future phases. It also began to regulate neighborhood parking to exclude Caltrain commuters and other non- resident, non-employee parkers. The following types of permits were available to residents and employees in the 6-months of Phase 1: City of Palo Alto Page 3 Resident Standard: Free of charge, up to 4 per residence Resident Visitor: $25, up to 2 per residence Resident Daily: $5 Employee Standard: $233 Employee Reduced: $50, available to those who qualify based on income Employee Daily: $5 Figure 1 shows the number of employee and resident permits sold as of the writing of this report – a total number of 6,693 permits, 4,551 of which were resident permits and 2,142 of which were employee permits. Figure 1. Number of RPP Phase 1 Permits Sold (as of November 9, 2015) Source: Planning Department, Transportation Division, November 2015. Permits were made available through an online permit sales website as of August 15th, and were required for parking on-street in the Downtown RPP district as of September 15th. Staff supported the sale of permit by responding to email and phone inquiries, conducting on-site help sessions at the Downtown Library, Avenidas Senior Center, and Channing House, and through customer service contract staff on-site at City Hall. Initial problems with the website caused staff to engage on-site technical support for members of the public wishing to obtain a permit in person at City Hall. User-interface issues with the website have been addressed, and staff will continue to refine the website over the course of Phase 2 and as additional feedback is gathered. However, staff recommends that on-site City of Palo Alto Page 4 support still be provided for the program. Data on Downtown Parking Occupancy and Distribution Staff has been collecting parking occupancy data within the Downtown neighborhoods and within the parking assessment district facilities since 2011. Following implementation of the Downtown RPP program, Staff have conducted parking occupancy counts (on and off-street) and, since implementation of the RPP District, RPP permit-specific distribution counts (parking distribution by employee and resident parkers). As staff anticipated, the overall number of vehicles parked in the Downtown RPP district has decreased since the RPP program began in September by approximately 300 to 400 vehicles, a number determined by calculating the number of vehicles parked at midnight subtracted from the average number of vehicles parked at noon. The Downtown North neighborhood is particularly less saturated, a result which may be attributed to not selling permits to employees of Stanford or Caltrain commuters. Attachment B shows parking occupancy data collected in the neighborhoods before and after the RPP District implementation, collected on October 22nd and November 5th. While overall parking occupancies have decreased, employees are still parking primarily on the streets nearest to the Downtown core and SOFA. Attachment C shows a map of the parking distribution of vehicles displaying employee permits, clearly identifying clusters of employee vehicles nearest to the employment centers. Garage Permit Sales In coordination with the implementation of the RPP program, Staff has made attempts to increase occupancies within the Downtown parking garages by raising permit caps (increasing the number of permits sold) and implementing new complimentary valet-assist parking services at the Lot S garage in addition to the existing Lot R program. The following summary shows the permit caps at all four garages before and after the RPP implementation on September 15th: Figure 2: Garage Permit Sales and Waitlist Update As of November 9, 2015 Lot S Lot R Lot CW Lot CC Total Current Number of vehicles on waitlist (fluctuates daily) 0 (9 permits available) 0 (7 permits available) 0 (62 permits available) 87 87 (78 permits available at other facilities) Valet? Yes Yes No No - Existing Permit Cap (Pre-RPP) 715 330 750 875 2,670 New Permit Cap (Post – RPP) 770 375 850 875 2,870 Number of Additional Permits Sold 55 45 100 0 200 Midday Garage Occupancies – 90% 96% 81% 77% - City of Palo Alto Page 5 Permit Spaces (%) Source: Planning Department, Transportation Division and Revenue Collections, November 2015. Prior to September, an average of 120 to 150 applications were received monthly for the garage waitlists. Following RPP implementation, staff noted receiving 250 to 300 waitlist requests per month, indicating that the implementation of the RPP program had begun to encourage parkers to use parking facilities rather than the neighborhoods. Staff have not implemented the valet-assist services at the Cowper Webster and Civic Center garages yet, as there are still permits available at garages S, R and CW and the Lot S valet is still underutilized. Additionally, as noted in Figure 2 above, permit spaces are not 100% utilized on average at all Downtown garages. Other Transportation Initiatives In conjunction with RPP implementation, the City is engaged in other transportation initiatives in support of the goal to reduce single occupancy vehicle use. This goal ties into local, regional, and statewide goals, including the draft Palo Alto Sustainability and Climate Action Plan, the Santa Clara Valley Congestion Management Plan, and the draft California State Transportation Plan 2040. Locally, Palo Alto is making strides to reduce the drive alone rate and thus the demand for parking through the development of the Palo Alto Transportation Management Assocation (TMA), improving the free Palo Alto Shuttle, and making rideshare programs available to commuters and residents. Stakeholder Involvement The primary objective of any Residential Preferential Parking program is to preserve neighborhood quality of life by ensuring adequate parking for residents. In Downtown Palo Alto, that goal is balanced by the need to provide some amount of street parking to be utilized by employees working in the Downtown core and SOFA districts. To this end, the Stakeholder committee, comprised of residents, business owners, and land owners of Downtown Palo Alto, remained active in the implementation of the Phase 1 portion of the RPP program and in the development of the Phase 2 structure. The Stakeholder group convened seven times since the Council direction to move forward to work towards Phase 1 implementation and Phase 2 design as of the writing of this report. Notably, the Stakeholders engaged in a workshop session at the October meeting to discuss the structure of the Phase 2 implementation. The group’s input led to the development of Phase 2 as contained in this report and their feedback established that, as a whole, Phase 1 of the RPP program was successful in reducing the number of vehicles parking in the Downtown residential neighborhoods, and that parking intrusion by non-residents was reduced to manageable levels on most streets. City of Palo Alto Page 6 Stakeholders were divided in their feedback on limiting employee permit sales as well as on how to distribute employee parking throughout the District in Phase 2. Some stakeholders felt that based on the data collected and activity noted in the neighborhoods, the number of employee permits need not be limited in Phase 2. If limited, at this meeting stakeholders felt that permits should be capped at 1,500 to 2,000 permits. For allocation of permits, stakeholders provided suggestions to create zones, allocate based on percentage by block, or assign by block face. Stakeholder feedback from this meeting is provided in Attachment D. Recommendation for Boundary Expansion The initial Downtown RPP district boundary was established by stakeholder input, resident surveys, and ultimately through Council direction. The existing district is bound by Alma Street, Palo Alto Avenue, Guinda Street, Bryant Street, and Lincoln Avenue. As anticipated, RPP implementation in the Downtown district resulted in parking spillover in adjacent neighborhoods, as some employees don’t wish to purchase permits. This primarily affected the portion of Crescent Park immediately east of the existing boundary, and the area of Professorville immediately south of the existing boundary. Staff received feedback from residents in these areas who were concerned about parking intrustion, and observed higher rates of parking following the implementation of the RPP program in those areas. Per Ordinance 5294, residents of any block may petition for annexation to a contiguous RPP district. As of the writing of this report, Staff have received petitions for annexation of the following blocks to the Downtown RPP district: Forest Avenue (800 block) Hamilton Avenue (800 and 900 blocks) Kingsley Avenue (300 block) Lincoln Avenue (500 block) Lytton Avenue (800 block) Seneca Street (400, 500 and 600 blocks) Waverley Street (1100, 1200 and 1300 blocks) Staff took the feedback from residents and qualitative assessment of the areas surrounding the existing Downtown RPP district into account to evaluate a recommendation for program expansion. While the most impacted streets contacted the City through the petition process, it is prudent to evaluate expansion of the program in a holistic manner as well, as simply annexing areas which are currently impacted could cause parking intrusion to extend to other areas as it has in the existing District. Staff evaluated the distance from Downtown employer locations to residential streets (see Attachment E) and analyzed this in relation to the parking occupancy patterns to determine where drivers may move if those streets were annexed to the existing district based on standard preferred walking distances. In doing so, and using a maximum walking distance of City of Palo Alto Page 7 1/2 mile, Staff recommends a two-pronged approach in expanding the boundary of the downtown RPP district: Staff recommends annexing the streets that have submitted petitions at this time; will conduct field reviews for signage installation and make permits available for residents on those streets. Staff recommends, based on where spillover may occur after boundary expansion, that additional areas indicated in Attachment F be approved for inclusion in the Downtown RPP district. The areas that are approved for inclusion may submit a petition in the future to be annexed into the Downtown RPP district with approval from the Director. If Council accepts this recommendation, staff will return with the necessary implementing amendments to the RPP Ordinance. Summary of Proposed Phase Two Program The design of the Phase 1 program gave Staff the ability to collect data in the Downtown residential neighborhoods, and the data collected during this phase proved valuable in developing Phase 2 recommendations. Feedback from the public on Phase 1 is gathered in Attachment G. Based on the constituent feedback and staff analysis, Phase 2 must meet four distinct objectives: 1. Disperse employee vehicles throughout the Downtown RPP district that are currently clustered near the Downtown core. 2. Determine whether and how to limit employee permit sales within the District. 3. Anticipate spillover to new areas due to streets joining the Downtown RPP district. 4. Provide an option for areas to petition and opt into the Downtown RPP district when necessary. To help address these objectives, Staff analyzed the total number of Downtown employee commuters and the availability of existing parking spots. Using data obtained from a survey of Downtown Palo Alto employees conducted by the Palo Alto TMA steering committee in May of 2015, staff estimates that approximately 5,500 of Downtown employees currently drive alone. If the TMA is successful at reducing single occupancy vehicle trips by 30% of the 2015 drive- alone rate by 2030 as envisioned by the City Council, staff calculated that the existing and planned public off-street parking spaces, in addition to existing off-street private garages, would be able to accommodate the demand for parking by 2030, although this assumes there would be little or no net employment growth downtown. Based on this assumption and analysis, Staff recommends reducing the number of on-street RPP permits available to employees to reflect the reduced on-street demand (based on a starting maximum of 2000), and ensuring any new development proposed with the Downtown RPP district be considered in light of potential impacts on downtown parking and the RPP program. Figure 3 shows that if City of Palo Alto Page 8 SOV demand is reduced by 30% by the year 2030, based on available supply there will be less demand than supply by 2023. To allow for some flexibility and for margin of error, staff recommends capping the total number of permits at 2000 for the new expanded Phase 2 area beginning in 2016, divide the permit sales up by zone, and reduce the number of permits sold year after year by 200 permits, so that by 2026, the City will sell no permits to employees within the RPP District. Figure 3. Parking Demand and Supply through 2030 Source: Planning Department, Transportation Division, November 2015. Distribution of Employee Permits throughout the RPP District Based on input from the stakeholder committee through the October 28 workshop session, staff have developed three options for Phase 2 implementation, summarized below in Figure 4 and in Attachment H. These options seek to address the first two objectives established above for Phase 2, namely the need to disperse employee parking throughout the Downtown RPP district and to establish whether and how to limit employee permit sales. In all scenarios, resident permits would be valid anywhere in the Downtown RPP district, and employee permits would be capped at a certain amount each year. Employees would be able to purchase these permits on a first come, first served basis for any program structure and the total number of employee permits available in all options would be reduced by approximately 10% annually. While some stakeholders wished to limit employee permit sales at the block level, staff do not support this recommendation due to the parking variances that exist on every block, including number of resident vehicles with permits, curb length, and number of residential addresses per block. Option 1: Concentric Zones City of Palo Alto Page 9 This option distributes the employee parking in zones that radiate from the locations of Downtown employers, assuming that employees will agree to walk a certain distance from their vehicle to the work. Zone A, the zone closest to the Downtown core, is envisioned as having employee permit sales limited to a number which would alleviate the higher employee parking occupancies which are currently high in this area. Many stakeholders preferred this option over the others, noting that it had the best probability of spreading the employee parking out over the geographic area. Option 2: Large Neighborhood Zones. This option divides the RPP District area into “neighborhood zones”, where familiar neighborhood areas are used as permit districts. This option was not popular among the stakeholders, who felt that it did nothing to address the issue of employee parking at the perimeter of the Downtown. Option 3: Microzones This option divides the neighborhoods into smaller zones of roughly the same area which could each be assigned a number of employee permits. Figure 4. Summary of Potential Employee Permit Distribution Methodologies Option 1: Concentric Zones Option 2: Large Neighborhood Zones Option 3: Microzones Structure Subdivided into three or more zones. These zones form concentric rings around the Downtown core and SOFA districts. Zones based on previously established neighborhoods (e.g. Crescent Park, Downtown South, etc.) Subdivided into multiple alphanumeric zones. The areas nearer to the Downtown core and SOFA will be smaller, and increase in size towards the outer limits of the Downtown district. Employee Permit Distribution Capped within each zone to maintain an average occupancy rate based on the total number of on-street parking spaces available in the area. Capped within each neighborhood based on percentage of total available on-street spaces and existing occupancy. Capped within each zone based on percentage of total available on-street spaces and existing occupancy. Pros Zone design can help to effectively Zones are easily defined based on Small zones allow for more precise City of Palo Alto Page 10 Option 1: Concentric Zones Option 2: Large Neighborhood Zones Option 3: Microzones manage vehicle distribution. A pricing structure may be implemented in this type of system where the price for employee permits is higher nearer to the Downtown core and SOFA, and decreases toward the outer zones. Easily expanded if other areas are added to the Downtown RPP district. neighborhood. Large zones are clear and more easily communicated. management of vehicle distribution. Easily adaptable to offer fewer employee spaces where more residential street parking is necessary. Cons Within each zone, commuters will likely continue to park in the streets nearest to Downtown, leading to inbalanced distribution. Introducing a pricing structure may encourage employees to park in Zone C. Some neighborhood boundaries are not clearly defined. Employees will continue to park in zones nearest to Downtown core. Large zones are more difficult to manage in terms of vehicle distribution. Management of permits and enforcement for many small zones is more difficult. Communication of a larger number of zones is less clear. Source: Planning Department, Transportation Division, November 2015. Recommendation for Phase 2 Based on data analysis, Stakeholder feedback, and mapping analysis, Staff recommends moving forward with Option 1: Concentric Zone approach. This approach is most nimble in maintaining an average vehicle occupancy rate that is responsive to the issue of employee crowding near Downtown, and offers the most adaptable strategy when adding additional areas to the Downtown RPP district. This recommendation is specific to downtown, and may not be trasnferrable to other/future districts. Staff recommends selling no more than 2000 employee permits which would be distributed City of Palo Alto Page 11 throughout the concentric ring zones; the number of permits sold within each zone would be identified when staff returns to Council with the revised ordinance and resolution. RPP Phase Two Implementation Implementation of Phase 1 revealed several areas where additional resources are necessary to ensure that Phase 2 operates smoothly. On-site Customer Service Support: The introduction of online-only permit sales resulted in significant obstacles in the implementation of Phase 1. Staff was inundated by email and phone requests for assistance, in addition to offering nearly 20 hours of individual assistance through on-site help sessions. Physical Permits: Phase 1 permits were primarily paper permits, with some physical hangtags for transferable guest and employee permits. Based on implementation of Phase 1, and feedback from the public and enforcement staff, Staff recommends allocating additional budget in Phase 2 to furnish physical permits (stickers, hangtags, or both) to address these concerns. Additional Enforcement: With new streets being annexed to the Downtown RPP district, and additional areas approved for future inclusion, Staff recommends that additional budget be approved for one enforcement officer to be added to existing staff. Staff intends to return in early 2016 with updated cost and revenue estimates, as well as a proposal for necessary budget adjustments. Other RPP Districts As of the writing of this report, Staff have received a petition from a portion of the Edgewood neighborhood requesting a new RPP district, and an inquiry from the Southgate neighborhood for a future petition. Petitions for new RPP districts will be reviewed after March 31, 2016 per Ordinance 5294. Resource Impact The implementation of Phase 2 of the Downtown RPP program will require additional resources beyond those that have been estimated previously. Staff expects to return in early 2016 with a resolution (and possibly an ordinance) to affect the programmatic proposals discussed in this staff report and would accompany these with an updated estimate of costs and revenues, as well as a Budget Amendment if/as needed. Policy Implications The implementation of Phase 2 of the Downtown RPP program is consistent with the three- pronged approach Staff have presented to optimize parking within the Downtown core. It is also consistent with the following Comprehensive Plan goals: 1. Goal T-8, Program T-49: Implement a comprehensive program of parking supply and demand management strategies for Downtown Palo Alto 2. Policy T-47: Protect residential areas from the parking impacts of nearby business City of Palo Alto Page 12 districts Environmental Review This evening’s staff report would provide conceptual approval for expansion of the RPP District downtown, however that change and other parameters of Phase 2 of the program discussed would be subject to approval of a formal resolution (and possibly an ordinance) at a later date. That resolution will address compliance with the California Environmental Quality Act (CEQA) Attachments: Attachment A: Existing RPP District Map (PDF) Attachment B: Parking Occupancy Data (PDF) Attachment C: Employee Permit Distribution (PDF) Attachment D: Stakeholder Feedback (PDF) Attachment E: RPP Boundary Analysis (PDF) Attachment F: Proposed RPP Boundary (PDF) Attachment G: Public Feedback (PDF) Attachment H: Proposed Phase 2 Structures (PDF) Attachment I: Correspondence (PDF) University Ave Lytton Ave Everett Ave Fu l t o n S t Gu i n d a S t Gu i n d a S t Se n e c a S t Mi d d l e f i e l d R d By r o n S t By r o n S t Wa v e r l y S t Wa v e r l y S t Ta s s o S t Ta s s o S t Fl o r e n c e By r o n S t We b s t e r S t Co w p e r S t Co w p e r S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Fu l t o n S t Mi d d l e f i e l d R d We b s t e r S t Br y a n t S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Ki p l i n g Ki p l i n g Hawthorne Ave Ruthven Ave Poe St Hamilton Ave Forest Ave Forest Ave Homer Ave Channing Ave Addison Ave Lincoln Ave Kingsley Ave Melville AveMelville Ave Kellogg AveKellogg Ave Churchill Ave Coleridge Ave B oyc e Ave A ddiso n Ave Lin c oln A v e Fife A v e C h a n n in g A v e P ark i n s o n A v e H o p ki n s A v e M elville A v e H arriet St P a l o A l t o A v e Al ma S t Al ma S t Embarc a d e r o Rd El Camino Real Downtown RPP District N SOFA DOWNTOWNCOMMERCIALDISTRICT Downtown RPP District Boundary includes the 300 and 400 blocks of Lincoln, but not the 500, 600, or 700 blocks. City of Palo Alto Downtown Parking Survey 8 AM ‐ 10 AM 62%33%65% 67%70% 24 % Pa l o Alt o Av 69%92%100%72%72%71%88% 73 % 89 % 88 % 11 % 4% 35 % 82% 13 3 % 10 0 % 88 %0% 75 % 43 % Emerson St Emerson 10 0 % 12 9 % 10 0 % 16 0 % 10 0 % 86 % 75 % 82 % 25 % 80 % 95 % 50 % 29 % 86 % 89 % 50 % 17 % 25 % 10 8 % 93 % 62 % 100%86% 60 % 38%45% 68 % 33 % 67 % 56 % 12 9 % 50 % 57 % 83 % 57 % 86 % 10 0 % 10 0 % 84 % 53 % 77% 24 % 13 % 92%92%80% Kipling 36% 10 0 % 43 % 67 % 24 % 40% Kipling St 82%91%92% 67 % 89 % 83 % 50 % 75 % 26 % 63 % 17 % 29 % 44 % 15% 0% 80%33% Ha w t h o r n e Av 58% Ev e r e t t Av 60% Ly t t o n Av 17 % 0%29 % 14 % 11 % 89 % 50 % 88 % 79 % 36%38% 20%13%43%Palo Alto Av Guinda Guinda 23% Ev e r e t t Av 21% Ly t t o n Av e 60% 77%46% Un i v e r s i t y Av 53% Ha m i l t o n Av 23%36%45%37% 11%56%85%42% 10/22/2015 0%0%17%38%33%0%29%33% 31% 25% 0%17 % 50 % 50 % 0%0%71 % 44 % 13 % 39 % 67 % 12 0 % 72 % 69 % 43 % 0%13 % 13 % 13 % 12 5 % 63 % 14% 38 % 57 % 44 % 29 % 25%50%20%42% 10 % Pa l o Alt o A 12 5 % 60 % 17%29% 17%17% Fulton 29%80%33%91%25% Fulton St 25% 0% Middlefield Av Middlefield Middlefield 40 % Fo r e s t Ho m e r Ch a n n i n g 14% Ad d i s o n 23% Lin c o l n 7% Kin g s l e y 38% Pa l o Alt o Av Byron St Byron 0% 6%60%77%8%8% 44 % 23%29%73%23%8%24%38%56% Ke l l o g g 45% 45 % 65 % 10 0 % 0%69 % 68 % 40 % 25 % 43 % 67 % 14 % 33 % 25 % 31% 29 % 11 % 11 %0%43 % 88 % 10 0 % 43 % 29 % 22 %0%0%43 % 13 % 32% Webster St Webster Webster Webster 21%40%93%80%91%100%57%94%56% 38% 38%54%17%50% 0%0%11 % 13 % 11 % 28 % 61 % 67 % 10 0 % Un i v e r s i t y Av 0%30%69%33% 33%11% Me l v i l l e 75%100%11% 56 % 71 % 12 0 % 91 % 64 % 85 % 56 % 75 % 94 % 71 % 33%50%100%92% Ha m i l t o n Av 100%0% 27% Tasso St Tasso 20%8%0%15%0% 29%10%67%100%70%67%41%88%47%63%20%36% 14 % 17 % 29 % 0%67 % 82 % 63 % 13 % 33 % 70 % 41 % 40 % 22 % 33 % 25 % 22 % 75% 15 % Cowper St Cowper Cowper Cowper Ru t h v e n Av 29%50%73%100%108%36%31%88%43%93%29%61%7%8% 25 % 27 % 16 % 94%85%115%80%54%85%23%29%27%69% 10 0 % 93 % 63 % 33 % 50 % 39 % 56 % 18 % 18 % 18%0% Waverley St Waverley Waverley0% 0% 41%150%89%91%80%47%40%140%47%8%31%59%5%0% 35 % 68 % 94 % 76 % 54 % 25 % 43 % 22 % 24 % 80 % 82 % 67 % 25 %Pa l o Alt o Av 45% Po e St 31 % 13 % 58 % 86%55% 38% 67 % 10 0 % 56 % 10 0 % 44 % 20%50%100%100%100%80%80%88%75%88%33%42% Bryant St Bryant 32% Ha w t h o r n e Av 79% Ev e r e t t Av 110% Ly t t o n Av 100% Un i v e r s i t y Av 50% Ha m i l t o n Av 125% Fo r e s t Av 67% Ho m e r Av 80% Ch a n n i n g Av 71%56%47% Kin g s l e y 33% 61 % 50 % 12 0 % 63 % 50 % 67 % 86 % 82 % 25 % 67 % 57 % 60 % 30 % 44%92%100%38%60%64%83%31% Ramona St Ramona 75%50%81%25%47%100%80%67% 22 % 40 % Ad d i s o n 73% 20 % 88%100%100%71%38%86%100%58%38%67%23% Lin c o l n 33% 67 % 10 0 % 11 1 % 29 % 50 % 91 % 67 % 86 % 64%Legend 50 % 10 0 % 88 % 57 % 63 % 60 % 88 % 20 % 10 0 % 50 % 50 % 60 % 10 0 % 50 % 83 % 83 % 75 % 25 % 88 % 50 % 50 %0% ‐ 49% Parking Occupancy 100%77%54%30%85%82%56%67%92%60%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy108%120%75%23%79%117% 45% 38 % 0% 75 %0% 50 % 63 % 10 0 % 10 0 % 80 % 50 % 88 % 44 % Alma St Alma52% 24 % Pa l o Alt o Av 13 3 % 10 0 % 88 %0% 75 % 43 % 50 % 10 0 % 38 % 0% 44%36%67%29%56%78%21%15%0% 75 %0% 50 % 63 % 10 0 % 10 0 % 80 % 50 % 88 % 44 % City of Palo Alto Downtown Parking Survey 12 PM ‐ 2 PM 92%117%82% 80%50% 24 % Pa l o Alt o Av 94%108%108%72%100%100%94% 91 % 78 %0%56 % 4% 24 % 91% 10 0 % 11 3 % 10 0 % 20 0 % 75 % 10 0 % Emerson St Emerson 10 0 % 12 9 % 10 0 % 14 0 % 11 3 % 0% 10 0 % 82 % 50 % 50 % 10 0 % 81 % 12 9 % 10 0 % 95 % 10 0 % 50 % 38 % 10 0 % 60 % 67 % 111%100% 25 % 38%82% 42 % 67 % 10 0 % 56 % 12 9 % 63 % 57 % 10 0 % 10 0 % 10 0 % 10 0 % 95 % 79 % 79 % 92% 12 % 80 % 100%67%80% Kipling 29% 10 0 % 0%33 % 48 % 53% Kipling St 82%100%69% 33 % 10 0 % 10 0 % 67 % 10 0 % 43 % 38 % 10 0 % 10 0 % 56 % 0% 0% 80%56% Ha w t h o r n e Av 58% Ev e r e t t Av 80% Ly t t o n Av 33 %0%14 % 14 % 22 % 10 0 % 0% 88 % 57 % 0%100% 10%6%0% Palo Alto Av Guinda Guinda 0% Ev e r e t t Av 50% Ly t t o n Av e 70% 31%54% Un i v e r s i t y Av 67% Ha m i l t o n Av 23%45%36%21% 0%63%31%50% 10/22/2015 100%0%0%23%60%17%36%25% 54% 50% 0%50 % 50 % 33 % 14 %0% 10 0 % 33 % 13 % 28 % 53 % 10 0 % 50 % 10 8 % 57 % 10 0 % 0%0%50 % 15 0 % 63 % 50% 10 0 % 0%0%57 % 25%20%20%0% 5% Pa l o Al t o A 50 % 80 % 17%0% 33%0% Fulton 100%50%17%100%0% Fulton St 25% 50% Middlefield Av Middlefield Middlefield 20 % Fo r e s t Ho m e r Ch a n n i n g 7% Ad d i s o n 15% Lin c o l n 0% Kin g s l e y 8% Pa l o Alt o Av Byron St Byron 9% 6%47%92%108%92% 10 0 % 46%36%53%77%54%59%31%0% Ke l l o g g 69% 45 % 65 % 60 %0%50 % 68 %0% 88 % 43 % 10 0 % 71 % 67 % 25 % 12% 29 % 11 % 11 %0%29 % 63 % 14 4 % 0%71 % 10 0 % 30 % 67 % 71 %0% 42%Webster St Webster Webster Webster14%40%93%70%18%50%64%100%31% 31% 63%62%78%25% 0%0% 33 % 13 % 22 % 44 % 67 % 10 0 % 10 6 % Un i v e r s i t y Av 0%40%85%80% 100%28% Me l v i l l e 88%100%74% 67 % 76 % 10 0 % 82 % 71 % 69 % 69 % 75 % 59 % 94 % 60%63%100%46% Ha m i l t o n Av 0%0% 55% Tasso St Tasso 20%8%0%100%92% 29%0%50%100%60%42%41%71%47%74%20%64% 14 % 33 % 57 % 13 % 10 0 % 10 0 % 0%75 % 33 % 25 % 35 % 50 % 94 % 33 % 75 % 33 % 100% 19 % Cowper St Cowper Cowper Cowper Ru t h v e n Av 29%50%91%93%108%73%85%112%50%64%35%100%0%67% 13 % 80 % 10 5 % 78%85%92%87%92%69%23%50%13%88% 10 0 % 10 7 % 50 % 56 % 50 % 61 % 89 %6% 73 % 47%83% Waverley St Waverley Waverley50% 4% 29%100%100%64%87%100%60%120%53%42%19%100%21%67% 24 % 53 % 83 % 71 % 92 % 25 % 38 % 33 % 38 % 75 %0% 89 % 19 %Pa l o Alt o Av 100% Po e St 38 % 33 % 47 % 100%45% 38% 89 % 10 0 % 10 0 % 89 % 44 % 100%45%125%63%100%80%100%94%94%56%13%25% Bryant St Bryant 27% Ha w t h o r n e Av 93% Ev e r e t t Av 100% Ly t t o n Av 100% Un i v e r s i t y Av 63% Ha m i l t o n Av 0% Fo r e s t Av 87% Ho m e r Av 93% Ch a n n i n g Av 79%56%26% Kin g s l e y 33% 89 % 33 % 12 0 % 88 % 40 % 10 0 % 10 0 % 82 % 50 % 67 % 57 % 40 % 30 %61%100%93%88%40%100%50%25% Ramona St Ramona75%113%69%83%53%93%107%92% 78 % 50 % Ad d i s o n 60% 20 % 81%85%100%50%88%100%107%117%63%83%38% Lin c o l n 40% 33 % 10 0 % 89 % 57 % 10 0 % 82 % 44 % 86 % 50%Legend 50 % 10 0 % 75 % 10 0 % 88 % 30 % 10 0 % 40 % 11 0 % 38 % 63 % 90 % 88 % 83 % 10 0 % 10 0 % 10 0 % 50 % 88 % 40 % 75 %0% ‐ 49% Parking Occupancy 100%92%54%0%85%100%69%78%117%50%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy100%100%50%15%64%125% 36% 63 % 44%25 % 50 % 67 % 75 % 88 % 88 % 10 0 % 88 % 75 % 67 % Alma St Alma39% 24 % Pa l o Alt o Av 10 0 % 11 3 % 10 0 % 20 0 % 75 % 10 0 % 50 % 10 0 % 63 % 44% 63%0%100%57%50%44%43%100%42% 25 % 50 % 67 % 75 % 88 % 88 % 10 0 % 88 % 75 % 67 % City of Palo Alto Downtown Parking Survey 8 AM ‐ 10 AM 36% 88 % 67%50 % 25 % 50 % 75 % 10 0 % 10 0 % 80 % 50 %0%67 % 63 %0% ‐ 49% Parking Occupancy 100%69%31%10%38%88%75%100%83%40%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy100%120%63%23%36%108% 44 % 10 0 % 36%Legend 56 % 10 0 % 10 0 % 86 % 88 % 40 % 50 % 10 % 30 % 50 % 50 % 80 % 10 0 % 10 0 % 67 % 10 0 % 10 0 % 38 % 50 % 40 % 78 % 10 % Ad d i s o n 53% 60 % 94%85%115%64%88%93%57%42%50%61%15% Lin c o l n 27% 78 % 83 % 10 0 % 57 % 25 % 36 % 19% Ramona St Ramona 75%100%94%75%35%100%93%100% 50%26% Kin g s l e y 33% 61 % 17 % 10 0 % 63 % 70 % 50 % 14 % 82 % 50 % 33 % 57 % 80 % 50 %39%92%79%88%100%79%44% 75%94%50%33%25% Bryant St Bryant 41% Ha w t h o r n e Av 86% Ev e r e t t Av 110% Ly t t o n Av 82% Un i v e r s i t y Av 13% Ha m i l t o n Av 75% Fo r e s t Av 67% Ho m e r Av 67% Ch a n n i n g Av 71% 25 %Pa l o Alt o Av 45% Po e St 15 %0% 63 % 100%45% 38% 44 % 27 % 67 % 89 % 56 % 20%60%100%100%91%100%75% 88 % 10 0 % 38 % 33 % 22 % 43 % 70 % 73 % 56 % 41%17% Waverley St Waverley Waverley0% 4% 29%150%78%64%73%65%70%110%60%58%13%47%53%0% 35 % 63 % 78 % 11 % 89%85%108%93%46%69%31%36%20%31% 12 0 % 93 % 56 % 56 % 10 0 % 28 % 44 % 12 % 18 % 25 % 43 % 10 0 % 29 % 71 % 71 % 84 % 68 % 58 % 50% 8% Cowper St Cowper Cowper Cowper Ru t h v e n Av 14%25%73%93%100%45%31%82%29%86%24%44%7%17% 25 % 27 % 14 % 17 % 29 % 63 % 83 % 45 % 50 %0%33 % 65 % 41 % 35 % 11 % 22 %0%11 % 92% Ha m i l t o n Av 33%86% 45% Tasso St Tasso 0%0%0%31%17% 50%30%50%85%50%42%18%59%73%21%0%29% 5% 33 % 71 % 12 0 % 64 % 57 % 77 % 94 % 67 % 10 0 % 71 % 38% 56%23%11%31% 14 %0%11 % 25 % 11 % 28 % 61 % 11 % 29 % Un i v e r s i t y Av 0%30%54%20% 53%6% Me l v i l l e 50%86% 42% Webster St Webster Webster Webster 7%20%73%90%82%14%0%94%63% 46% 29 % 0%11 % 14 % 57 % 75 % 10 0 % 29 % 43 % 11 % 0%0%43 % 13 % 44 % 15%21%67%77%15%24%38%56% Ke l l o g g 52% 70 % 0%67 % 0%75 % 79 % 15 % 13 % 29 % 56 % 29 % 11 % 38 % 29% Middlefield Av Middlefield Middlefield 0% Fo r e s t Ho m e r Ch a n n i n g 43% Ad d i s o n 38% Lin c o l n 13% Kin g s l e y 31% Pa l o Alt o Av Byron St Byron 18 % 12%13%69%0%15% 12 5 % 75 % 63 % 63 % 43 % 44 % 29 % 25%50%20%17% 5% Pa l o Alt o A 17 5 % 10 0 % 50%29% 17%33% Fulton 25%70%58%127%69%46%42%54% 25% 17 % 33 % 50 % 50 %0%0%71 % 44 %0% 39 % 87 % 12 0 % 61 % 77 % 71 % 14 %0%13 % 13 % 67%50%29% Fulton St 11/5/2015 0%0%33%54%47%67%7%25%30%19%43% Palo Alto Av Guinda Guinda 27% Ev e r e t t Av 21% Ly t t o n Av e 70% Un i v e r s i t y Av 67% Ha m i l t o n Av 8%27%18%26% 28%69%31% 26 % 57 % 44 % 31% 0% 20%22% Ha w t h o r n e Av 58% Ev e r e t t Av 87% Ly t t o n Av 33 % 14 % 43 %0%11 % 67 % 10 0 % 10 0 % 10 0 % 36%38% 92%67%50% 92% 18 % 27 % 100%92%80% Kipling 43% 10 0 % 57 % 67 % 33 % 40% Kipling St 88%100%100% 56 % 78 % 10 0 % 50 % 25 % 26 % 30 % 50%45% 42 % 53 % 83 % 67 % 10 0 % 40 % 74 % 69 % 14 % 86 % 63 % 20 % 33 % 38 % 10 8 % 53 % 71 % 50%93% 91 % 89 % 63 % 67 % 4% 35 % 73% 13 3 % 11 3 % 10 0 % 10 0 % 25 % 86 % Emerson St Emerson 10 0 % 10 0 % 63 % 14 0 % 88 % 86 % 88 % 82 % 50 % 46%50%71% 80%40% 44 % Pa l o Alt o Av 63%92%100%89%83%100%76% 88 % 67% 50%79%78%0%69%100%14%23%8% 50 % 25 % 50 % 75 % 10 0 % 10 0 % 80 % 50 %0%67 % 56 % 10 0 % 13 3 % 11 3 % 10 0 % 10 0 % 25 % 86 % Alma St Alma30% 44 % Pa l o Alt o Av City of Palo Alto Downtown Parking Survey 12 PM ‐ 2 PM Data north of Lytton collected 10/22 45% 75 % 67% 75 % 10 0 % 83 % 38 % 88 % 10 0 % 60 % 50 % 88 % 67 % 50 %0% ‐ 49% Parking Occupancy 60%31%77%50%92%100%100%100%100%40%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy67%60%63%38%50%100% 56 % 71 % 29%Legend 0% 10 8 % 0% 10 0 % 63 % 30 % 75 % 50 % 11 0 % 63 % 63 % 70 % 11 3 % 67 % 83 % 67 % 15 0 % 38 %0%40 % 44 % 40 % Ad d i s o n 47% 12 0 % 19%69%92%71%94%93%100%108%63%72%15% Li n c o l n 40% 67 % 10 0 % 67 % 57 % 63 % 10 0 % 25% Ramona St Ramona83%50%94%83%35%100%107%100% 63%21% Kin g s l e y 25% 56 % 17 % 10 0 % 10 0 % 40 % 67 % 57 % 10 0 % 50 % 11 % 71 % 40 % 80 % 11%46%86%94%60%50%56% 100%106%50%40%33% Bryant St Bryant 68% Ha w t h o r n e Av 57% Ev e r e t t Av 20% Ly t t o n Av 136% Un i v e r s i t y Av 69% Ha m i l t o n Av 100% Fo r e s t Av 80% Ho m e r Av 87% Ch a n n i n g Av 79% 0%Pa l o Alt o Av 100% Po e St 69 % 27 % 26 % 100%45% 50% 44 % 10 0 % 67 % 89 % 22 % 100%50%125%63%91%80%40% 10 0 % 10 8 % 63 % 38 % 11 % 43 %0%0% 0% 0%0% Waverley St Waverley Waverley50% 77 % 71%25%100%55%80%100%70%120%53%25%31%0%0%0% 12 % 21 % 72 % 0% 83%62%108%87%85%92%62%43%13%0% 11 0 % 10 0 % 63 % 67 % 10 0 % 33 % 50 % 12 % 14 % 0%86 % 13 3 % 10 0 % 71 % 10 0 % 95 % 58 % 79 % 0% 19 % Cowper St Cowper Cowper Cowper Ru t h v e n Av 0%75%18%0%100%73%62%82%64%93%29%0%0%0% 0% 80 % 0% 33 % 57 % 50 % 67 % 10 0 % 0%0%0% 0%0%0%0% 0%0%0% 85% Ha m i l t o n Av 67%0% 0% Tasso St Tasso 20%54%0%0%0% 21%50%67%0%130%8%29%82%53%0%0%0% 0% 28 % 10 0 % 13 0 % 91 % 36 % 69 % 81 % 67 % 76 %0% 25% 69%0%0%0% 0%0%33 % 25 % 0%94 % 33 % 67 % 53 % Un i v e r s i t y Av 0%20%0%0% 0%0% Me l v i l l e 0%86% 0% Webster St Webster Webster Webster 100%0%53%60%64%29%0%81%25% 0% 10 0 % 10 0 % 0%0%57 % 75 % 78 %0%0%0%0%0%0%0% 0% 0%100%93%85%0%0%0%0% Ke l l o g g 0% 80 %0%73 %0%69 % 89 %0% 0%0%0%0%0%0% 0% Middlefield Av Middlefield Middlefield 40 % Fo r e s t Ho m e r Ch a n n i n g 29% Ad d i s o n 15% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 27 % 100%0%54%77%0% 25 % 11 3 % 63 % 0%0%0%0% 25%40%20%0% 5% Pa l o Alt o A 50 % 40 % 42%0% 17%0% Fulton 100%50%58%91%62%31%0%0% 0% 0%50 % 50 % 33 % 29 % 0%57 % 33 % 0% 44 % 80 % 11 0 % 50 % 62 % 86 % 0%0%0%0% 50%17%0%Fulton St 11/5/2015 2%0%0%54%53%17%29%17%40%6%0%Palo Alto Av Guinda Guinda 0% Ev e r e t t Av 50% Ly t t o n Av e 70% Un i v e r s i t y Av 73% Ha m i l t o n Av 23%200%18%26% 0%56%38% 10 0 % 10 0 % 56 % 0% 24 % 0%33% Ha w t h o r n e Av 100% Ev e r e t t Av 100% Ly t t o n Av 0%0% 10 0 % 10 0 % 10 0 % 67 % 10 0 % 63 % 79 % 0%0% 92%53%69% 77% 0%0% 50%75%40% Kipling 71% 10 0 % 10 0 % 67 % 0% 100% Kipling St 71%18%100% 10 0 % 33 % 10 0 % 67 % 10 0 % 43 % 20 % 100%82% 37 % 20 % 67 % 56 % 11 4 % 70 % 89 % 81 % 57 % 10 0 % 89 % 90 % 67 % 75 % 10 0 % 93 % 90 % 83%86% 91 % 89 % 50 % 56 % 10 0 % 12 % 73% 10 0 % 63 % 25 % 20 0 % 10 0 % 10 0 % Emerson St Emerson 10 0 % 11 4 % 88 % 14 0 % 10 0 % 11 4 % 10 0 % 10 0 % 50 % 92%75%82% 100%70% 20 % Pa l o Alt o Av 75%17%15%83%100%79%88% 75 % 67% 100%0%100%43%81%89%79%69%42% 75 % 10 0 % 83 % 38 % 88 % 10 0 % 60 % 50 % 88 % 67 % 0% 10 8 % 10 0 % 63 % 25 % 20 0 % 10 0 % 10 0 % Alma St Alma109% 20 % Pa l o Alt o Av City of Palo Alto Downtown Parking Survey Employee Permit Distribution # #58%47% 0%0% 4% Pa l o Alt o Av 13%42%54%0%0%7% 73 % 44 %0% 22 % 4% 6% 27% 0% 63 % 25 % 20 0 % 0% 29 % Emerson St Emerson 0%0%40 % 38 %0%50 %0%0% 15% 0% 58 % 25 % 0%0% 0%0% 0%0% 8%40 % 33 % 11%64% 0% 13%18% 5%0% 0%0%0% 0%14 % 33 %0%0%0% 0%0%0% 8% 0%0% 58%0%0% Kipling 0% 0%0%0% 0% 33% Kipling St 29%36%0% 11 % 56 % 67 % 67 %0% 30 % 13 % 22 % 29 % 11 % 0% 0% 0%0% Ha w t h o r n e Av 0% Ev e r e t t Av 20% Ly t t o n Av 0%0%0%0%0% 0% 0% 50 % 14 % 0%0% 0%0%0%Palo Alto Av Guinda Guinda 35% Ev e r e t t Av 0% Ly t t o n Av e 60% 0%0% Un i v e r s i t y Av 7% Ha m i l t o n Av 0%0%0%0% 33%19%8%0% 10/22/2015 0%0%0%0%0%0%7%8% 38% 0% 50 % 33 % 0%50 % 14 % 0%57 % 11 % 0% 11 %7%20 %6%38 %0% 0%0%0%0% 50 % 25 % 0% 38 % 29 % 33 % 29 % 25%10%0%33% 10 % Pa l o Alt o A 0%80 % 0%0% 0%0% Fulton 33%0%33%0%25% Fulton St 42% 0% Middlefield Av Middlefield Middlefield 0% Fo r e s t Ho m e r Ch a n n i n g 0% Ad d i s o n 15% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 0% 0%0%8%69%0% 0% 0%0%0%46%0%0%0%0% Ke l l o g g 0% 15 % 24 % 27 %0%13 % 37 %0% 0%0%0%0%0%0% 0% 0%0%0%0%0%0%0%0%0%0%0%0%0%0% 0% Webster St Webster Webster Webster 0%0%40%10%0%29%0%25%13% 0% 6%0%0%0% 0%0%11 %0% #D I V / 0 ! 17 %6% 0% 0% Un i v e r s i t y Av 0%0%8%0% 0%0% Me l v i l l e 0%0%0% 0%0%60 % 36 %0%46 % 19 % 42 %0%0% 0%0%77%0% Ha m i l t o n Av 0%0% 0% Tasso St Tasso 0%0%0%38%8% 0%0%8%54%0%0%0%29%0%0%0%36% 0%0%14 % 0%0%0%63 % 0%22 % 0%0%0%0% 0%0%0% 50% 0% Cowper St Cowper Cowper Cowper Ru t h v e n Av 0%13%18%43%0%0%0%71%0%0%0%0%0%0% 0% 33 %0% 72%54%8%0%0%15%0%7%0%0% 60 % 40 % 19 % 0%0% 6%0%0%0% 0%0% Waverley St Waverley Waverley0% 0% 18%50%44%55%0%6%0%30%13%0%0%0%0%0% 6%5%28 % 29 % 31 % 0% 24 %0%0%0%0% 0%0%Pa l o Alt o Av 45% Po e St 0%0% 21 % 0%0% 0% 0%0%0%44 % 11 % 0%25%25%25%73%0%0%44%56%6%0%0% Bryant St Bryant 5% Ha w t h o r n e Av 36% Ev e r e t t Av 90% Ly t t o n Av 9% Un i v e r s i t y Av 0% Ha m i l t o n Av 0% Fo r e s t Av 33% Ho m e r Av 67% Ch a n n i n g Av 29%6%0% Kin g s l e y 0% 6% 0% 20 % 50 % 60 %0%0%0%0%0% 14 %0% 0%0%38%0%0%0%50%6%0% Ramona St Ramona 0%25%0%0%0%60%53%33% 10 % Ad d i s o n 13% 0% 19%23%77%0%0%7%0%6%28%15% Lin c o l n 0% 0%50 % 67 % 57 %0%0%0%0% 7%Legend 13 % 23 % 25 % 43 % 13 % 90 % 13 %0%0%0%0%0%0%0%0%0%38 % 63 % 20 % 33 % 13 %0% ‐ 25% Parking Occupancy 80%38% 8% 0% 0% 0% 11%50%0%25% ‐ 50% Parking OccupancyHigh St High 50%+ Parking Occupancy33%60%0% 0% 0% 9% 13 % 11%0%0%0%0%0%0%0%0%0% 44 % Alma St Alma13% 4% Pa l o Alt o Av 0% 63 % 25 % 20 0 % 0% 29 % 13 % 23 % 13 % 11% 25%36%56%0%0%0%0%0%17% 0%0%0%0%0%0%0%0%0% 44 % City of Palo Alto Downtown Parking Survey Employee Permit Distribution # # 44 %0%0%0%0%0%0%0%0%0% 0% 50 %0% ‐ 25% Parking Occupancy 0%0%0%0%0%0%11%17%0%25% ‐ 50% Parking OccupancyHigh St High 50%+ Parking Occupancy0%0%0%0%0% 7%Legend 0%0% 0%0%0%0%0%0%0%0%0%10 %0%0%0%0%0%0%10 % 9% 13 % 11% 50% 10 % Ad d i s o n 7% 0% 0%0%0%0%0%0%0%6%33%0% Lin c o l n 0% 0%0%0%0%0%0%0%0% 0% Ramona St Ramona 0%0%0%0%0%47%40%58% 6%0% Kin g s l e y 0% 0% 0%0%0%0%0%0%0%0%0%0%0% 0%0%0%0%0%0%43%6% 63%69%6%0%0% Bryant St Bryant 0% Ha w t h o r n e Av 0% Ev e r e t t Av 0% Ly t t o n Av 0% Un i v e r s i t y Av 0% Ha m i l t o n Av 0% Fo r e s t Av 33% Ho m e r Av 47% Ch a n n i n g Av 21% 0%Pa l o Alt o Av 0% Po e St 0%0% 0%0%0% 0% 0%0%0%67 %0% 0%0%0%0%0%0%0% 53 % 31 % 0% 24 %0%0%0%0% 0% 0%0% Waverley St Waverley Waverley0% 0% 0%0%0%0%0%0%0%10%13%0%0%0%0%0% 0%0%0% 0% 0%0%0%0%0%23%8%0%0%0% 80 % 33 % 13 % 0%0% 0%0%0%0% 0% 0% Cowper St Cowper Cowper Cowper Ru t h v e n Av 0%0%0%0%0%0%0%53%7%7%0%0%0%0% 0%0% 0%0%0%0%0%0%0%0%0% 0%0%0%0% 0%0%0% 46% Ha m i l t o n Av 17%0% 0% Tasso St Tasso 0%0%0%0%0% 0%0%0%0%0%0%0%53%0%0%0%0% 0% 0%18 % 40 % 27 %7%38 % 50 % 42 %0%0% 7%6%38% 0% 13%0%0%0% 0%0%0%0% #D I V / 0 ! 0%0% 0% 0% Un i v e r s i t y Av 0%0%0%0% 0%0% Me l v i l l e 0%14% 0% Webster St Webster Webster Webster 0%0%0%0%0%14%0%44%19% 0% 0%0%0%0%0%0%56 %0%0%0%0%0%0%0% 0% 0%0%0%46%0%0%0%0% Ke l l o g g 0% 25 %0%33 %0%19 % 37 %0% 0%0%0%0%0%0% 0% Middlefield Av Middlefield Middlefield 0% Fo r e s t Ho m e r Ch a n n i n g 7% Ad d i s o n 0% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 0% 0%0%0%38%0% 0%0%0%0% 0%0%13%0% 0% Pa l o Alt o A 0%20 % 0%0% 0%0% Fulton 0%0%17%27%0% Fulton St 0% 0% 0% 0%0%0%33 % 0%0%43 % 22 % 0% 11 % 27 % 50 % 11 % 23 %0% 0%0%0%0% 50 % 50 % 0% 11/5/2015 0%0%0%0%0%17%0%0%0%0%0%Palo Alto Av Guinda Guinda 0% Ev e r e t t Av 0% Ly t t o n Av e 0% 23%0% Un i v e r s i t y Av 7% Ha m i l t o n Av 8%0%0%0% 0%13%23%0% 38 % 0%0%0% 0% 0% 0%0% Ha w t h o r n e Av 0% Ev e r e t t Av 0% Ly t t o n Av 0%0%0%0%0% 0% 10 0 % 13 % 29 % 0%0% 0% 0%0% 0%0%0% Kipling 7% 0%0%17 % 0% 0% Kipling St 0%0%0% 0%0%0%0%0% 0%0% 0%0% 0%0% 0% 11 %0% 0%0%0%0%0%0% 0%0%0% 0% 0%0% 0%0% 0%0% 0%0% 17 % 20 % 57 % 0%50% 73 % 67 % 38 % 44 % 0% 0% 55% 0%0%0%0%0% 14 % Emerson St Emerson 0%0%40 % 50 % 11 4 % 63 %0%0% 0%47% 0%0% 0% Pa l o Alt o Av 0%0%0%0%0%7% 44 %0%0%0%0%0%0%0%0%0% 0%0% 13 % 11%0%0%0%0%0% 14 % Alma St Alma0% 0% Pa l o Alt o Av 0%0%0%0%0%0%0%0%17% From:John Guislin To:Atkinson, Sue-Ellen; Sullivan, Jessica Subject:Notes from Group 1 Date:Wednesday, October 28, 2015 4:55:17 PM Attachments:Permit Parking Allocation Model V1.pdf Sue-Ellen: Group 1 Ideas: 1. No limit to the number of permits is needed at this time but on-going monitoring of the parking saturation is needed. This assumes an effective allocation model - see #2. 2. Parking spaces could be allocated on a block face basis by having two block types: 1. one type of block face is for resident RPP permits only 2. the other type of block face is available to any RPP permit holderThis model gives us flexibility to look at special status blocks, i.e. around Johnson park. There, perhaps all 4 block faces should be resident only.See attached PDF for an illustration. 3. Permit limits - Same as number 1 above - not needed at this time. We did discuss that if there should be a limit by permit type (low wage versus standard commercial, perhaps 50% should be reserved for low wage workers.) 4. What one process should be changed? The on-line purchase program was horrible and the communications around it were also week. Next time, use a test group for an application and do not launch until it is ready for prime time. Permit Parking Allocation Model Allocate permit parking by block face, alternating blocks to reach selected distribution model. Goal: preserve X% of spaces for residentsDesignation added to existing signage Resident Permit Parking Only Any Permit Parking From:Elaine UangTo:Atkinson, Sue-Ellen; Sullivan, JessicaCc:wgriffin@palantir.com; Richard Brand; Gabrielle LaytonSubject:RPP Group #2 MeetingDate:Wednesday, October 28, 2015 4:22:40 PMAttachments:ATT00001.txt Sue-Ellen and Jessica,Here's a quick photo of our notes. From:Michael Hodos To:Atkinson, Sue-Ellen Cc:Sullivan, Jessica; Neilson Buchanan; Sue Subject:RPP Stakeholder Workshop Assignment - Group 3 Suggested Strategies Date:Sunday, November 01, 2015 10:06:03 PM Sue-Ellen: Appended below is my recollection of the strategies our group presented Wednesday afternoon. Our input is in bold italics. Regrettably, while we thought we had a consensus when we made our group's presentation at the close of the meeting, Sue Nightingale subsequently decided to send you her own responses to the questions we were assigned to discuss. If you have any questions about our responses please let us know. Thanks! Michael mehodos@mac.com ————————————— As a group, decide on one strategy for RPP Phase 2 permit distribution. To consider: • Based on the permit sales data that we know, and the parking distribution, does the total number of employee permits need to be limited? Yes! There should be a fixed ceiling on the number on downtown employee parking spaces allocated in the RPP district. • How should the employee parking be distributed throughout the existing District and new annexed areas? Downtown employee parking should be distributed uniformly over the entire RPP district as a percentage of the cars on each street face. • If employee permits are limited in quantity, how are they limited? - Overall quantity: lottery or first come first served? - By employer/employer size - Geographically The algorithm(s) used to ensure the equitable distribution of employee permits should be the responsibility of the business community. The only stipulation should be that the system eventually implemented should afford the smaller retail businesses the same opportunity to acquire permits for their employees as the larger corporations. • As a group, decide on and present one single impactful change that could be made to improve RPP program moving into Phase 2. Can be procedural, support program, communications/marketing. Work together to agree on the most pressing change that needs to occur. The single most impactful change would be to allocate additional Planning and Communuity Environment department resources to the RPP rollout and subsequent management. The second most impactful change would be to greatly improve communication regarding the program to both the residential and business communities. From:Sue at Watercourse Way To:Atkinson, Sue-Ellen Subject:This stakeholder"s feedback Date:Monday, November 02, 2015 1:03:17 PM Hi Sue-Ellen, I think that charging for parking on residential streets is working. Just as limiting parking only to residents and employees who work downtown is having an impact. North of Lytton does seem to still have some congestion but that seems fixable with more enforcement. It has only been 3 weeks and based on what Jessica said tickets are not being given at 100%. I could not read the data map that you projected but I hope I am right in these conclusions. Therefore I do not think we need a limit on employee permits. We might need to look at North of Lytton separately or for that matter any area that is not relieved by RPP. Michael Hodos said he has done the math and if you were to distribute the non resident permit holders evenly throughout the RPP district it would amount to 3 to 4 per block. This seems like a reasonable amount, that would not intrude on the quality of life of the residents. I think that the non resident permits should be distributed evenly throughout the RPP district. If you cannot mark the curbs to achieve this then perhaps number each block and assign permits to a specific blocks by number. The most impactful change to help alleviate the stress on inadequate parking supply for customers, employees and residents would be to create more parking. Designate it for employee use only. I also think enforcement is key to the success of this. Let me know if I left anything out. Thank you for listening. Sue -- Susan NightingaleWatercourse Way P 650 462 2010 F 650 462 2020 watercourseway.com@watercoursespa Palo Alto Residential Preferential Parking (RPP) Program Meeting Notes Date: November 17, 2015, 3:00 – 4:30 pm Location: City Hall, Council Conference Room, 250 Hamilton Avenue, Palo Alto Attendees: Name Representation RPP Stakeholder Group Rob George District manager, Philz Coffee Will Griffin Employee, Palantir Elaine Uang Resident, 321 Kipling (Downtown North) Ben Cintz Cintz Commercial Properties John Guislin Resident, 225 Middlefield (Crescent Park) Sue Nightingale Business owner, Watercourse Way Michael Hodos Resident, 944 Bryant (Professorville) Neilson Buchanan Resident, 155 Bryant (Downtown North) Chop Keenan Land Owner, Keenan Land City Staff and Members of the Public Joshuah Mello Chief Transportation Official, City of Palo Alto Jessica Sullivan Transportation Planning Manager, City of Palo Alto Sue-Ellen Atkinson Parking Operations Lead, City of Palo Alto Ruth Hodos Resident Joe Baldwin Resident, Channing House Fred Kohler Resident Ted Davids Resident Bruce Heister Resident Mac Beasley Resident Mary Dimit Resident Meeting Goals: 1. Review Phase 2 feedback from October workshop 2. Discuss draft Phase 2 strategies General Comments Stakeholder noted the number of employee spaces, not permits issued, is the main concern. Stakeholder commented that limiting the number of permits may not be the best course of action, as it could decrease flexibility. Staff acknowledged that communications, website, and permit design can be improved in Phase 2. Discussion of RPP Boundary Staff presented analysis of walking distance from downtown and suggested options for extending the RPP boundary. Stakeholders voted to allow the boundary to be expanded to the ½ mile walking radius to allow certain streets to have the option to “opt in” to the RPP district in the future. (8 yay, 1 abstained) General Comments on Program Design – Phase 2 Staff presented three options for Phase 2 design to Stakeholders, and received feedback on designs. All options presented were in concept only; zones drawn do not reflect final configuration and may change. Comments below represent feedback from Stakeholders and from members of the public in attendance. Option 1: Concentric Zones Make Zone A have resident only parking or put a very low limit on employee permit numbers within this zone If Zone A is resident only, employee parking would all move to Zone B Zones make parking and enforcement too complex Add pricing to the format of Option 1, making parking more expensive closer to the Downtown core and less expensive in the outer zones Concern about resources for enforcement for this option Zone A could have employee parking allowed only on one side of each street Option 2: Neighborhood Zones Comment noted that the existing color zone is not optimal, so why would a zone done by neighborhood be functional? The configuration doesn’t address the issue of spreading out employee permit sales closest to the Downtown core Option 3: “Microzones” Stakeholder inquired if zones could be one block deep; generally the zones should be smaller Pricing should be added to this configuration Several commented that this scheme was too complicated One suggested that this concept be combined with the concentric ring concept, so that a number of smaller zones surrounded the Downtown core in a radial configuration General comments that this concept was too complicated and too difficult to administer One comment that it would be vetoed by Bernie Sanders as being too elitist Downtown ParkingAssessmentDistrict 1500 1600 1600 1500 0 170 300 7 00 900 700 0 600 800 800 600 500 400 300 200 100 100 200 100 400 300 300 200 700 300 600 200100 600 200100 500 500 300 500 400300 300 400 200 400 500 400 600 200 400 500 100 100 300 200 300 200 100 300 1200 1300 200 1600 1700 1600 1400 100 1700 170 1500 1500 1400 400 1000 1300 500 1500 400 100 1100 1100 200 1400 1300 400 1400 100 200 1200 1200 900 800 600 1000 300 900 800 1000 900 800 700 600 700 400 500 700 500 400 600 800 700 700 500 900 400 1200 600 1100 400 1100 500 1000 700 600 900 800 800 600 1000 800 1000 1000 1100 10 00 90 0 100 0 1200 1300 1200 700 1100 800 900 1 2 0 0 12 00 1 1 00 10 00 1100 1500 1 4 0 0 1300 170 600 1600 500 1600 1700 600 13 00 1 200 800 120 0 1 2 00 1400 11 0 0 110 0 600 700 11 00 13 0 0 130 0 0 500 800 1 500 900 700 14 00 1000 1300 1100 1200 1 700 1 60 0 1700 50 700 1 4 00 14 00 600 1500 160 0 14 0 0 900 700 600 400 1500 1000 1300 Esco bita Ave SequoiaA Ma riposa Ave Castilleja Ave Madrono Ave Portola A ve Brya nt Middl Q u a r r y Ro a d W el c h R o a d Encina Ave Urban Lane Wells Ave Em erson St reet Alma Street El Camino Real Mitchell Lane High Street Gilman Street University Ave Florence St Tasso St Ruthven Ave Hawthorne Ave Everett Ave Poe St Tasso St Palo Alto Avenue Lytton Ave Churchill Ave Lowell Ave Webst Coleridge Ave Eme Embarcadero Rd Forest Ave Homer Ave Hamilton Ave Webster Street Waverley Street Kipling Street Bryant Street Ramona Street Scott Stree t Byron St Hale Street Seneca Street Fulton Street Kellogg Ave Tas so St Addison Ave Lincoln Ave Boyce Ave Gui nd a Stree t Midd l ef ield Roa d Channing Ave Cha uc er St R e g e n t Pl Fulton Street Melville Ave Byron Stree t Kingsley Ave Melville Ave M a rlo w e S t M a p l e S tr e e t P al m S tr eet S o m ers et Pl Pit m a n A v e Fife A v e F ore st A v e Lincoln Ave Fu l t o New Gu K e nt Plac e T e vis Pl M artin A v e Center Dr Harriet St Wilson St Cedar St H arker A v e G re e n w o o d A v eHutchinson Ave H o p kins A v e Em barcadero Road A s h b y D r D a n a A v e H a m ilt o n A v eA r c a d i a Pl L o ui sa C t N e w ell Pl Sharon Ct Erstwild Court W aln ut Dr P a rkin s o n D rPine St Mar s Dr J ord a n Pl is LnB Stanley Way D e S o t o D r A l est er A ve C h a n K i n g s L n Is lan d Ma d Cal Tr ai n ROW Kipl ing St Durand Wa y Charles Marx Wa y Or ch ard L n Vi n e y a r d L a n e k e W ilb u r D r Campus Drive West P al m Driv e Camp us Drive East Pa lo Road Sho p p i ng Ctr Way Shopping Ct r Way ShoppingCtr Way London Plane Way Plu m L a n e Swe et Olive Way Pear Lane A r g u e ll o W a y G a l v e z S t Arboretum RdLausen S tM u s e u m W a y R o t h W a y L o mit a D riv e R o a d PistachePlace Crescen H a milto n A v e Clark Way Ne w ell R d N e l s o n R d Nelson Mall Churchill Mall Sam McDonald Rd Serra St Bonair Siding This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Potential RPP Boundary Expansion abc Current RPP Boundary 1/4 mile radius from Greater Downtown Area 1/2 mile radius from Greater Downtown Area SOFA II CAP Road Centerline Greater Downtown Area Downtown Parking Assessment District City Jurisdictional Limits 0'850' RP P E x i s t i n g B o u n d a r y an d Po t e n t i a l R P P E x p a n s i o n B o u n d a r y CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2015 City of Palo AltoRRivera, 2015-11-09 09:22:36RPP Boundary possexpansion 1115 (\\cc-maps\gis$\gis\admin\Personal\RRivera.mdb) University Ave Lytton Ave Everett Ave Fu l t o n S t Gu i n d a S t Gu i n d a S t Se n e c a S t Ha l e S t Mi d d l e f i e l d R d By r o n S t By r o n S t Wa v e r l e y S t Wa v e r l y S t Ta s s o S t Ta s s o S t Fl o r e n c e By r o n S t We b s t e r S t Co w p e r S t Co w p e r S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Fu l t o n S t Mi d d l e f i e l d R d We b s t e r S t Br y a n t S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Ki p l i n g Ki p l i n g Hawthorne Ave Ruthven Ave Poe St Hamilton Ave Forest Ave Forest Ave Homer Ave Channing Ave Addison Ave Lincoln Ave Kingsley Ave Melville AveMelville Ave Kellogg AveKellogg Ave Churchill Ave Coleridge Ave B oyc e Ave A ddiso n Ave Lin c oln A v e Fife A v e F o re st A v e C h a n n in g A v e P ark i n s o n A v e H o p ki n s A v e M elville A ve H arriet St P a l o A l t o A v e Al ma S t Al ma S t Embarca d e r o Rd El Camino Real Downtown RPP District N SOFA DOWNTOWN COMMERCIAL DISTRICT Downtown RPP District Recommended Boundary Expansion Resident Petition Received From:Deb Whitman To:Atkinson, Sue-Ellen Subject:Question about the rationale behind RPP Date:Thursday, September 24, 2015 1:06:52 PM Hi Sue Ellen, I live in the 100 block of Byron Street, so have been affected by the new Residential Parking Permit program. I am hoping you can help me understand how we think RPP, as currently planned, will reduce street parking challenges in Palo Alto. It’s not quite making sense to me yet. I believe the purpose of RPP is to make it easier for residents who live close to downtown (particularly in the area between Cowper & High Streets and University & Everett Streets) to find street parking. I’m sure street parking is a nightmare in some of those blocks, so I can understand the desire to reduce non- resident street parking in those areas. As I understand it, we’ve decided the “cause” of street parking challenges in that area is that folks who work downtown use street parking there, thus making it hard for the folks who live there to find parking. What I do not understand is how the RPP program solves that problem. If I understand it correctly, RPP requires both residents and downtown workers get a permit to park. But it does not limit downtown worker parking …it just requires that they pay for parking now. It seems to me that you still have ALL the same folks needing to park – residents and downtown workers – but now we make it expensive and a hassle for them all (you have to pay, and you have to go through the hassle of getting an ever-expiring permit again and again)…. But we still have the same number of people who need to park. How does this solve the problem? In neighborhoods such as mine, where we don’t currently have a problem with street parking, but where we’re expected to experience “spill-over” as people park further from downtown …I anticipate that RPP will make street parking MORE difficult. For example….Currently I always park my car in my driveway. But once RPP is official active, I will start parking on the street whenever I’m expecting anyone to come to my home during business hours, so I can leave the driveway free for them. This means on the days my friends, house cleaner, gardeners, child’s tutor, etc. are expected to visit….my car will be on the street all day, instead of in my driveway. If several folks on my street have the same problem, we’ll have very full street parking on our block quite quickly. Which we don’t have today. So…I see how RPP makes parking worse where I live. But I do not see how it makes parking any better in the area where it’s meant to help. Can you please tell me what we believe will happen to reduce parking when the permits go into effect? I just don’t understand RPP will benefit anyone. There has to be something here that I don’t understand. It seems to me that the real solutions to the problems would be to: a) build more parking downtown, so workers and customers have a place to park, b) slow growth of office space downtown (which requires a lot more parking than retail), and c) stop allowing ground-floor retail space to morph to office usage. It would be SO awesome to see us addressing those root cause issues, to really solve the problem! But, in the meantime…if you can just help me understand how RPP is supposed to help, I’d really appreciate it. Thanks so much! Deb Whitman From:[your-name] To:DowntownRPP Subject:Residential Parking Date:Friday, October 23, 2015 3:38:08 PM From: [your-name] <xmyema@yahoo.com> Subject: Residential Parking Message Body: I see a flaw with the RPP program. I live in the Palo Alto Avenue area. There's some Palo Alto residents that work in Menlo Park, but since they are residents of Palo Alto, (NOT RESIDENTS OF THE AREA) they have a parking permit that allows them to Park all day in the Palo Alto Avenue area and walk to their offices in Menlo Park. These people have a big empty parking space but they rather not drive around to Park there, instead they park right in front of our residence, blocking us every time we come home from work or the super market. How does this solve the problem? -- This e-mail was sent from a contact form on City of Palo Alto Parking (http://paloalto.parkingguide.com) From:Leslie Evers To:Atkinson, Sue-Ellen; Sullivan, Jessica Cc:Perry Irvine Subject:RPP on Waverley Street Date:Wednesday, October 28, 2015 6:10:09 PM Dear Jessica and Sue-Ellen, I have been a resident of the 1100 block of Waverley Street for 20 years, and my neighbor, Perry Irvine, has lived here 30 years. In the month or so since the Residential Parking Permit Program has been instituted in Professorville, our blocks have become the new downtown parking lot. What has happened is pretty simple and understandable - people who work downtown have decided that it is a lot easier to walk an extra block or so than to go through the process of obtaining a parking permit and paying $ 233 for it. The result has been that the streets closer to downtown and to Alma are now less used for parking, and our block and the next 1200 block are inundated by all day parkers. How does this affect us? There are three important ways. 1.) RESIDENTIAL PARKING EXCLUSION Neither our family, nor friends, nor workers, if they need to visit, have any place to park - all day - from 7 in the morning until 6 in the evening, or later. Sometimes we residents can’t even park. I myself do not have a driveway/garage or onsite parking. I am in the process of applying for a permit for a curb cut, but as you know this takes time. In the meantime I can’t access my own home if I leave a spot open for even an hour. (There are some neighbors on nearby Kingsley with a similar issue - one of them has MS and is unable to walk farther than a few steps.) Some people can’t access their own homes. This is a sudden and unnecessary hardship and it has changed the character of our neighborhood much to its detriment. 2.) TRAFFIC HAZARDS The visibility coming in and out of the driveways of Waverley is severely impacted and presents somewhat of a hazard when the street is both busy and full of parked cars. Turning onto Waverley from eastbound Kingsley is also now unsafe because cars parked to the corners make it hard to see around, and there's not a four way stop there. The cars go fast. 3.) CLOGGED GUTTERS Street sweeping is an issue of immediate concern. The city has now contracted out its street cleaning and they don’t come early in the morning anymore. By the time they get here, mid morning, the street’s already full of cars, so the fallen leaves remain in the street and pile up against the parked car wheels. This is going to cause clogging and flooding in the gutters and the corners, where the drains are. Today I spent two hours waving cars away from parking on this block, so the sweeper could do his job about 10 a.m. He actually got out of his truck and did some of it by hand behind the cars already parked. He came back and re-swept a street he had already tried to do. We can’t expect that every week for the next four months. I met with Todd Seeley who is professional & responsive, and working with me to resolve the issue. He will try to help but says week-long temporary signs can’t be posted but a couple of times this winter. The 1100 block of Waverley is particularly leafy and from now until January/February there is a lot of droppage. At the first big rain I can only expect this to cause traffic & safety problems from gutter flooding. This is also evident on Kingsley between Waverley and Bryant. As soon as the permit signs are in place I expect the car problem to recede and we can possibly sweep normally again. This is an interdepartmental issue from what I gather, since signage is involved. A long term solution is in the works, I know, but doesn’t address the problem we have now. Earlier sweeping might help but taking commuter cars off our streets ASAP is the best idea. Winter is coming. Flooding, speeding and limited visibility equal potential disaster. Sue-Ellen very kindly provided a petition last week and we circulated it, requesting our neighbors agree that we need the stretch of Waverley Street, between Lincoln and Embarcadero, be included as soon as possible in the RPP boundaries. In the 1100 and 1200 blocks, we have a virtually unanimous agreement with only one resident declining to sign the petition. All other residents signed. In the 1300 block, we have 3 out of 6 signed. We have attempted to contact the other three but they simply have not been home. Before we submit, we’ll try again, of course. But if we don’t get the rest of those signatures, we do believe that last block should be similarly included. It obvious that non-resident parkers will simply move down the street to the closest non-regulated streets. We think all of Waverley should be annexed. For this reason we also believe that Kingsley and Melville (at least one block east and west of Waverley) should probably be annexed as well. The RPP was presumably adopted to alleviate impacted parking in the residential areas of University South and Professorville. That has been accomplished for those areas which have been included. But it appears that the permit program for downtown workers has attracted fewer applicants and permits than the city expected. This has accomplished the time honored effect of "kicking the can down the street,” simply transferring parking congestion to the non-regulated areas. In fact it seems to have concentrated the problem as people crowd into the blocks immediately adjacent, which makes their walks no longer than necessary. We respectfully request that the petition be accepted and that the boundaries of the RPP be expanded and implemented right away, as was probably initially proposed. Those who voted against it simply were not aware of the ramifications. But it’s clear enough now. I hope the change will not take long and that the City council has a provision for this to be done with alacrity. The petition will be submitted shortly, before the deadline. I will include this letter. Thanks so much Leslie Johnson Evers 1146 Waverley St Perry Irvine 1135 Waverley St From:Allen Akin To:Atkinson, Sue-Ellen Subject:RPP question Date:Monday, June 29, 2015 3:15:47 PM Hi, Sue Ellen! A previous incarnation of the RPP had an explicit exception so that it didn't apply to Residential Collector streets. I'm curious whether that's still the plan, but I haven't been able to find an answer in the documents I've read online. If I understand correctly, such an exception would affect Homer, Channing, Waverley, and High in the current district. I think that the RPP should apply to those streets. Doing otherwise would unfairly burden the folks that live on them, and from an operational point of view, increasing the competition for free parking on our busiest residental streets seems likely to increase accidents and congest traffic. Full disclosure: I live on the corner of Lincoln and Waverley, so in theory the lack of RPP on collector streets would affect me. In practice I don't think it would matter too much; I have off-street parking. Some of my neighbors would have more difficulty. Best regards, Allen Akin 405 Lincoln Ave Option 1: Concentric Zones ZONE A ZONE B ZONE C Option 2: Large Neighborhood Zones DN PV CP US Option 3: Microzones A B E F G D C I H J K City of Palo Alto | City Clerk's Office | 12/2/2015 1:27 PM Carnahan, David From:Gitelman, Hillary Sent:Tuesday, December 01, 2015 10:09 AM To:Allen Akin; Sullivan, Jessica; Atkinson, Sue-Ellen Cc:Neilson Buchanan; Council, City Subject:RE: Parking summary for next RPPP report Mr. Akin: Thanks for your email. We look forward to your review and comment on the RPP staff report that will be disseminated this week for the meeting of December 14. Hillary Hillary Gitelman | Planning Director | P&CE Department 250 Hamilton Avenue | Palo Alto, CA 94301 T: 650.329.2321 |E: hillary.gitelman@cityofpaloalto.org Please think of the environment before printing this email – Thank you! ‐‐‐‐‐Original Message‐‐‐‐‐ From: Allen Akin [mailto:akin@arden.org] Sent: Monday, November 30, 2015 8:15 PM To: Gitelman, Hillary; Sullivan, Jessica; Atkinson, Sue‐Ellen Cc: Neilson Buchanan; Council, City Subject: Parking summary for next RPPP report Hi, folks. As the next RPPP report for Council approaches, I'd like to repeat my request (from August) for a clear summary of parking supply vs. demand. It should cover a time period that includes all development projects in the pipeline plus possible construction of a new garage. Such a summary would force us to be open about the assumptions we make when we talk about the parking problem, and would give the public essential information about its size and timing. I think it's a necessary part of planning and outreach. As I mentioned before, it's crucially important to express the level of confidence for estimates. We may be 90% confident that we know the maximum number of parking places required for employees (for example). Everyone needs to understand that even 90% confidence means we'll exceed that "maximum" once every two weeks (10% of the time, or 1 business day in 10). On a related matter, the number of cars and trucks passing through the intersection by my house has increased from an average of 4200/day (in 2013) to 5100/day. There is no hour, day or night, without traffic. During the peaks at commute times the average is now one car every nine seconds. As downtown development continues, let's not lose sight of the connection between parking, traffic and neighborhood quality of life. City of Palo Alto | City Clerk's Office | 12/2/2015 1:27 PM Best regards, Allen Akin City of Palo Alto (ID # 6069) City Council Staff Report Report Type: Action Items Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: PSB Site Feasibility Analysis Title: Review and Accept the Public Safety Building Site Evaluation Study of California Avenue Parking Lots C-6 and C-7 for Construction of a New Public Safety Building and Public Parking Structure; Direct Staff to Proceed With Design and Environmental Review of a 3-Story Public Safety Building Meeting Zoning Requirements on Lot C-6, and to Proceed With Design and Environmental Review of a New Public Parking Garage on Lot C-7 That will Provide Approximately 460 (160 Net New) Public Parking Spaces From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Review and accept the Public Safety Building Site Evaluation Study of California Avenue Parking Lots C-6 and C-7 for construction of a new Public Safety Building and public parking structure. 2. Direct staff to proceed with design and environmental review of a 3-story Public Safety Building meeting zoning requirements on Lot C-6, and to proceed with design and environmental review of a new public parking garage on Lot C-7 that will provide approximately 460 public parking spaces (160 net new spaces), including evaluation of costs and other impacts to potentially provide additional parking beyond the 460 spaces. Executive Summary This report presents the results of a detailed site evaluation study for locating the Public Safety Building (PSB) on Parking Lot C-6 in conjunction with a new parking garage on Parking Lot C-7 in the California Avenue business district. The new PSB City of Palo Alto Page 2 will address the space and program needs of the Police Department, 911 Emergency Dispatch Center, the Emergency Operations Center (EOC), the Office of Emergency Services (OES) and the administration needs of the Fire Department. The new PSB is the top priority in the Council Infrastructure Plan. It is expected to provide for the City’s public safety needs over the next 50 years or more, as well as address and resolve compliance issues with seismic, accessibility, code and regulatory requirements. The study indicates that Parking Lot C-6 is suitable for the PSB in both 2-story and 3-story configurations. It also indicates that a new parking garage can be constructed on Parking Lot C-7 to replace all existing Lot C-6 and C-7 surface parking stalls and add an addition 160 stalls worth of public parking. Staff recommends proceeding with design and environmental review of a 3-story PSB configuration on Lot C-6 based on its layout efficiency, zoning compliance and future expansion potential. On November 18, 2015, staff presented the draft results of the site evaluation study to the community at an evening meeting in the Escondido Elementary School multipurpose room. Most comments were supportive of siting the PSB on Lot C-7 and many comments from local business interests reflected a desire to maximize parking in the new garage. Some residents disagreed with the comments for adding even more parking and many noted that traffic on Park Boulevard is heavy. Staff also met with California Avenue business association members (CAABA/MOCA) on November 19, 2015 to present the results of the draft study. Maximizing parking was also emphasized strongly by this group, expressing concern about losing convenient surface parking believed to be more attractive to customers. Several other comments were received including general interest in siting the Public Safety Building on Lot C-6 and expressing a preference for parking garage Option C with the retail component and lower overall height. Construction cost estimates developed during the study indicate the need for a not-yet-determined amount of additional funding for the project. Staff’s recommendation to proceed with design and environmental review minimizes the future cost increases that will undoubtedly accompany further delay. The recommendation has the additional benefit of expediting the New California City of Palo Alto Page 3 Avenue Parking Garage project, which is currently scheduled to be constructed in 2020. Construction of a new PSB on Lot C-6 would require that the new Parking Garage be completed prior to initiating construction on the PSB. Background The June 2014 Council Infrastructure Plan identified $57 million in funding for the construction of a new Public Safety Building (PSB), which was designated as the City’s top infrastructure priority. The Infrastructure Plan also included a New California Avenue Parking Garage with funding of $9.6 million for an estimated 150 new stalls of parking. In May 2015, three City-owned sites were proposed for further study in a site selection and evaluation process. The 3 sites were the result of an extensive search that evaluated over 22 properties around Palo Alto. The proposed sites consisted of Parking Lot C-6, the former Los Altos Treatment Plant (LATP) site at the end of San Antonio Road, and the PG&E Switching Station on W. Bayshore Road adjacent to Matadero Creek. The sites represented the most affordable options that could also quickly be developed without a lengthy and expensive acquisition process. At the time of the site search, the only potentially-suitable private parcel being offered for sale was the former Ming’s Restaurant at $25 million, located in the tidal flood zone. Of the 3 City-owned sites, Council expressed considerable concern about the LATP and PG&E sites due to their location within the tidal flood zone and lack of proximity to the central core of Palo Alto. This left the remaining site, Parking Lot C-6, as the most viable option for the PSB. Discussion In July 2015, the City entered into a contract with RossDrulisCusenberry Architecture, Inc. (RDC) to study the relative suitability of parking lots C-6 and C-7 to accommodate the new PSB and a new public parking structure that would replace the existing parking while adding about 150 additional public spaces. Site Assessment For Accommodating PSB Program Staff worked with RDC to reconfirm the program needs and study options for placing the PSB on Parking Lot C-6 near California Avenue along with options for an adjacent new public parking structure on Lot C-7. RDC collaborated with Watry City of Palo Alto Page 4 Design, Inc. for the tasks related to the potential parking structure. RDC compiled a technical report on their findings and evaluation for the following Public Safety Building and Parking Structure options: Public Safety Building Options: 1. A three story 50’ high PSB over an operational basement with associated below and above grade parking 2. A two story 35’ high PSB over two basement levels with associated below and above grade parking Parking Structure Options: A. Stand alone public parking structure with no ground-level commercial space or underground levels B. Stand alone public parking structure over two floors of underground parking with no ground-level commercial space C. Stand alone public parking structure over two floors of underground parking and ground-floor commercial spaces. The evaluation process included data gathering and synthesis, program validation interviews, design presentations, zoning code research, site feasibility studies and cost estimates. The study report summarizes the site opportunities and constraints as follows: Site Opportunities: City ownership of the sites avoids real estate acquisition costs Site improvements can upgrade the pedestrian environment along Park Boulevard Sufficient site area exists to reduce project visibility from California Avenue Proximity to Caltrain Convenient access to Oregon Expressway Numerous precedents for taller buildings exist on the adjacent sites so the new buildings will not be out of place A “good fit” between zoning requirements and the PSB proposal for Lot C-6 Site Constraints: Sites are narrow for both a PSB and a parking garage Jacaranda Lane is a vulnerability for the PSB because it is considered a “back of site” area with public accessibility City of Palo Alto Page 5 Height of the adjacent Courthouse introduces PSB line-of-sight vulnerabilities where potential threats could gain higher ground Current zoning and lot coverage requirements for Lot C-7 are not conducive to structured parking The study concludes that it is feasible to build a new, state-of-the-art PSB on Lot C-6 (labeled Site A in the site evaluation study) and to replace and add to the existing parking spaces by constructing a new public parking structure to accommodate the existing Lot C-7 parking, the displaced Lot C-6 parking and an additional 160 stalls of public parking to serve the demands of the California Avenue retail district. The study identified the following operational benefits of the three-story, 50 feet high PSB option: Efficiency and security control benefits Compactness keeps operational zones in close proximity to each other A third floor to locate critical functions provides increased access to light and view without creating sight-line vulnerabilities Emergency Operations Center can be accessed by pre-approved nonsworn personnel during activations on a floor independent of patrol and investigation functions Following review of the two PSB options, the Police Department determined the three-story option to be the preferred approach. Cost Estimates The site evaluation study includes rough order of magnitude (ROM) construction cost estimates for the two PSB and three parking structure options. These cost estimates are based on very preliminary information and are expected to change as further design work is completed. The PSB construction cost estimates presented in the report include construction of a connecting tunnel between the second basement level of the PSB and a second underground level in the Lot C-7 parking structure. The estimates also include cost escalation and design contingency. They do not include construction contract contingency or “soft costs” such as expenses for design, construction management and construction administration. City of Palo Alto Page 6 The table below presents the range of construction and total project costs, as determined by staff based on the report information, for the two PSB and three parking structure options. The higher range figures include an estimated cost escalation to the midpoint of construction of 19%, and for the PSB they also include the connecting tunnel and higher soft cost percentages than were assumed for the last PSB project cost estimate in 2012. PSB Option Construction Cost Total Project Cost 3-Story $38-48 million $54-75 million 2-Story $42-51 million $58-78 Budgeted Funding: $57 million Parking Structure Option Construction Cost Total Project Cost Option A $8.5-10 million $13-15 million Option B $13-16 million $20-23 million Option C* $12-15 million $18-22 million Budgeted Funding: $9.6 million * Cost estimate does not include cost of constructing 4,700 square foot retail space that would add approximately $1.2 million for just the shell without tenant improvements. The order of magnitude cost estimates show that there will be a need for additional funding for the PSB project. For instance, if the 3-story PSB and the Option C parking garage are ultimately selected, the estimated total project cost estimate range would be $72-97 million, compared to current budgeted funding of $67.6 million. The higher than budgeted estimated costs can be primarily attributed to escalation in construction costs that has already occurred, potential further escalation as reflected in the high-end of the cost ranges and the need to provide PSB underground parking and replace existing Lot C-6 public parking given the size constraints of Lot C-6. While the cost of underground parking and parking replacement is significant, the site evaluation study concludes that providing less expensive surface parking would significantly increase the acreage of land required for the PSB. Given the high price of real estate in Palo Alto and the lack City of Palo Alto Page 7 of market availability of appropriate sites, staff does not believe that a lower cost site is feasible. Community Outreach On November 18, 2015, staff presented the draft results of the site evaluation study to the community at an evening meeting in the Escondido Elementary School multipurpose room. Approximately 25 people attended. Public comments from the meeting are summarized in Attachment B along with written comments received prior to the presentation. Most comments were supportive of siting the PSB on Lot C-7 and many comments from local business interests reflected a desire to maximize parking in the new garage. Some residents disagreed with the comments to add even more parking and many noted that traffic on Park Boulevard is heavy. Due to the heavy bicycle traffic on Park Boulevard, a recommendation was made to move the conceptual PSB visitor parking entrance driveway to Sherman Avenue. Staff also met with California Avenue business association members (CAABA/MOCA) on November 19, 2015 to present the results of the draft study. Maximizing parking was also emphasized strongly by this group, expressing concern about losing convenient surface parking believed to be more attractive to customers. Several other comments were received including general interest in siting the Public Safety Building on Lot C-6 and expressing a preference for parking garage Option C with the retail component and lower overall height. The retail component could provide general fund revenue and could be established as a community benefit by awarding leases to tenants that meet specific criteria such as locally-owned businesses not part of a large franchise. Applicants for leasing the space could potentially be solicited through an open request for proposal (RFP) process similar to the one used to procure ADA’s Café at the new Mitchell Park Library and Community Center. Timeline Following Council direction to proceed with siting the new facilities on Parking Lots C-6 and C-7, a request for proposals (RFP) will be issued for architectural design services in early 2016. Proposals received will be evaluated and a contract award expected by early spring 2016. After award of contract, the design process will include extensive public outreach, engagement of neighboring property owners, California Environmental Quality Act (CEQA) analysis, architectural City of Palo Alto Page 8 review, Planning and Transportation Commission Review and ultimately City Council approval. Resource Impact Funding for design and environmental review of a new Public Safety Building is included in Capital Improvement Program (CIP) project PE-15001, New Public Safety Building (Attachment C). Funding for design and environmental review of a new California Avenue Parking Garage is included in CIP PE-18000 (Attachment D), but is currently scheduled for fiscal year 2018. A budget amendment would be included with the future design contract award to change the funding timeline for CIP PE-18000. There is an expected need for additional funding for the new Public Safety Building project. As discussed with the Finance Committee at the November 17 meeting as part of the Fiscal Year 2015 Budget Closing CMR and presentation of the Fiscal Year 2015 Comprehensive Annual Financial Report, the Fiscal Year 2016 Budget Stabilization Reserve contains a set-aside of $6 million to fund costs related to Infrastructure Plan projects. The closing of the budget is scheduled for Council approval at a Council meeting during the latter part of January or early February. Additionally, the Fiscal Year 2017-2026 General Fund Long Range Financial Forecast will include higher than anticipated Transient Occupancy Tax revenue estimates related to the four new hotels and the 2% tax increase which staff will recommend to be used for funding infrastructure. The closing of the gap between existing budgeted resources and the eventual cost of the building will require additional funding. At the same time, some of the gap may be closed through design decisions on the building and value engineering to reduce the cost. One fact for certain is that time itself is a contributor to rising costs and the funding gap. We should move swiftly and decisively on this site designation and begin the necessary work to be able to build the garage and building as soon as possible. Policy Implications The following policy statements in the Palo Alto Comprehensive Plan support the construction of new Public Safety Building and adding parking supply to the California Avenue business district: City of Palo Alto Page 9 Element: Community Services & Facilities Section: Parks and Public Facilities Goal: C-4 Attractive, Well-maintained Community Facilities That Serve Palo Alto Residents. Policy: C-24 Reinvest in aging facilities to improve their usefulness and appearance. Avoid deferred maintenance of City infrastructure. Element: Transportation Section: Parking Goal: T-8 Attractive, Convenient Public and Private Parking Facilities Policy: T-45 Provide sufficient parking in the University Avenue/Downtown and California Avenue business districts to address long-range needs. Policy: T-47 Protect residential areas from the parking impacts of nearby business districts. The policy implications involve discussion of the potential for increasing traffic in the immediate vicinity of a new garage and balancing this against the benefits (e.g. a reduction in over-flow parking in nearby residential neighborhoods and convenient parking for area employees and visitors). Environmental Review The design process for the new Public Safety Building and California Avenue Parking Garage will include CEQA review. Attachments: Attachment A - PSB Site Evaluation Report (PDF) Attachment B - Summary of Community Meeting Comments (PDF) Attachment C - Fiscal Year 2016 Capital Budget Pages for PE-15001 (PDF) Attachment D - Fiscal Year 2016 Capital Budget Pages for PE-18000 (PDF) Prepared for: CITY OF PALO ALTO PALO ALTO PUBLIC SAFETY BUILDING Site Evaluation Study December 14, 2015 Prepared by: TOC-iDecember 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study TABLE OF CONTENTS Acknowledgements Chapter 01: Summary Findings Chapter 02: Site Background Chapter 03: Architectural Program Chapter 04: Public Safety Building Options Chapter 05: Parking Garage Options Chapter 06: Cost Estimates Chapter 07: Comments Chapter 08: Appendix TOC-ii PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study TOC-iiiDecember 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study ACKNOWLEDGEMENTS The City of Palo Alto acknowledges the contributions of the following individuals and groups for their input and guidance during the creation of the Palo Alto Public Safety Building Site Evaluation Study. City of Palo Alto Palo Alto City Council Karen Holman, Mayor Greg Schmid, Vice Mayor Marc Berman, Council Member Patrick Burt, Council Member Tom DuBois, Council Member Eric Filseth, Council Member Liz Kniss, Council Member Gregory Scharff, Council Member Cory Wolbach, Council Member City Manager’s Office James Keene, City Manager Ed Shikada, Assistant City Manager Janice Svendsen, Executive Assistant to the City Manager Thomas Fehrenbach, Manager Economic Development Richard Hackmann, Management Analyst Administrative Services Department Lalo Perez, Director of Administrative Services Joe Saccio, Assistant Director of Administrative Services Hamid Ghaemmaghami, Manager Real Property Planning Department Amy French, Chief Planning Official Elena Lee, Senior Planner Department of Public Works Mike Sartor, Director of Public Works Brad Eggleston, Assistant Director of Public Works Phil Bobel, Assistant Director of Public Works Matt Raschke, Senior Engineer Valerie Tam, Assistant Engineer Elizabeth Ames, Senior Project Manager Holly Boyd, Senior Engineer Police Department Dennis Burns, Police Chief Barbara Teixeira, Administrative Assistant Patty Lum, Lieutenant Charles Cullen, Director of Technical Services Lynne Johnson, Retired Police Chief Peter Hazarian, Retired Police Administrator Office of Emergency Services Kenneth Dueker, Director Simon Williams, Program Assistant I Fire Department Administration Eric Nickel, Fire Chief Geo Blackshire, Deputy Fire Chief Utilities Valerie Fong, Director of Utilities Tomm Marshall, Assistant Director of Utilities Operations Community Volunteers Blue Ribbon Task Force (BRTF) Vic Ojakian (Co-chair) Lanie Wheeler (Co-Chair) Ray Bacchetti Jay Boyarski Harold Boyd Paula Collins Margo Dutton Dan Dykwel John King Denise Lee John Northway Dave Ross Peter Stone Veronica Tincher Karen White TOC-iv PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Infrastructure Blue Ribbon Commission (IBRC) Ray Bacchetti (Co-Chair) Leland Levy (Co-Chair) Marc Berman David Bower Ralph Britton Brent Butler Mark Harris Stephen Levy Patricia Markevitch John Melton Mark Michael Jim Olstad Alex Panelli James Schmidt Robert Stillerman Greg Tanaka Gary Wetzel Public Safety Partners The Berkeley Police Department The San Mateo Police Department The Redwood City Police Department Architect RossDrulisCusenbery, Architecture Inc. (RDC) Michael B. Ross, AIA Mallory Scott Cusenbery, AIA Yu Chen Su Sean Flanagan Tina Harris Watry Design Parking Consultants Michelle Wendler Charotte Chan John Purinton Cumming Cost Consultants Nick Mata, 01-2 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Summary Findings Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 2 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM Summary 2032 Staff NSF DGSF BUILDING 100 Police Administration, Personnel and Training 9 1,889 2,410 200 Fire Administration 9 1,108 1,406 300 Communications 23 2,243 2,886 400 EOC 4 2,514 3,157 500 Records and Information 13 1,956 2,539 600 Field Services - Patrol 65 4,039 5,006 700 Field Services - Detention 0 1,724 2,159800Traffic7 997 1,269900Parking9 794 1,0071000Investigative Services 17 2,447 3,1761100Property and Evidence 2 3,816 4,6751200Community Room 0 850 1,0631300Staff and Facility Support 0 3,786 4,733 Total Staff 158 Subtotal Building Area 35,484 1400 Building Support Area Allowance 9,930 9,970 Total Building Area 38,093 45,454 ¹ Site Area Program 1500 Exterior Area Spaces 0 2738 1600 Parking Structure 72459 Police Dept. Secure:54 Spaces Police Dept. Specialty Vehicles 17 Spaces Specialty Vehicles Secure Parking 3 Spaces Fire Administration:4 Spaces Visitors/Staff:116 Spaces Total Parking 194 Spaces ¹Fire Marshal & Fire Inspector staffing and area requirements are not included in this program. Assume these functional areas to be located at the Developmental Center project compared to locating the new PSB on a larger site. Examples of site development cost premiums at Lot C - 6 include but are not limited to: replacement of the existing surface parking lots with structured parking, the need to provide below grade basement parking vs. 100% surface parking and costs associated with relocating selected buried utilities to accommodate basement construction. These cost premiums should be compared to the costs associated with the City acquiring a larger site elsewhere in Palo Alto for the project. Lot C-6 is approximately 1.2 acres. Locating a three story PSB on a larger 100% surfaced parked site would require a parcel of approximately 2.70 acres - approximately 2.3 times larger than lot C-6. A larger site may potentially also have increased environmental complexity and extended approval times vs. the proposed City owned lots. This study finds it is possible to construct the new building within the existing zoning and land use regulations in place for this site. It is also feasible to replace and add-to the existing parking spaces displaced from Site A due to the construction of the PSB. The adjacent Site B is large enough for the construction of a new public parking structure to accommodate the existing Site B parking, the displaced Site A parking, and an additional 160 stalls of public parking to serve the needs of the California Avenue retail district. It may be feasible to add new adjoining retail space to this site as well. Zoning exceptions may be required to accommodate the new parking structure. The Study indicates it is possible to develop the two projects without significant visual impact to the small-scale, intimate character of the California Avenue retail area. The existing Jacaranda Lane alley remains open and accessible, setbacks for the PSB downplay the building from key vantage points, and there is space to add public amenities along key public rights-of-way. Additionally, the proposed PSB would replace a passive parking lot with an active civic building, consistent with Palo Alto’s overall community design ambitions. STUDY OVERVIEW & PROJECT SPECIFICS SITE DETAILS The two sites under consideration are summarized as follows: SITE A (Lot C-6): Sherman Avenue, between Park Blvd. and Birch Street; 1.2 acres, approximately 1/2 of a full city block; currently a 158-space surface public parking lot; zoning designation PF; land use designation Major Institutional Special Facility (MISP); maximum lot coverage 30%; maximum height is 50’-0”; part of the California Avenue Parking District. SITE B (Lot C-7): Sherman Avenue site, between Birch and Ash Streets; .93 acres, approximately 1/2 of a full city block; currently a 148-stall surface public parking lot; zoning designation “PF;” land use designation of CC- Community Commercial; part of the California Avenue Parking District. PROGRAM SUMMARY 01-6 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Summary Findings resulting from the contextual adaptations results in a more costly parking structure, however, the trade-off is Option C provides greater community continuity and smaller visible scale. SUMMARY PROJECT COSTS The estimated construction cost for the Public Safety Building ranges between $46.6 million for the three story option to $51.7 million for the two-story option. This amount includes the construction cost for a tunnel below Birch Street connecting the PSB basement with a possible basement level of the parking structure. this tunnel functions as a mandatory second means of emergency vehicle egress from the PSB. The estimated costs for the parking structure vary as follows: Option A = $9.9 million; Option B = $15.3 million; and, Option C = $14.3 million. These costs are exclusive of project and site development costs (fees, permits, project administration and F.F.&E.). Depending on the garage option selected, site development costs will vary; for example, the site development cost for Option A is estimated to be $350K. The total R.O.M. construction cost estimate for PSB Option I, the least expensive garage Option A, and associated site costs, is summarized as follows: $46.4 million + $10.3 million = $56.7 million, (excluding soft costs). 02-6 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Site Background 03-2 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program performed for sites at Park Boulevard, California Avenue, Page Mill/El Camino, the Downtown Library, and the existing Forest Avenue Civic Center location. The costs for either renovating and expanding the existing facility or demolishing and reconstructing a new facility in the same location while relocating the Police Department for up to two years were found to be higher than other sites. However, public opposition to other sites and potential environmental impacts kept the focus on the Civic Center site as a top candidate. In 2001, Council directed staff to proceed with the conceptual design for expansion and modernization of the Civic Center site (CMR:291:01). In December 2004, Council directed staff to begin conceptual design to expand and renovate the existing police facility, using the space needs analyses and site assessment studies that identified a building size of approximately 50,000 sf with an additional 5,000 sf of off-site warehouse space for property and evidence storage (CMR:498:04). In February and May 2005, two colleagues’ memos presented to City Council suggested that as much as $5-6 million could be saved by considering a “turn-key” police building project, allowing the Police Department to remain operational by moving into a new facility rather than incurring additional costs associated with reconstruction of the existing police building. Because of the additional costs and disruption associated with the renovation and expansion of the existing facility, as well as the concerns raised by the need to exceed the downtown 50’ height limit, Council directed staff to temporarily discontinue design of the renovation and expansion of the existing police building and proceed with a preliminary evaluation of a downtown site that included a partially city-owned parking lot behind the post office. On August 8, 2005, the Council directed staff to issue a Request for Statements of Interest (SOI) for a “turn-key” police building and return with a comparison of the “turn- key” proposal to the previously approved plan to renovate and expand the existing police building (CMR:349:05). On November 21, 2005, Council evaluated three SOI proposals and determined that there may be another option for a new police facility that would involve a Santa Clara County- owned parcel of land near the Palo Alto Courthouse in the California Avenue area. Because of this additional option Council decided not to pursue any of the SOI proposals submitted and directed staff to assess the potential of siting the new police building on the County-owned parcel. The Council also directed the mayor to appoint a community- based Blue Ribbon Task Force (BRTF) to evaluate the need, size, cost and site for a public safety building (CMR:428:05). The Council requested the BRTF to evaluate overall programmatic space needs and to study feasible sites within Palo Alto. The BRTF met 13 times and considered 28 different Palo Alto sites, including an expansion of the existing site. To ensure the building size was carefully assessed, the BRTF convened a space subcommittee to evaluate the space and functional need of each program area, room-by-room. The subcommittee also compared the existing space with the proposed space needs. This reexamination of the building size resulted in a 15% space reduction of a new PSB from 58,076 sf to 49,600 sf. It should be noted that the BRTF did not include certain elements now required to be in the PSB, including the Fire Department and Office of Emergency Services. The Office of Emergency Services was created in 2011. On June 26, 2006, the BRTF issued a report, concluding: (1) the most cost-effective means of upgrading and modernizing the facility was to construct a new building, rather than retrofit and expand the existing facility; (2) a minimum site size of 49,600 sf building would be required to accommodate all required programming needs; and (3) the Park Boulevard site was the most feasible location for a new PSB at that time. On September 25, 2006, the Council approved a consultant services contract with RossDrulisCusenbery Architecture, 03-3December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Inc. (RDC) to prepare an environmental impact report (EIR), preliminary engineering and architectural design drawings and cost estimates to a 25% level of effort for a new, approximately 50,000 sf PSB proposed for two parcels on Park Boulevard (CMR:374:06). On November 19, 2007, the Council certified the Environmental Impact Report analyzing various site and building configurations located at 2747 and 2785 Park Boulevard and approved a purchase option agreement with Essex Park Boulevard, LLC to acquire the 2785 Park Boulevard property (CMR:420:07). On June 1, 2009, the Council terminated purchase option agreements for two properties located at 2747 and 2785 Park Boulevard, originally identified for a new PSB, due to the City’s financial position and the overall state of the national economy resulting from the Great Recession. Design of the new PSB was suspended at the 35% stage. Approximately $3.2 million had been expended on the project up to that date (CIP PE-98020). Of the total expended, $1.9 million was directly related to the 2747 and 2785 Park Blvd site. Between 2010 and 2011, the Infrastructure Blue Ribbon Commission (IBRC), consisting of 17 Council-appointed residents, met to review and make recommendations on the overall infrastructure needs of the City. The final report, dated December 22, 2011, indicated that the PSB was still a critical priority and should be pursued expeditiously. IBRC recommendation #3-1 states: “Build a new Public Safety Building (PSB) as soon as possible on a new site, incorporating the Police Department, the Fire Department administration, the Communications Center, the Emergency Operations Center, and the Office of Emergency Services.” In July 2012, the Council held another study session to discuss the IBRC’s recommendations. The Council reviewed the previous space programming work done to determine the size and cost estimate for the Public Safety Building. With input from the Public Safety departments and RossDrulisCusenbery Architecture, Inc. (RDC), Council selected a new PSB program square footage of 44,848 and a project cost estimate of $57 million. The $57 million project cost estimate included $10 million for land acquisition. This square footage was based on 1) Council direction to cut the total space by 10% and 2) a generic space-constrained site. In 2013, the Jay Paul Company offered to construct the PSB at 3045 Park Boulevard as a public benefit in connection with the permitting of a large office development project within and adjacent to the California Avenue business district. The offer and the proposed office project were withdrawn by the developer in late 2013. In early January 2013, the properties at 2747 and 2785 Park Boulevard were sold to the Jay Paul Company for $2,390,000 and $9,087,000, respectively. In October 2014, the Jay Paul Company submitted a planning application for a new three-story 33,000 sf office building on these two properties. The planning application is still in review. The June 2014 Council Infrastructure Plan identified $57 million in funding for the construction of a new Public Safety Building (PSB), which was designated as the City’s top infrastructure priority. In May 2015 the Council approved the City entering into a consultant services agreement with RossDrulisCusenbery Architecture, Inc. (RDC) to verify the PSB program and prepare a site evaluation study of city owned lots C-6 and C-7 in the California Avenue area for potential PSB use. CURRENT PROGRAM RE-VALIDATION RDC interviewed representatives from the Police Department, Fire Department, Office of Emergency Services, and the City of Palo Alto during the program verification process. Minor revisions were made to the previous version of the program, accounting for nominal changes in staffing and operational protocols. The net increase in building size was negligible. The following pages describe in detail the staffing and area requirements of the Palo Alto Public Safety Building projected to the year 2032. 03-5December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 4 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments POLICE ADMINISTRATION, PERSONNEL AND TRAINING PERSONNEL SPACESPRIVATE OFFICES Chief of Police 101 Chief of Police 200 1 1 200 250102Assistant Chief of Police 180 1 1 180 225 103 Senior Administrator (Fiscal)120 1 1 120 150 104 Public Affairs Officer 100 1 1 100 125 Locate near EOC/OES Personnel & Training 105 Personnel & Training Lieutenant 130 1 1 130 163 Locate near Ref. #114 WORKSTATIONS 106 Program Assistant II 64 1 1 64 86 107 Personnel & Training Officer 64 1 1 64 86108Administrative Assistant 64 1 1 64 86 Near entry 109 Admin Associate II 64 1 1 64 86 Increased from 48 SF to 64 SF 110 Drop-in Workstation 64 2 128 173 Share with Fire Administration SUPPORT SPACES Areas111Reception Area 25 4 100 135 Share with Fire Administration Rooms 112 Administration Conference Room (Large)200 1 200 250 Share with Fire Administration. 8 - 10 people113Administration Conference Room (Small)/ Internal Audit/Investigations 120 1 120 150 Co-use 114 Personnel, Internal Investigations and Training File Storage 200 1 200 250 Secure 115 Work Room, Copier 100 1 100 125 Share with Fire Administration 116 Training Files 25 1 25 31 Locate near Ref. #105 117 Training Storage 30 1 30 38 Locate near Ref. #105 SUBTOTAL BUILDING GROSS AREA 2,410 Subtotal 9 1,889 Internal Circulation 521Departmental Gross Square Feet 2,410 POLICE ADMINISTRATION, PERSONNEL AND TRAINING 03-6 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 5 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments FIRE ADMINISTRATION PERSONNEL SPACES PRIVATE OFFICES 201 Fire Chief 200 1 1 200 250202Deputy Chief OPS 180 1 1 180 225 203 Deputy Chief Support Services 180 1 1 180 225 204 EMS Chief 120 1 1 120 150205Senior Management Analyst 120 1 1 120 150 WORKSTATIONS 206 Admin Asst./for Chief 64 1 1 64 86 207 Drop-in Workstation 64 0 0 0 Share with Ref. #110208Admin. Support Professionals 48 3 3 144 194 SUPPORT SPACES 210 Fire Admin File Area 100 1 100 125 Subtotal 9 1,108 Internal Circulation 298Departmental Gross Square Feet 1,406 FIRE ADMINISTRATION 03-7December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 6 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments COMMUNICATIONS PERSONNEL SPACES Communications Center (9-1-1) with supervisory offices PRIVATE OFFICES301Technical Services Coordinator 160 1 1 160 200 Increased from 130 SF to 160 SF 302 Supervisor, Police Services - Communications 120 1 1 120 150 WORKSTATIONS 303 Public Safety Dispatcher - Lead 100 4 2 200 270304Public Safety Dispatcher 80 16 6 480 648 305 Training Consoles 80 0 1 80 108 306 Staff Secretary 48 0 0 0 0 307 Public Safety Dispatcher - Lead (PSD Tech)64 1 1 64 86 SUPPORT SPACES Areas308Breakroom / Kitchen 150 1 150 188 309 Public Viewing Area 24 1 24 30 In public corridor Rooms 310 Lockers 5 29 145 181311Toilets402 80 100 312 Server Room 200 1 200 250 313 Radio Equipment Room 120 1 120 150 314 Office storage & Equipment (Storage)100 1 100 125315911 Printout Storage 80 1 80 100 316 Incident Dispatch Team storage 80 1 80 100 317 Emergency Supply Storage 60 1 60 753189-1-1 Equipment 100 1 100 125 Adjacent to Ref. #312 SUBTOTAL BUILDING GROSS AREA 2,886 Subtotal 23 2,243 Internal Circulation 643 Departmental Gross Square Feet 2,886 COMMUNICATIONS 03-8 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 7 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF Cir.DGSF Comments EMERGENCY OPERATIONS CENTER (EOC) PERSONNEL SPACES PRIVATE OFFICES 401 OES Director 200 1 1 200 50 250402OES Coordinator 130 1 1 130 33 163 WORKSTATIONS 403 Program Assistant 64 1 1 64 22 86404Situational Awareness / Intelligence 80 1 1 80 28 108 SUPPORT SPACES Special Rooms 405 Breakout Room 240 1 240 60 300 Adjacent to Ref. #407406Director / Joint Staff Conference Room 400 1 400 100 500407EOC12001 1200 300 1500 408 Kitchen/Food & Water Storage 0 0 Share with Ref. #308 Breakroom/Kitchen Rooms 409 Backup Dispatch (two consoles)0 0 0 0 0 Use Mobile EOC410Radio Room 80 1 80 20 100 411 EOC Server Room 120 1 120 30 150 313 Food & Water Storage 1 0 0 0 314 EOC Sleep Rooms 80 0 0 0 0 Subtotal 4 2,514Internal Circulation 643 Departmental Gross Square Feet 3,157 EMERGENCY OPERATIONS CENTER (EOC) 03-9December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 8 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments RECORDS and INFORMATION PERSONNEL SPACES PRIVATE OFFICES 501 Supervisor Police Services - Records 120 1 1 120 150 Internal Circulation Subtotal 1 120 150 WORKSTATIONS502Police Records Specialist - Lead 64 1 1 64 86 503 Police Records Specialist II 64 6 3 192 259 504 Police Records Specialist II (Warrants)64 1 1 64 86 505 Business Analyst 64 1 1 64 86 506 Crime Analyst 64 1 1 64 86 507 Volunteers 36 2 72 97 508 CLETS California Law Enforcement Telecommunications System(1 CPU, 1 printer) 64 1 64 86 509 CJIC (1 printer) Criminal Justice Information Center 64 1 64 86 510 Large Scanner Station 48 1 48 65511Code Enforcement Officer 64 1 1 64 86 SUPPORT SPACES Areas512Public Counter Queuing Area 200 1 1 200 254 Public side 513 Reception/Waiting 140 0 1 140 189 Public 514 Public Counter Workstations 48 2 96 120 Two permanently assigned at window staff side. Provide secure glazing. 515 Optical Scanning & Storage 48 1 48 60 Rooms 516 Records Work Room 140 1 140 175 517 Receiving, Staging, Office Supplies, Form Storage 140 1 140 175 518 Fingerprint Area 80 1 80 100 Includes photo519Computer Equipment Workroom 120 1 120 150 520 Record File Storage - Incorporate removable shelves 100 1 100 125 521 Coat Closet 12 1 12 15 Subtotal 13 1,956 Internal Circulation 583 Departmental Gross Square Feet 2,539 RECORDS AND INFORMATION 03-10 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 9 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032AreaStaffUnits/ Rms NSF DGSF Comments FIELD SERVICES - PATROL PERSONNEL SPACESPRIVATE OFFICES 601 Patrol Captain 160 1 1 160 200 602 Watch Commander (Lts)64 4 4 256 320 Four workstations shared in one office603Staff Assistant Sworn 100 1 1 100 125 WORKSTATIONS604Admin Associate II 48 1 1 48 65 Reception 605 Field Supervisor (Sgts)64 10 4 256 346 606 Police Officers 48 0 0 0 Use Report Writing, Ref. #610 SUPPORT SPACES Areas607Confidential Report Writing Room 100 1 100 125 608 Copier / Fax Station 100 1 100 125 609 Mail Boxes 0.3 60 18 23610Report Writing 28 10 280 350 Share with volunteers Internal Circulation Subtotal 498 623 Rooms 611 Watch Commanders Conference 25 4 100 125 612 Field Sgt. Conference Room 120 1 120 150613Briefing Room 25 27 675 844 614 FTO (Field Training Officer) Office 160 1 160 200 Shared office with three w.s. 615 SWAT Lockers 10 15 150 188616SWAT (storage)100 1 100 125 617 Patrol Equipment Storage 100 1 100 125 618 CP Storage 100 1 100 125 619 Office Supplies 80 1 80 100620Hostage Negotiations Team (HNT) Storage 60 1 60 75 621 Evidence Team Storage 60 1 60 75 622 Bike Team Storage 60 1 60 75623Designated Rifle Officer (DRO) Team Storage 60 1 60 75 624 Range Masters Storage 80 1 80 100 625 Defensive Tactics Storage 80 1 80 100 626 Driving Instructors Storage 80 1 80 100 627 First Aid Storage 80 1 80 100 628 Armory: Ammo, Weapons, Caged Special Weapons 120 1 120 150 Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 10 PA2032 Area Staff Units/ Rms NSF DGSF Comments 629 Weapons cleaning/maintenance area 100 1 100 125 630 Patrol Bicycle Facility 12 27 326 341 631 Bicycle Storage (bench)30 1 30 30 Subtotal 65 4039Internal Circulation 966 Departmental Gross Square Feet 5,006 FIELD SERVICES -- PATROL 03-11December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 11 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments FIELD SERVICES - DETENTION PERSONNEL SPACES WORKSTATIONS 701 CLETS (California Law Enforcement Telecommunications System) Workstation 36 1 36 49 SUPPORT SPACES Areas 702 Pedestrian Sallyport for Adult and Juvenile 40 2 80 100703Metal Detector 48 2 96 120 704 Booking 358 1 358 448 705 Juvenile Processing 100 1 100 125706Adult Processing 100 1 100 125 707 Intoxilizer / DRE Room 80 1 80 100 Rooms708Haz. Mat. Shower 36 1 36 45 709 Interview Room 80 2 160 200 710 Juvenile Observation Area 20 2 40 50711Temporary Juvenile Holding Cell 80 1 80 100 712 Single Occupancy Juvenile Cell 80 2 160 200 713 Temporary Adult Holding Cell 80 1 80 100714Single Occupancy Adult Cell 60 2 120 150 715 Safety Equipment 40 1 40 50 716 Suspect Property Storage Area 30 1 30 38 717 Janitorial Storage 80 1 80 100 718 Staff Toilet 48 1 48 60 719 Vehicle Sallyport 0 0 Refer to Ref. #1505 Subtotal 0 1,724 Internal Circulation 435Departmental Gross Square Feet 2,159 FIELD SERVICES -- DETENTION 03-12 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 12 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments TRAFFIC PERSONNEL SPACES PRIVATE OFFICES801Traffic Manager (Lt)130 1 0 0 0 Combined with Watch Commander 802 Special Events Sergeant / Reserve Commander 100 1 1 100 125 WORKSTATIONS 803 Sergeant 64 1 1 64 86 804 Traffic Officers 48 4 2 96 130 805 Volunteers 36 2 72 97 SUPPORT SPACES Areas 806 Copier 60 1 60 75807Office Storage 20 1 20 25 Storage Rooms 808 Patrol Storage 300 1 300 375 809 Storage 16 2 32 40810Storage (Vertical Files)9 1 9 11 811 Storage (Vertical Files)9 1 9 11 812 Rain Gear Storage 16 2 32 40813Radar Unit Storage 16 1 16 20 814 Traffic Officer Vertical File Storage 9 7 63 79 815 Star Team Storage 16 1 16 20 816 Specialized Traffic Reconstruction Team 36 3 108 135 Subtotal 7 997Internal Circulation 272 Departmental Gross Square Feet 1,269 TRAFFIC 03-13December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 13 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032AreaStaffUnits/ Rms NSF DGSF Comments PARKING PERSONNEL SPACESPRIVATE OFFICES 901 Parking Supervisor 120 1 1 120 150 WORKSTATIONS902Community Service Officers 48 8 3 144 194 SUPPORT SPACESAreas 903 Copier 0 0 Shared with Traffic. Add this element if parking is located off-site.904 Office Storage 0 0 Shared with Traffic. Add this element if parking is located off-site. Storage Rooms 905 P/E/ Bulk Storage 350 1 350 438 906 Community Policing Storage 180 1 180 225 Subtotal 9 794Internal Circulation 213 Departmental Gross Square Feet 1,007 PARKING 03-14 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 14 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments INVESTIGATIVE SERVICES PERSONNEL SPACES PRIVATE OFFICES 1001 ISD (Investigative Services Division) Captain 160 1 1 160 200 1002 Persons Crimes Sergeant 100 1 1 100 125 1003 Property Crimes Sergeant 100 1 1 100 125 WORKSTATIONS 1004 Court Liaison 64 1 1 64 86 1005 Persons Crimes Investigator/ sexual assault 64 5 5 320 432 Co-locate in secure, separate office space 1006 Property Crimes Investigator/ ID theft 64 5 5 320 432 Co-locate in secure, separate office space 1007 High Tech Investigators/ computer forensics 64 2 2 128 173 Co-locate in secure, separate office space 1008 Task Force Workstations/ Task Force/ situation room 64 0 4 256 346 1009 Admin Associate II 48 1 1 48 65 1010 Volunteers 36 1 36 49 SUPPORT SPACES Areas 1011 Waiting Area 25 4 100 125 Rooms 1012 Briefing/Conference Room 25 15 375 469 1013 Equipment Storage Room 80 1 80 100 1014 Victim / Witness Interview Room 100 1 100 125 Adjacent to Public Lobby 1015 Soft Interview Room 100 1 100 125 1016 Suspect Interview Room 80 1 80 100 1017 Video Monitoring Room 80 1 80 100 Subtotal 17 2,447 Internal Circulation 729 Departmental Gross Square Feet 3,176 INVESTIGATIVE SERVICES 03-15December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 15 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments PROPERTY AND EVIDENCE PERSONNEL SPACES WORKSTATIONS 1101 Property & Evidence Tech 64 2 2 128 173 Internal Circulation Subtotal 2 128 173WORK PLACES TOTAL 2 128 173 SUPPORT SPACES Areas1102Public Waiting Area 25 4 100 125 1103 Evidence Processing Area 100 1 100 125 1104 Bag & Tag Area (Area) / Transfer Lockers 80 1 80 100 Lockers for evidence drop-off Rooms 1105 Video Tape Duplicating Area 64 1 64 801106Viewing Room 100 1 100 125 1107 Drying Closet 20 2 40 50 1108 ID Lab 240 1 240 3001109ID Supply Storage 60 1 60 75 1110 Digital Workstation 48 3 144 180 1111 Property Storage 1500 1 1500 1875 High density shelving1112Secured Area for firearms 40 1 40 50 Secure gun locker 1113 P/E Staging / Loading Area 100 1 100 125 1114 Narcotics Storage 80 1 80 100 Vault 1115 Walk-in Freezer / Refrigerator 160 1 160 2001116Money & Valuables Storage 80 1 80 100 Vault 1117 Large Drying Room 80 1 80 100 1118 Vehicle Processing 720 1 720 792 Secure Garage with roll-up door Subtotal 2 3,816Internal Circulation 859 Departmental Gross Square Feet 4,675 PROPERTY AND EVIDENCE 03-16 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 16 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF DGSF Comments COMMUNITY ROOM/TRAINING ROOM PERSONNEL SPACES PRIVATE OFFICES WORKSTATIONS SUPPORT SPACES Areas Rooms 1201 Community Room 10 75 750 938 Provide Coffee Bar 1202 Training Storage 100 1 100 125 Subtotal 0 850 Internal Circulation 213 Departmental Gross Square Feet 1,063 COMMUNITY ROOM/TRAINING ROOM I 03-17December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 17 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032AreaStaffUnits/ Rms NSF DGSF Comments STAFF AND FACILITY SUPPORT SUPPORT SPACES Areas 1301 Break Area (Break)400 1 400 500 Natural Light1302Break Area (Vending)54 1 54 681303Fitness Facility 860 1 860 1075 Rooms 1304 PD Sworn Locker Rooms (assign male and female during design)10 120 1200 1500 Includes Fire Admin. and reserve officers. Provide 80% male lockers. 20% female lockers in two separate locker rooms. 1305 PD Civilian Lockers 5 28 140 175 Locate in Ref. #1304 area1306Men's Toilet/Showers (Toilet)40 4 160 2001307Men's Toilet/Showers (Urinal)15 3 45 561308Men's Toilet/Showers (Lavatory)15 4 60 75 1309 Men's Toilet/Showers (Shower)32 6 192 240 1310 Women's Toilet/Showers (Lavatory)15 5 75 94 1311 Women's Toilet/Showers (Shower)32 5 160 200 1312 Women's Toilet/Showers (Toilet)40 5 200 250 1313 Uniform Storage / Laundry Pick Up 80 1 80 100 1314 Sleeping Rooms 80 2 160 200 Subtotal 0 3,786 Internal Circulation 947 Departmental Gross Square Feet 4,733 Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 18 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Staff Units/ Rms NSF Cir.DGSF Comments PERSONNEL PRIVATE OFFICES 1401 Building Operations Office 160 1 160 40 200 Provide plan table space1402I.T. Office 0 0 0 0 Refer to Ref. #519 SUPPORT SPACES 1403 Fire Exit Stairs and Shaft 1400 1 1400 0 1400 1404 Public Elevator and Shaft 270 1 270 0 270 1405 Elevator Equipment Room 100 1 100 0 100 1406 Electrical Transformer Vault 120 1 120 0 120 1407 Secure Staff Elevator and Shaft 270 1 270 0 270 1408 Electrical Switch Gear Room 300 1 300 0 300 1409 Telephone Point of Entry 100 2 200 0 200 Increased from 1 unit to 2 units 1410 Tele Communication Closets 30 4 120 0 120 1411 Mechanical Rooms 80 3 240 0 240 1412 Server Room 200 1 200 0 200 Separate / additional to Ref. #312 1413 Vertical Air Shaft Allowance 280 1 280 0 2801414Janitor Closets 40 2 80 0 80 1415 Public Restrooms 160 2 320 0 320 1416 Staff Restrooms 100 4 400 0 400 Locate one male and one female on first and third floor. 1417 Custodian Storage 100 1 100 0 100 1418 UPS Battery Room 100 1 100 0 1001419Electrical Closets 30 2 60 0 60 1420 Recycle Bins (indoor)20 3 60 0 60 1421 Public Elevator Lobbies 144 2 288 0 2881422Officers/Staff Stair 200 1 200 0 200 1423 Officers/Staff Entry Lobby 120 1 120 0 120 1424 Public Circulation Allowance 600 1 600 0 6001425Inter Departmental Circulation 1000 1 1000 0 10001426Exterior Wall Thickness 1872 1 1872 0 1872 1427 Public Lobby 800 1 800 0 8001428Freight Elevator 270 1 270 0 270 Adjacent to Ref. #1509 Subtotal 0 9,930Internal Circulation 40Departmental Gross Square Feet 9,970 1 2 Assumes roof mounted equipment 3 Assumes 18" overall wall thickness Based on an assumed three-story Building. Need for fire exit stairs and shafts varies depending on size of lot, number of building stories and the possibility of sharing support infrastructure with an existing building should it be available. BUILDING SUPPORT AREA ALLOWANCE (APPROXIMATELY 24% of TOTAL DGSF) Palo Alto Public Safety Building August 17, 2015, Verified Architectural Program STAFF AND FACILITY SUPPORT 03-18 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 19 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032AreaStaffUnits/ Rms NSF DGSF Comments Exterior Area SUPPORT SPACES Areas 1501 Canines (kennel space) Storage 80 1 80 80 1502 Waste Bins (outdoor)100 2 200 2001503Emergency Generator 300 1 300 300 Increased from 200 SF to 300 SF 1504 Temporary Holding Kennel for loose pets 0 0 1505 Vehicle Sallyport 800 1 800 8001506Recovered Bicycle Storage 518 1 518 518 Locate storage of 30 recovered bikes with parking at City Hall. Remaining bike storage to be located at Municipal Service Center.1507 Communications Monopole Tower 200 1 200 200 80' total height above ground level 1508 Emergency Supplies (water, food)320 1 320 320 Consider site container 1509 Exterior Loading Dock 320 1 320 320 At grade with roll-up receiving door Subtotal 0 2,738 Internal Circulation 0 Departmental Gross Square Feet 2,738 SITE 03-19December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Architectural Program Palo Alto Public Safety Building August 17, 2015 Verified Architectural Program 20 PALO ALTO PUBLIC SAFETY BUILDING ARCHITECTURAL PROGRAM PA2032 Area Cir %Staff Units/ Rms NSF DGSF Comments PARKING STRUCTURE¹ SUPPORT SPACES Operations Support 1601 Garage Ventilation Equipment Room 400 25%0 0 0 Fire Administration 1602 Fire Administration Vehicles 400 25%4 1600 2000 Secure Parking 1603 Police Department Automobiles 450 25%54 24300 303751604Patrol Vehicle Radio Maintenance 486 25%1 486 608 1605 SWAT (/vehicle)500 25%1 500 625 1606 Motorcycles (/motor)32 25%7 224 2801607Cushmans48 25%8 384 480 Specialty Vehicles Secure Parking 1612 Director of Emergency Services Vehicle (DCV)400 25%1 400 500 8' w x 23' l x 13' h 1613 Mobile EOC (MEOC)615 25%1 615 769 15' w x 41' l x 14' h 1614 MEOC Support Vehicle (MSV)450 25%1 450 563 11' w x 27' l x 13' h Employee, Visitor Parking 0 1608 Employee Parking, and volunteers (calculated by 158 employees - 50 patrol not on duty) 375 25%102 38250 47813 1609 Visitor Parking 375 25%12 4500 5625 Can be co-located in C7 Parking Structure 1610 Fire Battalion Chief (B/C) Truck 375 25%1 375 469 8' w x 21' l x 11' h (includes antennas) Can park in the red zone or other grade- level parking 1611 Fire EMS Chief Truck 375 25%1 375 469 8' w x 23' l x 13' h Subtotal 194 1615 Vehicle Access Ramps verify 25%verify verify Ballistic Testing Area for Police Weapons Subtotal 0 72,459 Internal Circulation 18,115 Departmental Gross Square Feet 90,574 Notes ¹Parking space standard includes actual vehicle parking space plus an allowance for drive aisles, garage structure, and ramps PARKING 03-20 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Architectural Program 04-5December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Public Safety Building Options View from Birch St. & California Ave. View from California Ave. View from California Ave & Park Blvd. OPTION I I 04-9December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Public Safety Building Options View from California Ave & Park Blvd. View from California Ave. View from Birch St. & California Ave. II OPTION II 04-10 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Public Safety Building Options Opportunities Constraints OPTION IA three story scheme over an operational basement • City owned parcel avoids real estate acquisition costs • Public parking can be located on site • There is a screened/secured surface parking lot and open air operational staging area • Public entry and public-serving functions are adjacent and visible to the public rights-of-way • Provides a minimum perimeter security stand- off distance of 25’-0” • Setback zones can be landscaped as a community pedestrian amenity for streets that currently have narrow pedestrian ways • The building massing, setbacks and lot coverage all meet prevailing zoning regulations, and require no zoning exceptions • The height of the building, approximately 50’-0” has precedent in the neighborhood • The ramp to the subterranean parking and program areas is minimized in its visual impact on the pedestrian streetscape • The basement location for prisoner processing conceals the in-custody transfer process below grade • The compactness of the three story configuration locates all key operational zones in close proximity to each other • The third floor allows police functions there with greater access to light and view without creating a sight-line vulnerability • The EOC can be segregated (by floor) allowing added control of non-sworn personnel during activations • In addition, the extra floor provides a higher vantage point over the immediate area for tactical and security reasons • Some site area is available for future building expansion • Use of this site displaces existing public surface parking and requires the development of a new multi level public parking structure on the adjoining lot • The three story building may be perceived by some in the community as being “tall.” • Public access to adjacent alley creates an operational vulnerability • The courthouse roof is taller than the top floor of the PSB, creating a “overview” vulnerability OPTION IIA two story scheme with all ops functions above grade, and two stories of below-grade parking • City owned parcel avoids real estate acquisition costs • Except for a small group of oversize vehicles, all police parking is below grade. • Public entry and public-serving functions are adjacent and visible to the public rights-of-way • Provides a minimum perimeter security stand-off distance of 25’-0” • Setback zones can be landscaped as a community pedestrian amenity for streets that currently have narrow pedestrian ways • The configuration of this scenario’s building massing and setbacks meet the prevailing zon-ing regulations • The height of the building, approximately 35’-0”, is closer in scale to the one- and two-story retail buildings along California Avenue. • The ramp to the subterranean parking and program areas can be minimized in its visual impact on the pedestrian streetscape • Certain key functional areas will require stra-tegic design approaches to provide access to light and view without creating any sight-line vulnerabilities • Use of this site displaces existing public sur-face parking and requires the development of a new multi level public parking structure on the adjoining lot • Public parking is off-site, located across the street in the public parking structure pro-posed for Parcel B. • The lot coverage necessitated by limiting the building to two floors will require a zoning exception. • The temporary holding cells and vehicular sallyport are located at grade, meaning the in-custody transfer will require screening strategies to keep it out of view • The two-story approach is less operationally efficient, as the elongated building requires a larger building footprint and creates long distances between functions • Activation access to the EOC by non-sworn personnel will necessitate a card-key access protocols to prevent them from having ac-cess to other operational functions on the same floor • There is no significant above-grade option for staging police vehicles • No site area is available for future building expansion OPPORTUNITIES & CONSTRAINTS SUMMARY MATRIX This table summarizes the pros and cons of each site option as listed in preceding pages. 05-8 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Parking Garage Options 06-2 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, CaliforniaRough Order of Magnitude Rev2 10/08/15 Page 1. Project Introduction / Qualifications a.Introduction.............................................................................................................................................................. 3 2. Cost Summaries a.Construction Cost Summary.................................................................................................................................... 7 b.Estimate Summary Matrix........................................................................................................................................ 8 3. Control Areas a.Schedule Of Areas And Control Quantities.............................................................................................................. 10 4. Construction Cost Back Up a.Site Evaluation Study............................................................................................................................................... 12 TABLE OF CONTENTS Prepared by Cumming Page 2 of 18 475 SANSOME STREET, SUITE 520 • SAN FRANCISCO • CALIFORNIA • 94111 PHONE: 415-748-3080 • FAX: 415-748-3090 Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 Statement of Probable CostOctober 8, 2015Cumming Project No. 15-00861.00 Prepared for RossDrulisCusenbery Architecture, Inc. Site Evaluation Study PALO ALTO PUBLIC SAFETY BUILDING 06-3December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 10/08/15 1 Drawing Package dated 09/09/15 2 Basement, Above Grade Parking, and Tunnel Budgets, provided by designer, dated 09/22/2015 3 Revit Model Quantities 4 LEED Gold Certification Depending on the trade, subcontractor mark-ups can range from 10% to 30% of the raw cost for that particular item of work. It should be noted that Design Assist Sub Contractors may influence Sub Contractor costs. Design Allowances An allowance of 12.0% for undeveloped design details has been included in the summary of this estimate. As the design of each system is further developed, details which historically increase cost became apparent and must be incorporated into the estimate. Construction Schedule INTRODUCTION Project Description Basis of Estimate This estimate is based on the Rough Order of Magnitude Rev2 drawing package dated 09/09/2015, prepared by RossDrulisCusenbery Architecture, along with verbal direction by the architect and engineer. The Portion of Work for this estimate involves the Site Evaluation for the Palo Alto Public Safety Building. Two options are included in this study: a three-story above grade option (Option 1), and a two-story above-grade option (Option 2). Both options include below grade parking on Lot C6, and above grade parking on Lot C7. Costs for the parking component and associated tunnel have been included as provided by Watry Design, project parking consultants. Subcontractor's Mark-ups Costs included herein have been based upon a construction period of 24 months. Any costs for excessive overtime to meet accelerated schedule milestone dates are not included in this estimate. Basis for Quantities Wherever possible, this estimate has been based upon the actual measurement of different items of work. For the remaining items, parametric measurements were used in conjunction with references from other projects of a similar nature. Basis for Unit Costs Unit costs as contained herein are based on current Palo Alto, California - Prevailing Wage prices. Subcontractor’s overhead and profit is included in each line item unit cost. This overhead and profit covers each subcontractor’s cost for labor burden, materials and equipment sales taxes, field overhead, home office overhead, and profit. The general contractor’s overhead and profit is shown separately on the Summary. Sources for Pricing This estimate was prepared by a team of qualified cost consultants experienced in estimating construction costs at all stages of design. These consultants have used pricing data from Cumming’s database for construction, updated to reflect current conditions in the Palo Alto, California area. Prepared by Page 3 of 18 06-4 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, CaliforniaRough Order of Magnitude Rev2 10/08/15 INTRODUCTION Start Date Finish Date Design & Engineering Oct-15 Oct-15 -1 Days 0 Months 0.0 Years Construction Oct-15 Oct-17 730 Days 24 Months 2.0 Years Estimated start date:Oct-15 Estimated completion date: Oct-17 Midpoint of construction: Oct-16 Year Rate 2015 10.0% 2016 5.7% 2017 4.4% 2018 3.5% General Contractor's Overhead and Profit Jobsite general conditions, home office overhead, profit, and bond are shown on the Summary of this estimate. It is our opinion that for this project, a rate of 19.0% is appropriate to cover these mark-ups. (12.0% for General Conditions, 2.0% for Bonds & Insurance and 5.0% for Overhead and Profit) Schedule Duration Escalation Allowance For budgeting purposes escalation to the proposed start of construction, in accordance with the following per annum rates, must be added. All subcontract prices herein are reflective of current prices. Escalation has been included on the summary level to take through to a mid point of construction, assuming a start ot construction as of the date of this report. Ju n - 1 1 Oc t - 1 2 Ma r - 1 4 Ju l - 1 5 No v - 1 6 Ap r - 1 8 Design & Engineering Construction Executive Schedule Prepared by Page 4 of 18 Palo Alto Public Safety BuildingPalo Alto, CaliforniaRough Order of Magnitude Rev2 10/08/15INTRODUCTION Start Date Finish Date Design & Engineering Oct-15 Oct-15 -1 Days 0 Months 0.0 Years Construction Oct-15 Oct-17 730 Days 24 Months 2.0 Years Estimated start date:Oct-15 Estimated completion date: Oct-17 Midpoint of construction: Oct-16 Year Rate 2015 10.0% 2016 5.7% 2017 4.4% 2018 3.5% General Contractor's Overhead and Profit Jobsite general conditions, home office overhead, profit, and bond are shown on the Summary of this estimate. It is our opinion that for this project, a rate of 19.0% is appropriate to cover these mark-ups. (12.0% for General Conditions, 2.0% for Bonds & Insurance and 5.0% for Overhead and Profit) Schedule Duration Escalation Allowance For budgeting purposes escalation to the proposed start of construction, in accordance with the following per annum rates, must be added. All subcontract prices herein are reflective of current prices. Escalation has been included on the summary level to take through to a mid point of construction, assuming a start ot construction as of the date of this report. Ju n - 1 1 Oc t - 1 2 Ma r - 1 4 Ju l - 1 5 No v - 1 6 Ap r - 1 8 Design & Engineering Construction Executive Schedule Prepared by Page 4 of 18 For the purposes of this estimate, construction is assumed to start immediately and complete in 24 months. Estimate should be adjusted for escalation based on actual construction start date. 06-5December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 10/08/15 INTRODUCTION 1 2 3 1 Professional fees, inspections and testing. 2 3 Plan check fees and building permit fees. 4 Furnishings, fixtures and equipment (FF&E), except built-in cabinets, counters and other casework indicated. 5 Major site and building structures demolition unless noted in body of estimate. 6 Costs of offsite construction unless noted in estimate. 7 Construction contingency costs. 8 Computer-aided dispatch systems and consoles. Items Affecting the Cost Estimate Items which may change the estimated construction cost include, but are not limited to: 1 Modifications to the scope of work included in this estimate. 2 Restrictive technical specifications or excessive contract conditions. 3 Any specified item of equipment, material, or product that cannot be obtained from at least 3 different sources.4 Any other non-competitive bid situations. 5 Bids delayed beyond the projected schedule. Construction of a new Public Safety Building and associated Public Parking Structures in accordance with the Site Evaluation Study. Escalation beyond midpoint of construction, (10/07/16) Statement of Probable Cost Cumming has no control over the cost of labor and materials, the general contractor’s or any subcontractor’s method of determining prices, or competitive bidding and market conditions. This opinion of the probable cost of construction is made on the basis of the experience, qualifications, and best judgment of a professional consultant familiar with the construction industry. Cumming, however, cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from this or subsequent cost estimates. Cumming has no control over the quality, completeness, intricacy, constructability, or coordination of design documents. Cumming also has no control over the amount of funds available for the project. We, therefore, cannot be responsible for any design revision costs incurred in the event that this estimate is in excess of the budget. Cumming’s staff of professional cost consultants has prepared this estimate in accordance with generally accepted principles and practices. This staff is available to discuss its contents with any interested party. Items Excluded from the Base Estimate Items Included in the Estimate Construction Contingency It is prudent for all program budgets to include an allowance for change orders which occur during construction. These change orders normally increase the cost of the project. It is recommended that a 5 - 10% contingency is carried in this respect. These costs are not included within this estimate. "Below the Line" allowances for incorporation of seismic base isolation of the Public Safety Building, and incorporation of a below-grade shooting range into the program. Utility relocation allowance at construction of the new below-grade tunnel. Prepared by Page 5 of 18 06-6 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 10/08/15 INTRODUCTION Cumming recommends that the Owner and the Architect carefully review this entire document to insure that it reflects their design intent. Requests for modifications of any apparent errors or omissions to this document must be made to Cumming within ten days of receipt of this estimate, otherwise, it will be understood that the contents have been concurred with and accepted. If the project is over budget, or there are unresolved budgeting issues, alternate systems/schemes should be evaluated before proceeding into further design phases. It is recommended that further cost estimates be prepared throughout design by Cumming to determine overall cost changes subsequent to the preparation of this preliminary estimate. These future estimates will have detailed breakdowns indicating materials by type, kind, and size, priced by their respective units of measure. Recommendations for Cost Control Prepared by Page 6 of 18 06-7December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 10/08/15 Element Area Cost / SF Total OPTION 1 - THREE STORY 1.Building 45,512 sf $680.96 $30,991,835 2.Sitework 52,272 sf $70.46 $3,683,056 3.Basement Parking - Cost Provided by Designer 91,500 sf $120.00 $10,980,000 4.Connecting Tunnel to Public Parking - Cost Provided by Designer $700,000 5.Utility Relocation Allowance, Tunnel Only $250,000 TOTAL ESTIMATED CONSTRUCTION COST - OPTION 1 - THREE STORY $46,604,892 OPTION 2 - TWO STORY 1.Building 48,495 sf $740.82 $35,926,038 2.Sitework 52,272 sf $55.11 $2,880,513 3.Basement Parking - Cost Provided by Designer 99,465 sf $120.00 $11,935,800 4.Connecting Tunnel to Public Parking - Cost Provided by Designer $700,000 5.Utility Relocation Allowance, Tunnel Only $250,000 TOTAL ESTIMATED CONSTRUCTION COST - OPTION 2 - TWO STORY $51,692,351 PUBLIC PARKING STRUCTURE 1.Above-Grade Parking - Cost Provided by Designer 151,340 sf $65.50 $9,912,831 2.Miscellaneous Site Development / Finished Site 43,560 sf $8.00 $348,480 TOTAL ESTIMATED CONSTRUCTION COST - PUBLIC PARKING STRUCTURE $10,261,311 Alternates 1.Seismic Base Isolation (PSB Only )- Allow Pending Design 48,495 sf $50.00 $2,500,000 2.Below-Grade Shooting Range, Including Allowance for Utility Relocation 2,981 sf $600.00 $1,800,000 CONSTRUCTION COST SUMMARY Prepared by Cumming Page 7 of 18 OF LEAST EXPENSIVE OPTIONS 06-8 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety BuildingPalo Alto, CaliforniaEstimate Summary MatrixRough Order of Magnitude Rev2 10/08/15 Element Subtotal Total Cost/SF Subtotal Total Cost/SF Subtotal Total Cost/SF Subtotal Total Cost/SF Subtotal Total Cost/SF Subtotal Total Cost/SF A) Shell (1-5)$7,471,912 $164.17 $7,471,912 $164.17 $10,665,121 $219.92 $10,665,121 $219.92 1 Foundations $485,120 $10.66 $485,120 $10.66 $514,950 $10.62 $514,950 $10.622 Vertical Structure $855,000 $18.79 $855,000 $18.79 $900,000 $18.56 $900,000 $18.56 3 Floor & Roof Structures $1,836,924 $40.36 $1,836,924 $40.36 $2,045,678 $42.18 $2,045,678 $42.18 4 Exterior Cladding $3,218,288 $70.71 $3,218,288 $70.71 $5,949,543 $122.68 $5,949,543 $122.685 Roofing and Waterproofing $1,076,580 $23.65 $1,076,580 $23.65 $1,254,951 $25.88 $1,254,951 $25.88 B) Interiors (6-7)$4,793,632 $105.33 $4,793,632 $105.33 $4,671,833 $96.34 $4,671,833 $96.346 Interior Partitions, Doors and Glazing $3,219,736 $70.74 $3,219,736 $70.74 $2,999,498 $61.85 $2,999,498 $61.85 7 Floor, Wall and Ceiling Finishes $1,573,896 $34.58 $1,573,896 $34.58 $1,672,335 $34.48 $1,672,335 $34.48 C) Equipment and Vertical Transportation (8-9)$1,452,721 $31.92 $1,452,721 $31.92 $1,373,800 $28.33 $1,373,800 $28.338 Function Equipment and Specialties $852,721 $18.74 $852,721 $18.74 $933,800 $19.26 $933,800 $19.26 9 Stairs and Vertical Transportation $600,000 $13.18 $600,000 $13.18 $440,000 $9.07 $440,000 $9.07D) Mechanical and Electrical (10-13)$7,880,928 $173.16 $7,880,928 $173.16 $8,327,243 $171.71 $8,327,243 $171.71 10 Plumbing Systems $1,063,548 $23.37 $1,063,548 $23.37 $1,098,357 $22.65 $1,098,357 $22.65 11 Heating, Ventilation and Air Conditioning $2,321,112 $51.00 $2,321,112 $51.00 $2,473,245 $51.00 $2,473,245 $51.0012 Electrical Lighting, Power and Communications $4,173,196 $91.69 $4,173,196 $91.69 $4,414,670 $91.03 $4,414,670 $91.03 13 Fire Protection Systems $323,072 $7.10 $323,072 $7.10 $340,970 $7.03 $340,970 $7.03E) Site Construction (14-16)$2,566,839 $49.11 $2,566,839 $56.40 $2,007,521 $38.41 $2,007,521 $41.40 14 Site Preparation and Demolition $348,292 $6.66 $348,292 $7.65 $348,292 $6.66 $348,292 $7.18 15 Site Paving, Structures & Landscaping $1,896,547 $36.28 $1,896,547 $41.67 $1,337,229 $25.58 $1,337,229 $27.5716 Utilities on Site $322,000 $6.16 $322,000 $7.08 $322,000 $6.16 $322,000 $6.64 Subtotal Cost $21,599,193 $474.58 $2,566,839 $49.11 $24,166,032 $530.98 $25,037,996 $516.30 $2,007,521 $38.41 $27,045,516 $557.70 General Conditions 12.0%$2,591,903 $56.95 $308,021 $5.89 $2,899,924 $63.72 $3,004,559 $61.96 $240,902 $4.61 $3,245,462 $66.92Bonds & Insurance 2.0%$483,822 $10.63 $57,497 $1.10 $541,319 $11.89 $560,851 $11.57 $44,968 $0.86 $605,820 $12.49 General Contractor Fee 5.0%$1,233,746 $27.11 $146,618 $2.80 $1,380,364 $30.33 $1,430,170 $29.49 $114,670 $2.19 $1,544,840 $31.86Design Contingency 12.0%$3,109,040 $68.31 $369,477 $7.07 $3,478,517 $76.43 $3,604,029 $74.32 $288,967 $5.53 $3,892,997 $80.28 Escalation to MOC, 10/07/16 6.80%$1,974,132 $43.38 $234,605 $4.49 $2,208,737 $48.53 $2,288,433 $47.19 $183,484 $3.51 $2,471,917 $50.97 Total Construction Cost $30,991,835 $680.96 $3,683,056 $70.46 $34,674,892 $761.88 $35,926,038 $740.82 $2,880,513 $55.11 $38,806,551 $800.22 6. Option 2 TOTAL 48,495 sf 5. Option 2 - Sitework 52,272 sf 1. Option 1 45,512 sf 4. Option 2 48,495 sf 3. Option 1 TOTAL 45,512 sf 2. Option 1 - Sitework 52,272 sf Prepared by Cumming Page 8 of 18 Palo Alto Public Safety BuildingPalo Alto, CaliforniaRough Order of Magnitude Rev2 Schedule of Areas and Control Quantities Prepared by Page 9 of 18 PSB OPTIONS l & ll COST COMPARISON TABLE 06-9December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Cost Estimates Palo Alto Public Safety BuildingPalo Alto, CaliforniaRough Order of Magnitude Rev2 Schedule of Areas and Control Quantities Prepared by Page 9 of 18 Palo Alto Public Safety Building Schedule of Areas and Control Quantities Rough Order of Magnitude Rev2 Option 1 Option 2 Schedule of Areas Three Story Two Story 1. Enclosed Areas (x 100%) Building Areas Basement Level 1 9,157 1,909 ## Basement Level 2 - 501 ## Level 1 13,076 22,672 ## Level 2 10,877 23,413 ## Level 3 12,403 - ## Site Areas Waste Enclosure, Bicycles, Equipment Yard Unenclosed Unenclosed Total Enclosed 45,512 48,495 # Control Quantities Option 1 Option 2 U/M Gross Area 45,512 48,495 sf Enclosed Area 45,512 48,495 sf Footprint (Building Only, Not Including Parking)13,076 22,672 sf Number of Stories 5 4 lf Height of typical floor 15.0 15.0 lf Height of Building (Above Grade)45 30 lf Basement Retaining Wall Area with Parking with Parking sf Gross Facade Area (incl parapets)26,000 47,800 sf Finished Façade Wall Area (excl glazing), 35%16,900 31,000 sf Façade Windows or Glazing Area, 35%9,100 16,800 sf Roof Area - Total 13,076 23,413 sf Soffit Areas 1,526 741 sf LF of Interior Partition 6,922 6,189 lf Doors, Single 178 181 ea Doors, Double 15 18 pr Plumbing Fixtures 90 80 ea Elevators 6 4 stop Stairs 4 4 flt Total Site Area 52,272 52,272 sf Finished Site Area 39,196 29,600 sf 10/08/15 Prepared by Page 10 of 18 06-10 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety BuildingPalo Alto, CaliforniaRough Order of Magnitude Rev2 Site Evaluation Study Prepared by Cumming Page 11 of 18 Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 10/08/15 DETAIL ELEMENTS - Site Evaluation Study Element Quantity Unit Unit Cost Total Quantity Unit Unit Cost Total Option 2Option 1 1 Foundations Foundations, Shallow - Incremental Increase over Foundations included with Parking 45,512 gsf $10.00 $455,120 48,495 gsf $10.00 $484,950 Elevator Pits 2 ea $15,000.00 $30,000 2 ea $15,000.00 $30,000 Base Isolation Premium See Summary See Summary Total - Foundations $485,120 $514,950 2 Vertical Structure Basement Walls Included with Parking Included with Parking Excavation Included with Parking Included with Parking Steel Columns and Traditional Braced Frames, 8psf 190 tn $4,500.00 $855,000 200 tn $4,500.00 $900,000 Total - Vertical Structure $855,000 $900,000 3 Floor & Roof Structures Slab On Grade 13,076 sf Included with Parking 22,672 sf Included with Parking Floor and Roof Framing Steel beams and girders, 10psf 230 tn $4,750.00 $1,092,500 250 tn $4,750.00 $1,187,500 Concrete fill over metal deck 45,512 gsf $12.00 $546,144 48,495 gsf $12.00 $581,940 Miscellaneous Misc. support steel for precast concrete walls 16,900 wsf $5.00 $84,500 31,000 wsf $5.00 $155,000 Miscellaneous metals, concrete, and curbs 45,512 gsf $2.50 $113,780 48,495 gsf $2.50 $121,238 Total - Floor & Roof Structures $1,836,924 $2,045,678 4 Exterior Cladding Exterior Framed Walls Precast concrete walls, including furred walls and waterproofing to interior face of exterior wall 16,900 wsf $100.00 $1,690,000 31,000 wsf $100.00 $3,100,000 Exterior Glazing Curtain wall, storefront, etc.9,100 sf $125.00 $1,137,500 16,800 sf $125.00 $2,100,000 Ballistic glazing premium 1,520 sf $100.00 $152,000 4,200 sf $100.00 $420,000 Doors Lobby entrance doors 1 pr $10,000.00 $10,000 1 pr $10,000.00 $10,000 Back of house doors Prepared by Cumming Page 12 of 18 06-11December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 10/08/15 DETAIL ELEMENTS - Site Evaluation Study Element Quantity Unit Unit Cost Total Quantity Unit Unit Cost Total Option 2Option 1 Single 1 ea $2,500.00 $2,500 6 ea $2,500.00 $15,000 Double 2 pr $4,250.00 $8,500 Vehicle sallyort doors at detention 2 ea $10,000.00 $20,000 2 ea $10,000.00 $20,000 Miscellaneous Soffit finish 1,526 sf $50.00 $76,288 741 sf $50.00 $37,043 Canopies, trelliage, and miscellaneous detailing of exterior wall 26,000 wsf $5.00 $130,000 47,800 wsf $5.00 $239,000 Total - Exterior Cladding $3,218,288 $5,949,543 5 Roofing and Waterproofing Waterproofing Basement retaining walls Included with Parking Included with Parking Slabs on grade Included with Parking Included with Parking Parking roof slab 37,211 sf $15.00 $558,170 28,328 sf $15.00 $424,915 Roofing Roofing finish, specialties, etc.13,076 sf $20.00 $261,513 23,413 sf $20.00 $468,264 Rear face of parapets 2,600 sf $15.00 $39,000 8,000 sf $15.00 $120,000 Sheetmeal Parapet caps 516 lf $35.00 $18,060 1,585 lf $35.00 $55,475 Miscellaneous sheetmetal 45,512 gsf $0.50 $22,756 48,495 gsf $0.50 $24,248 Miscellaneous Roof Specialties 13,076 sf $2.00 $26,151 23,413 sf $2.00 $46,826 Skylights Lightwell skylight 900 sf $150.00 $135,000 655 sf $150.00 $98,250 Caulking and Sealants 45,512 gsf $0.35 $15,929 48,495 gsf $0.35 $16,973 Total - Roofing and Waterproofing $1,076,580 $1,254,951 6 Interior Partitions, Doors and Glazing Interior Partitions and Doors Partitions 6,922 lf $300.00 $2,076,600 6,189 lf $300.00 $1,856,700 Premium for CMU or similar for parking level, detention, etc.45,512 gsf $7.00 $318,584 48,495 gsf $7.00 $339,465 Interior Glazing, Allowance 45,512 gsf $2.00 $91,024 48,495 gsf $2.00 $96,990 Premium for fire rated glazing, allow 45,512 gsf $1.50 $68,268 48,495 gsf $1.50 $72,743 Railings 35 lf $400.00 $14,000 lf $400.00 Interior Doors Single 157 ea $2,200.00 $345,400 155 ea $2,200.00 $341,000 Prepared by Cumming Page 13 of 18 06-12 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, California Rough Order of Magnitude Rev2 10/08/15 DETAIL ELEMENTS - Site Evaluation Study Element Quantity Unit Unit Cost Total Quantity Unit Unit Cost Total Option 2Option 1 Double 14 pr $3,740.00 $52,360 15 pr $3,740.00 $56,100 Detention doors 20 ea $5,500.00 $110,000 20 ea $5,500.00 $110,000 Upgraded hardware and doors, allowance 185 ea $500.00 $92,500 185 ea $500.00 $92,500 Elevator smoke curtains 6 ea $8,500.00 $51,000 4 ea $8,500.00 $34,000 Total - Interior Partitions, Doors and Glazing $3,219,736 $2,999,498 7 Floor, Wall and Ceiling Finishes Floors Floor finishes 45,512 gsf $10.00 $455,120 48,495 gsf $10.00 $484,950 Raised floors, allow at EOC, Comms, etc 4,000 sf $18.00 $72,000 4,000 sf $18.00 $72,000 Vapor membrane 45,512 gsf $3.00 $136,536 48,495 gsf $3.00 $145,485 Walls Wall finishes 45,512 gsf $5.00 $227,560 48,495 gsf $5.00 $242,475 Ceilings Ceiling finishes 45,512 gsf $15.00 $682,680 48,495 gsf $15.00 $727,425 Total - Floor, Wall and Ceiling Finishes $1,573,896 $1,672,335 8 Function Equipment and Specialties Toilet Cubicles ADA 10 ea $1,500.00 $15,000 8 ea $1,500.00 $12,000 Standard 22 ea $1,300.00 $28,600 16 ea $1,300.00 $20,800 Urinal screens 5 ea $550.00 $2,750 4 ea $550.00 $2,200 Toilet / Restroom Specialties Core restroom 32 ea $750.00 $24,000 24 ea $750.00 $18,000 Shower specialties, surrounds, etc.9 ea $5,000.00 $45,000 9 ea $5,000.00 $45,000 Building Specialties Markerboards, tackboards, etc.45,512 gsf $0.25 $11,378 48,495 gsf $0.25 $12,124 Signage 45,512 gsf $1.50 $68,268 48,495 gsf $1.50 $72,743 Projection screens 45,512 gsf $0.50 $22,756 48,495 gsf $0.50 $24,248 Projector mounting brackets 45,512 gsf $0.35 $15,929 48,495 gsf $0.35 $16,973 Projectors Excluded Excluded Lockers, PD 99 ea $500.00 $49,500 99 ea $500.00 $49,500 Lockers, Dispatch 20 ea $500.00 $10,000 99 ea $500.00 $49,500 Window Coverings, Allow 25% of Glazing 2,280 sf $15.00 $34,200.00 4,200 sf $15.00 $63,000 Prepared by Cumming Page 14 of 18 06-13December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, CaliforniaRough Order of Magnitude Rev2 10/08/15 DETAIL ELEMENTS - Site Evaluation Study Element Quantity Unit Unit Cost Total Quantity Unit Unit Cost Total Option 2Option 1 Building Casework 45,512 gsf $3.50 $159,292 48,495 gsf $3.50 $169,733 MiscellaneousPublic lobby seating, community seating, beds in support space, residential equipment Assume FF&E Assume FF&E Fitness room mirrors 1 ls $27,000.00 $27,000 1 ls $27,000.00 $27,000 Property storage 785 sf $200.00 $157,000 785 sf $200.00 $157,000 Miscellaneous equipment 45,512 gsf $4.00 $182,048 48,495 gsf $4.00 $193,980 Total - Function Equipment and Specialties $852,721 $933,800 9 Stairs and Vertical Transportation Stairs Exit stairs 4 flt $30,000.00 $120,000 4 flt $30,000.00 $120,000 Elevators Passenger elevator 3 stop $60,000.00 $180,000 2 stop $60,000.00 $120,000 Police elevator 3 stop $100,000.00 $300,000 2 stop $100,000.00 $200,000 Total - Stairs and Vertical Transportation $600,000 $440,000 10 Plumbing Systems Fixtures, Including Rough-inDetention 6 ea $6,000.00 $36,000 6 ea $6,000.00 $36,000 Sink 25 ea $1,800.00 $45,000 23 ea $1,800.00 $41,400 Water closet 36 ea $1,900.00 $68,400 30 ea $1,900.00 $57,000 Urinal 9 ea $1,850.00 $16,650 6 ea $1,850.00 $11,100 Shower 9 ea $2,500.00 $22,500 10 ea $2,500.00 $25,000 Mop sink 5 ea $3,000.00 $15,000 5 ea $3,000.00 $15,000 Sensors 70 ea $225.00 $15,750 59 ea $225.00 $13,275 Floor drains, allowance 45,512 gsf $0.40 $18,205 48,495 gsf $0.40 $19,398 Equipment 45,512 gsf $1.25 $56,890 48,495 gsf $1.25 $60,619 Supply, Distribution 45,512 gsf $3.50 $159,292 48,495 gsf $3.50 $169,733 Waste, Vent 45,512 gsf $4.60 $209,355 48,495 gsf $4.60 $223,077 Rainwater 45,512 gsf $2.50 $113,780 48,495 gsf $2.50 $121,238 Rainwater Harvesting, Storage, Filtration, for Irrigation 45,512 gsf $2.50 $113,780 48,495 gsf $2.50 $121,238 Solar Water Panels 45,512 gsf $1.75 $79,646 48,495 gsf $1.75 $84,866 Miscellaneous Prepared by Cumming Page 15 of 18 06-14 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, CaliforniaRough Order of Magnitude Rev2 10/08/15 DETAIL ELEMENTS - Site Evaluation Study Element Quantity Unit Unit Cost Total Quantity Unit Unit Cost Total Option 2Option 1 Condensate 45,512 gsf $0.30 $13,654 48,495 gsf $0.30 $14,549 Gas 45,512 gsf $0.50 $22,756 48,495 gsf $0.50 $24,248 Kitchen Excluded Excluded Testing, start-up, BIM, etc.45,512 gsf $1.25 $56,890 48,495 gsf $1.25 $60,619 Total - Plumbing Systems $1,063,548 $1,098,357 11 Heating, Ventilation and Air Conditioning Wet Side Equipment 45,512 gsf $9.00 $409,608 48,495 gsf $9.00 $436,455 Chilled and Hot Water Distribution 45,512 gsf $6.00 $273,072 48,495 gsf $6.00 $290,970 Dry Side Equipment 45,512 gsf $11.00 $500,632 48,495 gsf $11.00 $533,445 Ductwork and Air Distribution 45,512 gsf $15.00 $682,680 48,495 gsf $15.00 $727,425 Controls 45,512 gsf $6.50 $295,828 48,495 gsf $6.50 $315,218 Test and Balance 45,512 gsf $1.00 $45,512 48,495 gsf $1.00 $48,495 Miscellaneous HVAC 45,512 gsf $2.50 $113,780 48,495 gsf $2.50 $121,238 Total - Heating, Ventilation and Air Conditioning $2,321,112 $2,473,245 12 Electrical Lighting, Power and Communications Normal and Emergency Service and Distribution 45,512 gsf $15.00 $682,680 48,495 gsf $15.00 $727,425 HVAC 45,512 gsf $2.50 $113,780 48,495 gsf $2.50 $121,238 Lighting & Controls 45,512 gsf $30.00 $1,365,360 48,495 gsf $30.00 $1,454,850 Convenience Power 45,512 gsf $8.00 $364,096 48,495 gsf $8.00 $387,960 Specialty Systems Fire alarm 45,512 gsf $5.50 $250,316 48,495 gsf $5.50 $266,723 Telecomm, conduit and boxes, not including cable / terminations 45,512 gsf $3.00 $136,536 48,495 gsf $3.00 $145,485 PA, assistive listening 45,512 gsf $2.50 $113,780 48,495 gsf $2.50 $121,238 Duress 45,512 gsf $1.00 $45,512 48,495 gsf $1.00 $48,495 AV rough conduit and boxes 45,512 gsf $3.00 $136,536 48,495 gsf $3.00 $145,485 Security rough conduit and boxes 45,512 gsf $4.00 $182,048 48,495 gsf $4.00 $193,980 Master clock system 45,512 gsf $1.00 $45,512 48,495 gsf $1.00 $48,495 CATV rough conduit and boxes 45,512 gsf $2.00 $91,024 48,495 gsf $2.00 $96,990DAS45,512 gsf $0.75 $34,134 48,495 gsf $0.75 $36,371 Emergency generator, diesel, 500kW, transfer switch, 3 day fuel tank, exterior 1 ls $414,000.00 $414,000 1 ls $414,000.00 $414,000 Prepared by Cumming Page 16 of 18 06-15December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, CaliforniaRough Order of Magnitude Rev2 10/08/15 DETAIL ELEMENTS - Site Evaluation Study Element Quantity Unit Unit Cost Total Quantity Unit Unit Cost Total Option 2Option 1 40' rooftop mounted monopole antennae tower 1 ls $75,000.00 $75,000 1 ls $75,000.00 $75,000 Miscellaneous Electrical 45,512 gsf $2.70 $122,882 48,495 gsf $2.70 $130,937 Total - Electrical Lighting, Power and Communications $4,173,196 $4,414,670 13 Fire Protection Systems Wet-pipe sprinklers 45,512 gsf $6.00 $273,072 48,495 gsf $6.00 $290,970 Fire pump Assume Not Required Assume Not Required Speciatly Fire Protection Systems, Allowance 1 ls $50,000.00 $50,000 1 ls $50,000.00 $50,000 Total - Fire Protection Systems $323,072 $340,970 14 Site Preparation and Demolition Site Clearance / Demolition Building demolition None / NIC None / NIC Remove existing paving, landscaping, etc.52,272 sf $3.00 $156,816 52,272 sf $3.00 $156,816 Utility Demolition, Allowance 1 ls $100,000.00 $100,000 1 ls $100,000.00 $100,000 Excavation Shoring Incl. w/ Parking Incl. w/ Parking Earthwork Field staking / layout 52,272 sf $0.25 $13,068 52,272 sf $0.25 $13,068 Clear and grub site Incl. w/ Demo Incl. w/ Demo Fine grade (see excavation / bldg. earthwork for balance)52,272 sf $1.00 $52,272 52,272 sf $1.00 $52,272 Erosion control 52,272 sf $0.50 $26,136 52,272 sf $0.50 $26,136 Total - Site Preparation and Demolition $348,292 $348,292 15 Site Paving, Structures & Landscaping Vehicular and Pedestrian Paving, Landscaping, Site Development, Site Drainage, Lighting, Walls - Finished Site Area 39,196 sf $35.00 $1,371,872 29,600 sf $35.00 $1,035,989 Site Walls (Waste Enclosure, Bicycles, Etc.), Allow CMU 565 lf $495.00 $279,675 452 lf $495.00 $223,740 Doors in Above, per Leaf 12 ea $2,500.00 $30,000 5 ea $2,500.00 $12,500Vehicular Sliding Gates (Not Impact Rated), 30'2 ea $32,500.00 $65,000 Vehicular Sliding Gates (Not Impact Rated), 40'1 ea $40,000.00 $40,000 Prepared by Cumming Page 17 of 18 06-16 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Study Cost Estimates Palo Alto Public Safety Building Palo Alto, CaliforniaRough Order of Magnitude Rev2 10/08/15 DETAIL ELEMENTS - Site Evaluation Study Element Quantity Unit Unit Cost Total Quantity Unit Unit Cost Total Option 2Option 1 Vehicular Sliding Gates (Not Impact Rated), 55'1 ea $50,000.00 $50,000 Garage Exit Stair Enclosure, All Trades 1 ls $125,000.00 $125,000 Total - Site Paving, Structures & Landscaping $1,896,547 $1,337,229 16 Utilities on Site Utility Allowances Fire water 200 lf $125.00 $25,000 200 lf $125.00 $25,000 Fire water specialties (valves, manholes, etc.)1 ls $13,000.00 $13,000 1 ls $13,000.00 $13,000 Domestic water 200 lf $100.00 $20,000 200 lf $100.00 $20,000 Domestic water specialties (valves, manholes, etc.)1 ls $10,000.00 $10,000 1 ls $10,000.00 $10,000 Sanitary sewer 200 lf $120.00 $24,000 200 lf $120.00 $24,000 Sanitary sewer specialties (valves, manholes, etc.)1 ls $12,000.00 $12,000 1 ls $12,000.00 $12,000 Gas 200 lf $60.00 $12,000 200 lf $60.00 $12,000 Gas specialties (valves, manholes, etc.)1 ls $6,000.00 $6,000 1 ls $6,000.00 $6,000 Electrical service and site security 1 ls $150,000.00 $150,000 1 ls $150,000.00 $150,000 Telecommunications 1 ls $50,000.00 $50,000 1 ls $50,000.00 $50,000 Total - Utilities on Site $322,000 $322,000 Prepared by Cumming Page 18 of 18 07-2 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Studies Comments POLICE DEPARTMENT ADDITIONAL COMMENTS The following comments are provided by the Palo Alto Public Safety providers to be considered during the design phase of the project. OPTION A STATUS ADDITIONAL COMMENTS We would still like to address the alley access in the future (possibly restricted?) Acknowledged. To be addressed during SD. Complicating factors include the need to access the rear of California Avenue retail functions; for at least one business, the alley appears to provide the accessible parking for the business. Considerations for restricted access to the alley should be addressed early in the design phase. Would suggest adding a loading dock or truck delivery area, with some sort of elevator access down to property and evidence or the armory for heavy items. Acknowledged. To be addressed during SD. This is achievable for Option 1. Perhaps the loading area above can include a “viewing area component” for property and evidence (side window, staff entrance on the Sherman side?) Acknowledged. To be addressed during SD. This is potentially feasible. Additional study required. Some Large Vehicles are missing, SWAT, MOFU (Mobile Forensic Unit), and an occasional visiting animal control truck. Incorporated. Would love to keep the locker rooms and the break room on the first floor if at all possible with patrol. (this means we will have to give up something else on this level). Limits officers’ vertical movement to an operational ground level and basement, a plus. Acknowledged. To be addressed during SD. Down the road, need to add 3-4 staff for Technology division on the third floor. Acknowledged. To be implemented during SD. Can you confirm the number of parking spaces? Seems to be fewer in Option One. Clarified in column to right. Total parking count is schematic. Other parking space options exist and will be developed during design phase. PSB Option I: Admin/Patrol = 58 Stalls. Staff/Visitor = 114 stalls (incl. non-secure) Motorcycles = 7 PSB Option II: Admin/Patrol = 58 Stalls. Motorcycles = 7 Staff = 109 stalls Visitor = Public Parking Structure The PD agrees with the idea of swapping Admin and ISD locations to bring the Chiefs’ offices out to a more prominent position and better view. Acknowledged. To be implemented during SD. 07-3December 14, 2015 PALO ALTO PUBLIC SAFETY BUILDINGSite Evaluation Studies Comments OPTION A STATUS ADDITIONAL COMMENTS Want to continue to explore the option of adding a 25 yard indoor range. Acknowledged. To be addressed during SD. Adding this is feasible. Additional study rquired. Want to discuss the Monopole further re: location, design and required equipment. Some equipment may stay at City Hall. Acknowledged. To be addressed during SD. Seismic base isolation should be a core element.Acknowledged. To be addressed during SD. Provide 2 different phone/fiber feeds (not on same side of building) and provide redundancy for other critical utilities such as electric, water, etc. Acknowledged. To be addressed during SD. The HVAC system should have provisions for Chemical Biological Radiological Nuclear (CBRN) filters due to the proximity to the rail line and HazMat routinely traversing. An isolated HVAC (positive pressure) system for the Loading Dock/Mail Room (1509) - best practice for anthrax, etc. should also be considered. Acknowledged. To be addressed during SD. The diesel fuel storage should be 14 days or greater with possible provisions to pump from the generator diesel tanks to fuel diesel vehicles or otherwise use the fuel (relates to cost savings vs. dealing with "stale" fuel). Acknowledged. To be addressed during SD. Consider provisions for photovoltaic (PV) solar panels, wind turbines, etc. Solar-covered parking for Visitor Lot and/or Above-Ground Secured Yard/Lot. Consider a transfer switch and connection so that a generator trailer could be connected in the event the main PSB generator were down. Acknowledged. To be addressed during SD. Provide provision for future electric vehicles (pre-wire, breaker panel capacity). Acknowledged. To be addressed during SD. Consider a closed façade for the (East) side of the new parking garage that faces the PSB to 1) prevent firearms attacks and 2) mitigate deliberate or accidental blasts/fires from vehicles parked there. Acknowledged. To be addressed during SD. Consider a 10,000+ gal. water storage tank [or multiple tanks, located in interstitial spaces. This could be plumbed such that the tank(s) connect to the water main(s) and then feed the building, so are constantly refreshed. The 320 sq. ft. Emergency Supplies storage room is too small to include sufficient water. Acknowledged. To be addressed during SD. Consider excavating and "holding" the area under Birch (etc.) for a future firing range. Acknowledged. To be addressed during SD. 07-4 PALO ALTO PUBLIC SAFETY BUILDING December 14, 2015Site Evaluation Studies Comments Public Safety Building and California Avenue Parking Garage Project Comments and Responses from 11/18/2015 Community Meeting # Paraphrased Questions Staff Response 1 Constructing the PSB on Lot C-6 will cause the loss of convenient parking behind the adjacent businesses on California Avenue. Can 1 row of parking be added along Jacaranda Lane? In both conceptual PSB options, Jacaranda Lane would continue to be used for deliveries and garbage bin storage. Jacaranda Lane does represent a security concern for the new PSB. It is not possible add a row of public parking in the space and maintain minimum security setbacks for the PSB. 2 How will a PSB affect businesses in the area? Is there any information available from other areas? Staff is not aware of specific research about changes to neighborhoods following the development of new public safety buildings. The current police station at 275 Forest Avenue does not appear to have detrimental effects on the surrounding neighborhood. 3 How often do police leave the PSB with full lights and sirens on? Won’t officers be delayed by large crowds of Caltrain patrons going to and from the nearby train station? Most patrol vehicles respond to incidents after they are already deployed in the field. Very few incidents require deployment from patrol vehicles that are still located in the building. When police vehicles do leave with lights and sirens, crowds and traffic typically clear a path for the emergency vehicles. 4 Traffic is very bad on Park Boulevard and there are lots of bikes. Why not combine police services with the fire stations for a distributed network? Why centralize in a single HQ? Fire stations are currently sized for housing only fire personnel. Creating a decentralized network of stations to house the additional police records, fire administration, and emergency personnel is not practical or less expensive. The PSB will contain a large emergency operations center, evidence storage, administrators, and the central dispatch 911 call center. Public Safety Building and California Avenue Parking Garage Project Comments and Responses from 11/18/2015 Community Meeting 5 The groundwater under the vicinity of Lots C-6 and C-7 is contaminated with a plume of chlorinated hydrocarbons. This known issue will be mitigated during final design with vapor barriers and construction techniques. The current nearby construction for 385 Sherman has not encountered soil pollution or groundwater contamination. 6 Park Boulevard is very heavily used by bicycles commuters. Is it possible to relocate the conceptual visitor parking lot driveway to Sherman Avenue? The PSB options are conceptual. It is very possible to make this change when the project begins full design. 7 The PSB should be sized for the worst case scenario. Plan for more growth than expected. What expansion capability is possible? The 3-story PSB shown in Option 1 contains expansion potential over the outdoor secure parking area. Both options contain expansion potential by relocating evidence storage to another location if needed. 8 The options show a proposed community room. For whom is this room? The program for the community room has not yet been established. It is shown as a placeholder. 9 Where is the safest location for the Emergency Operations Center (EOC)? The EOC should be housed in a building constructed to Essential Services Building Standards. The new PSB will meet this standard and provide a high likelihood of operational space during and immediately after a disaster. Public Safety Building and California Avenue Parking Garage Project Comments and Responses from 11/18/2015 Community Meeting 10 How many workers will be added to the area by the new building? There are 158 total staff included in the program for the new PSB. Police patrol and 911 operators (88 total staff) are split over shifts for round-the-clock coverage. The shift split may vary over time depending on seasonal conditions and changing safety needs. 11 Consider digging out the alleys to provide even more parking. Is this possible? It is possible to expand the underground parking area below Jacaranda Lane. This would require re-routing the underground electrical and communications lines serving the adjacent buildings on California Avenue. Some of those buildings area also built very close to the alley, so extensive protective shoring would be needed. 12 I don't see any space for Animal Services drop-off / holding. My understanding is that on evenings and weekends (when Animal Services is closed), drop offs of strays... can be done at PD in City Hall. I don't know how this is handled, for example, they may have collapsible cages that they put in offices that aren't being used at the moment. The Police Department currently has a portable kennel in the police garage. Occasionally, it is used for a found dog overnight. There is no permanent structure nor is there a need. For urgent needs, an animal control officer is called in. # Public Comments from Community Meeting on 11/18/2015 1 There is a choke point at Park Boulevard and Oregon Expressway. 2 Build a bigger parking garage now. Spend extra and make it as large as possible before the opportunity is lost. 3 Surface parking stalls are more convenient than garages. 4 Size the emergency generator for at least one week. Add solar cells. Harden the building against assault. Add more parking if possible. 5 Garages can be ugly. Make it attractive because it will be here for a long time. Supports Parking Garage Option C with the retail component. Public Safety Building and California Avenue Parking Garage Project Comments and Responses from 11/18/2015 Community Meeting 6 As a business owner, my employees need parking. Employees are living very far from Palo Alto due to the high cost of housing. Parking is still very important for some activities like dinner dates and picking up dry cleaning. Maximize the parking to be added. 7 As a Grant Avenue resident, I am against more parking. The open atmosphere of California Avenue is appealing. Parking garages are intimidating. Make the garage as compact as possible. It currently takes 10 minutes to drive to El Camino Real. Encourage people to take the train. 8 As a resident of Sherman Avenue, I am also against adding more parking. New transit technologies in development will reduce the need for parking in the future. 9 As a Palo Alto Central resident, I am very concerned about traffic on Park Boulevard. With new developments about to open, traffic will be even worse. Don’t forget that residents live here. Get away from massive buildings and keep residents informed. 10 I object to the City’s plan to use valuable parking space for buildings. The “re-vamp” of California Avenue has already taken many, convenient parking spaces. Go somewhere else. 11 On Sherman Ave, we have 3 parking lots, C-6, C-7 and C-8; C-6 and C-7 being the closest to Park Blvd, and C-8 the closest to El Camino. All lots are very close to each other. A new Public Safety Building is proposed to be built in C-6. The new building will require additional parking. My suggestion is to increase the parking spaces in both remaining lots, C-7 and C-8, by building two-story parking structures in each of those lots. This is a more equitable way than to build a 3- or 4-story parking structure on C-7. This solution will also decrease traffic congestions due to enter/exit a single parking site. 12 I am in favor of the new Public Safety Building as long as the new parking garage is also constructed. Of the 3 options presented, I prefer Option C that includes much needed retail space. I would also recommend the parking garage be completed prior to the start of the public safety building. The parking situation in the neighborhood would be severely constrained if both buildings were constructed simultaneously and neither existing surface lot is available. Public Safety Building and California Avenue Parking Garage Project Comments and Responses from 11/18/2015 Community Meeting 13 An interesting concept has been bouncing around but likely hasn't reached you -- applying the idea of a Cat Cafe to select government buildings. The example I can find is the office building for the County of Dona Ana (Los Cruces, New Mexico), which has a "cat library" off its lobby (on premises interaction with a cat). It need not be just for the building's occupants, but for the larger business district (no idea about the details). • Dona Ana County "cat library" goes viral, featured on "CBS Evening News": Workers can 'check out' a pet at county government center, take to office. Los Cruces Sun-News, 2015-06-05 (http://www.lcsun-news.com/las_cruces- news/ci_28261914/dona-ana-county-cat-library-goes-viral-featured). • "Cat library" offers purrfect solution to stress - CBS News, 2015-06-05 (http://www.cbsnews.com/news/cat-library-offers-purrfect-solution-to-stress/) 14 [see attached letter addressed to City Council] Annette_G@att.net 650-321-1280 November 17, 2105 Dear Council Members, I am an enthusiastic supporter of building a public safety building ASAP. Public Safety is the key role for city government. The latest tragedy in Paris highlighted the importance of providing an adequately sized building with enough space for our current needs and the ability for future growth. With all due respects, I do not support the location off California Ave as described in the staff report for the following reasons: • The building space is woefully too small for our current functions and no room for growth. Seldom does a city affected by an emergency or disaster have sufficient resources in terms of personnel and equipment to deal with the response and recovery efforts itself. The PSB must reflect that in size for the needed functions. Additionally the building should be resilient in the face of the various threats identified in the THIRA report www.cityofpaloalto.org/thira (key natural ones - earthquake, fire, flood). We need to have power 24/7 – off the grid perhaps with wind turbines, and other alternative energy sources. Remember, we also support Stanford University and Hospital. This building needs to support our needs for the next 50+ years. • Surrounding communities are building or have built new public safety. Why should we build a public safety building that isn’t as good as those recently built in neighboring cities? Our proposed site size is less than half the acreage of the new City of San Mateo PSB We need to do better. Consider – Palo Alto is where the President and Hillary come to visit, as well as many other dignitaries from around the world. Stanford University and Hospital make this their home, as well as world class businesses in the Research Park and elsewhere. Let’s take the best practices from other recent new PSBs, and then do better to be the model for other cities. • There is limited parking for public safety vehicles. • California Avenue is congested and under-parked. Construction will continue to impact businesses that have experienced major construction nearby • A city central location is not as important as other factors. The police building has never been "centrally located" - it's always been downtown (Avenidas, then City Hall). Unlike fire crews, police patrol staff are almost always in the field, not sitting in the station. Online reporting has reduced the number of visitors to the PSB. We need to think outside the box for additional sites, There are options for other locations for the PSB including: • Leasing space in the Stanford Research Park as done for Fire Station 2 • Build behind MacArthur Park (where the Red Cross office is now). This is another city owned property and has the location advantage of being next to the new reservoir Annette Glanckopf 2747 Bryant Street Palo Alto, Ca 94306 Annette_G@att.net 650-321-1280 • The previously identified underutilized utility yard on West Bayshore near Colorado which has more land. • CPI site. See Nov 17, 2015 Daily Post on potential CPI move On the topic of architecture. I hope that the presentation graphics do not illustrate the architectural design. The news is filled with reports of deranged people across the nation, who seek to destroy public buildings. Our new public safety building should not have a glass façade. Nor should it be close to the street to prevent damage from explosives, which could be detonated with even a small vehicle bomb or even accidentally - like explosions from electric cars or natural gas vehicles or even accidents such as car fires in the adjacent multilevel public parking structure and on the street. Best practices for building and protecting public safety buildings should be followed. Please note the VA protocols for their buildings. Palo Alto needs to move forward on this now; this council needs to make the PSB building the highest priority. We need to protect our very precious lives & resources in Palo Alto Sincerely, Annette Glanckopf Chair, Palo Alto Neighborhoods Eprep Committee Team Leader, Palo Alto Emergency Service Volunteers Citizen Corps Council Member Buildings and Facilities CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET 143 New Public Safety Building New Public Safety Building Description This project provides funding for the design and construction of a new Public Safety Building, including potential land acquisition. Design and environmental consultant services will be needed, including the development of preliminary plans, cost estimates and special studies as part of an Environmental Impact Report and site evaluation for the approximately 44,500 square foot facility. The size and programming of the new facility were developed by the 2006 Blue Ribbon Task Force with adjustments for current and future projected program needs during the Infrastructure Blue Ribbon Commission process. Justification The current Police Department facility is structurally, operationally and technologically deficient. This project will provide a new facility for the Police Department, Office of Emergency Services, the Emergency Operations Center, emergency dispatch, and Fire Department Administration. It will be built to essential services standards, having a high likelihood of being fully operational after a major disaster such as a significant earthquake. Supplemental Information The new Public Safety Building is part of the Council Infrastructure Plan, and has been identified by the City Council as the top priority within the Plan. Fund: Capital Improvement Fund Category: Buildings and Facilities Project Location: TBD Managing Department: Public Works IBRC Reference: New Initial Project Start: Spring 2015 Initial Project Completion: Fall 2020 Revised Project Start: Revised Project Completion: Project Number: PE-15001 Palo Alto Police Department, April 2015 Buildings and Facilities 144 CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET Operating Impact This project is anticipated to impact operating expenses in the future. As these costs are quan- tified, adjustments will be brought forward in future budgets, as necessary. Funding Sources Schedule Funding Source Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Other 0 0 0 0 0 52,250,000 0 0 52,250,000 0 52,250,000 Capital Improvement Fund 0 0 0 164,108 168,539 (2,826,911)3,177,763 160,324 843,823 0 843,823 Transfer from Stanford University Medical Ctr Fund 0 0 0 1,100,000 2,800,000 750,000 0 0 4,650,000 0 4,650,000 Total 0 0 0 1,264,108 2,968,539 50,173,089 3,177,763 160,324 57,743,823 0 57,743,823 Expenditure Schedule Project Phase Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Design 0 0 0 1,264,108 2,968,539 0 0 0 4,232,647 0 4,232,647 Construction 0 0 0 0 0 40,173,089 3,177,763 160,324 43,511,176 0 43,511,176 Land Acquisition 0 0 0 0 0 10,000,000 0 0 10,000,000 0 10,000,000 Total 0 0 0 1,264,108 2,968,539 50,173,089 3,177,763 160,324 57,743,823 0 57,743,823 Relationship to Comprehensive Plan Primary Connection Element: Community Services & Facilities Section: Parks and Public Facilities Goal: C-4 Policy: C-24 Potential Board/Commission Review: Architectural Review Board Planning and Transportation Commission Environmental Impact Analysis: CEQA will be required. Buildings and Facilities CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET 139 New California Avenue Area Parking Garage New California Avenue Area Parking Garage Description This project will provide funding for the preliminary design and Environmental Impact Report (EIR) for a new public parking garage in the California Avenue commercial area. Site selection will be included in the preliminary design phase. The feasibility of including retail and stacked parking will also be evaluated. Justification A new parking garage is needed in the California Avenue commercial area. A new garage will increase parking supply and reduce parking spillover into nearby residential neighborhoods. Supplemental Information The New California Avenue Area Parking Garage project is included in the Council approved Infrastructure Plan. It is anticipated that once a specific site is identified, the title of this project will be refined. Fund: Capital Improvement Fund Category: Buildings and Facilities Project Location: TBD Managing Department: Public Works IBRC Reference: New Initial Project Start: Summer 2017 Initial Project Completion: Fall 2020 Revised Project Start: Revised Project Completion: Project Number: PE-18000 California Avenue, March 2015 Funding Sources Schedule Funding Source Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Other 0 0 0 0 0 887,000 8,600,000 0 9,487,000 0 9,487,000 Capital Improvement Fund 0 0 0 0 0 (487,617)(7,727,194)8,810,720 595,909 0 595,909 Total 0 0 0 0 0 399,383 872,806 8,810,720 10,082,909 0 10,082,909 Buildings and Facilities 140 CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET Operating Impact This project is anticipated to impact operating expenses in the future. As these costs are quan- tified, adjustments will be brought forward in future budgets, as necessary. Expenditure Schedule Project Phase Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Construction 0 0 0 0 0 0 0 8,600,000 8,600,000 0 8,600,000 Design 0 0 0 0 0 399,383 872,806 210,720 1,482,909 0 1,482,909 Total 0 0 0 0 0 399,383 872,806 8,810,720 10,082,909 0 10,082,909 Relationship to Comprehensive Plan Primary Connection Element: Transportation Section: Parking Goal: T-8 Policy: T-45 Program: T-52 Potential Board/Commission Review: Architectural Review Board Planning and Transportation Commission Environmental Impact Analysis: CEQA will be required. City of Palo Alto (ID # 5780) City Council Staff Report Report Type: Action Items Meeting Date: 12/14/2015 City of Palo Alto Page 1 Summary Title: Highway101 Bike Bridge Next Steps Title: Next Steps for the Highway 101 Pedestrian/Bicycle Overpass Project: Direct Staff to Cease Negotiations with Moffat & Nichol, Issue a New RFP, and Seek Additional Funding From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council direct staff to: 1) Cease negotiations with Moffat and Nichol for a contract for design of the Moffatt and Nichol low-profile suspension bridge, Submission C, from the Adobe Creek Pedestrian & Cyclist Bridge 2014 Design Competition; and 2) Proceed with a Request for Proposal for design services to develop a new bridge concept for the Highway 101 Pedestrian/Bicycle Overpass Capital Improvement Program (CIP) project PE-11011 that meets the current CIP budget of $10.1 million (not including staff costs), with a budget addition of $0.35 million in Regional Improvement Program construction funds and a potential budget contribution of $1.0 million from Google, for a total anticipated budget of $11.4 million; and 3) Partner with Google to secure a $1.0 million contribution from the company to supplement the project budget for the Highway 101 Pedestrian/Bicycle Overpass; and 4) Pursue additional public and private funding to support inclusion of enhancements to standard bridge design and construction cost increases, for a potential upper project budget of $13 to $17 million. Executive Summary City of Palo Alto Page 2 This report reviews staff’s efforts following the bridge design competition and Council’s direction in March 2015 to confirm the constructability and costs of the Moffatt and Nichol (M&N) low-profile suspension bridge and negotiate a contract with M&N for design of the bridge. A review of the M&N design performed by Caltrans confirmed the constructability of the design. However, M&N provided staff with higher construction costs once contract discussions began. These higher costs would result in a project budget of over $17 million and staff is concerned based on discussions with other bridge designers and contractors that the ultimate costs could be significantly higher than $17 million. The current CIP budget, excluding staff costs, is $10.1 million and the VTA has allocated an additional $0.35 million in Regional Improvement Program (RIP) construction funding that has not yet been appropriated into the project. Since the last review of the project by Council, staff has met with Google representatives, who have committed to a contribution of $1.0 million toward the project, pending City review and acceptance, resulting in a new potential project budget of $11.4 million. Staff is recommending that the negotiations with M&N be ended, and that a new Request for Proposal (RFP) process be used to select a design team for the bridge. The design team selected through the RFP process would focus on a more standard design in an effort to conform to the anticipated project budget of $11.4 million, but would also evaluate the inclusion of design element enhancements that were preferred during the design competition process. Additionally, staff recommends continuing to seek additional funding for the project that could allow incorporation of such design elements and/or cover further cost increases that are likely to result from the current cost escalation and bidding environment. Background Feasibility Study and Preliminary Design Work The Highway 101 Pedestrian/Bicycle Crossing Feasibility Study identified the need for an overcrossing at Adobe Creek and was unanimously accepted by Council in November 2011. Currently, the Lefkowitz tunnel/Adobe Creek underpass is only accessible during fair weather conditions. The underpass is a multi-use pathway 8 feet wide with 7.5 feet of vertical clearance and limited lighting. This study supports the necessity for a year-round pedestrian and bicycle overcrossing. The proposed bridge spans Highway 101 at Adobe Creek in south Palo Alto and is a key component of the City’s Bicycle & Pedestrian Transportation Plan. Council authorized work to begin on a preliminary design and an environmental City of Palo Alto Page 3 assessment of the Adobe Creek overcrossing by awarding a contract to Alta Planning + Design (Alta) in Spring 2012 (Staff Report ID #2771). The scope of work included development of bridge alternatives and an environmental assessment in accordance with California Environmental Quality Act (CEQA) and the National Environment Protection Act (NEPA). Bridge alignments were focused on connections with the San Francisco Bay Trail and a closed section of the Adobe Creek Reach trail (West Bayshore to West Meadow Roads), based on public feedback at the September 2012 public scoping meeting. The project has been awarded grants totaling $8.35 million to be used for construction: $4 million in State Transportation Improvement Program (STIP) funds through One Bay Area Grant, $4 million in Santa Clara County recreation funds through the County/Stanford University Trails Agreement and $350,000 in additional STIP funds added by Santa Clara Valley Transportation Authority (VTA) in 2014. Design Competition Process and Result The design competition, managed by the American Institute of Architects California Council (AIA CC) in partnership with the City and Santa Clara County AIA chapter, concluded in December 2014. Following the competition process, additional public input was gathered and Council directed staff to negotiate a design contract with the Moffat and Nichol design team (M&N), using the team’s low profile bridge design (Staff Report ID #5523). The competition process included: Input from the community, Architectural Review Board, Park and Recreation Commission and Council to develop design principles and finalize design guidelines (Summer 2014) Review of 20 team qualifications Three teams submitting their best designs Jury selection of “The Confluence” design, Submission A (December 2014) Competition results/design review meetings with Public Art Commission, Architectural Review Board, Palo Alto Bicycle Advisory Committee, Parks and Recreation Commission and Planning and Transportation Commission (December 2014- February 2015) Extensive public input on design submissions (March 2015) City of Palo Alto Page 4 Council’s selection of M&N design team and direction to work with staff in developing a scope of services for the low-profile suspension bridge design, Submission C (March 2015) In addition to directing staff to negotiate with M&N, Council directed staff to independently verify the cost and constructability of the low-profile suspension bridge with the assumption of staying within the realm of the $10 million planning-level estimate developed in 2012. Constructability and Cost Review of M&N Design Following Council’s March 2015 direction, staff contacted Caltrans, whose structural unit agreed to review M&N’s design. In May 2015, Caltrans reviewed computer modeling and a supplemental M&N structural design memo indicating the design to be constructible. As part of its design competition submittal, M&N provided an estimate of $9.0 to $9.5 million for construction of the bridge, with a proposed design fee of 20% of the construction cost, or approximately $1.9 million (M&N Memo dated December 8, 2014, Attachment A). Upon initiation of contract negotiations following Council’s March 2015 direction, M&N provided an updated planning level construction cost estimate of $12.2 million, with an updated proposed design fee of $2.4 million. Following numerous discussions with the M&N team about likely costs, the planning level construction cost was refined to a figure of $12.8 million including contingencies, which would result in an expected total project budget of $17 million. In addition to the $12.8 million construction figure, the total project budget of $17 million includes $2.6 million in M&N design costs; $1 million in construction management and administration costs; and $0.6 million in design, environmental assessment and competition costs incurred to date. The $17 million figure does not include staff salaries or construction cost escalation to 2018. M&N’s low-profile suspension bridge design is complex and unique. Staff believes unknown costs are likely to further increase the $17 million planning level project cost estimate. Some of these factors may include delays in design approvals with unexpected soil conditions, constrained site complexities resulting in utility relocations, frontage road realignments and associated right-of-way impacts, larger pylons, additional columns, increased depth of the bridge deck, and City of Palo Alto Page 5 additional Caltrans and agency requirements imposed on the project during environmental, right-of-way and design phases. While some of these factors are also applicable to a more standard bridge design, the probability of unforeseen issues adding time and cost to the project is greater with a unique, one-of-a-kind design. Staff has also reviewed the design with bridge designers and contractors who have expressed their opinions that the final cost would be significantly higher than $17 million. Discussion Based on the revised cost of the M&N design and potential for costs to further increase, staff recommends ceasing negotiations with M&N on the low-profile suspension bridge. The features of the M&N design, compared to a standard bridge design, are briefly described below. M&N Bridge Design Features The low-profile suspension bridge concept includes the following components: Raised 5 foot sidewalk to separate slower pedestrian traffic from bicycle traffic Stairwell on the west side Plaza and landing transition on the east (Baylands) side Accessibility ramps at maximum 5 to 8 percent grade with 2 percent cross slope Aesthetically pleasing fencing and railings Benches, signage and amenities such as drinking water fountains Compliance with design guidelines developed for the design competition Aesthetically pleasing drainage system to retain storm water on-site Incorporation of art, utility conduits for future communication lines and other new infrastructure Aesthetic lighting on bridge structure, ramps and trail entrances Aesthetic modifications to existing bike lane and pedestrian networks along East and West Bayshore Roads to integrate new trail access points at the plazas and stairwell locations Standard Bridge Design Features The standard steel or concrete box girder bridge is similar to the M&N low-profile suspension bridge but differs in components such as: City of Palo Alto Page 6 A larger, more visible bridge including a thicker, box-type deck structure and increased number of columns Higher bridge deck elevations and standard galvanized railings Additional concrete columns including one within the freeway and possibly larger column structures within the Baylands Elimination of the stairwell, raised sidewalk, enhanced lighting, railing, benches, large plaza areas and similar amenities The project description common to both bridge options includes a 230-250 foot main span structure with an eighteen-foot wide pedestrian and bicycle overcrossing, although the standard bridge design may result in a width of less than eighteen feet to reduce costs. The interior cross section of the eighteen-foot design bridge is sixteen feet and includes a five-foot sidewalk and an eight-foot two-way bicycle path with two feet of lateral clearance on each side and a one foot wide striped buffer. The project also includes seating areas at both ends of the bridge and a multi-use pathway that will provide a safer, more direct and accessible path along the Adobe Reach Trail (assuming the proposed Class 1 Adobe Creek Reach Trail follows the same alignment as the Santa Clara Valley Water District (SCVWD) maintenance road). Possible Cost Reduction Strategies Strategies to reduce project costs through a new RFP include: Reduce the width of the bridge deck Reduce the amenities and enhanced features through use of standard railings, lighting systems Reduce the size of any plaza within the Baylands, and potentially lower the height of structures to provide additional features consistent with the protections of the federal Bird Migratory Treaty Act Provide for traditional construction methods Consider standard bridge option Consider prequalification of bidders and inclusion of bid add alternates. Consider a third-party peer review by bridge engineering design firm to assess the 15%, 35%, 65% and 100% design, design assumptions, constructability and construction estimates Consider issuing a Construction Manager/General Contractor (CM/GC) RFP to select a contractor to provide a similar third-party peer review by a City of Palo Alto Page 7 bridge contractor to assess/verify the constructability and the construction cost estimate against current market conditions Bridge Design Options and Staff Recommendation to Proceed with RFP Options to proceed with design of the Highway 101 Bicycle/Pedestrian Overcrossing include the following: 1. Proceed with M&N low-profile suspension bridge with a cost of $17 million or higher 2. Utilize an RFP process to refocus the project on a standard bridge with a lower cost, while including alternates to add design enhancements where feasible and affordable, and allow all interested design teams to submit proposals. Staff does not recommend Option 1 due to the high cost and potential for significant cost increases and schedule delays. The competition process resulted in the M&N design concept, which is sensitive to the Baylands natural environment and supported by the community, but, as the design developed further, did not meet the project budget goals. Staff has not considered the option of entering into negotiations with the HNTB team for design of their “Confluence” arch design from the competition, due to community and Council concerns about the potential impacts on bird safety and the design’s appropriateness for the Baylands area. Staff believes that issuing a new RFP (Option 2) is the best course of action at this time. A new RFP would reset the process and place the emphasis on realigning costs with the project budget. The RFP would allow all design teams to submit proposals, refocused on an $11.4 million target budget and allow the City to separately evaluate including design element enhancements identified during the design competition. Additionally, staff recommends continuing to seek additional funding for the project (as described below) that could allow incorporation of such design elements and/or cover further cost increases likely to result from cost escalation and the current bidding environment. Potential design enhancements include low maintenance stainless steel finishes for railings, larger plazas, more seating areas and design features to minimize bridge height. The need for additional City of Palo Alto Page 8 funding will be assessed upon completion of the 35% design phase should Council choose to proceed with a new RFP. Google Contribution and Other Public and Private Funding Possibilities Google is interested in the successful and timely completion of the Highway 101 Bicycle/Pedestrian Bridge and has been in contact with staff to track the progress of the project. Google has committed to contributing $1 million to the project, with some conditions. Staff recommends that Council direct staff to work with Google to secure this contribution, if possible. Google also conveyed its intent to provide the right-of-way needed at 3601 West Bayshore Road at no cost to the City. At this time staff does not have an updated project cost estimate for a more standard bridge, but market trends suggest the current budget of $11.4 million (including $1 million from Google) may not be adequate for the project, either with the preferred eighteen foot bridge width or using a narrower design. Between 2011 and 2014, the Caltrans Bridge Cost Index increased 48 percent and construction costs on City projects have been generally higher. Staff recommends pursuing additional public and private funding to support an upper project budget target of $13 to $17 million allowing for the wider bridge width and incorporation of other desirable design features, as well as increases in construction costs likely to be realized in the 2018 market. Stanford University and City of Palo Alto submitted a joint $8.5 million grant application in 2012 and Stanford was awarded $4.5 million from the Santa Clara County Recreation Fund established by the County/Stanford Trails Agreement. Stanford has relinquished $4.5 million and will build the Stanford perimeter trail with Stanford funds. This could be an opportunity to use the relinquished $4.5 million to fund the bridge’s funding shortfall should the County Board of Supervisors agree to reallocate funds. Additionally, staff may be able to pursue cycle 3 grant funding through the 2016 Regional Active Transportation Program (ATP), other grants and/or public-private partnerships to fund the shortfall should County funds not be available. Resource Impact City of Palo Alto Page 9 Funds for the Adobe Creek Reach Trail feasibility study of $40,000 were included in the Transportation and Parking Improvements CIP PL-12000. Funding used for the feasibility study, preliminary design, environmental assessment and the design competition of $673,000 was included in the Highway 101 Pedestrian/Bicycle Overpass Project CIP PE-11011, for a total cost to date of $713,800. Additionally, $890,000 in staff time has been used to date in managing the project and the design competition, for a total cost of approximately $1.6 million. Additional funding for a design services contract is available in PE-11011, Highway 101 Pedestrian/Bicycle Overpass Project. With the forthcoming appropriation of the Regional Improvement Program (RIP) construction funding in the amount of $0.35 million and a potential contribution of $1.0 million from Google toward the project, staff anticipates a construction and design project budget of $11.4 million. This additional $1.35 million will be proposed in the FY 2017-2021 Capital Program. As discussed with the Finance Committee at the November 17 meeting as part of the Fiscal Year 2015 Budget Closing CMR and presentation of the Fiscal Year 2015 Comprehensive Annual Financial Report, the Fiscal Year 2016 Budget Stabilization Reserve contains a set-aside of $6 million to fund costs related to Infrastructure Plan projects. The closing of the budget is scheduled for Council approval at a Council meeting during the latter part of January or early February. Policy Implications The project is consistent with the goals, policies and programs of the Comprehensive Plan. Goal T-3 Facilities, services and programs that encourage and promote walking and bicycling Goal T-14 Improve pedestrian and bicycle access to and between local destinations, including public facilities, schools, parks, open space, employment districts, shopping centers, and multi- model transit stations. Timeline City of Palo Alto Page 10 The current schedule estimates completion of the bridge project in Fall 2019. Staff anticipates the preliminary design and environmental assessment to be completed in early 2017 assuming a mitigated negative declaration is prepared and depending on input from regulatory agencies, City Council, boards and commissions, and the community. Assuming a mitigated negative declaration (MND) and environmental assessment (EA) for the project will be prepared in compliance with CEQA and NEPA dependent on the outcome of special environmental studies. Extend STIP funding deadline (E-76) to November 01, 2017 Issue RFP to seek bridge designers (December 15, 2015) Begin Phase 1, design (April 2016) Complete 15% design (early Spring 2016) Site and design review, public circulation of draft Environmental Assessment and Planning and Transportation Commission review (Fall 2016) Circulation of Final MND/EA/complete public review (Fall 2016) Completion of Phase 1, 35% design, estimates and environmental assessment, Caltrans’ environmental phase (Fall 2016) Staff to authorize Phase 2, design at risk to complete design and construction bid documents (Fall 2016) Completion of 100% design and construction bid documents, obtain E-76 (November 01, 2017) Amend consultant contract Phase 3, construction administration (early 2018) Obtain permits, begin construction (early 2018) Complete construction (2019) Environmental Review While the Highway 101 Pedestrian/Bicycle Overpass Project requires significant CEQA and NEPA assessment, no environmental review is required for the recommendations made in this report. Attachments: Attachment A - Moffatt and Nichol Memo dated December 8, 2014 (PDF) December 8, 2014 City of Palo Alto Purchasing and Contract Administration 250 Hamilton Palo Alto, CA 94301 Attn: John Montenero Reference: Contract 2014-25, Adobe Creek Pedestrian & Cyclist Bridge Competition Phase 2 Dear Selection Committee, We appreciate your invitation to submit deliverables for the Adobe Creek Pedestrian and Cyclist Bridge Design Competition. The project has engaged our creativity and we are excited to share our detailed vision for a Silicon Valley landmark. This letter serves as our transmittal for the following deliverables: 1.DVD with video 2.Three 24x36 design boards delivered to Palo Alto City Hall, 250 Hamilton, 6th Floor, Attention Elizabeth Ames 3.List of team members (see attached) 4.Construction sequence diagram (see attached) 5.Plan, section, night elevation, and various renderings (see design boards) 6.Bridge alignment within Project Boundaries (see design boards) 7.Discussion of items listed in item 7 of Exhibit B of the competition agreement (refer to design boards and narration of video for all items except discussion of expected costs, which is attached) 8.Design boards and this letter submitted electronically to john.montenero@cityofpaloalto.org Sincerely, Gary Antonucci, P.E. Steven Grover, Architect & P.E. 1300 Clay Street, Suite 550, Oakland, CA 94612 | P: (510) 645-1238 | F: (510) 645-1010 | www.moffattnichol.com ATTACHMENT A Construction Sequence 1. Establish temporary staging areas at 363 West Bayshore Road parking lot and at east touchdown plaza. Supports and Side Spans Erection 2. Construct all foundations and supports outside of Caltrans right of way. 3. Bring in shop-fabricated sections by truck. Lift into place and field weld sections together. Main Spans Erection Bring in shop-fabricated sections by truck. Locate NB half of main span at east staging area, SB half at west staging area. 4. Construct temporary support at center median during nighttime closure of lanes next to median. 5. Lift SB half of main span into place during nighttime detour of SB traffic to NB side and field weld to west approach structure. 6. Lift NB half of main span into place during nighttime detour of NB traffic to SB side and field weld to east approach structure. Field weld main span sections to each other and remove temporary support at center median during nighttime closure of lanes next to median. Main Spans Alternate Bring in shop-fabricated sections by truck and field weld into single section. Lift entire main span structure into place during single 4hr nighttime closure of entire freeway. 12.8.14 Palo Alto Adobe Creek Pedestrian & Cyclist Bridge Design Moffatt & Nichol / SGA 12.8.14 Palo Alto Adobe Creek Pedestrian & Cyclist Bridge Design Moffatt & Nichol / SGA Design and Construction Costs The design vision we have created is extremely versatile; unlike many concepts this design can be refined in a number of ways to achieve the City’s desired balance of tradeoffs without completely transforming its visual, spatial, and safety/comfort characteristics. For example, we can explore different span arrangements and alternate structural approaches to achieve similar architectural results. Based on the materials, landscape design, and structural approach described in our submittal, we believe that the construction cost for the bridge would be approximately $8 million (see below), and the civil, architectural, and landscape components would add $1 to $1.5 million to that. For a project of this size and scope, design costs would likely be on the order of 20% of construction cost. ROM Estimate of Construction Costs Segment Description Bridge Type Length (ft) Width (ft) Deck Area (SF) Est. Cost/SF Est. Contr. Cost. 1 West approach spine girder on single columns 230 18 4,140 $ 350 $ 1,449,000 2 West approach curve Single steel edge beam, cantilever deck 136 20 2,720 $ 500 $ 1,360,000 3 Main Span over US101 Steel box edge girders each side, floor beams, top pipe section on one side to increase depth of beam. 204 20 4,080 $ 500 $ 2,040,000 4 East transition span Transition between 3 and 4 100 18 1,800 $ 500 $ 900,000 5 East ramp Single steel edge beam, cantilever deck 200 20 4,000 $ 500 $ 2,000,000 6 East ramp On fill 100 18 1,800 $ 150 $ 270,000 970 18,540 $ 433 $ 8,019,000 12.8.14 Palo Alto Adobe Creek Pedestrian & Cyclist Bridge Design Moffatt & Nichol / SGA