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HomeMy WebLinkAbout2009-10-05 City Council Agenda Packet 1 10/05/09 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. Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council Chambers on the Friday preceding the meeting. Special Meeting Council Chambers October 05, 2009 6:30 PM ROLL CALL CLOSED SESSION This item may occur during the recess or after the Regular Meeting. Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION Subject: Frank Benikovsky, et al v. Gerson, Baker & Associates; Oak Creek Apartments; City of Palo Alto, Santa Clara County Superior Court, Case No. 1-08-CV-129575 Subject Authority: Government Code section 54956.9(a) 7:00 PM or as soon as possible thereafter COUNCIL CONFERENCE ROOM STUDY SESSION 2. Joint Meeting with the Utilities Advisory Commission (UAC) Regarding the Ad Hoc Subcommittee Update on Role and Scope of the UAC 7:30 PM or as soon as possible thereafter COUNCIL CHAMBERS ATTACHMENT SPECIAL ORDERS OF THE DAY 3. Adoption of a Resolution Expressing Appreciation to Phillip Ignoffo Upon His Retirement ATTACHMENT 10/05/09 2 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. CITY MANAGER COMMENTS ORAL COMMUNICATIONS Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration or Oral Communications period to 30 minutes. CONSENT CALENDAR Items will be voted on in one motion unless removed from the calendar by two Council Members. 4. Approval of a Utilities Enterprise Fund Contract with CAD Masters, Inc. in an Amount Not to Exceed $995,398 for a Geospatial Design and Management Solution Project to Maintain Electric, Water, Gas, Wastewater, Fiber Optic, Traffic Signal, and Street Light Data – Capital Improvement Program WS-02014-502 and EL-02011-501 CMR 391:09 & ATTACHMENT 5. Approval to Amend the Existing Blanket Purchase Order with Oldcastle Precast to Appropriate $350,000 for the Purchase of Electric Utility Vaults and Equipment Pads Required for Capital Improvement Projects (CIP) and to Provide Service to New Customers CMR 388:09 6. Utilities Advisory Commission Recommendation to Adopt a Resolution Approving Changes to the City of Palo Alto Utilities Procedures for Customer Credit Security in Accordance with the Fair and Accurate Credit Transactions Act of 2003 CMR 390:09 & ATTACHMENT 7. Policy & Services Committee Recommendation to Adopt a Resolution Amending the City Council Procedures Related to the Council Meeting Agenda Order CMR 393:09 & ATTACHMENT 8. Policy & Services Committee Recommendation to Approve the Policy & Services Committee Work Plan for the Remainder of 2009 and the Proposed Structure for Setting Future Year Work Plans CMR 392:09 & ATTACHMENT 9. Approval of Annual Report of Williamson Act Contracts Within the City of Palo Alto CMR 384:09 & ATTACHMENT 10/05/09 3 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. 10. Approval of Contract No. C10133497 with Advanced Data Processing West, Incorporated (ADPI) for Up to Three Years in an Amount Not to Exceed $166,667 Per Year for Ambulance Billing Services (Continued from September 21, 2009) CMR 381:09 & ATTACHMENT 11. Approval of Contract Amendment No. 14 Extending the Term of the Rail Shuttle Bus Administration Agreement with the Peninsula Corridor Joint Powers Board Through 6/30/2010 and Increasing the Expenditure Limit by $368,000 for a Total of $2,610,419 CMR 398:09 & ATTACHMENT 12. Approval of Amendment No. 1 to Contract C08126041 with Siegfried Engineering, Inc. in the Amount of $70,069 for a Total Not to Exceed Amount of $614,436 for the Eleanor Pardee Park and Main Library/Community Gardens Emergency Water Supply Wells Project CMR 389:09 & ATTACHMENT 13. Approval of an Agreement with Van Scoyoc Associates for up to Three Years in an Amount Not to Exceed a Total of $287,000 for Federal Legislative Representation Services CMR 399:09 & ATTACHMENT 14. 2nd Reading Adoption of an Ordinance Amending the Zoning Map to Change the Zone Designation for Approximately 0.30 Acre at 4261 and 4273 El Camino Real (Dinah’s Hotel) from RM-15 (Low Density Residential Multi-Family) to CS(L)(D) (Service Commercial with Landscape and Site and Design Review Combining Districts) *This item is quasi-judicial and subject to Council’s Disclosure Policy (First reading September 14, 2009 – Passed 8-1 Espinosa no) 15. 2nd Reading Adoption of an Ordinance Approving and Adopting a Plan for Improvements to Henry W. Seale Park (First reading September 21, 2009 – Passed 9-0) 16. 2nd Reading Adoption of an Ordinance Approving and Adopting a Plan for Improvement to John Lucas Greer Park (First reading September 21, 2009 – Passed 9-0) 17. 2nd Reading Adoption of an Ordinance Amending Title 21 (Subdivisions) and Title 18 (Zoning) of the Palo Alto Municipal Code to Define the Minimum Width for Private Streets and Excluding Private Streets from the Calculation of Floor Area 10/05/09 4 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. (First reading September 21, 2009 – 8-1 Barton no) 18. 2nd Reading Adoption of an Ordinance Amending Title 10 by Repealing Chapter 10.46 (Residential Permit Parking) of Title 10 (Vehicles and Traffic) of the Palo Alto Municipal Code in its Entirety and Enacting a New Chapter 10.46 (College Terrace Residential Parking Permit Program) (RPPP) (First reading September 21, 2009 – Passed 8-0 Barton not participating) 19. 2nd Reading Adoption of an Uncodified Ordinance Extending the Life of Valid Permits Which are Currently Active or are Approved by June 30, 2010, Pursuant to Title 18 (Zoning) of the Palo Alto Municipal Code (First reading September 21, 2009 – Passed 9-0) CMR 395:09 & ATTACHMENT 20. 2nd Reading Adoption of an Ordinance Amending PAMC Chapter 18.28 Related to Development Standards in the Open Space (OS) Zone District (First reading September 21, 2009 – Passed 8-1 Barton no) CMR 396:09 & ATTACHMENT AGENDA CHANGES, ADDITIONS, AND DELETIONS HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and put up to three minutes for concluding remarks after other members of the public have spoken. OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker. REPORTS OF OFFICIALS 21. Status Report on California Avenue Street Improvements and Recommendations for Community Engagement Regarding Removal of City Owned Street Trees and Approval of Recommended Action Plan for Community Engagement and Board and Commission Review of Tree Replacement and Other California Avenue Street Improvements Including Addition of New Street Furniture, and Street Repaving and Restriping CMR 400:09 & ATTACHMENT 22. Fiscal Year 2010 Budget Update CMR 394:09 & ATTACHMENT 10/05/09 5 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. UNFINISHED BUSINESS 23. Policy & Services Committee Recommendation to Continue the Open City Hall Online Forum (Continued by Council Motion on September 21, 2009) CMR 385:09 & ATTACHMENT 24. Colleague’s Memo from Council Members Kishimoto, Klein, and Yeh Regarding Directing the City Manager to Explore Ways to Reduce Potable Water Use in Palo Alto by 20 Percent by 2020 (Continued by Council Motion on September 21, 2009) ATTACHMENT PUBLIC COMMENT COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES Members of the public may not speak to the item(s). CLOSED SESSION This item may occur during the recess or after the Regular Meeting. Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. THE FOLLOWING CLOSED SESSION WILL BE HELD WITH THE CITY LABOR NEGOTIATORS. 25. CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiator: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Kelly Morariu, Russ Carlsen, Sandra Blanch, Darrell Murray, Marcie Scott, Lalo Perez, Joe Saccio) Employee Organization: Local 521 Service Employees International Union Authority: Government Code Section 54957.6(a) ADJOURNMENT 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. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO PHILLIP IGNOFFO UPON HIS RETIREMENT WHEREAS, Phillip Ignoffo has served in various capacities for the Utilities Department from March 14, 1966 to August 7, 2009 as Electrician, Electrician Lead, and Supervisor Electric Systems; and WHEREAS, Phillip Ignoffo has enhanced the quality of life for the citizens of this community by ensuring their safety by installing traffic signal controllers for smooth, safe driving along public streets; and WHEREAS, Phillip Ignoffo was essential in the implementation and conversion of incandescent Traffic Signal lights to LED’s resulting in better reliability and lower energy usage; and WHEREAS, Phillip Ignoffo as an Electrician Lead was responsible in the co-axial cable installation and terminations to the RTU System in Electric Substations and Water Transmission Stations providing safe and reliable power and water to the City residents. Later, serving in the same capacity, oversaw the conversion of this system from co-axial cable to Fiber Optics; and WHEREAS, Phillip Ignoffo having experience of the City’s systems of overhead lines and underground conduits facilitated work required to route the Fiber Backbone, completing this important addition ahead of schedule and at a cost less than initially projected; and WHEREAS, Phillip Ignoffo has provided his expertise, guidance, leadership and support to fellow employees in the Utilities Electric Operations Division, and to all of the Palo Alto residents and businesses for 43 years; and WHEREAS, the City of Palo Alto desires to recognize the meritorious service of Phillip Ignoffo. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palo Alto hereby commends the outstanding public service of Phillip Ignoffo and records its appreciation as well as the appreciation of the citizens of this community for the service and contribution rendered during his 43 years of employment with the City. INTRODUCED AND PASSED: OCTOBER 5, 2009 ATTEST: APPROVED: ___________________ ______________________ City Clerk Mayor APPROVED AS TO FORM: ____________________ ______________________ City Attorney City Manager TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: UTILITIES DATE: OCTOBER 5, 2009 CMR: 391:09 REPORT: CONSENT SUBJECT: Approval of a Utilities Enterprise Fund Contract with CAD Masters, Inc. in an Amount Not to Exceed $995,398 for a Geospatial Design and Management Solution Project to Maintain Electric, Water, Gas, Wastewater, Fiber Optic, Traffic Signal, and Street Light Data -Capital Improvement Program WS- 02014-502 and EL-02011-501 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with CAD Masters, Inc. (Attachment A) in a total not to exceed amount of $904,907 for the development and implementation of a Geospatial Design and Management Solution Project and first year support & maintenance. Staff also recommends that Council approve and authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with CAD Masters, Inc. for additional services that may be required during the data conversion, interface customization, and project deployment portions ofthe project, the total value of which shall not exceed $90,491. DISCUSSION Currently the Utilities Department is maintaining the data for electric, water, gas, wastewater, fiber optic, traffic signal, and street light utilities on various databases or systems: the electric data is maintained in 4DataLink System; fiber optic, street light, water, & gas data are maintained in AutoCAD drawing format; and traffic signal & wastewater data utilize the City Enterprise Geographical Information System (GIS). The scope of work to be performed under the contract is for the development and implementation of a single geospatial design and management system platform for all utilities managed by the Utilities Department. The goal of this project is to interface the various utility data sources into one common platform using the existing GIS database as the sole repository of all City of Palo Alto Utilities infrastructure data and to achieve general GIS viewing querying and analysis capabilities. CMR: 391:09 Page 1 of3 The creation of a unified database to store and manage all Utility infrastructure will improve the efficiency for viewing all utility information in one place, allow multi-users to update utility features at the same time, avoid duplicated drafting effort in updating utility information on different maps within any particular utility, increase design productivity and preparation of construction documents, facilitate timely updates of the system maps, maintain the connectivity model using Topobase software, perform spatial analysis, support the construction workflow and project collaboration with engineering delivery, field crews, and asset management personnel and others across the entire utility, and ensure public and workers' safety by having more precise record drawings to improve the accuracy of Underground Services Alert (USA) markings to prevent construction dig-ins. S ummaryo fS r . o ICltatlOn P rocess Proposal DescriptionlNumber Geospatial Design and Management Solution Project! RFP 132135 Proposed Length of Project 18 months Number of Proposals Mailed 8 Total Days to Respond to Prop 19 Pre-proposal Meeting Date July 23, 2009 Number of Company Attendees at Pre-12 proposal Meeting Number of Proposals Received: 3 Company Name Location (City, State) Selected for oral interview? 1. Autodesk, Inc. San Rafael, CA Yes 2. CAD Masters, Inc. Walnut Creek, CA Yes 3. Infosys Plano, TX No Range of Proposal Amounts Submitted $837,136 to $941,040 Utilities staff have worked closely with the Information Technology (LT.) staff to prepare the scope of services. LT. staff was also involved in reviewing and ranking the proposals. Three proposals were received and two firms were interviewed. CAD Masters, Inc. was selected based on its demonstrated understanding of the project's objectives. CAD Masters, Inc. is a reputable local company that has outstanding experience in the industry and its staff possesses excellent technical qualifications. This company is familiar with the City'S existing Enterprise GIS and current CAD Standards. In addition, it proposed a timely development and implementation plan for a design and data management solution to allow the City to benefit from the new system within twelve months. RESOURCE IMPACT Funds for this project are available in the WGW (WBS Element WS-02014-502) and Electric (WBS Element EL-02011-50l) Funds Capital Improvement Program budgets. POLICY IMPLICATIONS This recommendation is consistent with the Council-approved Utilities Strategic Plan Key Strategy #3, Streamline and manage business processes to allow CPAU to work efficiently and cost-effectively. CMR: 391:09 Page 2 of3 ENVIRONMENTAL REVIEW This project does not meet the definition of a "project" under California Public Resources Code Section 21065, thus California Environmental Quality Act (CEQA) review is not required. ATTACHMENTS A. Contract B. Proposal C. Selection Criteria PREPARED BY: APPROVED BY: DEPARTMENT APPROVAL: CITY MANAGER APPROVAL: CMR: 391:09 ~ilvia Santos, Project Engineering .f'.:f"~m Thompson, Senior Power Engineer ~~~ag~ Assistant Director, Engineering Page 3 of3 ATTACHMENT A CITY OF PALO ALTO CONTRACT NO.: Cl0132135 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND CAD MASTERS, INC. FOR PROFESSIONAL SERVICES GEOSPATIAL DESIGN AND MANAGEMENT SOLUTION PROJECT This AGREEMENT is entered into on this 5th day of October, 2009, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and CAD MASTERS, INC., a California corporation, located at 1111 Civic Center Drive, Suite 130, Walnut Creek, California ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to create a unified database to store and manage all Utility infrastructure (including electric, water, gas, wastewater, and fiber optic) ("Project") and desires to engage a consultant to create the unified database 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, 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. 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 ofPerfonnance attached as Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement. Professional Services Rev. January 2009 SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe 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 ofthis 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 ofthe Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Nine Hundred Four Thousand Nine Hundred Seven Dollars ($904,907.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Ninety Thousand Four Hundred Ninety One Dollars ($90,491.00). The applicable rates and schedule of payment are set out in Exhibit "C-l ", 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-l ''). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subj ect to verification by CITY. CONSULT ANT 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 perfonned by CONSULTANT or under CONSlJLT ANT'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 sub consultants, 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. 4 Professional Services Rev. January 2009 \\Cc-Ierra\Shared\ASD\PURCH\sOLIClT A TIONS\CURRENT BUYER-CM FOLDERS\UTILITIES -CAROL YNN\RFPs\ 132135 Geospatial GIS\CONTRACT.FINAL.doc SECTION 7. COMPLIANCE WITH LAWS. CONSULT ANT 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 CONSULT ANT 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 ofthe CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSlJLT ANT are material considerations for this Agreement. CONSULT ANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSUL T ANT'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. CONSULT ANT shall not subcontract any portion ofthe work to be performed under this Agreement without the prior written !lUthorization 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. 5 CONSULTANT will assign Michelle Selfas the Professional Services Rev. January 2009 \\Cc-terTa'lshared\ASD\PURCH\SOUCITA TIONS\CURRENT BUYER·CM FOLDERS\UTIUTIES -CAROL YNN\RFPs\132135 Geospatial GIS\CONTRACT.FlNAL.doc project manager to have supervisory responsibility for the performance, progress, and execution of the Services and Paul Petrowsky as the project technical manager to rept:esent 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 [mds 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 proj ect manager is Silvia Santos, Utilities Department, Purchasing Division, 1007 Elwell Court, Palo Alto, CA 94303, Telephone:650-566-4520. 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 withoutrestriction or limitation upon their use. CONSULT ANT 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 ofthe 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, indemnitY, 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 indemnitY an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 3 Professional Services Rev. January 2009 \\Cc-lerra\Shared\ASD\PURCffiSOLlClT ATIONS\CURRENT BUYER·CM FOLDERS\UTlLITlES -CAROL YNN\RFPs\1321 3S GeospaliaJ GIS\CONTRACT.FlNALdoc 16.3. The acceptance of CONSULTANTs 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 tennination of this Agreement. SECTION 17 . WAIVERS. The waiver by either party of any breach or violation of any covenant, tenn, condition or provision ofthis Agreement, or of the provisions of any ordinance orlaw, will not be deemed to be a waiver of any other tenn, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other tenn, 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 tenn of this Agreement, the insurance coverage described in Exhibit "D". CONSULT ANT 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-:Vll or higher which are licensed or authorized to transact insurance business in the State of California, Any and all contractors of CONSULTANT retained to perfonn 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, 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 CONSULT ANT'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. 3 Professional Services Rev. January 2009 19 .2. CONSULTANT may tenninate this Agreement or suspend its perfonnance of the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a substantial failure of perfonnance by CITY. 19.3. Upon such suspension or tennination, CONSlJLTANT 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 tennination 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 tennination; provided, however, ifthis Agreement is suspended or terminated on account ofa 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 detennination may be made by the City Manager acting in the reasonable exercise ofhislher discretion 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, CONSULT ANT 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 perfonnance of the Services. 21.2. CONSlJLT ANT further covenants that, in the perfonnance of this Agreement, it will not employ subconsuitants, 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 4 Professional Services Rev. January 2009 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 tenn is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate fmancial 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. The City of Palo Alto is a green business and works to purchase and provide products in an environmentally sustainable manner. CONSULTANT will use production methods that reduce waste and environmentally toxic products, as well as have less packaging. CONSULTANT will adhere to the standard that printed materials will be, at a minimum, printed on 30% post consumerrecycled paper with vegetable based ink. The designer will check with the project manager to discuss the maximum recycled content paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon footprint for the development, production and delivery of products. CONSULTANT shall adhere to the City's Environmentally Preferred Purchasing policies as may be amended from time to time. SECTION 24. MISCELLANEOUS PROVISIONS. 24.1. This Agreement will be governed by the laws of the State of California. 24.2. 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. 24.3. 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. 24.4. 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. 24.5. The covenants, terms, conditions and provisions of this Agreement will apply 5 Professional Services Rev. January 2009 to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 24.6. 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. 24.7. 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. 24.8. 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 anypenalty (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 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision ofthis Agreement. 24.9. 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. 24.10 All unchecked boxes do not apply to this 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 CAD MASTERS, INC. City Manager By: lJ.M"V n.u a.tt<"~~ " APPROVED AS TO FORM: Name: b rt~\o.! t3 U cJ'" S ( e r Title: \J,' Le.. -P .. e { ~ J e I(lt Senior Asst. City Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "C-l ": EXHIBIT "D": SCOPE OF WORK. SCHEDULEOFPERFO~CE COMPENSA nON SCHEDULE OF RATES INSURANCE REQUIREMENTS 6 Professional Services Rev. January 2009 Exhibit A Scope of Work All features and requirements defined in the RFP 132135 "Attachment C -Scope of Work" are included in consultant's proposed solution even if not specifically reiterated here. Consultant shall assess current conditions and make detailed recommendations for program speCifications and data model configuration to meet the goals of CPAU as defined in the RFP. Objectives include: • Gain a clear understanding of CPAU, its disciplines, and project work. • Gain a clear understanding of current organizational structure and business processes. • Gain a clear understanding of existing CPAU technologies and data. • Refine the proposed solution model, as needed, based on the experience and vision of key CPAU staff members. This process shall identify the best mapping engine to replace 4DataLink. Topobase Electric is selected for this application since it, like Autodesk Utility Design, runs within AutoCAD Map 3D. It is important that key tasks for which 4DataLink is used are duplicated and/or improved upon while continuing to operate inside an AutoCAD framework. Topobase provides a server and client side application programming ioterface (API) which will allow us to make necessary program feature additions and modifications. Consultant shall verify functionality of event driven synchronization (e.g. job posting, feature edits) of Topobase's native Oracle database with the GIS database as well as a direct link to the GIS database using Autodesk's Feature Data Object (FDO) provider. Consultant shall provided a second BLOB field within the GIS database to maximize performance and compatibility of the systems. Consultant shall provide evaluation using linked servers for a portion of the data access between the SQL Server database and the disparate systems currently in use within CPAU. A linked server configuration allows Microsoft SQL Server to execute commands against OLE DB data sources. Since the client side application must attach to the SQL Server database this is not a viable alternative for data synchronization to the Topobase database. Other methods will be detailed to handle this portion of the data access. Required Input: • Interviews with various CPAU staff -CMI will need to interview staff members to get a better idea of the job descriptions and flow of work between staff members and between departments. • Sample Data -CMI will need access to the existing CPAU base maps and the Enterprise GIS to gain a clear understanding of existing data. • Current CAD Standards -Any and all program development will incorporate the existing standards for CAD drawings. • Review of assets owned -Our recommendations will leverage owned assets so that new technology purchases will avoid redundancy. CPAU Geospatial Design and Management Solution Project Deliverables: • Documented specifications for configuration/customization of Autodesk Topobase for the various utility departments' needs. • Documented program specifications for any custom applications required to interface with the GIS or to automate the conversion of eXisting data. • Documented recommendations for CAD standards, workflow, and processes to ensure success with the new systems. • Complete listing of all software and hardware acquisitions required with seat costs, quantities, and extension. Timeline and Division of Work: CMI shall dedicate all available project resources to this data collection and review process. Meetings, Milestones and Checkpoints: CPAU shall review Consultant's progress to date schedule. CPAU and Consultant shall meet on an as needed basis to discuss this progress, desired changes, and budget conformance. This phase will be iterative and will continue until agreement has been reached on the specifications and deliverables for the entire project. CPAU shall approve of the solution(s) specifications delivered in Task 1 per the following processes: data model refinement, application development, Topobase customization, and CAD standards refinement. Migration of data bounded by the "86" 4DL Electric Map will also commence at this time in preparation for the Proof of Concept at the end of this phase. The Proof of Concept will include all utilities. Objedives/deliverables include: • Implementation of replacement software for 4DataLink with software customizations, as needed, to limit application feature loss as part of this transition. • Customization of Topobase data models and implementation of Topobase within the department divisions to handle asset management. • Development and implementation of CAD standards to help maintain data integrity and quality in any data transfer operation between CAD and GIS. This will include development of vertical product drafting and object styles within the respective AutoCAD platforms. • Development of "round-trip" GIS/CAD tools for preliminary! deSign, construction and as-built data along with check-out and check-in procedures from within the existing AutoCAD vertical products. • Development of user friendly applications to add, edit, and delete the GIS data store records directly via FDO from within the various AutoCAD platforms that support Autodesk's FDO provider. Implement Topobase data models. • Integration of business processes within the new data management system. • Integration of the Autodesk Utility Design work-order system. • Integration of electric data, accounts, stores and HR modules in SAP as specified in Task 2.6. • Migration of data bounded by the "86'! 4DL Electric Map. • Provide a compelling proof of solution concept which includes all utilties. • Provide a software rollout strategy. CPAU Geospatial Design and Management Solution Project Page 2 of 14 Meetings, Milestones and Checkpoints: CPAU shall be provided opportunities to review consultant's progress throughout Task 2. Consultant shall meet initially to collect additional information and data and then periodically to discuss progress towards completion, any desired changes, and budget conformance. Iterations of the Proof of Concept shall be provided as changes are required. No rollout of any application shall occur during this phase unless CPAU deems it reasonable to do so prior to full data migration. Data Merge, Model Creation &: Network Connectivity (Tasks 3-6) The data migration that began as part of Task 2 in a limited area will be completed for all remaining CPAU data during this phase. Consultant shall utilize SAFE Software's FME product to convert existing databases to the GIS data structure. Where possible when converting AutoCAD based data consultant may create custom tools to automate the accurate transfer of geometry and annotation. Network connectivity for the various systems will be established within Topobase in order to leverage the application feature set and speed the delivery of the data models. Where applicable, custom plug-ins will be created to speed these tasks. Tools will be created to build system connectivity for new facilities, while following connectivity rules, as they are added. Our objectives! deliverables include: • All CPAU data merged into Enterprise GIS. • Ability to directly access from within AutoCAD Map 3D based applications all GIS data. .• Create tools for addition of an independent utility system model. • Deliver data comparison tools for gas values and fire hydrants between AutoCAD and GIS data. • Create and/or validate connectivity for each CPAU disdpline as necessary. • Deliver connectivity tools to meet the requirements of each diSCipline. • Collect input from IT regarding deployment reqUirements or backbone infrastructure issues to ensure successful deployment. • Begin application deployment and training to CPAU staff members. Completion of Phases 4 and 5 (Tasks 7, 8, and 9) concurrently by discipline. Timeline and Division of Work: Tasks 3-8 shaH be performed concurrently by discipline. Tasks 3-6, shall be handled by the Data Integration and Training Team. The Application Development Team shall handle Tasks 7 and 8 concurrently. Each team shall work on one discipline at a time, so that live data and functional design tools can be rolled out to each discipline as they are completed. Training for the staff in each diSCipline, Task 9 shall occur immediately following the completion and rollout of each diSCipline. CPAU Geospatial Design and Management Solution Project Page 3 of 14 Data Integration Team (Phase 3) Application Dev. Team (Phase 4) Data Migration, Integration (Task 3-4) GIS Model Creation (Task 5) Data Connectivity/Validation (Task 6) Documentation of Procedures and Workflow (Task 9) Development of Course (TasK 9) Curriculum for that Discipline Development of CADD Tools and Desktop Publishing Tools GIS Extensions Integration of Outside Systems QA/QC of Applications Documentation of Programs Data Integration Team (Phase 5) Deployment and Training for Discipline Technical Support and Additional Programming as Necessary Repeat the Above for next Discipline (Task 7) (Task 8) (Task 8) (Task 9) The order of the disciplines will be agreed upon in advance by both CMI and CPAU. A preliminary work order would be as follows: Electric Traffic Signal Wastewater Water Gas Fiber OptiC / Street Light / Cathodic Protection Each discipline shall receive deployment and training immediately upon completion of that discipline's tool set and data migration. Meetings, Milestones and Checkpoints: It is important that as this portion of the project ramps up that CMI staff interface with CPAU staff to ensure we have the latest data and to provide CMI staff an opportunity to see the project from a CPAU perspective. CPAU will be provided opportunities to review our progress throughout this phase. We will meet to discuss that progress, any desired changes, and budget conformance. As each discipline is completed and rolled out, progress will be reviewed and lessons learned will be applied to future disciplines. CADD Tools and Desktop Publishing (Task 7): Leveraging customization capabilities of AutoCAD Map 3D and Topobase shall be provided to CPAU in document production. In this phase, CMI shall create appropriate tool sets to automate these processes. Objectivesl deliverables include: • Extend AutoCAD Map 3D's existing block book map page creation to automatically create the map book styles required by the various. divisions of CPAU. • Identify or create a customizable report interface to allow maximum flexibility in CPAU reporting processes. • Deliver tools to extract utilities information from the Enterprise GIS with automatic placement into the customary CPAU service orders. CPAU Geospatial Design and Management Solution Project Page 4 of 14 • Follow-up to Phase 3 (Task 2): Modify the Autodesk Utility Design work order system information to be shared across the network. • Deliver drafting tools for WGW engineering to speed document creation processes. CMI Standards Manager provides built-in functions to speed document production and will also be leveraged to deliver tools to WGW through an intuitive and user-friendly interface. CMI Tools for Civil 3D 2010 will also be provided to help speed engineering design tasks. • Deliver automated service order routines for the differing types of service requests. Drafting macros will be incorporated with direct element links to CPA stores inventory. CMI Standards Manager will again playa role in organizing and delivering this production system to CPAU staff. • Automate the list of materials generation for project design and work orders. GIS Extensions and Outside Systems Integration (Task 8): Solution development for Task 8 includes linking external database sources to the Enterprise GIS database. Objectives/ deliverables include: • Creation of an SAP notification system with automated extraction of work order data to SAP. CPAU has requested a direct tie between SAP material inventories to service orders. Since SAP does not allow direct access to its tables we may need to dump this data periodically into the GIS database. CMI will investigate the possibilities and determine the most effective methods for development. • Identify or create an application to replace the functionality of WGW engineering's Document Retrieval System. Look for data link opportunities to expand this functionality. • Create a mobile work order system and data collection system to complete as-built GIS records and develop in-office procedures to dump this data and print final as-built service orders. Since this process will occur late in the project schedule we will wait to specify exact system specifications but will provide an antiCipated not to exceed cost for this task. This will allow us to choose from the most recent hardware and software solutions in the marketplace at that time. • Trimble provides support for GPS data dump direct to AutoCAD Civil 3D. This solution will be tested and implemented. • The only current standalone engineering application within CPAU that allows GIS data import is MWH Soft H20map. Direct links may not be possible but a variety of data import options are available that would allow periodic data dumps as new projects begin. These options will be explored and most effective methods will be detailed and implemented. • ICOM3-DSS software currently accepts data dumps from the Enterprise GIS as Shape files. We may be able to further automate this task but the staff at ICOMMM does not believe that direct data links provide a significant advantage over the current environment. ICOMMM has provided us with the exact data format used in the current systems translation. We will review this information and provide a final solution that meets CPAU needs. Timellne and Division of Work: This phase of development will be handled by Paul's Application Development Team and will happen concurrently with Phase 3 (Tasks 3-6) being handled by Drew's Data Integration Team. The tools required will be created one discipline at a time, so that deployment and training can happen for that discipline immediately upon completion of the development for that discipline. As described previously, our timeJine detail is as follows: CPAU Geospatial Design and Management Solution Project Page 5 of 14 Data Integration Team (Phase 3) Data Migration, Integration (Task 3-4) GIS Model Creation (Task 5) Data Connectivity/Validation (Task 6) Documentation of Procedures and Workflow (Task 9) Development of Course (Task 9) Curriculum for that Discipline Application Team (Phase 4) Development of CADD Tools and Desktop Publishing Tools GIS Extensions Integration of Outside Systems QA/QC of Applications Documentation of Programs Data Integration Team (Phase 5) Deployment and Training for Discipline Technical Support and Additional Programming as Necessary Repeat the Above for next Discipline Meetings, Milestones and Checkpoints: (Task 7) (Task 8) (Task 8) (Task 9) CPAU shall be provided opportunities to review consultant's progress throughout this phase. Consultant shall meet initially to collect additional information and data and then periodically to discuss progress towards completion, any deSired changes, and budget conformance. Iterations of the Proof of Concept will be provided as changes are required. In this phase consultant shall develop and execute a comprehensive training curriculum. Objectives include: • Final clarification and documentation of tasks at each staff level within each discipline to ensure quality training. • Develop a custom curriculum for each utility and staff level, complete with materials that will incorporate all workflows, processes and standards developed during the project. • Develop and test a final deployment configuration of the new technologies and custom applications to be used on each workstation throughout CPAU. Execute staff training and complete software deployment. • Provide support resources as necessary to CPAU Staff to ensure their success. • Have CPAU Staff bring all data not covered as part of this proposal fully current and verified within the new system. CMI will assist as requested. Required Input: • Input from IT regarding deployment requirements or backbone infrastructure issues to ensure successful deployment. Deliverables: • Modularized courses with outlines and complete course materials. Each module will address a specific utility and/or staff level. Curriculum will incorporate real-world project data sets whenever possible. • Execution of training. • Deployment of software. CPAU Geospatial Design and Management Solution Project Page 6 of 14 Timeline and Division of Work: This phase of implementation will be handled by Data Integration and Training Team. As the tasks in Phase 3 and 4 are completed for each specific discipline, that discipline's staff shall receive training and software deployment. CPAU shall dictate the priority of disciplines in the rollout and each discipline shall be completed and deployed prior to moving to the next discipline. Consultant shall be dedicated to assisting the deployed disciplines so that they are as productive as possible as the remainder of the disciplines come on board. Improvements to tools shall be provided as requested by the deployed disciplines in order to ensure their satisfaction and success with the new system. Support and additional training will be delivered immediately and as necessary to deployed disciplines to ensure their success. CMI shall be available for ongoing support and maintenance of the CPAU applications and staff. CPAU shall be required to purchase Autodesk Subscription annually for all of Autodesk assets as well as CMI Standards Manager Subscription. CPAU Geospatial Design and Management Solution Project Page 7 of 14 SCHEDULE Phase 1 -Assessment & Recommendations 1. Interview and Audit Existing Conditions 2. Research and Develop Proposed Solution 3. Iteration and Acceptance Phase 2 -Development of Proposed Solution 1. Develop Replacement for 4DataLink 2. Implement Check-In and Check-Out 3. Develop Direct CAD/GIS roundtrip Data App 4. Integrate AUD Workorder System 5. Integrate SAP and Other Systems 6. CAD Standards Development / Update 7. Integrate Business Processes 8. Integrate Water and Gas Data 9. Proof of Concept 10. Iteration and Acceptance Phase 3 -Data Integration 1. Task 3 -Data Integration Electric, Traffic, WW 2. Task 4 -Data Integration for Water and Gas 3. Task 5 -GIS Model Creation for Fiber Optic, Street Light, Cathodic Protection, and New 4. Task 6 -Network Connectivity Phase 4 -CADD Tools and Outside Systems Integration 1. Task 7 -CADD Tools and Desktop Publishing 2. Task 8 -GIS Extensions and Outside Systems Integration 3. QAlQC of Applications Phase 5 -Documentation and Training 1. Documentation of Procedures and Workflow 2. Documentation of Programs 3. Development of Course Curriculum 4. Execution of CPAU Staff Training 5. Ongoing Support for Deployed Disciplines 6. Additional Programming for Deployed Disciplines LEGEND: 2 3 4 5 6 7 8 9 10 11 12 ~ Multi-Discipline Task _ Electric Discipline Task _ Traffic Discipline Task ... Wastewater Discipline Task ---• ",...----,"---"" Water Discipline Task Gas Discipline Task Fiber Optic, Street Light, & Cathodic Protection Task Meetings between CMI and CPAU CPAU Geospatial Design and Management Solution Project m :x :r: Ol -i Ol Travel and CPAU Geospatial Design and Management Solution Project rn >< :c OJ -i o See Rate Sheet for Detail CPAU Geospatial Design and Management Solution Project Develop Comparative Analysis Tools (Task 4) Assistant Project Manager 40 $150 $6,000 I r--~~~~~~ $125 Programmer I Engineer 80 $10,000 i CAD Designer 40 $75 $3,0001 Sub-Total Not To Exceed Task 4 Task 4 $27,000 Create Fiber Optic, Street Light, and Cathodic Protection Models Project Manager 16 $200 $3,200 (Tasks 5.1-5.3) Assistant Project Manager 16 $150 $2,400 Engineer 160 $125 $20,000 CAD Designer 80 $75 $6,000 Develop Tools to Create New Models (Task 5.4) Project Manager 8 $200 $1,600 (utilizing Topobase functionality) Assistant Project Manager 8 $150 $1,200 Engineer 40 $125 $5,000 CAD Designer (Testing) 8 $75 $600 Sub-Total Not To Exceed Task 5 Task 5 $40.000 Provide Tools to Build and Add Connectivity (Tasks 6.1 & 6.2) Project Manager 8 $200 $1,600 Assistant Project Manager 8 $150 $1,200 Programmer I Engineer 80 $125 $10,000 ~~~~~~ CAD DesiQner (Testing) 16 $75 $1,200 Convert and Complete Electric Connectivity (Task 6.3) Project Manager 40 $200 $8,000 Assistant Project Manager 40 $150 $6,000 f~~~~ Programmer I Engineer 80 $125 $10,000 i ~. CAD Designer 40 $75 $3,000 i Review and Complete Connectivity for Wastewater (Task 6.6) Project Manager 40 $200 $8,000 I Assistant Project Manager 40 $150 $6,000 I Programmer I Engineer 80 $125 $10,000 CAD Designer 40 $75 $3,000 I ~... ---1 Create Connectivity for Gas, Water, Project Manager 40 $200 $8,000 I Fiber Optic, and Street Lights (Tasks 6.4, 6.5-6.8) Assistant Project Manager $150 I 40 $6,000 , Programmer I Engineer 80 $125 $10,000 i CAD Designer 80 $75 $6,OOO! Travel and Living Expenses $140/night for hotel only 5 $140 $700 Sub-Total Not To Exceed Task 6 Task 6 $98,700 Total Not To Exceed Phase 3 (Tasks 3-6) $205,700 CPAU Geospatial Design and Management Solution Project CPAU Geospatial Design and Management Solution Project for Al! of the Above Total Not To Exceed Phase 6 First Year and Maintenance Total Not to Exceed ALL P ALL TASKS .. CPAU Geospatial Design and Management Solution Project CPAU Geospatial Design and Management Solution .Project m X :I: CD -l () I EXHIBITD 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' , , MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY YES EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED 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 SUBCONSUL TANTS, 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 WRITIEN THIRTY DAY ADVANCE NOTICE TO CIfY OF CHANGE IN COVERAGE OR. OF- COVERAGE CANCELLATION; AND 8. 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 Rev. 11107 EXHIBITD INSURANCE REQUIREMENTS 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 A~AINST 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: Rev. 11107 PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. ATTACHMENT B Geospatial Design and Management Solution Project of Work All features and requirements defined in the RFP "Attachment C -Scope of Work" are included in our proposed solution even if not specifically reiterated here. The following Work Plan expands on topics that require additional detail and addresses CMI's ability and plan to complete these tasks within the proposed budget and timeline. In this phase we will assess current conditions and make detailed recommendations for program specifications and data model configuration to meet the goals of CPAU as defined in the RFP. Our objectives include: • Gain a clear understanding of CPAU, its disciplines, and project work. • Gain a clear understanding of current organizational structure and business processes. Gain a clear understanding of existing CPAU technologies and data. • Refine the proposed solution model, as needed, based on the experience and vision of key CPAU staff members. A key element of this process will be identifying the best mapping engine to replace 4DataUnk. Currently, we believe Topobase Electric is the best choice for this application since it, like Autodesk Utility Design, runs within AutoCAD Map 3D. It is important that key tasks for which 4DataLink is used are duplicated and/or improved upon while continuing to operate inside an AutoCAD framework. Topobase provides a server and client side application programming interface (API) which will allow us to make necessary program feature additions and modifications. We will verify functionality of event driven synchronization (e.g. job posting, feature edits) of Topobase's native Oracle database with the GIS database as well as a direct link to the GIS database using Autodesk's Feature Data Object (FDO) provider. We anticipate a second BLOB field may be required within the GIS database to maximize performance and compatibility of the systems. Additionally, we will evaluate using linked servers to provide a portion of the data access between the SQL Server database and the disparate systems currently in use within CPAU. A linked server configuration allows Microsoft SQL Server to execute commands against OLE D8 data sources. Since the client side application must attach to the SQL Server database this is not a viable alternative for data synchronization to the Topobase database. Other methods will be detailed to handle this portion of the data access. Required Input: • Interviews with various CPAU staff CMI will need to interview staff members to get a better idea of the job descriptions and flow of work between staff members and between departments. • Sample Data -CMI will need access to the existing CPAU base maps and the Enterprise GIS to gain a clear understanding of existing data. • Current CAD Standards -Any and all program development will incorporate the existing standards for CAD drawings. • Review of assets owned Our recommendations will leverage owned assets so that new technology purchases will avoid redundancy. CPAU Geospatial Design and Management Solution Project Page 1 of 14 Deliverables: • Documented specifications for configuration/customization of Autodesk Topobase for the various utility departments' needs. • Documented program specifications for any custom applications required to interface with the GIS or to automate the conversion of existing data. • Documented recommendations for CAD standards, workflow, and processes to ensure success with the new systems. Complete listing of all software and hardware acquisitions required with seat costs, quantities, and extension. Timeline and Division of Work: In order to move quickly at the commencement of the project CMI will dedicate all available project resources to this data collection and review process. Our intent here is to build our team synergy rapidly by immersing our project staff in the issues and create a sense of urgency for the delivery of the solutions that carries through the life of the project. Meetings, Milestones and Checkpoints: CPAU will have the opportunity to review progress to date. We will meet to discuss that progress, any desired changes, and budget conformance. This phase will be iterative and will continue until agreement has been reached on the specifications and deliverables for the entire project. Upon CPAU approval of the solution(s) specifications delivered in Phase 1, the following processes will commence: data model refinement, application development, Topobase customization, and CAD standards refinement. Migration of data bounded by the "B6" 4DL Electric Map will also commence at this time in preparation for the Proof of Concept at the end of this phase. The Proof of Concept will include all utilties. Our objectivesjdeliverables include: • Implementation of replacement software for 4DataLink with software customizations, as needed, to limit application feature loss as part of this transition. • Customization of Topobase data models and implementation of Topobase within the department divisions to handle asset management. • Development and implementation of CAD standards to help maintain data integrity and quality in any data transfer operation between CAD and GIS. This will include development of vertical product drafting and object styles within the respective AutoCAD platforms. Development of "round-trip" GIS/CAD tools for preliminary, design, construction and as-built data along with check-out and check-in procedures from within the existing AutoCAD vertical products. • Development of user friendly applications to add, edit, and delete the GIS data store records directly via FDO from within the various AutoCAD platforms that support Autodesk's FDO provider. Implement Topobase data models. • Integration of business processes within the new data management system. Integration of the Autodesk Utility Design work-order system. Integration of electric data, accounts, stores and HR modules in SAP as specified in Task 2.6. • Migration of data bounded by the "B6" 4DL Electric Map. Provide a compelling proof of solution concept which includes all utilties. Provide a software rollout strategy. CPAU Geospatial Design and Management Solution Project Page 2 of 14 Timeline and Division of Work: Our Application Development Team, with Paul Petrowsky as Project Manager, will tackle the bulk of the items in this phase. Our Data Integration and Training Team, with Drew Burgasser as Project Manager, will handle the migration of the data set bounded by"B6". The teams will work concurrently, testing each other's work product as they move forward. Drew's team will also begin documentation during this phase. Meetings, Milestones and Checkpoints: CPAU will be provided opportunities to review our progress throughout this phase. We will meet initially to collect additional information and data and then periodically to discuss progress towards completion, any desired changes, and budget conformance. Iterations of the Proof of Concept will be provided as changes are required. No rollout of any application will occur during this phase unless CPAU deems it reasonable to do so prior to full data migration. Data Merge, Model Creation & Network Connectivity (Tasks 3-6) The data migration that began as part of Phase 2 in a limited area will be completed for all remaining CPAU data during this phase. We plan to utilize SAFE Software's FME product to convert existing databases to the GIS data structure. Where possible when converting AutoCAD based data we will create custom tools to automate the accurate transfer of geometry and annotation. Network connectivity for the various systems will be established within Topobase in order to leverage the application feature set and speed the delivery of the data models. Where applicable, custom plug-ins will be created to speed these tasks. Tools will be created to build system connectivity for new faCilities, while following connectivity rules, as they are added. Our objectivesjdeliverables include: • All CPAU data merged into Enterprise GIS. Ability to directly access from within AutoCAD Map 3D based applications all GIS data. Create tools for addition of an independent utility system model. • Deliver data comparison tools for gas values and fire hydrants between AutoCAD and GIS data. Create and/or validate connectivity for each CPAU discipline as necessary. Deliver connectivity tools to meet the requirements of each discipline. • Collect input from IT regarding deployment requirements or backbone infrastructure issues to ensure successful deployment. Begin application deployment and training to CPAU staff members. • Completion of Phases 4 and 5 (Tasks 7, 8, and 9) concurrently by discipline, Timeline and Division of Work: Tasks 3-8 will be performed concurrently by discipline. This Phase 4, Tasks 3-6, will be handled by Drew's Data Integration and Training Team. Paul's Application Development Team will tackle Tasks 7 and 8 concurrently (See Phase 4), The teams will work on one discipline at a time, so that live data and functional design tools can be rolled out to each discipline as they are completed. Training for the staff in each diScipline, Task 9 (See Phase 5) will occur immediately following the completion and rollout of each discipline. CPAU Geospatial Design and Management Solution Project Page 3 of 14 . Concurrently Drew's Team (Phase 3) Data Migration, Integration (Task 3-4) GIS Model Creation (Task 5) Data Connectivity/Validation (Task 6) Documentation of Procedures and Workflow (Task 9) Development of Course (Task 9) Curriculum for that Discipline Paul's Team (Phase 4) Development of CADD Tools and Desktop Publishing Tools GIS Extensions Integration of Outside Systems QA/QC of Applications Documentation of Programs Drew's Team (Phase 5) Deployment and Training for Discipline Technical Support and Additional Programming as Necessary Repeat the Above for next Discipline (Task 7) (Task 8) (Task 8) (Task 9) The order of the disciplines will be agreed upon in advance by both CMI and CPAU. A preliminary work order would be as follows: Electric Traffic Signal Wastewater Water Gas Fiber Optic I Street Light I Cathodic Protection Because we do not want migrated, current data to become stale, it is critical that each discipline receive their deployment and training immediately upon completion of that discipline's tool set and data migration. Meetings, Milestones and Checkpoints: It is important that as this portion of the project ramps up that CMI staff interface with CPAU staff to ensure we have the latest data and to provide CMI staff an opportunity to see the project from a CPAU perspective. CPAU will be provided opportunities to review our progress throughout this phase. We will meet to discuss that progress, any desired changes, and budget conformance. As each discipline is completed and rolled out, progress will be reviewed and lessons learned will be applied to future disciplines. CADD Tools and Desktop Publishing (Task 7): Leveraging customization capabilities of AutoCAD Map 3D and Topobase will provide an instant benefit to CPAU in document production. In this phase of our solution development, CMI will create appropriate tool sets to automate these processes. Our objectives/deliverables include: Extend AutoCAD Map 3D's existing block book map page creation to automatically create the map book styles required by the various divisions of CPAU. Identify or create a customizable report interface to allow maximum flexibility in CPAU reporti ng processes. CPAU Geospatial Design and l'1anagement Solution Project Page 4 of 14 Deliver tools to extract utilities information from the Enterprise GIS with automatic placement into the customary CPAU service orders. Follow-up to Phase 3 (Task 2): Modify the Autodesk Utility Design work order system information to be shared across the network. Deliver drafting tools for WGW engineering to speed document creation processes. CMI Standards Manager provides built-in functions to speed document production and will also be leveraged to deliver tools to WGW through an intuitive and user-friendly interface. CMI Tools for Civil 3D 2010 will also be provided to help speed engineering design tasks. Deliver automated service order routines for the differing types of service requests. Drafting macros will be incorporated with direct element links to CPA stores inventory. CMI Standards Manager will again playa role in organizing and delivering this production system to CPAU staff. Automate the list of materials generation for project design and work orders. GIS Extensions and Outside Systems Integration (Task 8): Solution development for Task 8 includes linking external database sources to the Enterprise GIS database. Our objectives/deliverables include: Creation of an SAP notification system with automated extraction of work order data to SAP. CPAU has requested a direct tie between SAP material inventories to service orders. Since SAP does not allow direct access to its tables we may need to dump this data periodically into the GIS database. CMI will investigate the possibilities and determine the most effective methods for development. Identify or create an application to replace the functionality of WGW engineering's Document Retrieval System. Look for data link opportunities to expand this functionality. Create a mobile work order system and data collection system to complete as-built GIS records and develop in-office procedures to dump this data and print final as-built service orders. Since this process will occur late in the project schedule we will wait to specify exact system specifications but will provide an anticipated not to exceed cost for this task. This will allow us to choose from the most recent hardware and software solutions in the marketplace at that time. Trimble provides support for GPS data dump direct to AutoCAD Civil 3D. This solution will be tested and implemented. The only current standalone engineering application within CPAU that allows GIS data import is MWH Soft H20map. Direct links may not be possible but a variety of data import options are available that would allow periodic data dumps as new projects begin. These options will be explored and most effective methods wili be detailed and implemented. ICOM3-DSS software currently accepts data dumps from the Enterprise GIS as Shape files. We may be able to further automate this task but the staff at ICOMMM does not believe that direct data links provide a significant advantage over the current environment. ICOMMM has provided us with the exact data format used in the current systems translation. We will review this information and provide a final solution that meets CPAU needs. Timeline and Division of Work: This phase of development will be handled by Paul's Application Development Team and will happen concurrently with Phase 3 (Tasks 3-6) being handled by Drew's Data Integration Team. The tools required will be created one discipline at a time, so that deployment and training can happen for that discipline immediately upon completion of the development for that discipline. As described previously, our timeline detail is as follows: CPAU Geospatial Design and Management Solution Project Page 5 of 14 FcCCg,ncurrent':yl'~'i:.,~),?t /'Jl":ri Drew's Team (Phase 3) Data Migration, Integration (Task 3-4) GIS Model Creation (Task 5) Data Connectivity/Validation (Task 6) Documentation of Procedures and Workflow (Task 9) Development of Course (Task 9) Curriculum for that Discipline Drew's Team Paul's Team (Phase 4) Development of CADD Tools and Desktop Publishing Tools GIS Extensions Integration of Outside Systems QA/QC of Applications Documentation of Programs Deployment and Training for Discipline Technical Support and Additional Programming as Necessary Repeat the Above for next Discipline Meetings, Milestones and Checkpoints: (Task 7) (Task 8) (Task 8) (Task 9) CPAU will be provided opportunities to review our progress throughout this phase. We will meet initially to collect additional information and data and then periodically to discuss progress towards completion, any desired changes, and budget conformance. Iterations of the Proof of Concept will be provided as changes are required. In this phase we will develop and execute a comprehensive training curriculum. Our objectives include: Final clarification and documentation of tasks at each staff level within each discipline to ensure quality training. Develop a custom curriculum for each utility and staff level, complete with materials that will incorporate all workflows, processes and standards developed during the project. Develop and test a final deployment configuration of the new technologies and custom applications to be used on each workstation throughout CPAU. • Execute staff training and complete software deployment. • Provide support resources as necessary to CPAU Staff to ensure their success. Have CPAU Staff bring all data not covered as part of this proposal fully current and verified within the new system. CIVIl will assist as requested. Required Input: Input from IT regarding deployment requirements or backbone infrastructure issues to ensure successful deployment. Deliverables: IVlodularized courses with outlines and complete course materials. Each module will address a specific utility and/or staff level. Curriculum will incorporate real-world project data sets whenever possible. Execution of training. • Deployment of software. CPAU Geospatial Design and IVlanagement Solution Project Page 6 of 14 Timeline and Division of Work: This phase of implementation will be handled by Drew's Data Integration and Training Team. As the tasks in Phase 3 and 4 are completed for each specific discipline, that discipline's staff will receive their training and software deployment. In this way, migrated data will not become stale. The CPAU will dictate the priority of disciplines in the rollout and each discipline will be completed and deployed prior to moving to the next discipline. A subset of CMI staff will be dedicated to assisting the deployed disciplines so that they are as productive as possible as the remainder of the disciplines come on board. Improvements to tools will be provided as requested by the deployed disciplines in order to ensure their satisfaction and success with the new system. Support and additional training will be delivered immediately and as necessary to deployed disciplines to ensure their success. CMI will be available for ongoing support and maintenance of the CPAU applications and staff. Our services are billed on a T&M basis. Our past maintenance contracts for CPA for the GIStoCAD and other support have had a Not To Exceed value of $5,000 annually. We would need to increase this amount to include Utilities. Our estimate for maintenance and support services would be less than $25,000 annually. In addition, the CPAU will be required to purchase Autodesk Subscription annually for all of their Autodesk assets as well as o·n Standards Manager Subscription. CPAU Geospatial Design and Management Solution Project Page 7 of 14 SCHEDULE Phase 1 -Assessment & Recommendations 1. Interview and Audit Existing Conditions 2. Research and Develop Proposed Solution 3. Iteration and Acceptance Phase 2 -Development of Proposed Solution 1. Develop Replacement for 4DataLink 2. Implement Check-In and Check-Out 3. Develop Direct CAD/GIS roundtrip Data App 4. Integrate AUD Workorder System 5. Integrate SAP and Other Systems 6. CAD Standards Development / Update 7. Integrate Business Processes 8. Integrate Water and Gas Data 9. Proof of Concept 10. Iteration and Acceptance Phase 3 -Data Integration 1. Task 3 Data Integration Electric, Traffic, WW 2. Task 4 Data Integration for Water and Gas 3. Task 5 GIS Model Creation for Fiber Optic, Street Light, Cathodic Protection, and New 4. Task 6 Network Connectivity Phase 4 -CADD Tools and Outside Systems Integration 1. Task 7 CADD Tools and Desktop Publishing 2. Task 8 -GIS Extensions and Outside Systems Integration 3. QNQC of Applications Phase 5 -Documentation and 1 Documentation of Procedures and Workflow 2. Documentation of 3. Development of Course Curriculum 4. Execution of CPAU Staff 5. Ongoing Support for Deployed 6. Additional Programming for Deployed Disciplines LEGEND: 2 Multi-Discipline Task Electric Discipline Task Traffic Discipline Task Wastewater Discipline Task CPAU Geospatial Design and Management Solution Project 3 4 ---• 5 6 7 8 9 10 11 12 Water Discipline Task Gas Discipline Task Fiber Optic, Street Light, & Cathodic Protection Task Meetings between CMI and CPAU Page 8 of 14 Project Costs Labor Categories CPAU Geospatial Design and Management Solution Project Page 9 of 14 CPAU Geospatial Design and Management Solution Project Page 10 of 14 Develop Comparative Analysis Tools (Task 4, Assistant Project Manager 40 $150 $§!Q~Q~ Programmer / Engineer 80 $125 $1(),000j CAD Designer 40 $75 $3,000 Sub-Total Not To Exceed Task 4 Task 4 $2"71000 .. Create Fiber Optic, Street Light, and Cathodic Protection Models Project Manager 16 $200 $3,200 (Tasks 5.1-5.3) Assistant Project Manager 16 $150 $~)~OO Engineer 160 $125 $20,000 CAD Designer 80 -----------$75 $§,OOQ Deve!op Tools to Create New Models (Task 5.4) Project Manager 8 $200 $1,600 (utilizing Topobase functionality) Assistant Project Manager 8 $150 $1,200 ~~~~~~-------- ------------------.. $125 Engineer 40 $§)QQQ ---------------- CAD Designer (Testing) 8 $75 $600 Sub-Total Not To Exceed Task 5 Task 5 $40,000 Provide Tools to Build and Add Connectivity (Tasks 6.1 & 6.2) Project Manager 8 $200 $1,600 Assistant Project Manager 8 $150 $1,~QQ.. Programmer / Engineer 80 $125 $10,000 -- CAD Designer (Testing) 16 $75 $1,200 -- COnvert and Complete Electric Connectivity (Task 6.3) Project Manager 40 $200 $13,QQQ Assistant Project Manager 40 $150 $6,000 Programmer I Engineer 80 $125 $10,000 CAD Designer 40 $75 $3 , OO.Q.. Review andC:().r:I'1J~lete Connectivitl:: for Wastewater (Task 6.6) Project Manager 40 $200 $8,000 Assistant Project Manager 40 $150 $6,QQQ... ---------------- Programmer I Engineer 80 $125 $10,000 CAD Designer 40 $75 $3,000 Create Connectivitl:: for Gas, Water, Project Manager 40 $200 $8,()QQ... Fiber Optic, and Street Lights {Tasks 6.4, 6.5-6.8) Assistant Project Manager 40 $150 $6,()OCL Programmer I EnQineer 80 $125 $10,000 CAD Designer 80 $75 $6,OQQ Travel and Living Expenses $140/night for hotel only 5 $140 $700 Sub-Total Not To Exceed Task 6 Task 6 $98,700 Total Not To Exceed Phase 3 (Tasks 3-6) J'205,7()() CPAU Geospatial Design and Solution Page 11 of 14 CPAU Geospatial Design and Management Solution Project Page 12 of 14 fur~l~ ~:~~~~~-------------------~~~~~~~----~~~~~~+-~~~ Total Not To Exceed Phase 6 First Year and Maintenance Total Not to Exceed ALL PH ALL TASKS $904.907 CPAU Geospatial Design and Management Solution Project Page 13 of 14 CPAU Geospatial Design and Management Solution Project Page 14 of 14 Proposal Evaluation Matrix Consultant Selection -Final Evaluation Team Aggregate Score Sheet Evaluator: Eyaluation Team ofSjx (see list on next pa~e) RFP Number: 132135 Date: 9/8/09 Project: Geospatial Design & Management Solution Rating: Two companies were interviewed; therefore ranking is between 1st and 2nd EXPERIENCE & QUALIFICATIONS • Company's experience in the industry • Project Manager's experience in the 30 industry 27 • Project Manager's technical 26 qualification 0-30 30 • Other staff's experience in the industry 20 • Other staffs technical qualification 30 • Company's experience with similar type of projects • Frequency of onsite staff-presence FAMILIARITY WITH THE CITY • Prior contracts with the Utilities 15 Department? 22 • Prior contracts with other Departments 22 within the City? 0-25 16 • Familiar with City's existing enterprise 10 GIS? 23 • Knowledge of CPAU's existing CAD Standards? METHODOLOGY • How well does the proposal follow the itemized requirements? • Use State-of-the-art techniques? • Logical implementation approach? 15 • Do we have a clear understanding of 16 how the end product will meet our 0-20 14 tasks? 18 • Is the stated project duration 10 reasonable? 17 • Clear stated understanding of their use of sub-consultants? • Does the proposal state each party's nsibilities PURCHASING GUIDE -ApPENDIX C PAGE1OF2 ATTACHMENT C 30 27 26 28 28 29 20 23 24 25 22 ">f;:; <-v 15 17 18 19 18 20 PROPOSED PROJECT COST • Does the cost seem reasonable (not too high, not too low)? • Does the cost seem enough to cover all tasks needed? • How much license fees or any re- occurring fees would cost the City after the project concludes? • Is the cost within the Department's budget? Evaluation Team Greg Scoby Jim Thompson John Thayer Ron Long Jose Jovel Silvia Santos PAGE20F2 0-25 15 21 20 20 15 22 ApPENDIX C -PROPOSAL EVALUATION MATRIX 20 22 22 25 23 25 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: UTILITIES DATE: OCTOBER 5, 2009 CMR: 388:09 REPORT TYPE: CONSENT SUBJECT: Approval to Amend the Existing Blanket Purchase Order with Oldcastle Precast to Appropriate $350,000 for the Purchase of Electric Utility Vaults and Equipment Pads Required for Capital Improvement Projects (CIP) and to Provide Service to New Customers RECOMMENDATION Staff recommends that Council: Approve and authorize the City Manager or his designee to amend the contract limit from $150,000 to $500,000 on the existing blanket purchase order for FY 09-10 with Oldcastle Precast Incorporated for the purchase of electric utility vaults and equipment pads. DISCUSSION Precast concrete vaults and equipment pads are required whenever electric overhead lines are undergrounded. Vaults and pads are purchased on an as needed basis for CIPs and for providing service to new business. In order to simplify procuring and timely delivery of these items staff recommended that the City'S Purchasing Department establish an an"lUal blanket contract with suppliers of vaults and pads. A Request for Quote (RFQ) for the purchase of vaults and equipment pads was issued in January 2008. The solicitation was sent to six vendors and only two responses were received. Based on the unit prices, one vendor was selected and a blanket purchase order was issued to Oldcastle Precast Incorporated in FY 08-09. The table below shows the quotes received. Vendor Quote Structure Cast $409,926 Oldcastle Precast Inc. $287,222 The expenditure for this blanket purchase order was limited to $150,000 per year. Since the RFQ had provision for two optional 12-month contract extensions, the contract was renewed in FY 09-10. During the last fiscal year, the Electric Utility has purchased approximately $130,000 of vaults and equipment pads. Page 1 of2 This year, however, the City's Utilities Department has several major underground construction CIPs. They include the underground conversion project Underground Utility District (UUD) 45 and several system rebuild projects within the boundaries of old UUDs 17 and 24. Estimated costs for vaults and equipment pads for each CIP are shown in the table below. Project Description Estimated Cost UUD45 $185,000 UUD 17 $ 67,000 UUD24 $118,000 New Business $130,000 [n order to procure the vaults and pads for these projects, the existing blanket purchase order will need to be amended in excess of authorized limit of $250,000. The anticipated expenditure on vaults and equipment pads, combined with the baseline of $130,000, will approach $500,000 this year. RESOURCE IMPACT Funds have been budgeted for the purchase of vaults and equipment pads in the FY 2009-10 Electric CIP project EL -98003, Electric Customer Connection EL-89028, EL-06oo2 (UUD 45), EL-09003 (UUD 17), and EL-10007 (UUD 24). POLICY IMPLICATIONS Authorization of this blanket purchase order does not represent any change to the existing policy. ENVIRONMENT AL REVIEW Approval to amend this blanket purchase order does not meet the definition of a "project" pursuant to California Public Resources Code Section 21065. The installation of electric utility vaults and equipment pads is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines (operation or minor alteratIon of existing public structures and facilities), and Section 15303 (installation of small new equipment and facilities). ATTACHMENT None PREPARED BY: APPROVED BY: DEPARTMENT APPROVAL: CITY MANAGER APPROVAL: CMR: 388:09 Sr. Electric Project Engineer ~--'--- Assistant Director, Engineering VaONG Director, Utilities Page 2 of2 TO: FROM: DATE: REPORT TYPE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: UTILITIES OCTOBER 5, 2009 CMR: 390:09 CONSENT Utilities Advisory Commission Recommendation to Adopt a Resolution Approving Changes to the City of Palo Alto Utilities Procedures for Customer Credit Security in Accordance with the Fair and Accurate Credit Transactions Act of 2003 RECOMMENDATION The Utilities Advisory Commission (UAC) and staff recommend that the City Council adopt a resolution approving changes to the City of Palo Alto Utilities (CP AU) "Procedures for Customer Credit Security" to continue compliance with regulations issued by the Federal Trade Commission in the Fair and Accurate Credit Transactions Act (FACT Act) of2003. BACKGROUND The FACT Act requires those entities affecting consumer credit to evaluate, and possibly create, a formal program to identify, detect, mitigate and prevent identity theft. CPAU, as a municipal utility, is a creditor and subject to the FACT Act rules. On July 29, 2009, the Federal Trade Commission delayed enforcement of the FACT Act until November 1, 2009, to give business entities additional time to determine if they must comply with the required provisions. As an early implementer, Palo Alto remains at the forefront with this program. A CPAU program (the Program) to protect customer credit information was adopted by the City Council on September 15, 2008, with a resolution approving the Utilities Department "Procedures for Customer Credit Security" (Attachment B: "Procedures"), and appointing the Director of Utilities to provide day-to-day oversight over the Program. The Director is to report on the Program annually to Council. This report will serve as the required annual report to Council on FACT Act program compliance. DISCUSSION On May 4, 2009, the City implemented a new SAP-based Utilities Customer Information System (CIS). Since the May 4 implementation, there have been no known internal or external attempts to penetrate or compromise the new SAP-CIS. CMR: 390:09 Page 1 of3 Summary of Incidents since Program Adoption in September 2008 • There was one incident where the California Driver License number of one customer was included in the name line in a postal mailing to that customer. New procedures have been established to prevent recurrence of this type of event, and Section V-5, page 9, of the Draft 2009 "Procedures for Customer Credit Security" has been updated to reflect the changes. The affected customer's account is being monitored to ensure that there are no further breaches resulting from this incident. • There was one incident where a customer used another person's credit card to pay a Utilities bill. The incident was reported to CP AU by the person whose card was used. CPAU immediately reported the incident to the Palo Alto Police Department's Identity Theft Unit for investigation and follow-up. This procedure has been codified in Section V-5, page 9 of the Draft 2009 "Procedures for Customer Credit Security". There have been no other incidents to report. Recommended Program Refinements Recommended changes to the Procedures resulting from incidents since program inception or the implementation of the new CPAU Customer Information System are described in Attachment A: Draft 2009 "Procedures for Customer Credit Security". Recommended changes include: • Securing internal and external access to the credit data in "BANNER" (the ten-year old legacy CIS and predecessor to SAP-CIS); • Updating the "Terms and Conditions" and "Frequently Asked Questions" sections relating to cyber-security for customer access and use of the new online "My Utilities Account" system (in beta test without full public access); • Developing an annual "FACT Act" training program for Customer Service employees; • Communicating Palo Alto resident identity theft reports and information between the Utilities and Police Departments. BOARD/COMMISSION REVIEW AND RECOMMENDATIONS The UAC reviewed the Program at its September 2, 2009, meeting and voted 6-0 to recommend Council approval of the changes to update the Procedures in Attachment A. RESOURCE IMPACT The impact on CP AU operating funds from implementing this Program has not been significant. There has not been significant capital expense associated with either implementing or updating this program. If a capital expense is identified, that expense will be included in the appropriate Capital Improvement Project budget. ENVIRONMENTAL REVIEW Approval of this Program does not require review under the California Environmental Quality Act (CEQA) because it does not meet the definition of a "project" pursuant to California Public Resources Code Section 21065. CMR: 390:09 Page 2 of3 ATTACHMENTS A. Resolution of the Council of the City of Palo Alto B. Draft Utilities "2009 Procedures for Customer Credit Security" C. Adopted Utilities 2008 "Procedures for Customer Credit Security" D. Utilities Advisory Commission Memorandum, dated September 2,2009: Staff Recommendation that Utilities Advisory Commission Recommend Council Adoption of a Resolution Approving Changes to the City of Palo Alto Utilities Procedures for Customer Credit Security in Accordance with the Fair and Accurate Credit Transactions Act of 2003 E. Excerpted Minutes from the September 2, 2009, Utilities Advisory Commission Meeting PREPARED BY: ~/ Assistant Director, Customer Support Services DEPARTMENT APPROVAL: CITY MANAGER APPROVAL: CMR: 390:09 Page 3 of3 ATTACHMENT A NOT YET APPROVED Resolution No. ---Resolution of the Council of the City of Palo Alto Approving Changes to the City of Palo Alto Utilities Procedures for Customer Credit Security in Accordance with the Fair and Accurate Credit Transactions Act of 2003 WHEREAS, Federal Trade Commission (FTC) regulations under the Fair and Accurate Credit Transactions Act (FACT Act) require entities which affect consumer credit to evaluate and possibly create a formal program to detect, prevent, and mitigate identity theft by November 1, 2009; and WHEREAS, a public utility is considered to offer or maintain accounts covered under the FACT Act; and WHEREAS, in 2008 the City of Palo Alto Utilities (CPAU) conducted a risk assessment to determine whether the accounts it maintains are subject to a reasonably foreseeable risk of identity theft, including a review of (1) the methods used to open accounts, (2) the methods of accessing accounts, and (3) previous experiences with identity theft: and WHEREAS, as part of the risk assessment, CP AU identified relevant "red flags" defined as patterns, practices or specific activities that indicate the possible existence of identity theft and created a set of "Procedures for Customer Credit Security" ("Security Procedures"); and WHEREAS, Council adopted CPAU's Security Procedures via Resolution No. 8857 on September 15, 2008, and appointed the Director of Utilities to provide day to day oversight and report on the Security Procedures annually to Council; and WHEREAS, CPAU reviewed its processes for opening, maintaining and accessing covered accounts during the last twelve months and identified new processes for immediate incorporation in the Security Procedures; and WHEREAS, CP AU presented the updated Security Procedures and annual report to the Utilities Advisory Commission (UAC) on September 2, 2009 and to Council on October 5, 2009; and NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council hereby approves the changes to the attached "Procedures for Customer Credit Security" in compliance with the FACT Act. 1 090930 syn 6050968 NOT YET APPROVED SECTION 2. The Council finds that the adoption of this resolution does not constitute a project under Section 21065 of the California Environmental Quality Act and the CEQA Guidelines and, therefore, no environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney 090930 syn 6050968 2 Mayor APPROVED: City Manager Director of Utilities Director of Administrative Services ATTACHMENT B DRAFT City of Palo Alto Utilities Procedures for Customer Credit Security In Accordance with the Fair and Accurate Credit Transactions Act of 2003 Approved by the City Council September 15,2008 Updated: (Proposed) September 14, 2009 1 INDEX SECTION TITLE Page I. Background 3 II. Red Flags Defined 4 III. Red Flag Detection 5 IV. Current Procedures Responding to Red Flags 6 V. 2009 Update of the FACT Act Procedures 8 VI. Program Updates and Administration 10 2 I. Background A. Purpose The Federal Trade Commission rule under the Fair and Accurate Credit TransactiorOAct of 2003 required those entities which affect consumer credit to evaluate, and possibly create, a formal program to detect, prevent and mitigate identity theft before November 1,2008. The Act focuses on "red flags" -defined as patterns, practices, or specific activities that indicate possible existence of identity theft on a covered account. B. Requirements The program must: 1) Identify "red flags" for covered accounts and incorporate those "red flags" into the program; 2) Detect "red flags" that have been incorporated into the Program; 3) Respond appropriately to any "red flags" that are detected to prevent and mitigate identity theft; 4) Ensure the Program is updated periodically, to reflect changes in identity theft risk to customers or the creditor; 5) Provide for administration of the program. C. Covered Accounts The FACT Act regulations apply to all businesses that have "covered accounts". A "covered account" includes any account for which there is a foreseeable risk of identity theft. Utilities are specifically included in the FACT Act. D. Summary The following procedures describe what "red flags" are, CPAU "red flag" detection program, how we respond to identified "red flags," and provision for the on-going administration of the program. 3 II. "Red Flags" Defined A. Red Flags "Red flags" are defined as patterns, practices or specific activities that indicate the possible existence of identity theft. Some of the identified red flags that are particularly pertinent in the Utilities lines of business are: • Inclusion of a fraud or active duty alert with a consumer report; • Notification by a consumer reporting agency of a credit freeze in response to a request for a consumer report; • Documents provided for identification that appear to have been altered or forged; • Suspicious personal identifying infonnation including failure to provide all required personal identifying infonnation; • Notification of unauthorized charges in connection with a customer's account; • Notification by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft; B. Customer Information and Red Flags Customer identifying infonnation is retained in the customer infonnation system (CIS), and this infonnation could be subject to theft. 4 III. "Red Flag" Detection A. Detection Red flags that require either freezing of an account or further research into the customer account to determine if identity theft has occurred include: • Notices from banking institutions of unauthorized charges to an account, • Notices from consumer reporting agencies on customer credit freezes, • Unverified bank information provided for bank draft payments of utilities bills, and, • Customer failure to provide either a Social Security Number, Driver's License Number, or Passport Number as required by CP AU Rule and Regulation 4 "Application for Service". Existing customers may also self-report instances of identity theft or compromise of credit security. B. Response If any of these "red flags" occur when the customer applies for CPAU service, service will not be established. Contact with CPAU by an appropriate law enforcement agency on behalf of a CP AU customer, or self-report by an existing CP AU customer reporting an incident of identity or credit theft, will require CP AU management to freeze access to the customer account information, initiate a review of the identities of staff members previously accessing the account information, and verify the appropriateness of that access. 5 IV. Current Procedures Responding to "Red Flags" A. Current Procedures There are Utilities procedures already in place to protect customers' identities and credit information from theft. Procedures will apply during the opening, transferring or closing of customer accounts. They also will apply as customer accounts and associated records are accessed. Still others apply during the billing of accounts and collection of payments. Additionally, some of the procedures that apply are initiated by Utilities staff, while others apply when customers access their own account information. 1) Masking of Customer Identity Upon opening, transferring or closing customer accounts, current customer billing procedures require the applicant (and spouse, if the account is opened in both names) to provide either hislher/their Social Security Numbers (SSN) or Driver's License Numbers (DLN). For residential customers, if the SSN or DLN is not available, the identification requirement defaults to the U.S. customer's passport number. For commercial customers, the required identification is the Tax Identification Numbers (TIN). All SSN and TIN are masked except for the last four digits. These unique numbers are used to establish credit, manage customer account security, maintain customer communication and collection action after default. This information is required under Utilities Rule and Regulations 4 "Application for Service." Refusal to provide the required information will terminate the CP AU "application for service" process. 2) Customer Security Access to Customer Accounts and Records Currently, in order to access account information online, customers must create a user name and password. These are controlled by the customer and account information is accessed via the "My Utilities Account" (MUA) web portal. Information to which customers have access includes: the name on the account, address associated with the account, consumption data; meter reads; dates of service; charges; billing adjustments; and payments. Customers can also conduct a limited number of on-line transactions, including modifying their e-mail addresses, establishing or updating a phone number, and sending a customer note to CPAU staff regarding account information. The MUA portal is undergoing revision as part of the overall SAP upgrade of the Customer Information System (SAP-CIS). Failure by the authorized account-holder to designate alternative parties to access their account information (spouse, domesticate partner, or other third-party) will restrict account access to the customer or court-ordered estate executor. 6 3) City Staff Access to Customer Accounts and Records Currently, City staff access is role-specific, and depending on the role, only certain functions within the customer information system can be accessed following access review, recommendation and approval by both Utilities Department and Administrative Services Department staff. These roles and functions include, but are not limited to: establishment and refund of deposits; billing adjustments; payment reversals; cancellation of bills; and write-off of outstanding balances. 4) Billing and Collection Currently, customers choosing to pay by bank draft submit voided checks which are kept in a locked cabinet with access restricted to the Manager, Customer Service and Meter Reading, and the Customer Service Specialist-Lead, and maintained in accordance with the City'S Records Retention Policy. Customer security deposits are manually established and tracked. Receipts produced for credit card payments only contain the last four digits of the credit card, and as an added precaution, expiration date information is not included on the receipt. While it is not a requirement, as a precautionary measure, customer data and reports are shredded before being discarded. 7 v. 2009 Update of the FACT Act Procedures On May 4,2009, the New SAP-CIS went "live." The new system carried over many of the security measures from the prior system and added new enhancements to identify, detect, prevent and mitigate identity and credit security risks. Proposed changes to the Procedures include: 1) Masking or Security of Customer Identity (PREVENT) Customer identity through the Social Security Number, is masked from view of system users except for the last four digits. SAP-CIS contains flexibility in developing user roles, which allows tighter restrictions than the previous system on which users will have access to identify and financial information. 2) Customer Security Access to Accounts and Records (DETECT, PREVENT) a) The online "My Utilities Account" system has been beta- tested and is incorporating design enhancements prior to release to the general Utilities-customer public. When released for general public use, the online services under the SAP-CIS will allow customers to better manage their own accounts as a secondary flagging system for anything that might be amiss. b) The SAP-CIS will: permit the linking of all accounts for the same customer to a single customer-created user name and password; permit viewing and payment of bills online; permit printing of monthly bills via an online download; permit self-service move-out requests and online self- enrollment in bank drafting; and permit monthly audits of bank drafting activities. 3) City Staff Security Access to Accounts and Records (DETECT, PREVENT) a) Stricter role definitions, limiting the potential of wholesale theft of information via stolen password or City staff ID, have been established under the SAP-CIS. Access to changes to customer accounts will be limited to the customer service role. Other functional areas in the City will only have the ability to view customer accounts, but will not be able to make changes, an additional security in the system. Additionally, the SAP-CIS will enable the creation of records and audit trails of reversed transactions, and will create an enhanced audit trail and record of customer refund and refund checks as a more refined tool for monitoring account 8 activity. This audit trail function requires keeping customer credit card information, but the information has been secured by full encryption. b) The Utilities customer credit card information has been encrypted in conformance with Payment Card Industry (PCI) Standards. Utilities customer credit card information is not stored on the same server that houses the portal that customers use to access their account data. Access to the data table holding the encrypted credit card numbers is only available to employees granted the proper "role". The approving authority for assigning this particular "role" is restricted to a joint Utilities/Administrative Services committee serving as the Utilities SAP "Project Management Office (PMO)". Activation of the "role" for access to the encrypted data table is restricted to three Information Technology staff members who are responsible for data management of the Utilities SAP system, and who take direction from the PMO (but are not part of the PMO). Once access to the encrypted data table is approved by the PMO, and then activated, only an expert programmer familiar with the SAP programming language and the encryption protocol can un-encrypt the data. Thus, access to the credit card data is protected by three levels of security. For quality control purposes, all access to the table containing the encrypted data is continuously monitored and tracked by the SAP-CIS audit function. 4) Enhanced Billing and Collection Security Procedures (IDENTIFY, PREVENT, MITIGATE) a) Documents containing customer information are now shredded. b) Payment transactions within the customer account are monitored and tracked. c) Staff roles and authorizations for the unmasking and transmission of customer Social Security Numbers to the City's Collection Agency are restricted. d) The SAP-CIS will automatically create a trail of every customer account and financial transaction to permit better identification of any red flags. 5) Sales and Marketing Security Procedures (PREVENT) New procedures have been implemented which requires staff review of data tables for merged documents to ensure that only customer name and mailing or service address, are displayed in any mail-merged documents or mailing labels. 9 A. VI. Program Updates and Administration Oversight of the Utilities "Procedures for Customer Credit Security" requires assigning specific responsibility for oversight, reports, and approving material changes in the procedures. Material changes in the program shall be based on experience with identity theft; changes in methods of identity theft, changes in methods to detect, prevent, and mitigate identity theft, changes in types of accounts offered, and changes in business arrangements. The Utilities Manager and Meter Reading, shall ensure that updated "Procedures for Customer Credit Security" are included in the Customer Service Representatives Training Manual and that customer-contact staff are provided with tools that can be used to assist customers who have experienced identity or credit theft. B. Role of Director of Utilities The Director of Utilities is responsible for oversight over program implementation. The Director of Utilities shall work with appropriate staff to ensure day-to-day oversight over security of customer credit information in conformance with the FACT Act. In the event there is any indication of physical or electronic threat to customer credit information or identity security, the Director of Utilities shall work with the Information Technology Division, the City Attorney's Office, and the Palo Alto Police Department as appropriate to eliminate the threat. The Director of Utilities shall submit a report at least annually to the Council, updating the Council on any material changes in the procedures, any customer credit security threats or actual theft of customer credit information. C. Role of Council The Council shall review reports submitted and consider and approve appropriate material changes to the program. 10 ATTACHMENTC City of Palo Alto Utilities Procedures for Customer Credit Security In Accordance with the Fair and Accurate Credit Transactions Act of 2003 Approved by the City Council September 15,2008 CPAULogo City of Palo Alto Logo Background The Federal Trade Commission rule under the Fair and Accurate Credit Transaction Act requires entities which affect consumer credit to evaluate and possibly create a formal program to detect, prevent and mitigate identity theft before November 1, 2008. The Act focuses on "red flags" defined as patterns, practices, or specific activities that indicate possible existence of identity theft on a covered account. The pro gram must: 1) Identify red flags for covered accounts and incorporate those red flags into the program; 2) Detect red flags that have been incorporated into the Program; 3) Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; 4) Ensure the Program is updated periodically, to reflect changes in identity theft risk to customers or the creditor; 5) Provide for administration of the program. This section describes what red flags are, our red flag detection program, how best to respond to any identified red flags, and on-going administration of the program. What are Red Flags? "Red flags" are defined as patterns, practices or specific activities that indicate the possible existence of identity theft. Some of the identified red flags that are particularly pertinent in the Utilities lines of business are: • Inclusion of a fraud or active duty alert with a consumer report; • Notification by a consumer reporting agency of a credit freeze in response to a request for a consumer report; • Documents provided for identification that appear to have been altered or forged; • Suspicious personal identifying information including failure to provide all required personal identifying information; • Notification of unauthorized charges in connection with a customer's account; • Notification by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft; A number of other red flags are identified for creditors that extend credit to customers for services that can be used anywhere such as through credit cards or cell phones. Some of the red flags which deal with illegal use of available credit for cash advances, use of an account in a manner that is not consistent with established patterns of activity on the account, a fictitious address, or failure to meet "challenge questions" used in authenticating customer information are directly suited to other types of services such as credit card or cell phone services, but are not necessarily a major risk for utilities services. In the case of utilities accounts, service is to a specific address and the service itself is not easily transferred (except by physical and illegal connection, constituting theft of service, but not necessarily identity theft) to another address. However, customer identifying information is retained in the customer information system, and this information could be subject to theft. Those red flags that deal with theft of such customer information are of greater relevance to the customer information system maintained by the City of Palo Alto and are listed above. Red Flag Detection Question: do we ever request consumer reports on our customers including businesses?? Notices from banking institutions of unauthorized charges to an account, notices from consumer reporting agencies on customer credit freezes, unverified bank information provided for bank draft payments of utilities bills, and customer failure to provide either a Social Security Number, Driver's License Number, or U. S. Passport Number are all red flags that require either freezing of an account or further research into the customer account to determine if identity theft has occurred. If any of these red flags occur at customer initiation of service, service will not be established. Response to Red Flags Current Procedures Currently, procedures are in place to protect customers' identities from theft. Some of the procedures apply during the opening, transferring or closing of customer accounts. Others apply as customer accounts and associated records are accessed. Still others apply . during the billing of accounts and collection of payments. Additionally, some of the procedures that apply are initiated by Utilities staff, while others apply when customers access their own account information. • Masking of Customer Identity Upon opening, transferring or closing customer accounts, current customer billing procedures require the applicant (and spouse if account is in both names) to provide either hislher/their Social Security Numbers (SSN) or Driver's License Numbers (DLN). For residential customers, if the SSN or DLN is not available, identification requirement defaults to the U.S. Passport Number. For commercial customers, the required identification is the Tax Identification numbers. All SSN and Tax Identification numbers are masked except for the last four digits. • Security Access to Customer Accounts and Records Customer Access: Currently, in order to access account information online, customers must create a user name and password. These are controlled by the customer and account information is accessed via the "My Utilities Account" web portal. Information to which customers have access includes: the name on the account, address associated with the account, consumption data, meter reads, dates of service, charges, billing adjustments and payments. Customers can also conduct a limited number of on-line transactions including modifying their e-mail addresses, establishing or updating a phone number, and sending a customer note to CPAU staff regarding account information. City Staff Access: Currently, City staff access is role-specific, and depending on the role, only certain functions within the customer information system can be accessed following access review and approval by the Utilities Customer Service Manager.KevinlAnthony ... can you please provide one or two examples of how this works today, and how access will be more strictly defined under SAP?? • Billing and Collection Currently, customers choosing to pay by bank draft submit voided checks which are kept in a locked cabinet and maintained in accordance with the City's Records Retention Policy. Customer security deposits are manually established and tracked. Receipts produced for credit card payments only contain the last four digits of the credit card, and as an added precaution, expiration date information is not included on the receipt. While not a requirement, as a precautionary measure, customer information is typically shredded before being discarded. FACT Act Procedure Updates Enhancements to current customer identity security procedures will either be implemented immediately, or will be enabled in the new SAP-based customer information system (SAP-CIS) scheduled to go online in 2009. • Enhanced Masking or Security of Customer Identity Customer identity will continue to be masked except for the last four digits. SAP-CIS will contain greater flexibility in developing user roles, which will allow tighter restrictions on which users will have access to information such as "business partner" (including spouse) information. • Enhanced Security Access to Customer Accounts and Records Customer Access: Enhanced online services under the SAP-CIS will allow customers to better manage their own accounts as a secondary flagging system for anything that might be amiss. The SAP-CIS will permit the linking of all accounts for the same customer to a single customer-created user name and password; permit viewing and payment of bills online; permit printing of monthly bills via an online download; permit self-service move-out requests and online self- emollment in bank drafting; and permit monthly audits of bank drafting activities. City Staff Access: Stricter role definitions, limiting the potential of wholesale theft of information via stolen password or City staff ID, will be allowed under the SAP-CIS. Access to changes to customer accounts will be limited to the customer service role. Other areas (Accounting) will only have the ability to view customer accounts, but will not be able to make changes, an additional security in the system. Additionally, the SAP-CIS will enable the creation of records and audit trails of reversed transactions, and will create an enhanced audit trail and record of customer refund and refund checks as a more refined tool for monitoring account activity. • Enhanced Billing and Collection Security Procedures Enhancement for immediate implementation: The required shredding of all customer account documents prior to disposal. In parallel with the development of the SAP-based CIS system, the Customer Services Manager is directing a review of the creditworthiness policies and is evaluating FICO scoring systems to determine their applicability to CP AU's customer creditworthiness assessments. Implementation of the new creditworthiness procedures is scheduled to coincide with the implementation of the SAP-based CIS replacement project in 2009. Additionally, when the SAP-CIS is implemented in 2009, customer bank account information will be masked in the system, and access to unmasked information will be restricted to one or two users through "Role Definition" and authorization The SAP-CIS will automatically create a trail of every customer account and financial transaction to permit better identification of any red flags. The SAP- CIS will not store credit card information, reducing one of the theft targets. Program Updates and Administration Oversight of the program involves assigning specific responsibility for oversight, reviewing reports, and approving material changes in the program. Material changes in the program shall be based on experience with identity theft; changes in methods of identity theft, changes in methods to detect, prevent, and mitigate identity theft, changes in types of accounts offered, and changes in business arrangements. The Director of Utilities shall be responsible for oversight over program implementation. The Director of Utilities shall work with the Assistant Director of Customer Support Services and the Customer Services Manager to ensure day-to-day oversight over security of customer credit information in conformance with the FACT Act. In the event there is any indication of physical or electronic threat to customer credit information or identity security, the Director of Utilities shall work with the Information Technology Division, the City Attorney's Office, and the Palo Alto Police Department as appropriate to eliminate the threat. The Director of Utilities shall submit a report at least annually to the Council, updating the Council on any material changes in the program, any customer credit security threats or actual theft of customer credit information. The Council shall review reports submitted and consider and approve appropriate material changes to the program. The Customer Services Manager shall ensure updated versions of the program are included in the Customer Service Representatives Training Manual. TO: FROM: DATE: SUBJECT: REQUEST ATTACHMENTD 4 MEMORANDUM UTILITIES ADVISORY COMMISSION UTILITIES DEPARTMENT SEPTEMBER 2, 2009 STAFF RECOMMENDATION THAT UTILITIES ADVISORY COMMISSION RECOMMEND COUNCIL ADOPTION OF A RESOLUTION APPROVING CHANGES TO THE CITY OF PALO ALTO UTILITIES PROCEDURES FOR CUSTOMER CREDIT SECURITY IN ACCORDANCE WITH THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 Staff requests that the Utilities Advisory Commission recommend that the City Council adopt a resolution approving changes to the City of Palo Alto Utilities (CPAU) "Procedures for Customer Credit Security" to comply with regulations issued by the Federal Trade Commission in the Fair and Accurate Credit Transactions Act (FACT Act) of2003. BACKGROUND The FACT Act requires entities which can affect consumer credit to evaluate and possibly create a formal program to identify, detect, mitigate and prevent identity theft. CPAU, as a municipal utility, is a creditor and subject to the FACT Act rules. A CPAU program to protect customer identification and credit information was adopted by the City Council on September 3, 2008, with a resolution approving the Utilities Department "Procedures for Customer Credit Security" (Procedures), and appointing the Director of Utilities to provide day-to-day oversight over the program. A staff report to Council on program compliance with the FACT Act is required annually. DISCUSSION This Memorandum will serve as the basis for the required annual report to Council on program compliance with the FACT Act. Recommended changes to the Procedures resulting from any incidents since program inception or the new CP AU Customer Information System are included in Attachment A. The FACT Act utilizes a variety of "red flags" to highlight areas of possible risk for identity theft. These "red flags" are defined as patterns, practices or specific activities that can indicate Page 1 of3 the possible existence of identity theft. The "red flags" most relevant to CP AU are identified in Attachment A, "City of Palo Alto Utilities Procedures for Customer Credit Security", Section II- A, page 4, in the "2009 Update of the FACT Act Procedures." Summary of "Red Flag" Incidents since Program Adoption in September 2008 • Since adoption of the Procedures, there have been no known external attempts to penetrate or compromise the Utilities CIS. • There was one incident where the California Driver License number of one customer was included in the name line in a postal mailing to that customer. New procedures have been established to prevent recurrence of this type of event, and Section V -5, page 9, of the "2009 Update of the FACT Act Procedures" has been updated to reflect the changes. The affected customer's account is being monitored to ensure that there are no further breaches resulting from this incident. • There was one incident where a customer used another person's credit card to pay a Utilities bill. The incident was reported to CP AU by the person whose card was used. CPAU immediately reported the incident to the Palo Alto Police Department's Identity Theft Unit for investigation and follow-up. This procedure has been codified in Section V -6, page 9 of the "2009 Update of the FACT Act Procedures". There have been no other incidents to report. Summary of Recommended Program Changes The 2008 version of the Procedures was based on the City's policies, procedures, and Utilities Customer Information System (CIS) in place at the time of adoption. On May 4, 2009, the City implemented a new SAP-based Utilities Customer Information System (CIS). Since the May 4, implementation, there have been no known internal or external attempts to penetrate or compromise the new SAP-CIS. Implementation of the SAP-CIS required a review of the business practices, policies and procedures for protecting customer credit information in the areas of customer service, billing, financial management and online services. Recommended changes to CP AU's "Procedures for Customer Credit Security" include: • Securing internal and external access to the data in "BANNER" (the ten-year old predecessor to SAP-CIS); • Updating the "Terms and Conditions" and "Frequently Asked Questions" sections relating to cyber-security for customer access and use of the online "My Utilities Account" system; • Developing an annual FACT Act training presentation for employees; • Communicating Palo Alto resident identity theft reports between the Utilities and the Police Departments. Attachment A updates the "Procedures for Customer Credit Security" with the recommended changes for implementation in 2009-10. Proposed changes are shown in redline/strikeout format. RESOURCE IMPACT Costs to implement the CP AU "Procedures for Customer Credit Security" program are included in the operating or capital budgets for the support of the new SAP Customer Information System. Page 2 of3 ENVIRONMENTAL REVIEW The program does not constitute a project under the California Environmental Quality Act pursuant to California Public Resources Code Section 21065; therefore, no environmental assessment is required. ATTACHMENT A: Draft Utilities "2009 Procedures for Customer Credit Security" PREP ARED BY: DEP ARTMENT HEAD: TOM AUZENNE Assistant Director, Customer Support Services VALERIE O. FONG Director of Utilities Page 3 of3 ATTACHMENTE Excerpt from Draft Minutes of September 2, 2009, UAC Meeting ITEM 4: ACTION ITEM: Staff Recommendation that Utilities Advisory Commission Recommend Council Adoption of a Resolution Approving Changes to the City of Palo Alto Utilities Procedures for Customer Credit Security in Accordance with the Fair and Accurate Credit Transactions Act of 2003 Assistant Director Tom Auzenne said that he was available to answer any questions the UAC might have about the FACT Act or the report. Vice Chair Waldfogel questioned whether the City's procedure could be considered to be a best management practice. Auzenne responded that it could. This process in Palo Alto is a work in process, based on research with many other agencies. Waldfogel then questioned whether NCPA has a reference policy for Palo Alto to use. Director Fong responded that NCPA does not have such a policy for comparison, and that NCPA's customers are other utilities, including the City, and not direct consumers. ACTION: Commissioner Eglash moved the staff recommendation to recommend Council approve changes to procedures in accordance with the FACT Act. Commissioner Foster seconded the motion. The motion passed unanimously (6-0). TO: HONORABLE CITY COUNCIL 7 FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: OCTOBER 5, 2009 CMR: 393:09 REPORT TYPE: CONSENT SUBJECT: Recommendation from Policy & Services Committee to Adopt a Resolution Amending the City Council Procedures Related to the Council Meeting Agenda Order RECOMMENDATION Staff and the Policy & Services Committee recommend that the Council adopt a resolution (Attachment A) amending the City Council Procedures related to Council meeting agenda order and categories of items on the agenda, thereby simplifying the agenda for ease of public understanding. COMMITTEE REVIEW AND RECOMMENDATION At the September 10, 2009 Policy & Services Committee meeting, staff brought forward a report discussing changes to the current Council agenda structure and format based on discussions amongst the City Manager's Office, City Clerk's Office and City Attorney's Office (Attachment B). Staff has included the minutes from that meeting as Attachment C. This report brings forth one recommended change that requires an amendment to the City Council procedures. The yommittee recommended 4-0 that the Council approve this recommended change. The proposed change would collapse the number of agenda categories currently listed in the procedures. By structuring the agenda order and categories as currently detailed in the Council procedures, staff is limited in the ability to place items on the agenda in a manner that would facilitate public comment. While this proposed change will not be a panacea, it will provide staff with the flexibility to rearrange items on the agenda based more on the potential for Council and public discussion as opposed to a proscribed agenda order. It would also help to simplify the agenda for both staff and members of the public. This change is just one of a series of changes to the agenda process and format that staff are considering. Many of the changes being considered do not require Council action. Other future changes might include: layout and format of City Manager reports; creating shorter agenda titles to allow for public ease of understanding; timing of distribution of Council packets; and others. RESOURCE IMPACT CMR:393:09 Page 1 of2 The recommendations in this report do not have any resource impact. POLICY IMPLICATIONS The recommendations in this report are consistent with City policies and previous Council direction. This recommendation helps to support the Council's top 3 priority of Civic Engagement for the Common Good by simplifying the Council agenda in a manner that allows for better public understanding. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Resolution Approving Changes to the' City Council Procedures Attachment B: September 10,2009 City Manager's Report to Policy & Services Committee Attachment C: Minutes from September 10, 2009 Policy & Services Committee Meeting PREPARED BY: KELL Y MORARIU Assistant to the City Manager CITY MANAGER APPROVAL: CMR:393:09 Page 2 of2 Attachment A * NOT YET APPROVED * Resolution No. Resolution of the Council of the City of Palo Alto Amending City Council Procedures Related to Council Meeting Agenda Order WHEREAS, Palo Alto Municipal Code section 2.04.100 requires the Council to establish a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the Council and its standing committees, including but not limited to agenda requirements, the order of bJ,lsiness, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings; and WHEREAS, the Council wishes to facilitate public participation in Council proceedings and in order to assure procedural fairness during meetings and hearings; and WHEREAS, the Council desires to further expand and implement the public's rights to participate in open government as set forth in the Ralph M. Brown Act, Government Code section 54950, et seq. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. Section II (B)(I)( c) titled "Agenda Order" of the City Council Procedures and Council Protocols is hereby amended to read as set forth in Exhibit "A" to this Resolution. II II II II II II II II II II 090929 sh 8261167 1 * NOT YET APPROVED * SECTION 2. The Council finds that there is no possibility that the provIsIOns of the City Council Procedures will have a significant effect on the environment and upon that basis finds the project exempt from the provisions of the California Environmental Quality Act. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager City Attorney 090929 sh 8261167 2 * NOT YET APPROVED * EXHIBIT" A" (c) Agenda Order. City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below. It is the Council's policy to hear the major items of business first at each meeting, to the extent possible. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda of the Council, and the City Clerk shall publish in the agenda digest, items that shall be taken up first or at a specific time during the course of the meeting. The City Council may take matters up out of order upon approval by a majority vote of those present: 1) Roll call; 2) Special orders of the day; 2a) City Manager Comments; 3) Oral communications, including oral communications related to any study session that began immediately before the regular meeting; 4) Approval of minutes; 5) Consent calendar. Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. The consent calendar shall be voted upon as one item. 090929 sh 8261167 (a) Council Comment. No discussion or debate shall be permitted upon items upon the consent calendar; however, any Council Member may request that his or her vote be recorded as a "no" or "not participating" due to a specified conflict of interest on any individual item. Council Members may also explain their "no" votes at the end of the Consent Calendar, with a 3 minute time limit for each Council Member. Council Members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements. (b) Public Comment. If members of the public wish to speak to items on the Consent Calendar, the Mayor will have the option of allowing the testimony prior to adoption of the Consent Calendar, or removing the item from the consent calendar and hearing the public comment at a later time, prior to the vote on the item. 1 090929 sh 8261167 * NOT YET APPROVED * (c) Council Requests to Remove Item. Any Council Member may request that an item be removed from the consent calendar; if the request is seconded, the item will be removed from the consent calendar. The City Manager's office should be advised, in writing, of a request for removal no later than noon the day of the meeting. (d) Hearing of Removed Items. Removed items will be heard either later in the meeting or agendized for a discussion at a subsequent meeting, depending upon the number of speakers and the anticipated length of the items that have been officially scheduled for discussion on a particular evening. The Mayor will decide when during the meeting any removed items will be heard. (e) Consent calendar categories. The consent calendar shall be presented in 5 categories in the following order: (1) Ordinances and resolutions. The Mayor shall read the titles of each ordinance and resolution before Council action. The Council may by majority vote request that the ordinance be read in full. The following ordinances and resolutions may appear on a consent calendar: (i) Second Reading (passage and adoption) of Ordinances. (ii) a resolution which are ceremonial in nature. (iii) Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans); and the Council Top Priority Workplan, among other sources. (iv) Budget amendment ordinances that accept funding such as grants or gifts, provided Council has previously approved the activity or program. (v) Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. (2) Administrative matters including contracts, appointments, approval of applications, and any other matter. The titles of administrative matters need not be read. An administrative matter may be placed on the consent calendar if it is: 2 090929 sh 8261167 * NOT YET APPROVED * (a) An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the staff report accompanying the item. (b) A contracts for which the subject or scope of work has been previously reviewed by the City Council. (c) A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include: routine maintenance contracts, annual audit agreement; software and hardware support agreements, janitorial services, copier agreements or postage machine agreements. (d) Rejection of bids. (e) Designation of heritage trees. (f) Designation of historic building at the request of the property owner if there are no unusual policy ramifications. (g) Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity. (h) Formal initiation, for consideration at a later date, of a zoning code amendment or review process, such as preliminary review. (i) Status report required by law for fee administration. G) Cancellation of meetings or scheduling of special meeting. (3) Request to refer items to any Council Standing Committee, committee, board, commission or Council Appointed Officer. The consent calendar includes matters for which staff is merely seeking Council approval of a referral to a Council standing committee or other City official, advisory board or commission. This does not preclude staff from making referrals to the standing committees. Staff uses such referrals in order to expedite the business of the full Council, since its agenda is so full. Discussion of a complex issue 3 * NOT YET APPROVED * by another body, provides an opportunity for public input and extended discussion by the members of the body. The full Council is then able to benefit from the minutes of that discussion when the item comes back to the Council for final approval. This practice also allows the City/School Liaison Committee to consider items of interest to both agencies without having to go through the formality of a Council agenda referral. (4) Items recommended for approval if the Committee unanimously recommends placement on the consent calendar, by a majority of a Council Committee. (5) Items recommended for approval, and for placement on the consent calendar, by any council-appointed boards and commissions, provided that other public hearing requirements are not in effect. 6) Agenda changes, additions, and deletions; 7) Unfinished business; .ID Public he~iRgS; Action Items: 81 Ca) Public Hearings. 91 (b) Reports of committees/commissions. +G} (c) Ordinances and Resolutions. +l1 .1,::(d::,L)_--,Reports of officials. ~ (e) Council matters. Any two Council Members may bring forward a colleague memo on any topic to be considered by the entire Council. Two Council Members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to four Council Members may sign a colleague memo. The City Attorney recpmmends that the colleague memo be limited to three Council Members in order to avoid the potential of a Brown Act issue. Prior to preparing a colleague memo, Council Members will consult with the City Manager to determine whether he/she is or is willing and able to address the issues as part of hislher operational authority and within current budgeted resources. Council Members are encouraged to share a draft of the proposed colleague memo with the City Manager or appropriate senior staff prior to finalization. Completed Council colleague memos shall be provided to the City Clerk's staff by noon on the Wednesday prior to the Council 090929 sh 8261167 4 * NOT YET APPROVED * meeting that the memo is intended to be agendized, to provide time for the City Clerk to process for the Council packet. The City Council will not take action on the night that a colleague memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the colleague memo and then direct the City Manager to agendize the matter for Council action within two meetings, allowing City staff time to prepare a summary of staffing and resource impacts. Action may be taken immediately by the Council on colleague memos where there are no resource or staffing implications or where these are fully outlined in the colleagues memo. The Brown Act requires that the public be fully informed of the potential action by the Council via the Agenda 72 hours before a scheduled Council meeting. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleague memo contains all actions that the Council Members want completed on the night of the Council review. H2) Council member Questions, Comments and Announcements. The purpose of this agenda item is to allow Council to question staff briefly on matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. New assignments will not be given nor will major policy issues be discussed or considered. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally be limited to 15 minutes in length and the public may not speak to matters discussed; +410) Closed Sessions; +§.ll) Special closed sessions will be scheduled before or after regular or special Council meetings to the extent possible and appropriate. Closed sessions may be scheduled during a regular or special Council meeting, but this is discouraged by Council; Mll) Adjournment. 090929 sh 8261167 5 Attachment B TO: HONORABLE CITY COUNCIL ATTN: POLICY AND SERVICES COMMITTEE FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: SEPTEMBER 10,2009 CMR: 367:09 'SUBJECT: Recommendation for Approval of Changes to Council Procedures Related to the Council Meeting Agenda Order and Category Titles RECOMMENDATION . Staff recommends' that the Policy and Services Committee recommend to the City Council approval of changes to the Council Procedures related to Council meeting agenda. order and categories of items on the agenda, thereby simplifying the agenda for ease of public understanding. DISCUSSION Staff from the City Manager's Office, City Clerk's Office and City Attorney's Office have been reviewing the current agenda structure and format in an effort to simplify the agenda for ease of public use and to allow for arrangement of items on the agenda to accommodate public comment. This item brings forth one recommended change that requires an amendment to the City Council procedures. The proposed change would collapse the number of agenda categories currently listed in the procedures. Section II of the City Council procedures outlines the guidelines related to Council meetings and agendas. Page 11-4 of that section outlines the agenda order and agenda categories (Attachment A). The current agenda order for regular meetings is as follows: 1) Roll Call 2) Special Orders of the Day 2a) City Manager Comments 3) Oral Communications 4) Approval of Minutes 5) Consent Calendar 6) Agenda Changes, Additions and Deletions 7) Unfinished Business CMR:367:09 Page 1 of3 8) Public Hearings 9) Reports of Committees/Commissions 10) Ordinances and Resolutions 11) Reports of Officials 12) Council Matters 13) Council Member Questions, Comments and Announcements 14) Closed Sessions 15) Special Closed Sessions (can be scheduled before, during or after regular or special Council meetings) 16) Adjournment The proposed agenda order and categories would be as follows: 1) Roll Call 2) Special Orders of the Day 2a) City Manager Comments 3) Oral Communications 4) Approval of Minutes 5) Consent Calendar 6) Agenda Changes, Additions and Deletions 7) Unfinished Business 8) Action Items (to include the former categories of Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials and Council Matters) 9) Council Member Questions, Comments and Announcements 10) Closed Sessions 11) Special Closed Sessions (can be scheduled before, during or after regular or special Council meetings) 12) Adjournment By structuring the agenda order and categories as currently detailed in the Council procedures, staff is lirruted in the ability to place items on the agenda in a manner that would facilitate public comment. For example, members of the public have recently complained that many items with significant public comment are not discussed by the Council until very late in the evening. While this proposed change will not be a panacea, it will provide staff with the flexibility to rearrange items on the agenda based more on the potential for Council and public discussion as opposed to a proscribed agenda order. It would also help to simplify the agenda for both staff and members of the public. Many people do not understand the difference between a public hearing and a report of officials but they do understand an action item. While this is not a major change to the agenda, it is one step of many that staff are evaluating to improve public accessibility to Council meeting agendas and information. Staff are also looking at the layout and format of City Manager Reports in the hopes of making some changes to these in the near term. This type of change would not require Council approval but will change the appearance of the Council agenda packets. After review and recommendation by the Policy & Services Committee, staff will prepare a red- line strike out version of the procedures and a resolution for adoption by the Council. CMR:367:09 Page 2 of3 RESOURCE IMPACT There are no resource impacts associated with the recommendations in this report. POLICY IMPLICATIONS This recommendation helps to support the Council's top 3 priority of Civic Engagement for the Common Good by simplifying the Council agenda in a manner that allows for better public understanding. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Excerpt from City Council Procedures (pp. 11-4 to 11-10) PREPARED BY: CITY MANAGER APPROVAL: CMR:367:09 KELLY MORARIU Assistant to the City Manager Page 3 of3 Attachment A City Council Procedures Handbook b. The Council Member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the locati9n and confirming that posting has occurred. The City Clerk will assist, if . necessary, by faxing or mailing the agenda to whatever address or fax number the Council Member requests; however, it is the Council Member's resporisibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the one-week advance written notice above. c. The Council Member must ensure that the location will be publicly accessible while the meeting is in progress. d. The Council Member must state at the beginning of the Council meeting that the" 72.-hour posting requirement was . met at the location and that the location is publicly accessible, and must describe the location. e. Furthermore, the City Clerk will provide Council with a quarterly report detailing the telephone charges associated with teleconferenced meetings. b) Items considered after 10:30 p.m. The City Council makes every effort. to· end its meetings before 11 :00 p.m. The Council also generally does not take up new matters after 10:30 p.m. Before 10:00 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 and, if so, which specific items will be taken up. c) Agenda Order. City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below. It is the Council's policy to hear the major items of business first at each meeting, to the extent possible. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda ofthe Council, and the City Clerk shall publish in the agenda digest, items that shall be taken up first or at a specific time during the course of the meeting. v The City Council may take matters up out of order upon approval by a majority vote of those present: 1) Roll call; II-4 City Council Procedures Handbook (Revised 4/13/09) City Council Procedures Handbook 2) Special orders of the day; 2a) City Manager Comments; """ 3) Oral communications, including oral communications related to any study session that began immediately before the regular meeting; 4) Approval of minutes; 5) Consent calendar. Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. The consent calendar shall"be voted upon as one item. (a) Council Comment. No discussion or debate shall be permitted upon items upon the consent calendar; "however, " any Council Member may request that his or her vote be recorded as a "no" or "not participating" due to a specified conflict of interest on any individual item. Council Members may also explain their "rio" votes at the end of the Consent Calendar, with a 3 minute time limit for each Council Member. Council Members may also submit statements in writing to the City Clerk before action is taken. The "City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meetin~ make reference to the existence and location of such written statements. (b) Public Comment. If members of the public wish to speak " to items "on the Consent Calendar, the Mayor will have the option of allowing the testimony prior to adoption of the Consent Calendar, or removir).g the item from the consent calendar and hearing the public comment at a later time, prior to the vote on the item. (c) Council Requests to Remove Item. Any Council Member may request that an item be removed from the consent calendar; if the request is seconded, the item will be removed from the consent calendar. The City Manager's office should U-5 City Council Procedures Handbook (Revised 4/13/09) City Council Procedures Handbook be advised, in writing, of a request for removal no later than noon the day of the meeting. (d) Hearing of Removed Items. Removed items will be heard either later in the meeting or agendized for a discussion , at a subsequent meeting, depending upon the number of speakers and the anticipated length of the items that have been officially scheduled' for discussion on a particular evening. The Mayor will decide when during the meeting any removed items will be heard. (e) -Consent calt=mdar categories. The consent calendar shall be presented in 5 categories in the following order: -(l) Ordinances and resolutions. The Mayor shall read the titles of each ordinance and resolution before Council action. The Council may by majority vote request that the ordinance be read in full. The following ordinances and resolutions may appear on a consent calendar: (i) Second Reading (passage and adoption) of Ordinances. (ii).a resolution which are ceremonial in nature. (iii) Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans); and the Council Top Priority Workplan, among other sources. (iv) Budget amendment ordinances that accept funding such as grants or gifts, provided Council has previously approved the activity or program. (v) Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by CounCil. (2) Administrative matters including contracts, appointments, approval of applications, and any other matter. "The titles of administrative matters need not be read. An administrative matter may be placed on the consent calendar if it is: City Council Procedures Handbook (Revised 4113/09) 11-6 City Council Procedures Handbook (a) An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the staff report accompanying the item. (b) A contracts for which the subject or scope of work has been previously reviewed by the City Council. (c) A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale conunodities, purchases, as outlined in the Purchasing Ordinance, provided· such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include: routine maintenance contracts, annual audit agreement; software and hardware support agreements, janitori~l services, copier agreements or postage machine agreements. ·(d) Rejection of bids. (e). Designation of heritage trees. (f) Designation of historic building at the request of the property owner if there are no unusual policy ramifications. (g) Approval of funding applications, such as grants or loans, provided that Council has previously approved the general.program or activity. (h) Fonnal initiation, for consideration at a later date, of a zoning code amendment or review process, such as preliminary review. (i) .Status report required by law for fee administration. 0) Cancellation· of meetings or scheduling of special meeting. (3) Request to refer items to any Council Standing Committee, committee, board, commission or Council Appointed OffiCer. The consent calendar includes matters for which staff is merely seeking Council approval of a City Council Procedures Handbook (Revised 4/13/09) II-7 City Council Procedures Handbook referral to a Council standing committee or other City official, advisory board or commission. This does not preclude staff from making referrals to the standing committees. Staff uses such referrals in ord~r to expedite the bu'siness of the full Council, since its agenda is so full. Discussion of a complex-issue by another body, provides an opportunity for, public input and extended discussion by the members of the body. The full Council is then able to benefit from the minutes of that discussion when the item comes back to the Council for final approval. This practice also allows the City/School Liaison Committee to consider items of interest to both agencies without having to go through the fonnality of a Council agenda referral. (4) Items recommended for approval if the Committee unanimously recommends placement on the consent calendar, by a majority of a Council Committee. ' (5) Items recommended for approval, and for placement on the consent calendar, by any council-appointed boards and commiSSions, . provided that other public hearing requirements are not in effect. 6) , Agenda changes, additions, and deletions; . 7) Unfinished business; -(0,,-...... -;/' W' A c.:.\-"D t\ -8) Public hearings; .~ 9) Reports of committees/commissions; -10) Ordinances and Resolutions; _ 11) Reports of officials; 12) Council matters; (-a)-Any two Council Members may bring forward a colleague memo on any topic to be considered by the entire Council. Two Council Members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to four Council Members may sign a colleague memo.· The City Attorney recommends that the colleague memo be limited to three Council Members in order to avoid the potential of a Brown Act Issue. Prior to preparing a colleague memo; Council Members City Council Procedures Handbook (Revised 4/13/09) 11-8 City Council Procedures Handbook will consult with the City Manager to detennine whether he/she is or is willing and able to address the issues as part of hislher operational authority and within current budgeted resources. Council Members are encouraged to share a draft of the proposed , colleague memo with the City Manager or appropriate senior staff prior to finalization. Completed Council colleague memos shall be provided to the City Clerk's staff by noon on the Wednesday prior to the Council meeting that the memo is intended to be agendized, to provide time for the City Clerk to process for the Council packet. The City Council will not take action on the night that a colleague memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the colleague memo and then direct the . City Manager to agendize the matter for Council action within two meetings, allowing City staff time to prepare a summary of' staffing and resource impacts. Action may be taken immediately by the Council on colleague memos where there are no resource or staffing implications or where these are fully outlined in the colleagues memo. The Brown Act requires that the public be fully infonned of the potential action by the Councjl via the Agenda 72 hours before a scheduled Council meeting. In order to satisfY the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleague memo contains all actions that the Council Members want completed on the night of the Council review. at ''N) Council member Questions, Comments and Announcements. The purpose of this agenda item is to allow Council to question staff briefly on matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community 'concern, or make brief announcements in a manner consistent with Government Code section 54952.2. New assignments will not be given nor will major policy issues be discussed or considered. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally be limited to 15 minutes in length and the public may not speak to matters discussed. 14) Closed Sessions. 15) Special closed sessions will be scheduled before or after regular or special Council meetings to the extent possible and City Council Procedures Handbook (Revised 4/13/09) 11-9 , . City Council Procedures Handbook appropriate. Closed sessions may be scheduled during a regular or special Council meeting, but this is discouraged by CounciL 16) Adjournment. ., d) Unfinished and Continued Business. When the Council is unable to complete its agenda the remaining business will generally be rescheduled as follows. Nothing in this section shall be deemed to supersede or conflict with state law. (1) Meeting adjourned sine die. When a regular meeting is adjourned sine die (without a day), all unfinished items will be listed under unfinished business on the next regular Council meeting agenda; except, that where deemed necessary, the City Clerk, with the City M;anager's concurrence,. may place those business items in a different order on the agenda. (2) Meeting adjourned to date certain. When a regular meeting is adjourned to another regular meeting night, all unfinished items will be listed in their original order after roll call on the agenda of such designated regular meeting. (3) Continued items. When an item on the agenda is continued to a subsequent meeting, such item will be listed under unfinished business on such agenda unless the Council by majority vote chooses to place such item in a different location on such agenda or unless the City Clerk, with the City Manager's concurrence, deems it necessary to place such item at a different location on such agenda. e) Adding New Items to the Agenda. No matters other than those on the agenda shall be finally acted upon by the Council. However, emergency actions (as defined in Government Code section 54956.5) and matters upon which there is a lawful need to take immediate action (as defined in Government Code section 54954.2) may, with the consent of two-thirds, or all mempers present if less than two- thirds are present, be considered and acted upon by the CounciL 2. SpeCial Meetings. Special meetings may be called by the Mayor or City Council by providing a minimum of 24-hours posted notice in the manner required by state law. To the greatest extent possible, special meetings called for other than regular meeting days should be scheduled by a majority of the Council present and voting at a regular meeting. vi Unlike Ci~Councii Procedures Handbook (Revised 4(13/09) 11-10 Attachment C POLICY AND SERVICES COMMITTEE Regular Meeting September 10, 2009 Chairperson Espinosa called the meeting to order at 8:53 p.m. in the Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Present: Espinosa (Chair), Barton, Kishimoto, Yeh 1. Oral Communications None 2. Recommendation for Approval of Changes to Council Procedures Related to the Council Meeting Agenda Order and Category Titles. Assistant to the City Manager, Kelly Morariu said this item is part of Staff efforts to streamline the agendas and make them more user friendly for the public. Currently there are 'required categories such as Public Hearings, Reports from Officials, and Council Matters. All are actions of the Council. When they are listed individually on the agenda it presents some challenges to Staff regarding structuring the agenda in a way that is more accessible to the public and allows Staff to rearrange the order of the meeting to accommodate anticipated public comment. The recommendation is to make changes to Council Procedures that collapses all of those categories into one category called Action Items, which would include; Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials and Council Matters. City Manager, James Keene said that under Action Items, Staff would still be able to identify if an item is a Public Hearing, or a Report from Committees/Commissions. He explained that often large numbers of the public will come to speak on an item, but Staff is locked into the sequence of the agenda delaying the public's opportunity to speak. Having this flexibility would allow the agenda to be rearranged based on anticipated public turn out. While the Council can change the order during the meeting now, this change would allow Staff tb do it so the public gets some advance notice. Herb Borock, City of Palo Alto, urged the Committee to adjourn the meeting immediately as it started two hours late. He stated that for years Council P&S: 090910 PS 1 agendas have been too packed and have had too much ceremonial process at the beginning. The Council meetings have a tentative starting time, but the public doesn't know when it will really start. He said that because this meeting is about procedures and making City business more accessible to the public he urged the Committee to adjourn the meeting immediately. He stated that approving minutes, and Special Orders of the Day are mostly action items as well. He stated that changing the Oral Communications time from five minutes to three minutes affects public participation. The agenda packet will change but it seems it will be without telling the public in advance. Chair Espinosa apologized for being late. He defended the Council working hard to avoid such things. He said that he would prefer to continue with the meeting and not postpone it. Council Member Kishimoto agreed that two hours is unforgiveable and thinks they should plan to not do this again. Council Member Yeh suggested a real time communication with the members of the public that self select into a particular meeting with email blasts or some other form of communication. Ms. Morariu said Staff has not looked at that but could consider it. A challenge would be collecting emails and getting notification out. Chair Espinosa said the biggest problem would be having real time reporting. The City Clerk or another Staff member would have to predict events. A member of the public might be at home wanting to know if a specific item is coming up in 10 minutes or two hours so they can time their arrival. Staff can report on what has already happened but they have no way to predict when an item will be heard. Even that would take extra Staff as the City Clerk is busy transcribing the minutes. Mr. Keene said that it might not be perfect, but some level of communication may be beneficial to the public. An update is better than no update. There are other methods of communication available as well, such as Twitter. The timing and pace of instant communication is uncertain, but Staff would be willing to try. He said that it would be inappropriate for Staff to get dinged for miscalculating future events such as the timing of a pending agenda item. Council Member Yeh said that perhaps it's best not to start with individual items but rather study sessions having updates on when they might be ending. In regards to setting up updates on Twitter, that is a huge market with potential for millions of subscribers and should be looked into. P&S: 090910 PS 2 MOTION: Council Member Barton moved, seconded by Council Member Yeh to recommend the City Council approve changes to Council procedures related to the Council meeting agenda order and category titles. Council Member Barton said that there is only so much the agenda structure can do. What goes on the agenda is up to Staff. How the Council handles it is up to them. Sometimes it's easy to stay on track, sometimes it's not. And then there are times when there are a lot of public comments. So these agenda changes are good, but all of us have some responsibility for how the agenda goes. Council Member Kishimoto asked Staff about the Action Items. Ms. Morariu said "Action Items" was only a naming convention and Staff is open to other suggestions. In recognition that there are other action items elsewhere on the agenda, Staff is open to another title. Council Member Kishimoto said she was not sure why these changes are part of an Ordinance. Mr. Keene said he has seen this convention used in four or five other communities. It is difficult for the public to be clear about what's going on in a Council meeting if they've never been. What they really want to know is when the item they are attending for is going to be presented. Giving Staff this bit of flexibility with the timing will get a 25-40 percent approval from the public. Chair Espinosa asked Staff when they plan to come back with structural changes to the agenda. Ms. Morariu said this is a first step. One of the next steps is changing the format of the Staff reports to make them more user friendly. The timing depends on how we can package it all together. It would be ideal to keep it all together, but sometimes it's easier to gain momentum with one small piece. Chair Espinosa said that he would encourage all of it staying together rather than piecemealing it out. He supported waiting longer if needed and coming back with a vision for a combined set of changes in terms of citizen engagement, efficiency of meeting, and structure of discourse. It would be more beneficial than making small adjustments which over time people have a hard time seeing where they are going. Mr. Keene said that there are two changes Staff is looking at. One is to address the requirement that agendas have very exact legal titles, which can be difficult to read. Staff is looking at including a short title in addition to the legal title to P&S: 090910 PS 3 offer some clarity. Secondly, Staff is trying to put together a type of Executive Summary of each agenda item. It would be more work for Staff, but it would be easier for the public. Chair Espinosa said it would also be helpful, as a matter of public accessibility, to have on the outside door of the chambers a debrief sheet for members of the public that are new to Council Meetings. The sheet would welcome members of the public, and include information on how the meetings work, what Oral Communications are and how one participates in them, and what the agenda covers. It would help people that have never been to a meeting before. MOTION PASSED 4-0 3. Recommendation to Council on Policy & Services Committee Workplan for Remainder of 2009 and Proposed Structure for Setting Future Year Workplans. Assistant to the City Manager, Kelly Morariu spoke about having a strategic conversation with the Committee regarding the workplan for the remaining year and any topics the Committee feels Staff should put more energy into. Staff is suggesting a structure for setting workplans in the future years. Each year, in early January, the Council has a retreat to set priorities for the upcoming year. Staff suggests that the Committee hold a Study Session after the annual retreat to define some initiatives or key issues related to Council priorities. This will help guide Staff. At the last Policy and Services meeting the Committee asked about the See It site. The Committee could pick one subject from the site and request that Staff come back with information about what they are doing to bring the vision to life. Chair Espinosa suggested they split the item in two. He suggested they discuss planning for the remaining year first. It would be helpful to come together and discuss what will be addressed for 2009. After that, he said they can look at what to cover for 2010. Council Member Barton asked for clarification that they were discussing the next three months. Chair Espinosa confirmed that he was referring to the remaining three months in 2009. MOTION: Council Member Espinosa moved, seconded by Council Member Kishimoto that the Policy & Services Committee accepts Staffs recommendations for setting future year workplans after the January 2010 Retreat. P&S: 090910 PS 4 TO: HONORABLE CITY COUNCIL 8 FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: OCTOBER 5, 2009 CMR: 392:09 REPORT TYPE: CONSENT SUBJECT: Recommendation from Policy & Services Committee to Approve the Policy & Services Committee Work Plan for the Remainder of 2009 and the Proposed Structure for Setting Future Year Work Plans RECOMMENDATION Staff and the Policy & Services Committee recommend that the Council approve a work plan for the Policy & Services Committee for the remainder of 2009 and approve a proposed structure for setting future year work plans. COMMITTEE REVIEW AND RECOMMENDATION At the July 15,2009 Policy & Services Committee meeting, staff brought forward a report on the role and scope of the Committee (Attachment A). Staff has included the minutes from that meeting as Attachment B. Given changes at the senior staff level and on the Council over the past two years, there is an opportunity to revisit the scope and function of the Council Standing Committees. The Policy & Services Committee can be a valuable resource for more fully vetting issues before the full Council considers them. In addition to the standard issues that are referred to the Committee, staff recommended that the Committee consider discussing more strategic issues. The Committee structure allows for an opportunity to step back and look at the broader context and trends impacting our community and organization. The Committee had a preliminary conversation at the July 15 meeting, which was followed by an additional discussion at the September 10 meeting (Attachment C -report). At that meeting, the Committee voted 4-0 to recommend that the Council approve a proposed structure for generating future annual work plans for the Committee and that the Council approve a proposed work plan for the remainder of 2009. The annual work plan structure would generally follow from the annual January retreat where the Council sets its priorities. At the first Committee meeting following that retreat, the Policy & Services Committee would discuss and recommend possible initiative or issues for further exploration based on the Council priorities. Staff would help to identify whether the Committee's proposed initiatives or issues are already part of the staff work plan or whether they would be new areas, along with any possible resource implications. Following that discussion, the Committee would then recommend a proposed topic list and work plan to the Council for approval. In addition to this work plan, the Committee would still CMR:392:09 Page 1 of3 consider those other issues during the year referred by Council separately or those brought forward by staff. For the remainder of 2009, the Committee recommended that the following issues be considered and discussed (see Attachment D for minutes of the discussion): October Meeting: a) Economic Development Strategy -what constellation of related industries does the City of Palo Alto want to attract? How can we position the City to be attractive to businesses? b) Priority Setting -what is the capacity of staff given current priorities and staffing challenges? What were some of the themes from the City Manager's Town Hall meetings with employees held over the summer? How can staff reprioritize workload throughout the year and not just through the budget process? November Meeting: a) Prevailing Wage pilot program (previously referred to Committee) b) Legislative Program structure (previously referred to Committee) December Meeting: a) Restructuring City Services -what opportunities does the City have for restructuring and reorganizing City services and functions given the City's budget challenges and numerous retirements? b) Social Technology Plan -. how could and should the City effectively use social technologies to engage with members of the community? Although the Committee recommended two items for the October meeting, key staff members will not be available for that meeting. As such, staff recommends that the October meeting be cancelled and that the Economic Development item be scheduled for November and the priority setting item for December. RESOURCE IMPACT The recommendations in this report do not have any resource impact. If items considered for the Policy & Services Committee annual work plan did have a resource impact, staff would identify those items for the Council to consider prior to adoption of the work plan. POLICY IMPLICATIONS The recommendations in this report are consistent with City policies and previous Council direction. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act (CEQA). CMR:392:09 Page 2 of3 ATTACHMENTS Attachment A: July 15,2009 City Manager's Report to Policy & Services Committee Attachment B: Minutes from July 15,2009 Policy & Services Committee Meeting Attachment C: September 10,2009 City Manager's Report to Policy & Services Committee Attachment D: Minutes from September 10,2009 Policy & Services Committee Meeting PREPARED BY: CITY MANAGER APPROVAL: CMR:392:09 KELL Y MORARIU Assistant to the City Manager Page 3 of3 Attachment A 4P City of Palo Alto· City Manager's Report " .• ~ •. ' "h'~'"'''' _.LL ...... ~~M •..••• ' .. -0. , ............. ~ .... " ...... '" ........ "' ..... ...,.-:. ......... ~ .... '" •. ~ •• .-..,... ......... ~~._~~ ....... ft ... _.~.,.,. .' •••••••••• ".' • ~_ ", ........... -....... -....... , ................. ".-L .. ~. ,-, TO: HONORABLE CITY COUNCIL ATTN: POLICY AND SERVICES COMMITTEE FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: JULY 15, 2009 CMR: 312:09 SUBJECT: Discussion and Direction on Role and Scope of Policy and Services Committee RECOMMENDATION Staff recommends that the Policy and Services Committee review the purpose and scope of the Policy and Service.s Committee and provide direction to staff. . DISCUSSION With the arrival of the new City Manager and several new Councilmembers over the past two years, there is an opportunity to evaluate many elements of Palo Alto city government. One topic is the purpose and scope of the Council Standing Committees. The purposes of the Finance and Council Appointed Officer Committees are relatively clear. However, the scope of the Policy & Services Committee is much broader and the issues that can be brought to the Committee are usually less defined. The way in which the Committee structures discussions and recommendations around issues can potentially be of tremendous value to the Council. Additionally, there may be items that aren't going to Policy & Services when this would be a good place to vet these issues and have a more robust conversation. The Palo Alto Municipal Code and the City Council Procedures both provide general parameters for the Policy & Services Committee. Sec. 2.04.220 of the Municipal Code provides a definition of the Committee on policy and services: . It shall be the duty of the committee on policy and services to I consider and make recommendations on matters referred to it by the council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public works, and community and human services. CMR:312:09 Page 10f3 The City Council Procedures don't expand any further on the specific roles of the standing committees but do speak to the purpose of the committees: It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings. (p. V-I, City Council Procedures Handbook) Over the past three years, the Committee has evaluated a wide range of issues. Attachment A lists these topics. They range from the City's legislative-program to the resale price formula for the Below Market Rate Housing program to the Zero Waste Operational Plan. Many of these issues resulted from Council referrals. Although the list on Attachment A is relatively comprehensive, this meeting presents an opportunity to have a conversation about the definitions of policy and services in the Council Committee context. Ultimately, the Committee's focus is on services but the conversation can be and should be more strategic in nature. The informal nature of committee meetings allows for an enhanced dialogue between staff and the Council around strategic issues for both the organization and the community. During the meeting this evening, staff proposes to hold a brainstorming session that will focus on the types of issues that the Committee might discuss. Examples of some more strategic issues for Committee focus might include: 1) --City recruitment strategy '--given the impending wave-of baby boomer retirements, how does the City want to position itself as a community and organization? What types of employees do we want to attract and retain? 2) Economic development strategy -what is the City's economic development strategy in the new economy? What _ economic trends and issues will we face as a community? How do we position ourselves to attract certain industries and sectors? 3) Organizational culture -what type of culture do we wish to have as a community and as an organization? What strategies can we use to achieve this? These are just a few examples of the types of strategic issues the Committee might want to discuss with key staff members. These types of conversations allow for an opportunity to step back and look at the broader context and trends that are impacting our community and organization. The Council can ultimately partner with staff in creating a shared vision on some of these key strategic issues facing the City. The outcomes of these discussions might include the development of ShOli or longer term workplans for addressing the issues. The conversation that will begin at this meeting is just that -only the beginning. There are many _complex and challenging issues facing the City. The Council and the staff need to be engaged in a partnership that will facilitate and enable the organizational and community work that needs to occur to adsltess them. I RESOURCE IMPACT There are no resource impacts associated with the recommendations in this report. CMR:312:09 Page 2 of3 ~ ... POLICY IMPLICATIONS This discussion will help the Council further refine policy goals around the use of Council standing committees. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act . (CEQA). ATTACHMENTS Attachment A: List of Policy & Services Committee topics, 2006·2009 PREPARED BY: CITY MANAGER APPROVAL: . r I CMR:312:09 KELLY MORARIU Assistant to the City Manager Page 3 of3 Attachment A: Policy and Services Topics Compilation .. 2006 through 2009 .. -City's Legislative Action Program Manual -Proposed Procedure for Appointment of SC VfA Board Member from the Six North County Cities ~ Recommendation to Council on Changes to City C~uncil Procedures -Prevailing Wage Issues Related to City Capital Construction Projects -Final Response to Auditor's 2008 Audit of Employee Ethics Policies -City Oversight of the Palo Alto Airport -Pilot Program Involving "Open City Hall" Online Service -Alternatives for an Area Median Income-Based Resale Price Formula for the Below Market Rate Ownership Program -HRC Recommendation to Amend PA Municipal Code Chapter 9.72 (Mandatory Response to Request for Discussion of Disputes between Landlords and Tenants) to . Void Rent Increases Given Without Required Notice of the Tenant's Rights to Mediation -Regional Transportation Issues and Recommendations to City Council -Recommendation to the City Council to Adopt an Ordinance Amending the PA Municipal Code to Set the Park Land Dedication Requirement to Five Acres Per Thousand Residents -Proposed Revisions to City Facility Naming POlicy -Options for "Environmental Commission" Structure -HRC Recommendation to DeSignate PA Mediation Program as a City Contractor for Mandatory Response Mediation Services -HRC Recpmmendation to Adopt a Resolution Condemning the U.S. Immigration and ·Custom Enforcement Agency Under "Operation Return to Sender" -Approval of BMR Ownership Program Update Recommendations ~ Review and Recommendation on Adoption of a Campaign Contribution Limit System for the City of Palo Alto ~ Review and Recommendation that the City Council Approve the Zero Waste Operational Plan -Consideration of Draft Emergency Operations Plan and Recommendation to Council on Adoption of the Plan -Direction on Recommendations for Renaming of City Facility to Honor Dr. Martin Luther King Jr. and Coretta Scott King -Consideration of a Polley Concerning Communications with the City Council and City Council Candidates C,oncerning the Upcoming Bid for Refuse Hauling -Recommendations for Council Term Commencement Following Elections -Review of Public/Private Partnership Policy -Addition to Council Protocols of Guidelines for Telephonic Appearances at City Council Meetings -Conceptual Review of Zero Waste Operational Plan -Approval of Policy Addressing Agreement for Shared Use of Parkland -Council Retreat Follow up -Procedure for Appointment and Duties of Emergency Standby Council Members I" i I I Attachment B P&S COMMITTEE Regular Meeting July 15, 2009 Chairperson Espinosa called the meeting to order at 7: 18 p.m. in the Council Conference Room, 250 Hamilton Ave, Palo Alto, California. Present: Absent: Espinosa (Chair), Kishimoto, Yeh Barton 1. Oral Communications None. 2. Report from City Attorney: Recommendation Regarding Addition of Ad Hoc Committee Policy to City Council Procedures. Law Clerk Bahareh Samsami said that the Council directed the City Attorney to consider a policy on Ad Hoc Committees. Any Ad Hoc Committee should consist of Council Members only; members of the public may not serve on an Ad Hoc Committee. No more than four Council Members may be on an Ad Hoc Committee. There can not be a Motion setting the meeting schedule by the Council. An Ad Hoc Committee can not have continuing subject matter; its purpose must be specific and finite, and it should dissolve after its purpose is met. No Ad Hoc Committee should be in existence for more than six months, after that it should dissolve or it should, at the direction of the Council, become a Standing Committee subject to the Brown Act. Either the Mayor or the Council can create an Ad Hoc Committee. The Mayor should make a public announcement stating the purpose of any newly formed Ad Hoc Committee. Standing Committees are subject to the Brown Act and can have a fixed meeting schedule, they can be in existence for longer than six. months, and they can have on-going subject matters. The policy that Staff has drafted reflects all of these requirements. The P&S Committee can decide whether to recommend the policy to the Council, amend it or, decline to recommend it. Herb Borock, PO Box 632 spoke regarding the status of the Stanford Liaison Committee as it was subject to the Brown Act, and should have P&S: 090715PS 1 Chair Espinosa clarified that Mr. Keene was talking about if the engagement role would go to Councilor to P&S and then asking if that timing was off. Mr. Keene said this could get to Council by August 3, 2009 Staff would have not only awarded the contact, but had a meeting with a lobbying firm with the Council. That would inform us before coming back to the Committee. Council Member Yeh suggested that due to' the legislative season September is good timing, and he would be agreeable to it. Ms. Morariu said the contract could be awarded on August 3, and then in September the lobbyist could come in. 3. Staff recommends that the P&S Committee review the purpose and scope of the P&S Committee and provide direction to Staff. Chair Espinosa said that this is a good time to discuss the role of P&S with new Council Members coming on soon. Assistant to the City Manager Kelly Morariu stated that she and the City Manager reviewed the Municipal Code and the defining parameters of the P&S (P&S) Committee. The parameters include parliamentary, administrative procedures, and inter-governmental relations. There has also been issues that haven't always been referred to P&S, including personnel, planning and zoning, traffic and parking, public works, and community and human services. The Human Resources Commission can refer items to P&S or to the Council. Some specific issues that have come to the Committee have been regulating transportation issues, and the Zero Waste Plan. There is opportunity to broaden what issues come before P&S. Strategic issues need to be addressed, and how the community and Council wish to set the context for addressing key issues. As an example she cited the pending retirement of so many baby boomers. Council will want to position the City as an employer of choice. The Council will want to explore the goals as the City moves forward with an economic development strategy. Those were just examples of issues Staff might want to have a more in depth discussion with P&S about. Staff also wants to know if that's the way the Committee wants to have a conversation about these issues, or should it continue to be the Council referral method currently in place. P&S: 090715PS 13 City Manager James Keene said that there are two standing committees that help shape direction in Palo Alto. There is more clarity about what gets referred to the Finance Committee. One could say that anything that isn't directly related to Finance should be referred to P&S. Rather than only getting policies about administrative issues, this is policy about services. One thing that might be effective is to have a session where we identify work or a general work plan over the course of a year. Herb Borock, PO Box 632 spoke regarding the history of the P&S Committee; it used to be called Policy and Procedures. The change was made because the Council realized there was an imbalance of the work loads. The names of the Committees are just names not definitions. It's a Council question of changing jurisdiction of the Committee. Economic Development strategy belongs to Land Use and Zoning which is State Law, and Municipal Code concerns, not the concerns of the P&S Committee. Council Member Kishimoto asked the speaker if this Committee has played a larger role in planning and transportation issues in the past. Mr. Borock said that he did not recall that they did. There was a change in the flow of recommendation of brining items to the Committee. Until the previous City Manager changed procedures every item was always a referral from Council. Typically the higher body refers items to the lower body and expects it to come back but lately it's been the Staff recommending things to the Committee. Council Member Kishimoto asked if P&S has the authority to set agenda items. Mr. Keene said the Committee exists for the Council, in order to do the work. Parameters for sub-committees are defined, but it can even be by practice. The Municipal Code does include planning and zoning for this Committee. These committees and sessions are made to make Council more effective, it's easier to have a conversation in this type of group. Mr. Borock's comment about economic development could be true, or it could be we just focus on retention. Things that are important to the Councilor issues I would like to bring to Council, but may not need that level of discussion, are good issues for a Committee. Council Member Kishimoto said she would be excited to develop a work plan that addresses some issues Council doesn't have time to P&S: 090715PS 14 wQrk in depth .on and then the CQmmittee can bring recQmmendatiQns back tQ the CQuncil. CQuncil Member Yeh said that San FranciscQ and Oakland are cities where the cQmmittees are the wQrk hQrses .of the larger elected bQdy. There is trade .off thQugh; the cQmmittees and elected .officials have a IQt mQre authQrity. If this cQmmittee were tQ mQve fQrward QPPQrtunities .open up fQr CQuncil tQ get intQ a level .of detail that is mQre directive. Mr. Keene said PalQ AltQ has a CQuncil-Manager plan and a Charter whereas Oakland and San FranciscQ dQn't. CQuncil Member Yeh said that frQm a CQuncil members perspective that's really exciting and a IQt .of the reaSQn CQuncil members chQse tQ run fQr .office. The wQrk plan and eCQnQmic develQpment are things that gQ .on fQr a IQng time. CQming up with clear framewQrk fQr hQW the CQuncil discusses it SQ it dQesn't becQme a bureaucratic prQcess WQuid be beneficial. Chair EspinQsa asked if the CQmmittee sees that CQnversatiQn fQr year .one with the CQmmittee .or CQuncil. CQuncil Member KishimQtQ suggested the CQuncil. Chair EspinQsa asked hQW they WQuid build in that directive, when that shQuld .occur frQm the CQuncil. CQuncil Member KishimQtQ said it CQuid be that the CQmmittee CQuid prQPQse it and bring it tQ CQuncil and then CQuncil CQuid change it. Chair EspinQsa hesitated because .of relying .on individual issues .of CQuncil Members, rather than IQQking acrQSS the bQard at what the bQdy deems mQst critical. CQuncil Member KishimQtQ suggested the City Manager might be a better apprQach. CQuncil Member Yeh said the CQuncil dQes that at its annual retreat and he has seen the wQrk plan as list .of discrete activities, which dQes nQt make a strategy. He asked hQW tQ prQvide that frame fQr a cQmprehensive strategy regarding eCQnQmic health and if that is pulled intQ a strategic discussiQn. P&S: 090715PS 15 Chair Espinosa asked if the Committee thought Staff should pull together a policy to launch for the coming year or in an abbreviated format now. Council Member Kishimoto said Staff could build on the three priorities that Council has adopted already. Mr. Keene said it would be easy to use See-It and he suggested the process might work faster if Staff and the Committee worked together and then got Council's blessing rather than other way around. He said he was in the process of working with the department directors and will meet with them again in August, and then the Committee will meet with him in September. He asked if there were key things the Committee wanted to see happen. He suggested the P&S Committee could refer some issues they want to work on to Staff. With any work plan it's a work plan. If something comes up it can be reprioritized. Chair Espinosa said, in looking to the next meeting, they could layout what had been planned to discuss and then discuss how it will work in years to come at the Council level and the Committee level. Council Member Yeh fully supported the plan and, with the See-it program as a way for the community to see progress it should be an integral part of the discussion. Council Member Yeh said that the Council had a full agenda last time and couldn't discuss this so a chance to get deeper into it would be good. Chair Espinosa said that everyone seemed clear and stated they do not need a Motion. 5. Discussion for Future Meeting Schedules and Agendas Assistant to the City Manager Kelly Morariu said that the regularly scheduled September meeting is during recess. Then the week of September 14th Mr. Keene and Ms. Morariu are scheduled to be at a conference. She suggested the week of September 21, 2009 for the next meeting. Chair Espinosa asked if Council was still on recess for the first week of September. Ms. Morariu said Council does not return until September 14th and the regularly scheduled meeting would be before that. P&S: 090715PS 16 Attachment C TO: HONORABLE CITY COUNCIL ATTN:-POLICY AND SERVICES COMMITTEE FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: SEPTEMBER 10, 2009 CMR: 369:09 SUBJECT: Recommendation to Council on Policy & Services Committee Work Plan for Remainder of 2009 and Proposed Structure for Setting Future Year Work Plans RECOMMENDATION Staff recommends that the Policy and Services Committee discuss and recommend to Council a proposed work plan for the Policy & Services Committee for the remainder of 2009 and options for a structure for setting future year work plans. DISCUSSION On July 15, the Policy & Services Commjttee considered a report from staff on the purpose and scope of the Council Policy & Services Committee. Attachment A is the original City Manager's Report presented on July 15 and Attachment B contains an excerpt from the minutes of that meeting. At that meeting, the Committee asked staff to return for further discussion and recommendation to Council about a possible work plan for Policy & Services for the remainder of the year and a proposed structure for setting the Committee work plan in future ¥ears. -. This report provides some groundwork to allow the Committee to begin that discussion. Proposed Topics for Current Year Work Plan At the last meeting, the Committee discussed potential topics for further exploration as part of this current year's work plan. A recommended place to start was the Council priorities and associated actions as displayed in the City's new See-It website. When this was brought forward to Council earlier this summer, the Council was not able to discuss the strategies and actions outlined on that site in any detail. At this meeting, the Committee can have a working session to go through the site in more detail and evaluate possible areas for further Committee review and discussion. The Committee could _also suggest other areas of interest outside of the See-It strategies and actions _ if desired. After selecting some issues, the Committee would make a CMR:369:09 Page 1 of 3 recommendation to Council indicating a desire to explore these issues in further depth. Following the Council action, the appropriate departmental staff members could bring back additional information on these issues to the Committee. Future Process for Development of the Policy & Services Work Plan There are a multitude of options for ways in which the Committee can structure the development of a work plan in future years. Staff is recommending one structure in this report as a starting place for the discussion. The Committee can evaluate this structure and recommend it to Council or identify and recommend alternative structures. Typically, the Council holds a retreat in early January to identify the Council priorities for the year. Following this retreat, the Policy & Services Committee, at the first meeting of the year, can discuss and recommend possible initiatives or issues for further exploration related to the recently adopted Council priorities. As part of that discussion, staff can help to identify whether the Committee's initiatives or issues are already part of the staff work plan or whether they would be new areas. Following that conversation, the Committee would recommend a proposed topic list and work plan to the Council for approval. In addition to this work plan, the Committee would still consider during the year those other issues referred by Council separately or brought forward by staff. Following approval of the work plan, staff would bring the initiatives or issues forward throughout the year for more in-depth conversation and exploration. RESOURCE IMPACT There are no resource impacts associated with the recommendations in this report. POLICY IMPLICATIONS This discussion will help the Council further refine policy goals around the use of Council standing committees. ENVIRONMENTAL REVIEW This report is not a proj ect requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: July 15,2009 City Manager's Report to Policy & Services Committee (CMR 312:09) Attachment B: Excerpt from July 15,2009 Policy & Services Committee Meeting Minutes PREPARED BY: .. KELLY MORARIU Assistant to the City Manager CMR:369:09 Page 2 of3 ,0'/ " \ CITY MANAGER APPROVAL: CMR:369:09 Page 3 of3 I I I I I I I I I I I I I I I I Attachment D POLICY AND SERVICES COMMITTEE Regular Meeting September 10, 2009 Chairperson Espinosa called the meeting to order at 8:53 p.m. in the Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Present: Espinosa (Chair), Barton, Kishimoto, Yeh 1. Oral Communications None 2. Recommendation for Approval of Changes to Council Procedures Related to the Council Meeting Agenda Order and Category Titles. Assistant to the City Manager, Kelly Morariu said this item is part of Staff efforts to streamline the agendas and make them more user friendly for the public. Currently there are required categories such as Public Hearings, Reports from Officials, and Council Matters. All are actions of the Council. When they are listed individually on the agenda it presents some challenges to Staff regarding structuring the agenda in a way that is more accessible to the public and allows Staff to rearrange the order of the meeting to accommodate anticipated public comment. The recommendation is to make changes to Council Procedures that collapses all of those categories into one category called Action Items, which would include; Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials and Council Matters. City Manager, James Keene said that under Action Items, Staff would still be able to identify if an item is a Public Hearing, or a Report from Committees/Commissions. He explained that often large numbers of the public will come to speak on an item, but Staff is locked into the sequence of the agenda delaying the public's opportunity to speak. Having this flexibility would allow the agenda to be rearranged based on antiCipated public turn out. While the Council can change the order during the meeting now, this change would allow Staff to do it so the public gets some advance notice. Herb Borock, City of Palo Alto, urged the Committee to adjourn the meeting immediately as it started two hours late. He stated that for years Council P&S: 090910 PS 1 offer some clarity. Secondly, Staff is trying to put together a type of Executive Summary of each agenda item. It would be more work for Staff, but it would be easier for the public. Chair Espinosa said it would also be helpful, as a matter of public accessibility, to have on the outside door of the chambers a debrief sheet for members of the public that are new to Council Meetings. The sheet would welcome members of the public, and include information on how the meetings work, what Oral Communications are and how one partiCipates in them, and what the agenda covers. It would help people that have never been to a meeting before. MOTION PASSED 4-0 3. Recommendation to Council on Policy & Services Committee Workplan for Remainder of 2009 and Proposed Structure for Setting Future Year Workplans. ASSistant to the City Manager, Kelly Morariu spoke about having a strategiC conversation with the Committee regarding the workplan for the remaining year and any topics the Committee feels Staff should put more energy into. Staff is suggesting a structure for setting workplans in the future years. Each year, in early January, the Council has a retreat to set priorities for the upcoming year. Staff suggests that the Committee hold a Study Session after the annual retreat to define some initiatives or key issues related to Council priorities. This will help guide Staff. At the last Policy and Services meeting the Committee asked about the See It site. The Committee could pick one subject from the site and request that Staff come back with information about what they are doing to bring the vision to life. Chair Espinosa suggested they split the item in two. He suggested they discuss planning for the remaining year first. It would be helpful to come together and discuss what will be addressed for 2009. After that, he said they can look at what to cover for 2010. Council Member Barton asked for clarification that they were discussing the next three months. Chair Espinosa confirmed that he was referring to the remaining three months in 2009. MOTION: Council Member Espinosa moved, seconded by Council Member Kishimoto that the Policy & Services Committee accepts Staffs recommendations for setting future year workplans after the January 2010 Retreat. P&S: 090910 PS 4 Chair Espinosa said that he is suggesting, through the Motion, that after Councils Annual Retreat the Policy and Services Committee convene and map out an Agenda for 2010 based on the Council priorities set at the retreat. MOTION PASSED: 4-0 Chair Espinosa said it's only a few months, but we want to go through a few options to create a workplan for the remaining part of 2009. Ms. Morariu said there are a few items that are still outstanding and may come back to the Committee by the end of this year. One is the Legislative Program. Staff will come back to Council with the award of contract later this month. The plan is to have a Study Session with the Council in October to introduce the Council to the Consultant and hold a discussion around the Federal Legislative Priorities. The Prevailing Wage study is also something that might come back to the Committee by the end of the year. In October, Staff might bring back some of the Agenda changes as well. Chair Espinosa asked if the Committee had other items they would like to add to the list. Council Member Barton said the idea of working from the Council goals set in January makes sense. With the Economic Health category, most items will fit with the Finance Committee. That leaves Policy & Services with Environmental Protection and Civic Engagement for the Common Good .. He said the Civic Engagement for the Common Good item is the one with the most work that needs to be done. Under the Environmental Protection subcategory, he cited some studies, one in the New York Times the week of September 1, 2009, and one in the San Francisco Chronicle the week of September 7, 2009, that indicate green standards may not be working and may actually be counter productive. LEED Certified Buildings, according to at least one study, perform worse than standard production buildings in regards to energy efficiency. The Council needs to look at the Ordinance to see if it is counter productive. Chair Espinosa agreed that the Civic Engagement category should be the one the Committee works with. Council Member Kishimoto said she wanted to add the City Recruitment Strategy to the table, but she prefers to think of it as a Restructuring Services. She said that Economic Development should be tied with the Environmental Goals as well. She also said the Comp Plan discussion has been pushed off. P&S: 090910 PS 5 City Manager, James Keene said that the Comp Plan has had phases that have been extended. But there is some timeliness and there are some broad strategy questions that need to be addressed. Council Member Kishimoto asked if there are any discussions planned on the Housing Element. Mr. Keene said that the Planning Staff is working with the Planning and Transportation Commission on vision statements that go beyond the elements. It was decided that there isn't enough time on the schedule to get this discussion to Council. A conversation like that might be a good start with the new Council in January because of the way the timing works. Council Member Kishimoto recapped that her priorities would be restructuring services, Economic Development with an emphasis on Green Economy, and getting started on the Comp Plan discussion. Chair Espinosa asked if there is a particular component to the Comp Plan that she wants the Policy and Services Committee to look at. Council Member Kishimoto said that the Comp Plan is something the whole Council should be involved in unless there is some vetting the Committee can do. Council Member Yeh said that Economic Development Strategy should be an open discussion about how the City can position itself to be attractive to businesses, whether through land use or taxes and fiscal policy. Regarding the recruitment strategy he said that it would be illuminating to have a better understanding of what brought workers to the City. He was interested in how Council Members can support the City Manager with the recruitment process. Chair Espinosa asked Staff to advise the Committee on which components of the Civic Engagement workplan they would like the Committee to offer input or direction on. Mr. Keene said a good role for the Committee might be to serve a priority vetting role for Staff. They could help Staff determine priorities when they have ten issues and no way to get them all completed. Council Member Barton has a point regarding the great need for progress in Civic Engagement, but the City is doing a lot more than ever before. It has been difficult to gain any traction though, with the strategy presented as is. Staff needs to be able to have those conversations with the Council. He said it doesn't have to be a standing item on the Agenda. It would just be a way to know he can come to the Committee when he gets word from Staff that things aren't going to get done. He spoke P&S: 090910 PS 6 with 500 employees recently at the Town Hall meetings. Some feedback he got was that they have all these things that they have to do, with no mechanism to stop doing them, yet they always manage to get new work to do as well. There should be a process to reprioritize mid-year, not just in January. Chair Espinosa asked Ms. Morariu if there was something else she feels a discussion with the Committee could add value to. Ms. Morariu suggested the City's use of social technologies would be a place to strategize with the Committee. MOTION: Council Member Espinosa moved, seconded by Council Member Barton to approve the three month plan outlined: In October, Staff will come back with two items, 1) the Economic Development Strategy, or Revenue Generating Strategy, and 2) the Structure of a Sounding Board for Staffing, Option Weighing, and Priority Setting. In November Staff will come back to the Committee with, 1) Prevailing Wage, and 2) the Legislative Program Structure. And lastly, in December, Staff will present 1) the Restructuring Plan, and 2) the Social Technology Plan. MOTION PASSED: 4-0 4. Discussion of Upcoming Meetings and Topics. Assistant to the City Manager, Kelly Morariu said that the next meeting is currently scheduled for October 13, 2009. She had some concern because Council Member Kishimoto had a meeting in the Council Conference Room. Council Member Kishimoto confirmed that her meeting would be over by 4 p.m. Ms. Morariu said they can then proceed with the regularly scheduled Policy & Services Committee meeting on October 13, 2009 at 7:00 p.m. Chair Espinosa asked if Staff would confirm the remaining meeting dates for the year. Ms. Morariu said the remaining three dates are October 13, November 10, and December 8. Chair Espinosa asked if she would double check with relevant Staff to make sure they attend the meetings. ADJOURNMENT: Meeting adjourned at 9:43 p.m. P&S: 090910 PS 7 City of Palo Alto City Manager's Report TO: HONORABLE CITY COUNCIL 9 FROM: CITY MANAGER DATE: October 5, 2009 TYPE OF REPORT: CONSENT DEPARTMENTS: PLANNING AND COMMUNITY ENVIRONMENT AND THE OFFICE OF THE CITY CLERK CMR: 384:09 SUBJECT: Approval of Annual Report of Williamson Act Contracts within the City of Palo Alto RECOMMENDATION Staff recommends that the City Council review the Williamson Act Properties Report for Calendar Year 2009 (Attachment A), approve the renewal of 19 contracts, and direct staff to file the current list of Williamson Act properties with the appropriate agencies. BACKGROUND The California Land Conservation Act of 1965, commonly known as the Williamson Act, is a state program to discourage agricultural lands from being converted urban uses. The program provides property tax relief to owners of agricultural land who agree to limit the use of their property to agricultural or other approved compatible uses. On July 24, 1974, the City of Palo Alto adopted Ordinance No. 2663 to establish rules for both establishing and administering Williamson Act contracts for Palo Alto properties. Highlights of the rules regarding administration of established contracts include: '",( • Contracts limit the allowable uses of the property to what is described in the contract. • Contracts remain in place when a property is sold and new owners are subject to the same use restrictions. • Contracts are for 10-year terms and have a renewal date of January 1. • Each year-at least 80 days prior to that renewal date-the Council reviews the contracts and, at that time, may initiate a notice of nonrenewal for any contract or approve a notice of nonrenewal submitted by a landowner. If the Council takes such action then that contract dot;fs not renew on January 1 and terminates nine years later. • Under certain conditions, the Council may also approve a landowner's request to cancel a contract. • Contracts, for which the Council has not approved a notice of nonrenewal or a cancellation, automatically renew for another I O-year term each January 1. CMR: 384:09 Page 1 of3 DISCUSSION: The attached report and map (Attachments A & B), describe the parcels that were under contract during calendar year,~009. Changes since calendar year 2008 are as follows: . 1. There is o~14ss parcel under contract. The contract for APN 3 51 ~05~006, (a privately owned parcel at 39'SJ Page Mill Rd) terminated on December 31,2008. A notice of nonrenewal was filed on September 28, 1999-more than 80 days before the renewal date of January 1,2000 and the contract terminated 9 years later on December 31, 2008. 2. A contract termination date of December 31,2017, has been established for APNs 351-04~ 031,351-06-017,351-12-043,351-25-014 (four public open space parcels located mostly within or adjacent to open-space preserves). The property owner, Midpeninsula Regional Open Space District, initiated the notices ofnonrenewal on December 13,2007 which was too late to be processed and recorded before the renewal date of January 1,2008. Therefore, those contracts renewed for another 10 years. The notices were presented to the City Council the following year and the Council approved them on October 6, 2008-more than 80 days before the renewal date of January I, 2009. These four contracts will terminate nine years from that date or on December 31, 2017. 3. The contract information has been remodeled into database that is compatible with and reconciled to the City'S Geographic Information System (GIS). This is a step towards fully· integrating the information into the City's GIS. As a result, of this remodeling, the parcel acreage is now derived from the City's GIS and is slightly different than in previous reports. The Department of Planning and Community Environment considers the GIS to be the most reliable source for this information. 4. The annual report is now generated from that database and, as a result, has a new format. The Department of Planning and Community Environment considers the new format to be more user-friendly. For example, the old version listed contracts by Assessor Parcel Numbers (APNs). The new report lists contracts by address and where there is no address, provides a brief description of the property-this better communicates the location of the property and makes it easier to associate the contract information with the appropriate parcel on the accompanying map. Also, in the old version, contract attributes such as expiration dates, one- acre deductions for home sites, and non-assessed status were reported as footnotes. In the new report, these contract details are more fully explained and more clearly associated with the appropriate contracts. Council Action and Next Steps: No notices of nonrenewal have been received since the last report. At this time, the Council may initiate a notice of nonrenewal for any contract and have that notice take effect this year. If the Council does not initiate any notices of nonrenewal at this time, and approves the attached list, then this list will be filed in the City Clerk's Office and the information will be forwarded to the appropriate agencies. For example, under the California Open Space Subvention Act (OSSA), the City is entitled to partial replacement of local property tax revenue foregone by participating in the Williamson Act. Planning staff will therefore file the information with the State Department of Conservation, Division of Land Resource Protection. The City receives approximately $1,000 annually as a result of this filing. Then, on January 1, 2010, nineteen contracts (all but the ones described in Item No. 2 above) will renew for another 10-year term. CMR: 384:09 Page 2 of3 POLICY IMPLICATIONS: The recommended action implements Ordinance 2663 regarding the administration of the Williamson Act for Palo Alto properties. The Williamson Act in general complies with the land use policies of the Comprehensive Plan and specifically supports Goal L-1 regarding growth management as well as Policy L-1 regarding the extent of urban development. ENVIRONMENTAL REVIEW: The recommended action is ministerial and pursuant to Title 14 of the California Code of Regulations, Section 15061 (b )(3), is exempt from the requirements of the California Environmental Quality Act (CEQ A) in that this action of approving the attached report does not have the potential for causing a significant effect on the environment. RESOURCE IMPACTS: No resource impacts would result from the rec PREPARED BY: DEPARTMENT HEAD REVIEW: . City Clerk DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: ATTACHMENTS: A. Williamson Act Properties Report for Calendar Year 2009 B. Map of Williamson Act Parcels in 2009 COURTESY COPIES: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 Richard G. and Barbara A. Geiger Trustee, 714 E. Charleston Road, Palo Alto, CA 94303 Frank Giordano, Santa Clara County Office of the Assessor, Frank.Giordano@asr.sccgov.org. CMR: 384:09 Page 3 of3 " Williamson Act Properties Report for Calendar Year 2009 -< About the Williamson Act The California Land Conservation Act of 1965, commonly known as the Williamson Act is a state program to discourage agricultural lands from being converted urban uses. The program provides property tax relief to owners of agricultural land who agree to limit the use of their property to agricultural or other approved compatible uses. On July 24, 1974, the City of Palo Alto adopted Ordinance No. 2663 to establish rules for both establishing and administering Williamson Act contracts for Palo Alto properties. Highlights of the rules regarding administration of established contracts include: • Contracts limit the allowable uses ofthe property to what is described in the contract. • Contracts remain in place when a property is sold and new owners are subject to the same use restrictions. • Contracts are for 10-year terms and have a renewal date of January 1. • Each year-at least 80 days prior to that renewal date-the Council reviews the contracts and, at that time, may initiate a notice on nonrenewal for any contract or approve a notice of nonrenewal submitted by a landowner. If the Council takes such action then that contract does not renew on January 1 and terminates 9 years later. • Under certain conditions, the Council may also approve a landowner's request to cancel a contract. • Contracts, for which the Council has not approved a notice of nonrenewal or a cancellation, automatically renew for another lO-year term each January!. About this List/Report On the following pages is a list of the 23 Palo Alto properties that were enrolled in the Williamson Act during the calendar year of 2009. • 4 contracts will not renew because Notices ofNonrenewal have been approved. See individual records for termination dates. • 19 contracts will renew on January 1,2010 if the Council approves this report 9/23/2009 f I Page 1 of7 .....- == c:lJ e ~ u = ~ -< Will Renew on January 1, 2010 II Palo Alto Golf and Country Club at 3000 Alexis Drive APN: 182-35-035 Owner: Palo Alto Hills Golf and Country Club, Inc., 3000 Alexis Drive, Palo Alto, CA 94304 Assessed Value Value Notes: Land Class: Acreage: Contract Start: 2007 $1,260,337.00 2008: $1,285,543.00 2009: $1,311,253.00 Prime 119.92 5/1/1973 Resolution No: 4279 Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: lEI No address; adjacent to Country Club at 3000 Alexis Drive APN: 182-35-008 Owner: Palo Alto Hills Golf and Country Club, Inc., 3000 Alexis Drive, Palo Alto, CA 94304 Assessed Value Value Notes: Land Class: Acreage: Contract Start: 2007 $45,735.00 2008: $46,649.00 2009: $47,581.00 Prime 5.52 51111973 Resolution No: 4279 Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: lEI Open Space land adjacent to the Arastradero Preserve APN: 182-33-014 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: City of Palo Alto, 250 Hamilton Ave., Palo Alto, CA 94301 2007 $0.00 2008: $0.00 2009: $0.00 Value not assessed because owned by public/quasi public agency Prime 11.42 Unknown Resolution No: Unknown Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: .. EI Camino Park (east of Palo Alto Ave to University Ave) APN: 120-31-009 Owner: Leland Stanford Jr., Univ. Board of Trustees, P.O.Box 10250, Palo Alto, CA 94303 Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 9/23/2009 2007 $118,153.00 2008: $118,153.00 2009: $118,153.00 The City of Palo Alto leases this land for public use; however, it is privately owned. Prime 10.00 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. Page 2 of7 II EI Camino Park (west of Palo Alto Ave to the creek) APN: 12031001 Owner: Leland Stanford Jr., Univ. Board of Trustees, P.O.Box 10250, Palo Alto, CA 94303 2007 $8,492.00 2008: $8,492.00 2009: $8,492.00 Assessed Value Value Notes: The City of Palo Alto leases this land for public use; however, it is privately owned. Land Class: Prime Acreage: 0.72 Contract Start: Unknown Resolution No: Unknown Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: iii 3837 Page Mill Rd, Palo Alto, 94304 APN: 351-05-042 Owner: David P. and Cynthia Lautzenheiser Trustee, 3837 Page Mill Road, Palo Alto, CA 94022 Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 2007 $350,581.00 2008: $357,584.00 2009: $364,727.00 Non Prime 10.00 minus 1 acre for Homesite 9.00 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. II 3845 Page Mill Rd, Palo Alto, 94304 APN: Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 351-05-024 Judith A. Block Trustee, 412 Webster St., Palo Alto, CA 94301 2007 $46,091.00 2008: $47,005.00 2009: $47,937.00 Non Prime 8.72 minus 1 acre for Homesite 7.72 2116/1976 Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. Il 3849 Page Mill Rd, Palo Alto, 94306 APN: 351-05-050 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: r General Notes: 9/23/2009 Jeffrey A. and Mary L. Thomas, 3849 Page Mill Road, Palo Alto, CA 94022 2007 $1,323,168.00 2008: $1,349,631.00 2009: $1,376,623.00 Non Prime 10.00 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. Page 3 of? lEI 3855 Page Mill Rd, Palo Alto, 94306 APN: Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 351-05-049 Patrick K. Suppes, 599 College A venue, Palo Alto, CA 94306 2007 $457,604.00 2008: $466,756.00 2009: $476,091.00 Non Prime 10.00 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. iii 3865 Page Mill Rd, Palo Alto, 94304 APN: 351-05-048 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: Grace Carland Trustee, 3865 Page Mill Road, Palo Alto, CA 94022 2007 $31,665.00 2008: $32,289.00 2009: $32,925.00 Non Prime 10.00 minus 1 acre for Homesite == 9.00 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. m 3875 Page Mill Rd, Palo Alto, 94304 APN: 351-05-047 Owner: Richard D. Kniss Trustee & Et AI, 1985 Cowper Street, Palo Alto, CA 94301 Assessed Value. 2007 $461.00 2008: $461.00 2009: $461.00 Value Notes: Land Class: Acreage: Contract Start: Non Prime 10.00 Unknown Resolution No: Unknown Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: m 3885 Page Mill Rd, Palo Alto, 94304 APN: 351-05-046 Owner: William W. and Sharon T. Luciw Trustee, 3885 Page Mill Road, Palo Alto, CA 94022 Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 9/23/2009 2007 $918,092.00 2008: $936,447.00 2009: $955,168.00 Non Prime 8.45 minus 1 acre for Homesite = 7.45 Unknown Resolution No: Unknown Unchanged; contract will continue far at least another 10 years. Page 4 of7 lEI 3895 Page Mill Rd, Palo Alto, 94304 APN: 351-05-045 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: Lawrence Markosian, 635 Wildwood Lane, Palo Alto, CA 94303 2007 $223,370.00 2008: $227,828.00 2009: $232,376.00 Non Prime 10.00 minus I acre for Homesite = 9.00 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. III 3905 Page Mill Rd, Palo Alto, 94304 APN: 351-05-044 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: Arthur Michelson Trustee, 3492 Murdoch Court, Palo Alto, CA 94022 2007 $992,375.00 2008: $1,012,222.00 2009: $1,032,466.00 Non Prime 6.43 minus 1 acre for Homesite = 5.43 . Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. III 3981 Page Mill Rd, Palo Alto, 94304 APN: Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: 351-05-043 Richard D. Guhse Trustee, 37 Babras Court, Hollister, CA 95023 2007 $923.00 2008: $923.00 2009: $923.00 Non Prime 20.01 Unknown Resolution No: Unknown Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: III 4201 Page Mill Rd, Palo Alto, 94304 APN: Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 9/2312009 351-25-015 Bruce A Leak, 4201 Page Mill Road, Palo Alto, CA 94022 2007 $1,405,998.00 2008: $1,434,081.00 2009: $1,462,726.00 Non Prime 11.31 minus 1 acre for Homesite = 10.31 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. Page 50f7 II 5061, 5065, 22601 Skyline Blvd APN: Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: 351-12-006 Irene V. Fogarty Trustee & Et AI, 1009 Rosewood Ave., San Carlos, CA 94070 2007 $33,529.00 2008: $34,041.00 2009: $34,563.00 Non Prime 139.59 minus 1 acre for Homesite 138.59 3/611973 Resolution No: 4707 Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: lEI 22601 Skyline Blvd, Palo Alto, 94306 APN: 351-12-062 Owner: Harvey O. Jr. and Pamela K: Loucks Trustee, Rt 2 Box 332, La Honda, CA 94020 Assessed Value Value Notes: Land Class: Acreage: Contract Start: 2007 $509.00 2008: $509.00 2009: $509.00 Non Prime 10.39 Unknown Resolution No: Unknown Contract Status: Unchanged; contract will continue for at least another 10 years. General Notes: III No address; adjacent to 22601 Skyline Blvd APN: 351-12-063 Owner: Harvey D. Jr. and Pamela K. Loucks Trustee, Rt 2 Box 332, La Honda, CA 94020 Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 2007 $279,964.00 2008: $285,549.00 2009: $291,245.00 Non Prime 12.35 minus 1 acre for Homesite = 11.35 Unknown Resolution No: Unknown Unchanged; contract will continue for at least another 10 years. Will Not Renew on January 1, 2010 because a Notice of Nonrenewal has been approved II Open Space within Foothill Open Space Preserve APN: 351-04-031 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 2007 $0.00 2008: $0.00 2009: $0.00 Value not assessed because owned by public/quasi public agency Non Prime 27.34 2/2711979 Resolution No: 5657 and 5658 Notice ofNonrenewal approved on 10/6/2008; contract will tenninate on 12/31/2017 ~.--...... -~--~--------------------~----------- 9/23/2009 Page 6 of7 lEI Open Space within the Montebello Open Space Preserve APN: 351-12-043 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 2007 $402.00 2008: $0.00 2009: $0.00 Value not assessed because owned by public/quasi public agency Non Prime 8.74 2/2811973 Resolution No: 4706 Notice ofNonrenewal approved on 10/6/2008; contract will tenninate on 12/31/2017 lEI Open Space within the Montebello Open Space Preserve APN: 351-25-014 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 2007 $0.00 2008: $0.00 2009: $0.00 Value not assessed because owned by public/quasi public agency Non Prime 10.72 212611975 Resolution No: 5067 Notice ofNonrenewal approved on 10/6/2008; contract will tenninate on 12/3112017 .. Open Space within the Montebello Open Space Preserve APN: 351-06-017 Owner: Assessed Value Value Notes: Land Class: Acreage: Contract Start: Contract Status: General Notes: 912312009 !' I Midpeninsula Regional Open Space District, 330 Distel Circle,Los Altos, CA 94022 2007 $0.00 2008: $0.00 2009: $0.00 Value not assessed because owned by public/quasi public agency Non Prime 24.00 minus 1 acre for Homesite = 23.00 2/2811973 Resolution No: 4708 Notice ofNonrenewal approved on 10/612008; contract will tenninate on 12/3112017 Page? of? Park or Conservation Lund The 19 parcel, whose contract' will automatically renew for a').91her IO-yenr tem on 1/112010 j Williamson Act Parcels in Palo Alto 2009 ~ ---. ~ ....... = Q.) a ~ (,..) = ....... ....... < TO: FROM: DATE: REPORT TYPE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: FIRE OCTOBER 5, 2009 CMR: 381:09 CONSENT Approval of Contract No. CI0133497 with Advanced Processing West, Incorporated (ADPI) for Up to Three Years in an Amount Not to Exceed $166,667 Per Year for Ambulance Billing Services RECOMMENDATION Staff reconllnends that Council approve and authorize the City Manager or his designee to execute the attached contract with Advanced Processing West, Incorporated (ADPI) for ambulance billing and collection services through Septelnber 30, 2010 with the option to extend annually for an additional two years through Septenlber 30, 2012. The contract is not to exceed the anl0unt of $166,667 per year for a total contract value not to exceed $500,000 over a three-year period for this agreenlent, with a collection rate of 4.75 percent. The tern1 of this contract will be for up to one year with the option to renew each subsequent year for up to a lnaximum of three years based on satisfactory contractor performance per the paraIlleters as outlined in the attached RFP document (Exhibit A) and as determined by City staff. This provision is in accordance with the City Auditor's recommendations outlined in the Audit of Ambulance Billing and Revenue Collection repOli of February 2009. The City ll1ay terminate the contract at any tilne with a 10 day wlitten notice to the contractor. DISCUSSION The cunent contract extension option for ambulance transport billing tenllinates on Decelllber 31,2009. At the July 21,2009 meeting of the Finance Committee, committee Inelnbers approved the scope of services for a new contract. Staff was directed to develop an agreenlent to address and satisfy the issues identified in the City Auditor's repoli on arrlbulance transpOli billing and to negotiate a lower comlnission rate. In total, six requests for proposals (RFP) were submitted for consideration. All six proposals were evaluated by a review committee consisting of key ASD and Fire staff personnel who oversee EMS service delivery and EMS billing processes. The proposal sublnitted by ADPI was detennined to be the most acceptable to nleet the needs and requirenlents of the City of Palo Alto as outlined in the RFP. All previous issues of COnCelTI with this contractor's processes and procedures have been resolved S0111e tillle ago and well in advance of the RFP process to the overwhelming satisfaction of City staff. A fOlihcoming update of the City Auditor's recommendations on anlbulance billing procedures will reflect conlpletion of the vast majority of the recommendations with the remainder in process and near conlpletion. CMR 381:09 Page 1 of2 ADPI will be contracted to provide service for outsource billing and collection for Emergency Medical Services (EMS) mnbulance transports by the Palo Alto Fire DepartInent. For this service, the City will pay ADPI a 4.75 percent conunission fee for net funds that are collected. Upon approval by the City Council, the new contract will begin October 7,2009. Included in the new contract are measurable parameters for inlproved consistency, more detailed reporting and review procedures for billing reconciliation, stricter controls for billing follow-up, requirenlents for regular and frequent Ineetings with the contractor representatives to discuss billing issues and outstanding itenls, and establishing an easily administered and monitored system for payment by credit card. These areas were identified as critical needs from the February 2009 City Auditor's report. During the life of this contract, Staff menlbers frOln Fire and ASD will work with the contracting party to explore opportunities for greater efficiencies, inlprove I refine software data repOliing systeIns, InechanisIns for Inonitoring progress and follow-up, and for inlproved procedures and nlethods in pursuing uncollected or outstanding accounts. Examples would include providing nlonthly exception reports, reviewing unbilled accounts with explanations froln the contractor with an action plan for follow-up and resolution, developlnent of nlechanislns to return uncollected accounts to the City with follow-up on the account and Ininilnizing duplicate billings, implementation of new procedures to address invoices and monitor their accuracy with supporting data, and ensuring that the billing contractor's cOInnlission adjustlnent related to refunds is conect. Many of these nlechanisnls and procedures are cunently in place or in process. RESOURCE IMPACT The contractor will receive a cOll11nission of a 4.75 percent of all funds collected for EMS transport services. The total amount is not to exceed $166,667 per year and I or $500,000 over the life of a three-year agreelnent. POLICY IMPLICATIONS This recomnlendation is consistent with existing city policies and will enable the City to comply with recomlnendations in the City Auditor's report. ENVIRONMENTAL REVIEW The actions recon1ll1ended in this report do not constitute a project under the Califonlia EnvirOlunental Quality Act (CEQA). ATTACHMENTS Contract No. CI0133497 with Exhibits A, B, C and D PREPARED BY: REVIEWED BY: CITY MANAGER APPROVAL: CMR 381:09 Page 2 of2 CITY OF PALO ALTO CONTRACT NO.: Contract Nun1ber: C10133497 AGREE~IENT BETWEEN THE CITY OF PALO ALTO AND ADPI ,",VEST, INC. FOR PROFESSIONAL SERVICES PROVISION OF BILLING SERVICES FOR EMERGENCY 1VIEDICAL SERVICES (EMS) This AGREEMENT is entered into on this 1 st day of October, 2009, by and between the CITY OF PALO ALTO, a California chartered n1ll11icipal corporation ("CITY"), and ADPI vVEST, INC. (dba ADPI -Ipterl~~edix), a Dela-yvare Corporation, authorized to do business in California, located at 7705Pa.rdeeLane, Suite 200, Oakland, CA 94621 (PH) 510-904-5718 ("CONSULT ANT"). RECITALS The following recitals are a substantive pOliion of this Agreelnent. A. CITY intends to outsource its Elnergency Medical Billing processes ("Project") and desires to engage a consultant to provide these Elnergency Medical Billing Services (EIVIS) ("Services"). B. CONSULTANT has represented that it has the necessary professional expeliise, qualifications, and capability, and all required licenses and/or celiifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as n10re fully described in Exhibit "A", attached to and n1ade a pari of this Agreen1ent. NOW, THEREFORE, in consideration of the recitals, covenants, tenns, and conditions, this Agreelnent, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perforn1 the Services described in Exhibit "A" in accordance with the tern1S and conditions contained in this Agreelnent. The perfonnance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The tenn of this Agreement shall be from the date of its full execution through Septelnber 30, 2010, unless ten11inated earlier pursuant to Section 19 of this Agreelnent. CITY retains option to renew for up to two additional one (1) year periods based upon CONSULTANT's perfonnance of the Services described in Exhibit A, Scope of Services, attached to and Inade a part of this Agreelnent. 090929 Professional Services 27 Revised 10118/07 SECTION 3. SCHED "LE 0 PERFORMANCE. Tilne is of the essence in the perfonnance of Services under this Agreement. CONSULTANT shall c01nplete the Services 'within the tenn of this Agreement and in accordance with the schedule set f011h in Exhibit '"B", attached to and n1ade a part of this Agreelnent. Any Services for which tilnes for performance are not specifIed in this Agreement shall be c01nmenced and c01npleted by CONSULTANT in a reasonably prompt and tilnely manner based upon the circmnstances and direction cOlnmunicated to the CONSULTANT. CITY's agreelnent to extend the term or the schedule for perfonnance 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 con1pensation to be paid to CONSULTANT for perforn1ance of the Services described in Exhibit '"A", including both payn1ent for professional services and reilnbursable expenses, shall not exceed one hundred and sixty six thousand six hundred and sixty seven dollars ($166,667.00) per Year. The applicable rates and schedule of payn1ent are set out in Exhibit "C", entitled "COMPENSATION," which is attached to and n1ade a part of this Agreelnent. 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 perfonned without the prior written authorization of CITY. Additional Services shalllnean any work that is detennined by CITY to be necessary for the proper c01npletion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payn1ent, CONSULTANT shall subn1it n10nthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who perfonned the services, hours worked, hourly rates, and rein1bursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C"). If applicable, the invoice shall also describe the percentage of con1pletion of each task. The inforn1ation in CONSULTANT's paYlnent requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project lnanager at the address specified in Section 13 below. The City will generally process and pay invoices within thil1y (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be perfonned by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical persolIDel necessary to perfonn the Services required by this Agreelnent and that the personnel have sufficient skill and experience to perforn1 the Services assigned to theln. CONSULTANT represents that it, its elnployees and subconsultants, if pennitted, have and shall n1aintain during the tenn of this Agreelnent all licenses, pen11its, qualifications, insurance and approvals of whatever nature that are legally required to perforn1 the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail aInong professionals in the same discipline and of silnilar lmowledge and skill engaged in related work throughout California under the same or silnilar circumstances. 090929 Profess ional Services 28 Revised 1011 8/07 SECTIO~ 7. COMPLIA~CE WITH LAWS. CONSULTANT shall keep itself informed of and in con1pliance with all federal, state and local laws, ordinances, regulations, and orders that Inay afIect in any Inanner the Proj ect or the perfonnance of the Services or those engaged to perfoIn1 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 perforn1ance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, Olnissions, 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 docun1ents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or an1biguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreelnent. SECTION 9. COST ESTIMATES. If this Agreen1ent peliains to the design of a public works project, CONSULTANT shall subn1it estimates of probable construction costs at each phase of design subn1ittal. If the total estilnated construction cost at any subn1ittal exceeds ten percent (l 00/0) of the CITY's stated construction budget, CONSULTANT shall n1ake recon1lnendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recomlnendations, and revise the design to n1eet the Proj ect budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONSULTANT. It is understood and agreed that in perfonning the Services under this Agreen1ent CONSULTANT, and any person en1ployed by or contracted with CONSULTANT to furnish labor and/or lnaterials under this Agreen1ent, shall act as and be an independent CONSULTANT and not an agent or en1ployee of the CITY. SECTION 11. ASSIGNMENT. The pariies agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreelnent nor the perforn1ance of any of CONSUL TANT' s obligations hereunder without the prior written consent of the city lnanager. Consent to one assignlnent will not be deen1ed to be consent to any subsequent assignlnent. Any assignlnent made without the approval of the city n1anager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be perforn1ed under this Agreelnent without the prior written authorization of the city n1anager or designee. CONSUL TANT shall be responsible for directing the work of any subconsultants and for any cOlnpensation due to subconsultants. CITY assumes no responsibility whatsoever concerning con1pensation. 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 lnanager or his designee. 090929 Professional Services 29 Revised 10118/07 SECTIO~ 13. PROJECT ~rANAGE\,IENT. CONSULTANT will assign Mori NIoriuchi as the Project Director to have supervisory responsibility for the perforn1ance, progress, and execution of the Services and as the project n1anager to represent CONSULTANT during the day-to-day work on the Project. If cirCUlnstances 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 assigmnent of any key new or replacelnent personnel will be subject to the prior written approval of the CITY's project lnanager. CONSULTANT, at CITY's request, shall prOlnptly remove persOlmel who CITY finds do not perform the Services in an acceptable maImer, are uncooperative, or present a threat to the adequate or tilnely con1pletion of the Project or a tlu'eat to the safety of persons or propeliy. The City's project n1anager is Dan Lindsey, Fire Departlnent, Elnergency Medicine Division, Station 6, 711 Serra Street, Stanford, CA 94305, Telephone: 650-329-2515. The project n1anager will be CONSULTANT's point of contact with respect to perforn1ance, progress and execution of the Services. The CITY lnay designate an alternate project n1anager fron1 tin1e to tin1e. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without lilnitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreen1ent shall be and relnain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise froln creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all clain1s to copyright or other intellectual propeliy rights in favor of the CITY. Neither CONSULTANT nor its CONSULT ANTs, if any, shall n1ake any of such Inaterials 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 circun1stances not conten1plated by the scope of work. SECTION 15. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable tin1e during the tenn of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to n1atters covered by this Agreement. CONSULT ANT further agrees to Inaintain and retain such records for at least tlu'ee (3) years after the expiration or earlier tennination of this Agreen1ent. SECTION 16. INDEMNITY. D [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; r egistered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent pennitted by law, CONSULTANT shall protect, indemnify, defend and hold hannless CITY, its Council n1en1bers, officers, employees and agents (each an "Indelnnified Party") from and against any and all delnands, clailns, or liability of any nature, including death or injury to any person, propeliy daInage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disburselnents ("Clain1s") that arise out of, peliain to , or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, 090929 Professional Services 30 Revised 10/18/07 agents or CONSULTANTs under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. C8J[Option B applies to any consultant who does no t qualify as a design profe ional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent pennitted by law, CONSULTANT shall protect, indelnnify, defend and hold harn11ess CITY, its Council melnbers, officers, elnployees and agents (each an "Indelnnified Party") fron1 and against any and all den1ands, claims, or liability of any nature, including death or injury to, any person, property darnage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees , court costs and disburselnents ("Clailns") resulting frOln, arising out of or in any lnanner related to perfonnance or nonperforn1ance by CONSULTANT, its officers, elnployees, agents or CONSULTANTs under this Agreen1ent, regardless of whether or not it is caused in part by an Indenmified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to inden1nify an Indelnnified Party frOln Clailns arising froIn the active negligence, sole negligence or willfullnisconduct of an Inden1nified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of inden1nification. The provisions of this Section 16 shall survive the expiration or early tern1ination of this Agreelnent. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, tern1, condition or provision of this Agreen1ent, or of the provisions of any ordinance or law, will not be deen1ed to be a waiver of any other tenn, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the sarne 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 lnaintain, in full force and effect during the tenn of this Agreelnent, the insurance coverage described in Exhibit liD". CONSULTANT and its CONSULTANTs, if any, shall obtain a policy endorsen1ent nan1ing CITY as an additional insured under any general liability or autOlnobile 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 CONSULTANTs of CONSULTANT retained to perforn1 Services under this Agreen1ent will obtain and n1aintain, in full force and effect during the ten11 of this Agreelnent, identical insurance coverage, narning CITY as an additional insured under such policies as required above. 18.3. Celiificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreen1ent. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is 090929 Professional Services 3 1 Revised 10118/07 prilnary coverage and will not be canceled, or materially reduced in coverage or lilnits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or Inodi±ication, CONSULTANT shall be responsible for ensuring that cunent certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire tenl1 of this Agreenlent. 18.4. The procuring of such required policy or policies of insurance will not be construed to lilnit CONSULT ANTis liability hereunder nor to fulfill the indenlnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total anlolmt of any danlage, injury, or loss caused by or directly arising as a result of the Services perfonned under this Agreenlent, including such danlage, injury, or loss arising after the Agreement is ternlinated or the term has expired. SEeTIO 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The city manager nlay suspend the perfornlance of the Services, in whole or in pari, or tenninate this Agreelnent, with or without cause, by giving ten (l0) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will in1nlediately discontinue its perfornlance of the Services. 19 .2. CONSULTANT Inay terminate this Agreement or suspend its perfornlance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of perfornlance by CITY. 19.3. Upon such suspension or ternlination, CONSULTANT shall deliver to the City Manager ilnnlediately any and all copies of studies, sketches, drawings, cOlnputations, and other data, whether or not completed, prepared by CONSULTANT or its CONSULTANTs, jf any, or given to CO}JSULT ANT or its CONSULTANTs, if any, in connection with this Agreenlent. Such materials will beconle the propeliy of CITY. 19.4. Upon such suspension or tennination by CITY, CONSULTANT will be paid for the Services rendered or nlaterials 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 tenllination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to cOlnpensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and ilwnediate benefit to CITY as such determination may be Inade by the City Manager acting in the reasonable exercise of his/her discretion 19.5. No paynlent, partial paynlent, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTIO~ 20. NOTICES. All notices hereunder will be given in writing and Inailed, postage prepaid, by certified nlail, addressed as follows: 090929 Professional Services 32 Revised 10118/07 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 proj ect director at the address of CONSUL T ANT recited above SECTION ~1. COFLTCT OF INTEREST. 21.1. In accepting this Agreelnent, 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 mam1er or degree with the perfonnance of the Services. 21.2. CONSULTANT further covenants that, in the perforn1ance of this Agreement, it will not en1ploy subconsultants, CONSULTANTs or persons having such an interest. CONSUL T ANT cel1ifies that no person who has or will have any financial interest under this Agreelnent is an officer or elnployee 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 detern1ines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices C01nlnission, CONSUL T ANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reforn1 Act. SECTION 22. NONDISCRIMINATION. As set f011h in Palo Alto Municipal Code section 2.30.51 0, CONSULTANT certifIes that in the performance of this Agreelnent, it shall not discrilninate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, n1arital status, fan1ilial 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 N ondiscrilnination Requiren1ents and the penalties for violation thereof, and agrees to n1eet all requiren1ents of Section 2.30.510 pertaining to nondiscrin1ination in elnployn1ent. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHA INC. The City of Palo Alto is a green business and works to purchase and provide products in an environlnentally sustainable mam1er. CONSUL T ANT will use production lnethods that reduce waste and environlnentally toxic products, as well as have less packaging. CONSULTANT will adhere to the standard that printed lTIaterials will be, at a n1inimum, printed on 30% post consun1er recycled paper with vegetable based ink. The designer will check with the project Inanager to discuss the lTIaximUlTI recycled content paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon footprint for the developlTIent, production 090929 Professional Services 33 Revised 10118/07 and delivery of products. CONSULTANT shall adhere to the City~ s Envirol1111entally Preferred Purchasing policies as may be an1ended fron1 tillle to tin1e. SEeTIO . 2-1. i\rIISCELLA~EOl'S PROVISIO . ~s. 24.1. This Agreen1ent will be governed by the laws of the State of California. 24.2. In the event that an action is brought, the pmiies 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. 24.3. The prevailing pmiy in any action brought to enforce the provisions of this Agreeillent 111ay 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 n1arket value of legal services provided by attorneys en1ployed by it as well as any attorneys' fees paid to third parties. 24.4. This docun1ent represents the entire and integrated agreeillent between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This dOCll111ent n1ay be mnended only by a written instrun1ent, which is signed by the parties. 24.5. The covenants, tern1s, conditions and provisions of this Agreelnent will apply to, and will bind, the heirs, successors, executors, adn1inistrators, assignees, and consultants of the pmiies. 24.6. If a court of competent jurisdiction finds or rules that any provision of this Agreen1ent or any mnendn1ent thereto is void or unenforceable, the unaffected provisions of this Agreen1ent and any an1endn1ents thereto will ren1ain in full force and effect. 24.7. All exhibits referred to in this Agreen1ent and any addenda, appendices, attachlnents, and schedules to this Agreement which, fron1 time to tilne, lnay be referred to in any duly executed mnendlnent hereto are by such reference incorporated in this Agreen1ent and will be deelned to be a part of this Agreen1ent. 24 .8. This Agreelnent is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreen1ent will tenninate 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 tilne within a fiscal year in the event that funds are only appropriated for a pOliion of the fiscal year and funds for this Agreen1ent are no longer available. This Section 24.8 shall take precedence in the event of a contlict with any other covenant, tenn, condition, or provision of this Agreelnent. 24.9. The individuals executing this Agreelnent represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 24.10 All unchecked boxes do not apply to this agreen1ent. 090929 Professional Services 34 Revised 10/1 8/07 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above vvritten. CITY OF PALO ALTO ~PIWEST,INO. Deity Manager (Required for contracts over By: tf].(; . ~ $85,000) DPurchasing Manager (Required for N mne: Doug Shmnon contracts over $25,000) DContracts Administrator (Required for Title: President --~~~~------------contracts under $25,0000 APPROVED AS TO FORM: Senior Asst. City Attorney Attachments: EXHIB IT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": 090915 SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSA TION INSURANCE REQUIREMENTS Professional Services 35 Revised 10/18/07 I. SCOPE OF SERVICES A. Background EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide complete medical billing and accounts receivable management services for CITY's first responder, BLS, paramedic, and membership program fees in accordance with the responsibilities outlined below. CONSULTANT must have a comprehensive and successful Emergency Medical Services billing and customer service record with significant experience in Prehospital billing. Prehospital billing experience shall include 911 system ambulance transports at the ALS / BLS level as well as experience in non 911 system interfacility transports. This level of experience would typically require 5 plus years of EMS / Ambulance billing business at a volume equal to or greater than the City of Palo Alto Fire Department. CONSULTANT must offer leading technology in electronic billing and insurance follow-up. CONSULTANT shall have highly qualified staff with a background in a Prehospital billing. CONSULTANT shall provide data on company history of collections including payer mix with percentage of collections for each category. CONSULTANT shall provide the City with customer references. Currently the City of Palo Alto is utilizing an electronic patient care report (ePCR). The City may still have occasional paper PCR's for processing. CONSULTANT shall provide a fee schedule based on an ePCR and/or paper PCR if there is a differentiation. The total transports for the City of Palo Alto is approximately 3000 transports per year. CONSULTANT shall be responsible to interface with ESO Solutions, the current ePCR vendor without cost to the City. B. Specific Scope Requirements: CONSULTANT will provide the following specific services: 1. Provide general billing and accounts receivable management services to CITY for Emergency and Non-Emergency transport services consistent . with the provisions in City's Municipal Fee Schedule, ensuring that every billable claim is pursued . 2. Maintain up-to-date knowledge of different industry insurance plans and providers, and utilize most up-to-date knowledge and information with reg ard to coding requirements and standards, to ensure compliance with applicable Federal, State and local regulations. 090929 3. When a new account is received, assign billing account numbers that provide a cross-reference to the CITY's assigned incident numbers. On a monthly basis, reconcile the number of transports processed with those received. 5. Maintain responsibility for obtaining missing or incomplete insurance information and billing information. 6. Provide accurate coding of medical claims as set by State and Federal requirements, and facilitate proper security of confidential information and proper shredding of all disposed material containing such information in accordance with HIPAA and Red Flag Rules and regulations. Make recommendations as requested for fee schedule changes. Regularly advise CITY of changes in statues and industry regulations. Provide Bay Area average billing/fee schedules, as needed. Provide strategies to maximize programs, including company charts that estimate the impact of billing system changes. 8. For any accounts previously returned to the City for follow up or further action or which any payment is received by CONSULTANT, report such payment to ASD within 3 business days of receipt. 9. Pursue payment from international and local patients in the same manner with the same diligence. 10. Patient Account Log. CONSULTANT shall file and maintain a log (the "patient account log") for each patient account documenting the complete history of all notices, phone calls, other correspondence, and actions taken to collect insurance payment, including but not limited to: e all invoice and billing records, dates of all written and oral correspondence, • details of such correspondence, • notations of billing contacts and updates, • patient contacts, returned mail, phone disconnects, etc., all records of re-submittals and corrections. all information regarding the patient including CITY's incident number, name, gender, date of birth, date of service, call type, address in the case of account write-offs, the reason why the account is uncollectible. all required documentation and agreements with payors (including Medicare, Medicaid, Champus, etc) CONSULTANT shall provide a copy of the Patient Account Log to City when referring the account back to the City. Professional Services Revised 10/18107 090929 11. Invoices and Billing. Billing cycles will be reset upon billing a different payer and therefore may be extended beyond the 180 period for collections described in sections a through c below. CONSULTANT shall take all reasonable measures to ensure that patients are billed for services, including establishing contacts with local hospitals to obtain and/or verify patient insurance and demographic information, as necessary. In general, if sufficient billing information is provided by the city, the account shall be invoiced within 3 days. If insufficient billing information is provided by the city, the CONSULTANT shall pursue information within 10 days. This includes; skip search, send patient a signature card, request a facesheet from the receiving facility, etc. Once sufficient information is obtained by the CONSULTANT the account shall be invoiced within 3 days and follow the timelines as detailed below. CONSULTANT shall invoice patients according to the following billing cycle. Receipt of account shall be defined as the date the paper PCR or ePCRs received by the vendor. a. Self Pay Cycle -Complete PCR/ePCR: Correspondence: Action Taken No Later Than: Initial Invoice no SSN 3 days for ePCR and 5 days for paper PCR from receipt of account Initial Invoice with SSN 10 days for ePCR First Letter Contact 15 days from receipt of account Secondary Letter Contact 45 days from the previous invoice Continued Follow Ups 80 days from receipt of account (I nvoice or Letter) 115 days from receipt of account Final Demand Notice 145 days from receipt of account Refer to City for action or report status 180 days from receipt of account b. Insurance Accounts: Correspondence: Action Taken No Later Than: Initial Invoice 3 days for ePCR and 5 days for paper PCR from receipt of account First Follow Up 45 days after first submission to insurance Continued Follow Ups 80 days from receipt of account (Invoice or Letter) 115 days from receipt of account 145 days from receipt of account Refer/report to City for Professional Services 38 Revised 10118/07 090929 action or report status 180 days from receipt of account c . Incomplete PCRJePCR CONSULTANT shall pursue information within 10 days. Once information is complete, the timelines shall be the same as in Section (a) above. d. Special Accounts/Modified Payment: CONSULTANT shall negotiate and arrange modified payment schedules for individuals unable to pay full amount when billed and shall work with customers to establish special payment cycles to accommodate these individual payment needs to accommodate installment payments, liens, bankruptcy, or other special payment arrangements. Such payment plans shall be established in writing, with the record of the plan , installment invoices, and all payments retained in the Patient Account Log. Installments and other special accounts shall be mailed no later than every thirty (30) days until paid in full. If, after a modified payment plan is arranged and no payments are made for a continuous 180 day period, CONSULTANT shall refer the account to the City for action. e. Return Mail and Accounts Requiring Additional Information: In addition to adhering to the billing cycle deadlines listed above, CONSULTANT shall conduct skip tracing search requests and/or request additional assistance from: Skip Tracing Search Request Hospital Assistance: No Later than 3 days from receipt of return mail/date f. Communication with patients and customers: All correspondence or phone calls shall identify the CONSULTANT's name and clearly state they are working on behalf of the City of Palo Alto. g. Delinquency Notice: All initial and subsequent invoices shall state the date on which the patient's account will become (or did become) delinquent, h. Secondary insurance: Secondary insurance provider claims shall be submitted after the primary insurance provider has paid. i. Return of delinquent an d uncollectible accounts to City: Oelinquent accounts shall be referred back to the CITY at the 180 day deadline as listed above in sections 11 (a) -(c) with a copy of the Patient Account log . Professional Services 39 Rev ised 10/18/07 090929 (1) Legally uncollectible amounts (such as Medicare and Medical approved payments lower than City rates) shall be reported separately and submitted monthly for City revlevv. (2) I n returning delinquent accounts back to City, CONSULTANT shall provide vvith the Patient Account Log proof and dates of attempts to collect on the account. (3) CONSULTANT shall hold all accounts transferred back to City in inactive status and shall perform no collection activity unless and until directed in writing by City. j. Payment progress reports: For accounts in which insurance payment is pending or a modified schedule has been arranged, CONSULTANT shall provide a report to the City at 180 days from receipt of account and every thirty days thereafter that shows status and payment progress. 12. Reports: CONSULTANT shall provide reports to as requested by the City of Palo Alto. All reports submitted to the City shall be in order of the City's incident numbers, and shall be submitted no later than 10th day of the following month. Required reports include but are not limited to: a. Monthly reports for the Month and Year-to-Date Activity, to City's Revenue Collections and Accounting: >-Billing Report ~ Payment Report >-Detail Open Items Report including account status by date of service ~ Legally Uncollectible Report (Medicare and Medical) >-Delinquent Accounts (referred to City) > Overpayment Report > Detailed Report of Collections for Each Service (1FT, Downg rades, ALS) > Comprehensive Fiscal Year End Report ;-Payer Mix Report r Exception Report on Unbilled Invoices )-Report on payments received on items in collection status b. Monthly reports to Fire Department EMS Coordinator: :> Itemized Patient Account Report Monthly (Listed: in order of City incident number) should include: date of service, dispatch time, unit number, patient name, age, DOB, status of account, i.e. invoiced or pending information Professional Services 40 Rev ised 10/18/07 Incident # date of service dispatch time unit number Pt Name Age I DOB status 090929 )-Detailed Summary Report of Collections for Each Service Monthly (1FT, Downgrades, ALS) c. Other reports to be provided as requested by City include but are not limited to: ~ Miscellaneous Reports as requested ~ Comprehensive Fiscal Year End Report Annually (listing: sum of accounts, sum of charges, sum of adjustments, sum of Payments, sum of write-Offs, sum of reimbursement balances by month) ~ Payer Mix Report as requested ~ Miscellaneous Reports as requested 13. Electronic records: CONSULTANT shall be able to receive and send data compatible with the CITY's field data system software (ePCR). CONSULTANT shall interface or have a link that is capable of downloading or uploading information from the CITY's data collection system. (ESO Solutions is the current ePCR vendor) CONSULTANT shall provide a billing interface with the CITY's current ePCR program and have it operational within 60 days of the award of the Contract. CONSULTANT shall also maintain records in an electronic format that is accessible by designated CITY personnel, who will be given direct long on access to the vendor's database, and meets all Federal and State requirements for maintaining patient medical records and privacy. 14. Customer inquiries: CONSULTANT shall provide a designated liaison to respond to patient/payor concerns, establish a toll free telephone number for customers to call for inquiries, and respond to customer questions or concerns as soon as possible but no later than 24 hours of the initial inquiry (excluding holidays and weekends). CONSULTANT shall also provide assistance in responding to inquiries concerning third-party claims. 15. Training: Keep City apprised of changes to industry regulations and periodically provide training as requested by CITY to CITY's EMS and/or CITY fire personnel regarding the gathering of the necessary information and proper completion of run tickets Professional Services 41 Revised 10/18/07 16. Payments and accounting: CONSULTANT shall maintain appropriate accounting procedures for reconciling all deposits, receivables, billings, patient accounts, adjustments and refunds . CONSULTANT shall maintain daily deposit control sheets and original documentation of · payments. CONSULTANT shall accept cash, checks and credit card payments as acceptable forms of payment for invoiced services. All funds received by CONSULTANT shall be deposited directly into the City's designated bank account immediately upon receipt. 17. Audits: Cooperate with City as required to complete periodic audits. 18. CONS ULTANT shall transition to full implementation of services once according to the following schedule: dates and deadlines TBo as provided by CONSUL TANT and to be incorporated into this scope 19. Monthly meetings: To ensure that CONSULTANT returns uncollected accounts in a timely manner and provide a check to ensure that CONSULTANT does not continue to bill accounts that have already been returned to City, CONSULTANT's Account Manager shall meet at least once per month with the City of Palo Alto Staff from the Fire Department and from the Administrative Services Department. To review open accounts, accounts referred back to City, problems and opportunities related to ambulance billing, and other related issues. At each meeting, CONSU L TANT shall report on all accounts over 180 days and the status of accounts that have not been invoiced, as well as provide any other updates requested by City. The monthly meetings will be pre-scheduled and the City of Palo Alto may request additional meetings if deemed necessary. II. Performance Requirements/Penalty for Non-Performance 090929 Detailed below are the CONSEQUENCES for NON PERFORMANCE for this Agreement. 1. Billing correspondence shall be submitted according to the timelines set forth in Attachment A, Sections 11 (a), (b) and (c). Failure to meet the standard with a minimum 95% compliance in that month will result in a 2.50/0 reduction to the collection amount for the month in which the standard was not met. For example, if the CONSULTANT collection amount for that month is $15,000, the penalty for that month for non compliance would be $375. 2. CONSULTANT shall meet the 180 day referral back to the City for non- collection of billing. Failure to meet the standard with a minimum 95% compliance will result in a 2.5% reduction to that month's collection amount. Professional Services 42 Revised 10/18/07 3. Submit all reports as required in Attachment A, Section 12 by the 10th of each month to verify satisfactory performance in monthly rneetings with Fire and ASD Staff. Failure to meet this standard will result in a 2.5% reduction to that month's collection amount. 4. CONSULTANT shall initiate follow-up action within 10 days to gather all necessary data when insufficient information exists on initial submission to generate an invoice. Failure to meet this standard with a minimum 95% compliance will result in a 2.5% reduction to that month's collection amount. III. City's Responsibilities: 090929 1. CITY shall provide CONSULTANT with patient information on a timely basis and in sufficient detail to support diag nosis and procedure coding. CITY will also provide patient demographic information necessary for accurate patient identification including name, address, social security number, date of birth, and telephone number, whenever possible. Where possible, CITY will obtain and provide CONSULTANT with patient health insurance, auto insurance or other insurance information. 2. CITY shall provide CONSULTANT with necessary documents required by third parties to allow for the electronic filing of claims by CONSULTANT on City's behalf. 3. CITY shall provide CONSULTANT with its approved billing policies and procedures including municipal fee schedules and collection protocols. CITY will be responsible for engaging any third party collection service for uncollectible accounts after CONSULTANT has exhausted its collection efforts. 4. CITY will process refunds identified by CONSULTANT in a timely manner for account overpayments. 5. CITY will cooperate with CONSULTANT in all matters to ensure proper compliance with laws and regulations. Professional Services 43 Rev ised J 0/1 8/07 090929 EXHIBIT "B" SCfIEDULE OF PERFOR-vL ~CE I. Self Pay Cycle -Complete PCRJe PCR: Correspondence: Initial Invoice no SSN Initial Invoice with SSN First Letter Contact Secondary Letter Contact Continued Follow Ups (Invoice or Letter) Final Demand Notice Refer to City for action or report status II. Insurance Accounts: Correspondence: Initial Invoice First Follow Up Continued Follow Ups (Invoice or Letter) Refer/report to City for II I. Incomplete PCRJePCR Action Taken No Later Than: 3 days for ePCR and 5 days for paper PCR from receipt of account 10 days for ePCR 15 days from receipt of account 45 days from the previous invoice 80 days from receipt of account 115 days from receipt of account 145 days from receipt of account 180 days from receipt of account Action Taken No Later Than: 3 days for ePCR and 5 days for paper PCR from receipt of account 45 days after first submission to Insurance 80 days from receipt of account 115 days from receipt of account 145 days from receipt of account CONSULTANT shall pursue information within 10 days. Once information is complete, the timelines shall be the same as in Section (a) above. IV. Special Accounts/Modified Payment: CONSU L TANT shall negotiate and arrange modified payment schedules for individuals unable to pay full amount when billed and shall work with customers to establish special payment cycles to accommodate these individual payment needs to accommodate Professional Services 44 Revised 10/1 8/07 090929 installment payments, liens, bankruptcy, or other special payment arrangements. Such payment plans shall be established in writing , with the record of the plan, installment invoices, and all payments retained in the Patient Account Log. Installments and other special accounts shall be mailed no later than every thirty (30) days until paid in full. If, after a modified payment plan is arranged and no payments are made for a continuous 180 day period, CONSULTANT shall refer the account to the City for action. V. Return Mail and Accounts Requiring Additional Information: In addition to adhering to the billing cycle deadlines listed above, CONSULTANT shall conduct skip search requests and/or request additional assistance from: Skip Search Request Hospital Assistance: No Later than 3 days from receipt of return mail/date VI. Communication with patients and customers: All correspondence or phone calls shall identify the CONSULTANT's name and clearly state they are working on behalf of the City of Palo Alto. VII. Delinquency Notice: All initial and subsequent invoices shall state the date on which the patient's account will become (or did become) delinquent, VIII. Secondary insurance: Secondary insurance provider claims shall be submitted after the primary insurance provider has paid. IX. Return of delinquent and uncollectible accounts to City: Delinquent accounts shall be referred back to the CITY at the 180 day deadline as listed above in sections 11 (a) -(c) with a copy of the Patient Account log . (1) Legally uncollectible amounts (such as Medicare and Medical approved payments lower than City rates) shall be reported separately and submitted monthly for City review. (2) In returning delinquent accounts back to City, CONSULTANT shall provide with the Patient Account Log proof and dates of attempts to collect on the account. (3) CONSULTANT shall hold all accounts transferred back to City in inactive status and shall perform no collection activity unless and until directed in writing by City. X. Payment progress reports: For accounts in which insurance payment is pending or a modified schedule has been arranged, CONSULTANT shall provide a report to the City at 180 days from receipt of Professional Services 45 Revised 10/18107 account and every thirty days thereafter that shows status and payment progress. XI. Reports: CONSULTANT shall provide reports to as requested by the City of Palo Alto. All reports submitted to the City shall be in order of the City's incident numbers, and shall be submitted no later than 10th day of the following month. Required reports include but are not limited to : a. Monthly reports for the Month and Year-to-Date Activity, to City's Revenue Collections and Accounting: > Bi"ing Report > Payment Report > Detail Open Items Report including account status by date of service > Lega"y Unco"ectible Report (Medicare and Medical) > Delinquent Accounts (referred to City) >-Overpayment Report > Detailed Report of Collections for Each Service (1FT, Downgrades, ALS) >-Comprehensive Fiscal Year End Report > Payer Mix Report Y Exception Report on Unbi"ed Invoices )-Report on payments received on items in collection status b. Monthly reports to Fire Department EIV1S Coordinator: )-Itemized Patient Account Report Monthly (Listed: in order of City incident number) should include: date of service, dispatch time, unit number, patient name, age, DOB, status of account, i.e. invoiced or endin information Incident # date of dispatch unit Pt Name DOB status 090929 service time number )-Detailed Summary Report of Collections for Each Service Monthly (I FT, Downgrades, ALS) Professional Services 46 Revised 10/18/07 090929 c. Other reports to be provided as requested by City include but are not Jimited to: >-Miscellaneous Reports as requested >-Comprehensive Fiscal Year End Report Annually (listing: sum of accounts, sum of charges, sum of adjustments, sum of Payments, sum of write-Offs, sum of reimbursement balances by month) >-Payer Mix Report as requested >-Miscellaneous Reports as requested XII. Electronic records : CONSULTANT shall be able to receive and send data compatible with the CITY's field data system software (ePCR). CONSULTANT shall interface or have a link that is capable of downloading or uploading information from the CITY's data collection system. (ESO Solutions is the current ePCR vendor) CONSULTANT shall provide a billing interface with the CITY's current ePCR program and have it operational within 60 days of the award of the Contract. CONSULTANT shall also maintain records in an electronic format that is accessible by designated CITY personnel, who will be given direct long on access to the vendor's database, and meets all Federal and State requirements for maintaining patient medical records and privacy. XII!. Customer inquiries: CONSULTANT shall provide a designated liaison to respond to patient/payor concerns, establish a toll free telephone number for customers to call fo.r inquiries, and respond to customer questions or concerns as soon as possible but no later than 24 hours of the initial inquiry (excluding holidays and weekends). CONSULTANT shall also provide assistance in responding to inquiries concerning third-party claims. XIV. Audits: Cooperate with City as required to complete periodic audits. XV. CO NSULTANT shall transition to full implementation of services once . according to the following schedule: dates and deadlines TBD as provided by CONSUL TANT and to be incorporated into this scope XVI. Monthly meetings: To ensure that CONSULTANT returns uncollected accounts in a timely manner and provide a check to ensure that CONSULTANT does not continue to bill accounts that have already been returned to City, CONSULTANT's Account Manager shall Professional Services 47 Revised 10118/07 090929 meet at least once per month with the City of 10 Alto Staff from the Department and from the Administrative Services Department. To review open accounts, accounts referred back to City, problems and opportunities related to ambulance billing, and other related issues. At each meeting, CONSULTANT shall report on all accounts over 180 days and the status of accounts that have not been invoiced, as well as provide any other updates requested by City. monthly meetings will be pre-scheduled and the City of Palo Alto may request additional meetings if deemed necessary. Professional Services 48 Revised 10/18/07 090929 A. CONIPENSATION EXI-lIBIT He" COiVIPE~SATIO .. The CITY agrees to cOlnpensate the CONSULTANT for professional services perforn1ed in accordance with the tenns and conditions of this Agreen1ent, and as set forth below. The con1pensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall be at a rate of 4.750/0 of net collections, not to exceed a total of $166,667.00 per year. CONSULTANT agrees to con1plete all Basic Services, including reilnbursable expenses, within this arnount. Any work perforn1ed or expenses incuned for which payment would result in a total exceeding the Inaxin1un1 an10unt of compensation set f011h herein shall be at no cost to the CITY. Net collections is defIned as Total Cash Collections, less Refunds paid out by CONSULTANT. Eo PERFOIlMANCE P~QUIP~~IIENTS/PENALTY FOR NOt~-PERFOruv1ANCE Detailed below are the CONSEQUENCES for NON PERFORMANCE of the Tern1s and Conditions included in this Agreen1ent: 1. Billing conespondence shall be subn1itted according to the timelines set forth in Attachment A, Sections 11(a), (b) and (c). Failure to Ineet the standard with a minin1uIn 95% compliance in that Inonth will result in a 2.5% reduction to the collection arnount for the month in which the standard was not n1et. For exalnple, if the CONSULTANT collection an10unt for that Inonth is $15,000, the penalty for that month for non con1pliance would be $375. 2. CONSULTANT shall n1eet the 180 day referral back to the City for non- collection of billing. Failure to n1eet the standard with a n1inimmn 95% con1pliance will result in a 2.50/0 reduction to that Inonth's collection arnount. 3 Sublnit all reports as required in Attac1u11ent A, Section 12 by the 10th of each Inonth to verify satisfactory perfonnance in n10nthly meetings with Fire and ASD Staff. Failure to n1eet this standard will result in a 2.50/0 reduction to that n10nth's collection amount. 4 CONSULTANT shall InItIate follow-up action within 10 days to gather all necessary data when insufficient infonnation exists on initial subn1ission to generate an invoice. Failure to Ineet this standard with a minimuln 95% con1pliance will result in a 2.5% reduction to that Inonth's collection an10ll11t. Professional Services 49 Revised 10118/07 EXHIBITD INSuRANCE REQClRE~IENTS CONSUL TANTS 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 R~ TING OF A-:VU, 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: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY YES EMPLOYER'S LIABILITY STATUTORY BODIL Y INJURY $1,000,000 $I,OOO,OO( YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $I,OOO,OO( PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODIL Y INJURY & PROPERTY DAMAGE $1,000,000 $1,000,00( LIABILITY COMBINED. BODIL Y INJURY $1,000,000 $I,OOO,OO( EACH PERSON $1,000,000 $1,000,00( AUTOMOBILE LIABILITY, EACH OCCURRENCE $1,000,000 $1,000,00( YES INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $I,OOO,OO( BODIL Y INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,00( COMBINED 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: CONSULTANT, 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 CONSULTANT 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 WRITIEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT'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 090929 Prol~ssional Services 50 Revised 10118/07 COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" 090929 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 C. THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER TH 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. 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 51 Revised 10118/07 Filename: CONTRACT DOC UMENT FINAL 091509b (2).doc Directory: S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\C 1 0 133497 -.LL\DPI Telnplate: C:\Documents and Settings\kbradle\Application Data\Microsofi\Templates\Normal.dot Title: CITY OF PALO ALTO CONTRACT NO Subject: Author: Keyvvords: COlnments: Creation Date: Change Nlunber: Last Saved On: Last Saved By: Total Editing Tin1e: Last Printed On: tleslie 9115/2009 2:59:00 Pivl 6 9/29/2009 11 :51 :00 AM tleslie 28 Minutes 9/29/2009 11 :51 :00 AM As of Last COlnplete Printing Nlllnber of Pages: 25 Nlllnber of Words: 8,659 (approx.) 47,110 (appro x.) NUlnber of Characters: Mr. Johnnie Giles COlTICast Vice President GovenUTIent Affairs 12647 Alcosta Blvd. San RmTIon, CA 94583 Dear Mr. Giles: Letter to COlTICast Over the past three lTIonths, representatives of the cable television Joint Powers Agency (the "JP A") that serves the cities of Palo Alto, Palo Alto and Menlo Park, the town of Athelion, and pOliions of Santa Clara and San Mateo counties (the "MelTIbers") have met with COlTICast representatives to discuss the future of the I-Net, currently provided by COlTICast pursuant to our local cable television franchise, after July 2010, when Con1cast's current franchise I-Net obligations will expire under the Digital Infrastructure and Video Con1petition Act C'DIVCA"). Unfortunately, those discussions have resulted in little or no forward progress in developing reasonable options for the Men1bers that are consistent with DIVCA and that would provide the Men1bers with the ability to continue to use the I-Net at the expiration of franchise agreen1ent in July 2010. The JPA and the MelTIbers are disappointed and frustrated by Comcasf s unwillingness to respond lTIeaningfully to the JPA's post-July 2010 I-Net concerns. The JPA's concerns fall into two categories. First, Con1cast has failed to and agree to fulfill its clear obligations under DIVCA to continue to provide I-Net capability to all PEG progrmTIlTIing origination points, free of Second, Con1casfs proposed recurring charges for I-Net sites that are not PEG origination points far exceed the available budgets of the Melnbers and are grossly excessive in light of COlTICast's reCOUplTIent of its investn1ent costs for those sites during the tenn of its franchise. 1. DIVCA Requires Con1cast to Provide Translnission from all PEG By law (DIVCA), Con1cast is obligated to provide, at no charge to the JPA or the Members, all necessary facilities to PEG "channel originator" for transmission of PEG programlTIing frOlTI PEG programming inseliion points to subscribers. CaL Pub. Code § 5870(h). also CaL Pub. UtiI. Code § 5870(a) (holder n1ust provide '~sufficient" "capacity on its network" for prOVISIon channels.): § 5870(±) Ctransnlission [PEG] contenC is Comcasf s responsibility; PEG content is responsibility); & § 5 ) is to "provid[ e r~ progran1nling while COlTICast is to provide PEG transITIission). follo'wing sites have used for origination pro granllTIlng: Media Center, Palo Alto Charnbers City Council, 1IIenlo Park COn11TIUnity Center/Bell Haven Senior Center lv1enlo Park City Hall, Palo Alto City Hall, Palo Alto District Office, Palo Alto Unified School District C'PAUSD"), Palo Alto The JP A anticipates that the following origination PEG progranln1ing: sites in Palo Alto will in1111inently be used for San Francisco 4gers Acaden1Y, Ravenswood City ElelTIentary School District CRCSD") District Office, RCSD The JPA anticipates that the following I-Net sites 'will be used for origination of PEG prograrTIluing in the future: Encinal Schoot lv1enlo Park Elenlentary School District ("MPSD"), Menlo Park District Office, MPSD, Park Hillview School, MPSD, Menlo Park Oak Knoll School, MPSD, Menlo Park Palo Alto School, PAUSD, Palo Alto Gunn High School, PAUSD, Palo Alto Jordan .tYliddle School, PAUSD, Palo Alto Jane Lathrop Stanford Middle School, PAUSD, Palo Alto Cesar Chavez Academy, RCSD, Palo Alto as appropriate.] Despite its clear DIVCA obligation, Conlcast has failed to respond to the JPA's that Con1cast acknowledge and accept its obligations to continue to provide services frOlTI these PEG origination sites free of charge after July O. The JPA and the Men1bers expect Conlcast to fulfill its DIVCA obligation with respect to these I-Net origination sites and again request COlucast's confinuation of that obligation. Absent such confinuation, the JP A will have no choice but to consider pursuing its available rights and renledies D IV CA. 2. In addition to PEG prograrunling origination and delivery, the I-Net provides other vital services to the Menlbers whose facilities are connected to it and, in particular, enabled JPA-area 2 schools to ilnprove educational oppo11unities and operate more efficiently. The in1pact the capability will be particularly harmful to the JPA-area schools, including the RCSD, which serves the lov,.rer-income residents Palo Alto. The City of East Palo Alto is very near sea leveL a consequence, copper wire-based services in the cOInlnunity that are located underground are very ulu'eliable. Before the I-Net fiber cOImections were n1ade available, the T1 lines to schools would go down often. The Internet and e-n1ail services at school sites would cease at tilnes for up to a vveek. When this happened, school principals vvould have to scrmYlble and use cell phones to receive calls iJ:OIn frantic parents who could not con1lnunicate with their child's schooL Access to the JPA's fiber-based for the past several years has changed all of that. In 2008, thanks to funding and a grant il'on1 Cisco Systen1s, Inc., the RCSD ilnplen1ented a Voice-Over-Internet-Protocol ("VOIP") telephone and e911 systeln for all schools in the district, including chmiel' schools. Every classroon1 teacher now a phone and reliable voicen1ail to enhance hOIne/school con1lnunication, a proven strategy for in1proving educational outcomes. Without the bandwidth between school sites provided by the however, this VOIP systen1 will not work properly. That would have a significant adverse ilnpact on the operating efficiency, and overall safety at RCSD schools. In May 2009, the RCSD received a large equipn1ent grant froin the Hewlett-Packard Con1pany ("HP") to update the RCSD' s server infl'astructure and better serve the needs students and teachers. This upgrade allows the RCSD to provide secure centralized info1111ation storage and backups for teachers and students, and to give teachers and students server-based and online access to electronic textbook resources. The HP grant also funded laptops for the RCSD's n1iddle school teachers to use to prepare lessons, conduct student assesslnents, and retrieve instructional n1aterials, including videos to enhance student lessons. Thanks to grant, laptop carts are available for the first tin1e this fall, to provide access to online curriculun1 resources and teclu1010gy in the classroOIn for 1,200 RCSD lniddle school students. Without access to the I-Net bandwidth, however, the RCSD students not be able to access the Internet quickly or reliably, or store their work documents with unfettered access. Likewise, reliable teacher access to online lnaterials cannot happen without the I-Net bandwidth and the fast Internet connection that it provides. The overall budget picture for schools is bleak. The econon1ic situation the lP A service area is no exception. Our schools have recently endured significant staff and progrmn cuts because of the state fiscal crisis and weak econOIny. The financial picture for cOIning year is also very grim. More staffing and progran1lnatic cuts are anticipated, and probably at least one school will close. In this very difficult fiscal environment, our schools are still striving to in1prove the acaden1ic performance of our students. RCSD is identified as a 10w-perforn1ing school district due to scores on state standardized tests. Although test scores have in1proved each year the rate of ilnprovement is not fast enough to Child Left Behind regulations. 3 The adverse educational impact on our students of not having access to the bandwidth vvill be substantial. the last several years, we have strived to use technology to k,,",~.~~~~.~~)-, of our students and give teachers better access to tools that will students and accelerate student achievelnent. The backbone of that plan is the fast bandvvidth that the provides, and not having it will stop our progress in its tracks. The JPA leadership has Inet with COlncast to discuss the continuation of the I-Net that has been provided through the local franchise agreement. these nleetings, Conlcast presented the proposed new I-Net charges that it plans to ilnpose on JPA jurisdictions if they wish to be able to continue to use I-Net after July 2010, DIVCA ends Conlcasfs current I-Net franchise obligation. The proposed I-Net pricing options that COlncast quoted exceeds the financial nleans of the lvlelnbers served by the JPA's To date, Conlcast has been unable or unwilling to explore or discuss other options beyond the assessnlent proposed new I-Net charges. Because the costs of Conlcast's I-Net are largely sunk and have already been largely, if not conlpletely, recouped by COlncast through its cable service rates charged to JP A residents for nearly ten years, COlncast's exorbitant proposed I-Net rate denlands seenl wholly unjustified. In essence, Conlcast is seeking to recover its I-Net costs twice, once froIn its cable subscribers and now, agaIn, frOln the JPA Inembers and school districts through proposed I-Net charges. We would like to Ineet with you to discuss our concerns about this situation and to seek your assistance and input as to what nlight be done to solve the enornlOUS problelns caused by the loss of the I-Net. Sincerely, Melissa Cavallo Joint Powers Authority Cable Coordinator cc: Lee Ann Peling Nathan Woodard JP A Melnbers 4 TO: FROM: DATE: City of Palo Alto City Manager's Report HONORABLE CITY COUNCIL 11 CITY MANAGER OCTOBER 5, 2009 DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 398:09 REPORT TYPE: CONSENT CALENDAR SUBJECT: Approval of contract amendment no. 14· extending the term of the rail shuttle bus administration agreement' with the Peninsula Corridor Joint Powers Board through 6/30/2010 and increasing the expenditure limit by $368,000 for a total of $2,610,419 RECOMMENDATION'· Staff recommends that Council: 1) Authorize the City Manager to execute the attached amendment to the Rail Shuttle Bus Administration Agreement with the Peninsula Corridor Joint Powers Board (JPB), extending the telTIl of the agreement through June 30, 2010. 2) Approve an increase of $368,000 in the expenditure limit of the existing Rail Shuttle Bus Agreement (SOl14750) with the JPB to cover the City'S shuttle program operating costs during the period July 1, 2009 through June 30, 2010. This will increase the contract expenditure limit to $2,610,419 for the period from FY 2003 through FY 2010. BACKGROUND In 1999, the City and JPB entered into the Rail Shuttle Bus Administration agreement for the provision of shuttle bus services in Palo Alto, as part of the JPB shuttle bus program. The agreement provides that the agencies may extend the telTIl of the agreement upon mutual consent. There have been thirteen contract extensions since the original agreement was executed. DISCUSSION The fourteenth amendment to the agreement, in letter format (Attachment A) dated June 22, 2009, provides for continued shuttle services for the Palo Alto shuttle program from July 1, 2009, thrqugh June 30, 2010. Due to the late receipt of this letter agreement, staff was not able to agendize this item for Council approval prior to the Council vacation. The JPB has continued to provide uninterrupted shuttle service during the interim until the contract extension is approved by the City Council. CMR:398:09 Page 1 of3 The JPB contract contains terms and conditions for two distinct services: . (1) the basic Embarcadero/Bayland Caltrain commuter peak period shuttle route, which is part of the Caltrain commuter shuttle program, and (2) expanded and n1idday shuttle routes, including the noontime Embarcadero shuttle and Crosstown shuttle, which are exclusively Palo Alto shuttles. The contract with the JPB stipulates that the City reimburse the JPB a sum of $45,941 equal to 25 percent of the annual cost of the peak period Embarcadero/Baylands shuttles and that the City also reimburse the JPB for 100 percent of the annual expanded all-day Crosstown shuttle and noontime Embarcadero shuttle costs (approximately $322,000). Thus, the City's total contract expense to continue. the current shuttle program service level for this fiscal year is estimated to be $368,000. The City reimburses the JPB on a monthly basis for the cost of actual services rendered during the preceding month. Staff has tried to work with JPB staff over the past two years to develop a more comprehensive shuttle agreement which would clarify the responsibilities of the JPB, JPB' s contractor, and City for the provision of the City~s expanded Crosstown Shuttle and the noontime Embarcadero Shuttle, but the JPB has continued to delay responding. Because a revised agreement with JPB could not be reached regarding the expanded service, in late July st'lff issued a request for proposals for a new shuttle provider for these routes. Proposals were received from five shuttle companies on September 1 st and staff is' in the process of evaluating the proposals and will be recommending a preferre-d. vendor within the next month and a new service contract forwarded to Council for approval in November. It is staffs expectation that the new contract for the Crosstown Shuttle and midday shuttle will begin in late 2009 or January 2010. In order to cover the additional contract expense through June 30, 2009, staff is requesting that the Council approve the shuttle contract amendment for the Rail Shuttle Bus Administration Agreement (S0114750) which will enable all Palo Alto shuttle services, including both the Embarcadero/Bayhtnds commute period shuttles and expanded Crosstown/midday services to continue uninterrupted until a new vendor is in place for the latter services. Staff also recommends that Council authorize an increase in the encumbrance spending limit for the rail shuttle bus agreement with Caltrain by in the amount of $368,000 to cover the full year of the Embarcadero/Baylands commute shuttle as well as the expanded Crosstown/midday services. When staff returns to Council with the award of contract for the new operator for the Crosstown and midday shuttles, staff would also request a reduction in the JPB contract expense limit to remove funding for the balance of the fiscal year that would be covered by the new shuttle operator. As soon as possible, staff will notify the JPB of the expected start date for the new shuttle operator. JPB staff have indicated they too would make appropriate adjustments in their contract with their shuttle vendor. The purchase of additional expanded services is allowed, but not required in the contract with the JPB, so it is not expected that the City/JPB agreement would need to be modified to drop the Crosstown and midday shuttle from Caltrain shuttle program. However,rstaff will work with JPB to develop a new agreement for the provision of Caltrain peak shuttle services to be effective at the termination of this amendment. If a contract between the City and a new shuttle service operator is not in place for the expanded services by December 31, staff will return to Council with an update. CMR:398:09 Page 2 of3 RESOURCE IMPACT Funding included in the 2009/2010 operating budget for the Palo Alto Shuttle program is sufficient to cover these contracted service and operating costs. No additional resources 'will be required at this time. The extension of this agreement with the JPB will not prevent staff from implementing a new contract for the Crosstown and midday shuttles or additional shuttle operational efficiency improvements during the course of the year as needed. POLICY IMPLICATIONS This request is consistent with existing Council direction to continue and expand the Palo Alto shuttle project. ENVIRONMENTAL REVIEW On August 2, 1999, the City Council approved a Negative Declaration finding the shuttle project would not result in any significant environmental impact. PREPAREDBY: _______________ +~~ __ ~~~G---~--tJ-·~-·--~------~--­!Sl~lnE LIKENS Management Specialist DEPARTMENT APPROVAL: --<J~N\L13Io,""r/-:!~~....-!!I\..s---"'..::!IIo,j..l-.~~~~ ...... ...:;..;:;....,..J----- CURTIS WILLIAMS Director of Planning and Community Environment CITY MANAGER APPROV AL: ___ ~-----?"--f-! _~ _1----"-' _11_1_-----,/:'--t-~--Q_F__ ~ __ _ ~.tKMES KEENE lJ ~ 0ty Manager \. ATTACHMENTS A. Caltrain Joint Powers Board Contract Extension Letter Agreement dated June 2009. /' i CMR:398:09 Page 3 of3 June 22, 2009 Gail Likens City of Palo Alto Transportation Planner PO Box 10250 Palo Alto, Ca 94303 Attachment A JUL 1 RE: EXTENSION OF BAYLANDS/ElVIBARCADERO SHUTTLE BUS ADMINISTRATION AGREEMENT Dear Ms. Likens: BOARD OF DIRECTORS 2009 DON GAGE, CHAIR SEAN ELSBERND, VICE CHAIR IVIARK CHURCH JOSE CiSNEROS NATHANIEL P. FORD, SR. JIM HARTNETT ASH KALRA ARTHUR L. LLOYD KEN YEAGER IVIICHAEL J. SCANLON EXECUTIVE DIRECTOR The existing Shuttle Bus Administrati0n Agreement between the City of Palo Alto and the Peninsula Corridor.loint Powers Board ("JPB") dated March 30, 1998 ("Agreement") terminates on June 30, 2009. This Letter Agreement extends the tenn of the Agreement for a one year period only from July 1,2009 through June 30,2010 ("Extension Period") by mutual consent, as pennitted in the Agreement. You will be required to pay the JPB $45,941 during the Extension Period, constituting twenty-five percent (25%) of the $183,765 estimated cost of operating the Baylands/Embarcadero Caltrain Shuttle during the Extension Period. Payments for your midday program will continue t<;> be billed directly to Palo Alto as before. The Agreement, when extended, will remain in effect during the Extension Period in all respects except as expressly revised in this letter. If the tem1S of this Letter r'\.greement are acceptable to you, please sign belo"v, keep a copy of this letter for your files, and return the original letter to me. The JPB's obligation to fund the shuttle during the Extension Period is conditioned upon our receipt of this Letter Agreement no later than August 30,2009. PENINSULA CORRIDOR JOINT POWERS BOARD 1250 San Carlos Ave. -P.O. Box 3006 San Carlos, CA 94070-1306 (650)508-6269 If you have questions about what these changes mean to your program, you can contact me at leep(c1.~SaITItrans.conl, or at (650) 508-6433. Sincerely, Paul Lee Manager, Bus Contracts Agreed to and accepted this __ day of ,2009. City of Palo Alto By: r i Name: __________________________ __ Its: TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: UTILITIES DATE: OCTOBER 5, 2009 CMR: 389:09 REPORT TYPE: CONSENT SUBJECT: Approval of Amendment No.1 to Contract C08126041 with Siegfried Engineering, Inc. in the Amount of $70,069 for a Total Not To Exceed Amount of $614,436 for the Eleanor Pardee Park and Main Libraryl Community Gardens Emergency Water Supply Wells Project RECOMMENDATION Staff recommends that Council: Approve and authorize the City Manager or his designee to execute the attached Amendment No. 1 to Contract C08126041 (Attachment A) in the amount of $70,069 for consultant's additional well drilling services on the Eleanor Pardee Park and the Main Library/Community Gardens Emergency Water Supply Wells Project. BACKGROUND The Eleanor Pardee Park and the Main Library/Community Gardens Emergency Water Supply Wells Project (Wells Project) is part of the overall Emergency Water Supply Project (EWSP), WS-08002. This project's purpose is to ensure an adequate emergency water supply source is available to meet the City's emergency water needs. On March 5, 2007, Council adopted a Park Improvement Ordinance for Eleanor Pardee Park authorizing construction of a new below-grade well, tree-trimming and removal of one Modesto Ash in poor condition (CMR: 161 :07). This work will not require permanent closure of the park to public use and no loss of parkland will occur. Council's approval in June 2008 (CMR:291:08) of the design-build resolution and the contract with Siegfried Engineering, Inc. (SEI) authorized City staff to complete preliminary design for the construction of two new emergency supply water wells to be used during water system supply shortages. DISCUSSION During the pre-design phase, SEI conducted a geotechnical investigation of the two well sites by drilling two pilot holes for the wells. The original estimate for the depth of the pilot holes for each site was 450 feet. When this depth was reached it was determined that the estimated well CMR: 389:09 Page 1 of2 water yields would not meet the required 1000 gallon per minute flow rate. To ensure the wells could produce at the required yield, the pilot holes were extended an additional 350 feet at each site. The cost of extending the pilot holes exceeded the original estimates by $70,069. RESOLIRCE IMPACT' Funds required for Contract Amendment No. I in the amount of $70,069 are included in the WS- 08002 Emergency Water Supply Project CIP. POLICY IMPLICATIONS Approval of Contract Amendment No.1 (Attachment A) does not represent a change to existing City policies. ENVIRONMENTAL REVIEW The field work, including drilling work, conducted during pre-design, as well as the project for construction of wells in Eleanor Pardee Park and at the Main Library/Community Gardens site, are part of the overall project EIR for the Emergency Water Supply Project (SCH #2066022038), which Council certified on March 5, 2007 as being adequate to meet the requirements of the California Environmental Quality Act (CEQA). ATTACHMENT A: Contract Amendment No.1, Siegfried Engineering, Inc. PREPARED BY: ~. A--mel Antonio, Senior Project Engineer ~ Greg Scoby, WGW Engineering Manager omm Marshall, Assistant Utilities Director DEPARTMENT HEAD: VAL~G Director of Utilities CITY MANAGER APPROVAL: CMR: 389:09 Page 2 of2 AMENDMENT NO. ONE TO CONTRACT NO. C08126041 BETWEEN" THE CITY OF PALO ALTO AND SIBGFRIED ENGINEERING, INC. ATTACHMENT A This Amendment No. One to Contract No. C08126041 ("Agreement") is entered into October 5, 2009, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and SIEGFRIED ENGINEERING, INC., a Californi~ corporation, located at 3244 Brookside Road, Suite 100, Stockton, CA 95219 ("CONTRACTOR") . R B CIT A L S: WHEREAS, the Contract was entered into between the parties for the provision of pre-design and procurement services for design-build of Eleanor Pardee Park and Library Community Gardens Water Production Wells and Emergency Water Supply and Storage; and WHEREAS, the parties wish to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. The section entitled "SCOPE OF SERVICES"is hereby amended to read as follows: "SCOPE OF SERVICES". To extend the depth of drilling and logging for the test holes in order to locate additional water bearing stratas for the emergency well sites at Eleanor Pardee Park and Library Community Gardens. SECTION 2. The section entitled "COMPBNSATIONII is hereby amended to read as follows: "COMPENSATION" for the full performance of this Agreement: 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 Six Hundred Fourteen Thousand Four Hundred Thirty Six Dollars($614,436)." SECTION 3. The following exhibit(s) to the Agreement are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference:' a. Exhibl.t "A" entitled "Scope of Services". b. Exhibit "B" entitled "Compensation". 1 090918 srn 010 SECTION 4. Except as herein modified, all other prov1s10ns 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 GINEERING, APPROVED: By: ~~~~~~~----~~~~~ City Manager Name:' Paull. Schneider, P.E. Title: Vice President APPROVED AS TO FORM: Deputy City Attorney Attachments: EXHIBIT IIAt1: EXHIBIT liB": SCOPE OF SERVICES COMPENSATION 2 090918 smOtO Scope of Services Bxhibit A To extend the depth of drilling and logging for the test holes in order to locate additional water bearing stratas for the emergency well sites at Eleanor Pardee Park and Library/Community Gardens. 3 090918 smOJO EXHIBIT B ... II •• SIEGFRIED . "If Engineering. Innovalion. Success. July 20, 2009 " ,1 Mr. R.omel Antoino City of Palo Alto via l!l1Iatl:romel.antDltitJ@cityofpaloalto.org orlginallQ follow Water-Gas~Wastewatel" Utilities Engineering 1007 EhveJJ Court Palo Arto, CA 94303 Dear Roinel: Stiblett; Revised Change Order No. 1,clatecl July 20J 2009 Extension of Test Hole DrfJllngDepth Emergency Well SiteS Enclosed is RevilCd Contraet Change Qrder No.1 .. daled July 20, 2009, to extend the depth of drillin& and 1018"* for the test holes in order to locate additional water bearingstratas for the emergency well .site6 at Eleanor PJJl'deo Patk and Library/CommlJllrty·Oardens. The ehange OJtderis based upon actual final :invoices received by ~leinfelder from the c:h~iUing contractos:. This Revised Change Order No. 1 8uperced'es the Contractor Change Order No.1 prcvioasly fransmitted by letters dated September 3, 20()8 an411lfl'IJ8ty 8,2009.' " Eng}osed· .pr.e %be f0110wing copies of email!! between Jirnfl'llnipn and Co Johnson of KJeinfe.lder. ~ on Thursday .. July 31. 2008 at the time of the test hole drilling which led to the determination of CJUend,ing ~ depth of.the test hole~ • 8:34 am; Chris Johnson to Jim Flanigan, • 10,QS am. Jim Flanigan to Chris Johnson. and • 10:11 am, Chris Johnson to liM Flani8JU1. Also .. er1Cl~ed is Kleinfelder's leUerdated October 23, 2008'. leSiqfrled BPainec;ring 1) requesting the change: order, 2) dCSoribing the extra work performed and the (lost tor the extra work, and 3) KJeinM~r'811l'\toice No.. 53:661 together with tilt) supporting dQcuments OJ'invoices from the test hole driUing contractors. The increase to our original contrapt asa 'result ofR.evisc::d Change Order No. 1 is S10JQ69 (inClllding a 10% markup). Very truly )'ours, Siegfried Engineering, Inc. d&csi~~ . Le. orrales. P.E. Pr:esid.cnt LAClakw enclosures CIVIL ENGINEERING ~ STRUCTURAL ENGINEERING. LAND SURVEYING. PLANNING Sieglried Engineering. Inc. • 3244 Blookside Road. 811110100. SlocklOn, CA 95219 • 1111: (209'943-2021 \~ 'IIX: (209} 942-0.214 • \f(Ww.ftmgfril!d!Ul(\.~ol" 01l1~4..:hnlLoRlr-"qst_krclllrcldcr_clly_lIrJeY_07l00!1.(lOc TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: OCTOBER 5, 2009 CMR: 399:09 REPORT TYPE: CONSENT SUBJECT: Approval of an Agreement with Van Scoyoc Associates for Up to Three Years in an Amount Not to Exceed a Total of $287,000 for Federal Legislative Representation Services RECOMMENDATION Staff recommends that the Council: 1) Approve and authorize the City Manager or his designee to execute the attached contract with Van Scoyoc Associates (Attachment A) in the amount of $85,000 for the first year of the contract (September 1,2009 -June 30, 2010); and $101,000 each in years two and three based on satisfactory performance of the firm. DISCUSSION For many years, the City has contracted with firms that have provided representation for the City in Washington, DC on Federal legislative issues. This representation is important for the City in several ways. Most importantly, it allows Palo Alto to have a presence and voice with our Federal representatives when they are in Washington. It is important to have someone physically present in Washington scanning for issues that might impact Palo Alto and building relationships with key legislators and their staff members. For at least the past five years, the City has contracted with The Ferguson Group (TFG) to provide these services. TFG has provided critical guidance and support for the City's projects during the Federal appropriations request process. In the past, the City has received Federal funding for numerous projects, including the Children's Library reconstruction and the San Francisquito Creek project, as a result of the support and advice of TFG. Having this support and guidance is extremely important as the appropriations process is cumbersome, confusing, and time consuming for agencies that are unfamiliar with it. TFG has also provided key support and advice to the City on opportunities for funding through the American Reinvestment and Recovery Act (economic stimulus funding). Given transitions on the Council and at the senior staff level, the City has been evaluating the efficacy of its legislative efforts. Staff have presented several reports to the Policy & Services Committee in an effort to develop a legislative program that meets the current needs and interests of the City. A key element of the City's legislative program is representation in Washington, CMR:399:09 Page 1 of3 both on key issues and during the appropriations process. Since the City had not evaluated the options for Federal representation in many years, staff issued a Request for Proposals (RFP) in spring of 2009 for these services. Attachment B provides the scope of services from that RFP. The City received seven proposals in response to the RFP. Attachment C provides a listing of the firms that responded to the RFP. A cross-departmental team initially interviewed all seven firms via video/teleconference. The team then recommended that three firms be selected for in- person interviews with several additional staff members, including the City Manager. The final two firms submitted responses to an additional written questionnaire. Additionally, staff made phone calls to references provided by Van Scoyoc Associates. Based on this extensive vetting process, staff recommends that the City contract with Van Scoyoc Associates (VSA) for Federal legislative representation. Van Scoyoc Associates (VSA) is a bi-partisan, full-service Federal government relations firm that provides comprehensive Legislative and Executive Branch strategic advice, liaison service, and advocacy. VSA was established in 1990 and is the largest independent lobbying firm in Washington, D.C. VSA's current clients include a wide range of public and private interests, such as city and county governments, water and flood control districts, public transportation agencies, major research universities, hospitals, health care and research consortia, economic development authorities, and Fortune 500 companies. A more comprehensive client list is included in the firm's proposal (Attachment D). Some of their California clients include: Alameda-Contra Costa Transit District; Cathedral City; Dana Point; Long Beach; Stockton; Rocklin; Newport Beach; and Westminster, among others. The City's point of contact will be Thane Young, Vice President and the team will also include Vice President Steve Palmer and Government Affairs Manager Laura Morgan. Their resumes are also included in Attachment D. Staff recognizes that a transition from The Ferguson Group will require building new relationships, both with VSA and with legislative and agency staff in Washington. The Ferguson Group has provided valuable and effective services to Palo Alto over the life of the agreement and the firm has been successful in securing significant Federal dollars for City projects. However, the City received incredibly high quality proposals from numerous firms during this process. Staff believes that VSA will provide representation and support not only through the appropriations process but will also expand the City's presence and efforts on issue advocacy at the Federal level. The VSA team has many years of experience both in Washington and with issues facing California local governments. Staff is requesting that the Council approve the agreement with Van Scoyoc Associates this evening so that -the firm can continue the transition and background work that began in September. Currently, there is a study session scheduled with the Council for October 19. At the October 19 meeting, the Council will have an opportunity to meet the VSA team. The study session will also allow for Council input and discussion on the City's Federal legislative activities, priorities (both overall and for the current year), and the Council's role in these activities. That interactive session will provide the foundation for the City's working relationship with VSA. RESOURCE IMPACT CMR:399:09 Page 2 of3 Funding for this agreement is available in the City Manager's Office budget. POLICY IMPLICATIONS The recommendations in this report are consistent with City policies and previous Council direction. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Agreement with Van Scoyoc Associates for Federal Legislative Services Attachment B: Scope of services from Request for Proposals on Federal Legislative Services Attachment C: List of firms responding to RFP Attachment D: Proposal from Van Scoyoc Associates in response to RFP PREPARED BY: CITY MANAGER APPROVAL: CMR:399:09 }~ . KELLY MORARIU Assistant to the City Manager Page 3 of3 09/18,2009 08:58 FAX DEPARTMENT COPY 141 002 Attachment A CITY OF PALO ALTO CONTRACT NO.: S10131199 \ AGREEMENT BETWEEN THE CITY OF PALO ALTO AND VAN SCOYOC ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FEDERAL LEGISLATIVE AND REGULATORY REPRESENTATION SERVICES This AGREEMENT is entered into on this 1st of September, 2009, by and between the CITY OF PALO ALTO, a Califomia chartered municipal corporation ("CITYII), and VAN SCOYOC ASSOCIATES, INC., located at 101 Constitution Avenue, NW, Suite 600 West, Washington, D.C. 20001 (PH) 202-638-1950 (,'CONSULTANTII). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to have Federal Legislative: Representation ("Project") and desires to engage a consultant to provide Federal Legislative and Regulatory Representation to advance the City's objectives in Washington ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required li<:enses 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, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perfonn 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. SECTION 2. TERM. The term ofthis Agreement shall be three years, from the date of its full execution through JtU1e 30, 2012, unless terminated earlier pursuant to Section 19 of this Agreement. u~/~o/~uuu uo:no ~AA @J003 SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the perfonnance of Services under this Agreement. CONSULTANT shall complete the Services within the terin 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 COMP]~NSATION. The compensation to be paid to CONSULTANT for performance ofthe Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Eighty Five Thousand Dollars ($85,000.00), for services performed through June 30, 2010, (Year 1). Compensation to be paid CONSULTANT for professional services and rdmbursable expenses for Year 2 and Year 3 shall not exceed One Hundred One Thousand Dollars ($101,000.00) per year. The applicable rates and schedule of payment are set out in Exhibit "C", entitled "COMPENSA TrON ," which is attached to and made a part of this Agreement. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services p~~rformed and the applicable charges (including an identification of personnel who performed the se:rvices, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C"). 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. CONSULT ANT shall send all invoices to the City's proj ect 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 LA WS. CONSULTANT shall keep itselfinformed of and , in compliance with all federal, state and 10cal1.aws, 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. 2 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outiook\7CMD13HF\CONTRACT DOCUMENT (3),doc 09/18/2009 08:59 FAX 141004 SECTION 8. ERRORS/OMISSIONS. CONSULT ANT 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 (1 0%) of the CITY's stated construction budget, CONSULT ANT 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 andlor 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 partie!s 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 pe:rformance of any of CONSULTANT's obligations hereunder without the prior written consent ofthe 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 ci1y 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 n~sponsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsuItants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Thane Young, Vice President, as the Project Director, to have supervisory responsibility for the performance, progress, and execution of the Services. Thane Young will be assisted by Steve Palmer, Vice President and Laura Morgan, Manager, Government Relations, as the project Team 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 3 Professional Services Rev. JanullI)' 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Fiies\Content.Outlook\7CMD13HFICONTRACT DOCUMENT (3).doc q~/l~/2U09 U8:59 FAX [@005 acceptable manner, are uncooperative, or present a threat to the adequate or timely completion ofthe Project or a threat to the safety of persons or property. The City's project manager is Kelly Morariu, Office of the City Manager, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: 650-329-2462. 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 ofthis Agreement and for three (3) year8 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. D [Option A applies to the following desiglll professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; rt!gistered 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 negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [gI [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. 4 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outlook\7CMD13HF\CONTRACT DOCUMENT (3).doc Uv/~O/~UVV UO;il~ rftA I4J 006 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemrrify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSUL T ANT'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 Agre(:ment. 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, cov~mant, 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, shaH 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 Agreem(:nt 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 ofthis 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, 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, CONSULTANT will be obligated for the full and total amount of any darllage, 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. 5 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Tcmporary Internet Files\Conlent.OutIook\7CMD13HF\CONTRACT DOCUMENT (3).doc 09/18/2009 09:00 FAX 141 007 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 (l0) 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 cormection 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 (Le., 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 ofhislher discretion 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 thi'S 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 1he 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. 6 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outlook\7CMDl 3 HF\CONTRACT DOCUMENT (3).doc UH/l~/2UUH U9:UU ¥AX 14/008 21.2 . CONSULTANT further covenants that, in the perfonnance 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 detennines that CONSULTANT is a "Consultant" as that tenn 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 perfonnance 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. The City of Palo Alto is a green business and works to purchase and provide products in an environmentally sustainable manner. CONSULTANT will use production methods that reduce waste and environmentally toxic products, as well as have less packaging. CONSULTANT will adhere to the standard that printed materials will be, at a minimum, printed on 30% post consumer recycled paper with vegetable based ink. The designer will check with the project manager to discuss the maximum recycled content paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon footprint for the development, production and delivery of products. CONSULTANT shall adhere to the City's Environmentally Preferred Purchasing policies as may be amended from time to time. SECTION 24. MISCELLANEOUS PROVISIONS. 24.1. This Agreement will be governed by the laws of the State of California. 24.2. 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. 24.3. 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. 7 Professional Services Rev. January 2009 C;\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outlook\7CMDJ3HF\CONTRACT DOCUMENT (3).doc UH/l~/2UUU UU:UU ~AX I4J 009 24.4. 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. 24.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants ofthe parties. 24.6. 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. 24.7. 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. 24.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. Thjg Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that fundls 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 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 24.9. 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. 24.10 . All unchecked boxes do 110t apply to this agreement. IN WIlNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. 8 Professional Services Rev, January 2009 C:\Documents and Settings\brobinson\Local SettingslTemporary Internet FileslContent.Outlookl7CMD 13HFICONTRACT DOCUMENT (3).doc V~/~O/~UV~ U~:UU ~AA CITY OF PALO ALTO DCity Manager (Required for contracts over $85,000) DPurchasing Manager (Required for contracts over $25,000) DContracts Administrator (Required for contracts under $25,0000 APPROVED AS TO FORM: Senior Asst. City Attorney Attaclunents: EXHIBIT "A": SCOPE OF WORK :~ ;JYOC 7CIATES. me N ame:_H~. --=::~~=-..l=---':~II'--'~~~ Title: Presj dent EXHIBIT "B": EXHIBIT "C": SCHEDULE OF PERFORMANCE COMPENSATION EXHIBIT "D": INSURANCE REQUIREMENTS l4I010 9 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Out!ookI7CMDI 3HF\CONTRACT DOCUMENT (3).doc 09118/2009 09:01 FAX EXHlnIT "A" SCOPE Ol~ SERVICES Scope of Services for Federal Legislative Services Analysis & Goal Setting [41011 o Conduct Strategic Assessment of Opportunities -gain a complete understanding of City priorities and services to ensure that the city is taking advantage of every opportunity for federal assistance whether through appropriations or grants. o Assistance to set short and long-term legislative priorities for the City and performance of an in-depth analysis of current and anticipated congressional legislation and federal funding opportunities on annual basis. o Develop an annual Federal Legislative Agenda and Strategic Plan -create an action plan to accomplish the City's goals and objeetives and draft a Federal Legislative Agenda or Strategic Plan. Once approved by the City, this agenda will outline an approach for working with the appropriate House and. Senate Members, congressional committees and the Administration. o Provide a comprehensive picture of what actions are expected in the House, Senate and Administration on a monthly basis. Administrative Services o Agency Coordination -assist City in coordinating with Federal agencies which distribute appropriation or grant funds. o Forms, Fact Sheets, and Letters -work with City staff to draft forms, fact sheets and letters that will be used to seek funding with the congressional delegation and the relevant House and Senate Appropriations Subcommittees. o Prepare the City for Washington, D.C. Visits -arrange meetings with congressional delegation and their staffs and other important federal officials; prepare the City and local officials for those visits; and guide the c:ity through these meetings in order to optimize effectiveness. o Legislative Markups -guide City's projects through the markup of spending and authorizing legislation in the relevant subcommittees and committees. o Legislative Tracking -track City's projeets as legislation progresses, so the city knows when, and how, to advocate for these projects at critical times. o Regular Reporting -provide regular status reports and updates to the City on the status of these projects and provide periodic written, verbal and electronic reports to the City; and attend aU relevant industry meetings in Washington D.C. in order to provide up-to-the- minute intelligence (and advanced infonnation when available) of feqeral activities and initiatives. o Conferencing -guide City projects through the House-Senate spending conferences, where many funding appropriations take place. :La Professional Services Rev, January 2009 C:\Documents and Settings\brobinson\LocaJ SettingslTemporary Internet FilesIContenI.Outlook\7CMD13HPICONTRACT DOCUMENT (3),doc U~/LO/~UU~ U~:U~ ~AA o Agency Implementation -The consultant will also help the City work with federal agencies that will administer any congrt:ssional appropriation projects, in order to establish funding arrangements and implement these projects. tal 012 o Conference Calls -conduct weekly or monthly conference calls with City staff to ensure the Federal Legislative Agenda or Strat<:lgic Plan is being implemented. Outreach & Advocacy o Work with Federal department personal and Subcommittee Staff -work directly with staff in congressional offices and Appropriations Subcommittees to promote the City's projects, gather timely information, and advance efforts. o Stakeholder Support -work with the City and its partners to gather and effectively convey support from stakeholders in local and state government, business and educational communities, and prominent citizens, through letters, phone calls, and visits. o Media and News -provide City with analysis of cun-ent events and its implication to the community. Prepare or review press rele:ases for distribution. 11 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Out[ook\7CMD13HF\CONTRACT DOCUMENT (3).doc 09/18/2009 09:01 FAX EXHIBIT "B" SCHEDULE OF' PERFORMANCE ~013 CONSULTANT shall provide the Services on a schedule in liaison with the Legislative calendar year. CONSULTANT will develop a schedule with CITY Staff to pursue projects and programs identified by CITY as priority and in line with established timelines and deadlines. CONSULTANT shall work with City Staff to d.evelop and implement a schedule which shall maximize CITY's opportunities for securing Fe:deral funding, appropriations and discretionary grants. :L2 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internel Files\Content.Outlook\7CMD13HF\CONTRACT DOCUMENT (3).doc EXlDBIT "C" COMPENSATION 141014 The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, to the reasonable satisfaction of the CITY, and as set forth in the fee schedule below. Compensation for the provision of full and complete Federal Legislative and Regulatory Representation shall be paid on a flat fee monthly retainer bashl of $8,000.00 per month. In addition, CITY will compensate CONSULTANT for incurred Reimbursable Expenses in an amount Not to Exceed $5,000 per Year. Reasonable Expenses include directly related business expenses and travel, including but not limited to, duplicating documents, binding reports, mileage, phone, supplies, FAX, postage, travel, hotel, meals, etc. 13 Professional Services Rev. January 2009 C:\Dacuments and Seltings\brabinsonlLocul Settings\Temparary Internet Files\Content.Ou!look\7CMD 13HF\CONTRACT DOCUMENT (3). doc 141016 ACORD.. CERTIFICATE OF LIABILl1rV INSURANCE ~A'Bs~~l I DAT;~7~;;;;) ----------------------------------------~T~H~IS~C=ER~T~IF~I~CA~T=E~I~S~IS~S~U~E~D~A~S~A~M~A7.T=T=E~R~O~F~I~N=FO~R~M~A~T=IO~N~~--' PRODUCER Independent Insurance Center P.O. Box 2303 Leesbu::g VA 20177 Phone: 703-777-7774 Fax:703-777-7156 INSURED Van Scoyoc AssociatesJ_.Inc. 101 Constitution Ave ~w # 600 Washington DC 20001 COVERA(:ES : ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POl.ICIES BELOW, INSURERS AFFORDING COVERAGE NA1C# INSURER A: Hartford INSURER 13: Chubb Insurance Group INSURERC: INSURERD: INSURER E: THE POLl(' .IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ,~80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYREQI, IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT ~IN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. II,GGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRi TYPE OF INSURANCE POLICY NUMBER '~';!~1MMrDDNY'" P DATE {MMlDDrforl" LIMITS I A IENERAL LIABILITY EACH OCCURRENCE $1,000,000 ~ COj"""" '''''''' ""'''"'' 42SBARS3885 07/01/09 07/01/10 PREMiSes ('E~~~~~~n~ $300,000 : CLAIMS MADE [!] OCCUR MeD EXP (Anv on9 person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 lEN'LAGGREGATE LIMIT APPLIES PER: I POLICY n ~~ !xl LOC PRODUCTS· COMP/OP AGG S 2,000,000 A IUTOMOBILE LIABILITY COMBINED SINGLE LIMIT sl,OOO,OOO -!C ANY AUTO 42UECTA0158 07/01/09 07/01/10 (Ea acoldenl) - -ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) -~ HIRED AUTOS BODILY INJURY S II: NON-OWNED AUTOS (Per accident) .- -PROPERTY DAMAGE $ (Per aeddent) lARAGE LIABILITY AUTO ONLY· EA ACCIDENT $ ~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ A ., ., ,XCeSSJUMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 J OCCUR D CLAIMS MADE 42SBARS3885 07/01/09 07/01/10 AGGREGATE $ 5,000,000 $ ., ., ~ OEDUCTIBLE $ ~ RETENTION $10,000 $ WORt A EMPLI ANYP I ERS COMPENSATION AND X ITO"~Y'tI~:i's I I Vert IYERS' LIABILITY 42WECTJ8208 07/01/09 07/01/10 E.L. EACH ACCIDENT $ 500000 ~OPRIETORIPARTNERlEXECUTIVE OFFle :A/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ 500000 ~~~~I lesortbe under E.L. DISEASE -POLICY LIMIT $ 500000 \L PROVISIONS below OTHe 'I B Erl :ors &: Omissions 68026778 07/01/09 07/01/10 50000 ded 1,000,000 DESCRIPTIC : N OF OPERAllONS I LOCATIONS /VEHICLes / E)(C~USIONS ADDED BY eNDORSEMENT / SPECIAL PROVISIONS The CJ .ty of Palo Alto is additional insured under general libility per form IH 12( :01185 and auto liability per form HA99130187. Coverage is primary. Ten-del y cancel applies for nonpayment of premi·wn. CERTIFIC: ATE HOLDER CANCELLATION City of Palo Alto Office of the City Clerk PO Box 10250 SHOULD ANY OF THe ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDeAVOR TO MAIL ~ DAYS WRlneN NOTICE TO THe CeRTIFICA 1E HOLDER NAMED TO THE LEFT, BUT FAILURe TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Palo Alto CA 94303 ACORD ~~ 5 (2001/08) © ACORD CORPORATION 1988 09/18/2009 09:02 FAX 141017 IMPCIRTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cl~rtificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse sidl~ of this form does not constitute a contract between the issuing insurer(s). authorized representativl;! or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2ii (2001/08) V~/iO/~VV~ V~;V~ ~AA @018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND . RIGHTS OF RECOVERY AGAINST OTHERS "I'his endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or .organization whom you are mquired by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section (( -LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation. the Loss Condition -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. F'orm HA 991301 87 Printed in U.S,A. U9/18/2009 09:01 FAX EXHIBIT D INSURANCE REQUIREMENTS 14 141015 Professional Services Rev. JanulllY 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Filcs\Content.Outlook\7CMDI3HF\CONTRACT DOCUMENT (3).doc VU/~O/~VV~ V~;U~ ~ftA --....... _,. __ ._-_._-- BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. PrOducts.Completed Operations Hazard Included with the "products-completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: 8. An Individual, you and your spouse are Insureds. but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture. you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an Insured. Your members are also insureds. but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, jOint venture or limited liability company, you are an Insured. Your "executive officers" and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Page 10 of 24 [4J 019 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each oftha following is also an insured: a. Employees And Volunteer Workers Your ·volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, Joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of theIr employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily Injury" or "personal and advertising Injury": (8) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while In the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child. parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (e) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1 lea) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not In the business of providing professional health care services. Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Form 55 00 08 04 05 VO/~U/~VV~ v~.u~ rnA (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for ant purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are! a partnership or joint venture), 01' any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" 01' "volunteer worker"), or any organization! while acting as your real estate manager. c. Temporary Custodians Of YOUI' Property Any person or organization having propel' temporary custody of your property if you die, but only: (1) With respect to liability arising out of thel maintenance or use of that property; and (2) Until your legal representative has, been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed SubsIdiary Any subsidiary and subsidiary thereof, of yours which is a legally inoorporated entity of which you own a financial Interest 01: more than 50% of the voting stock on the effective date ofthis Coverage Part. The insurance afforded herein for any subsidiary not shown In the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance 15 also an insured under another policy or would be an insured under such policy but for its terminatron or upon the exhaustion of its limits of Insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock. will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Form 88 00 08 04 05 141020 BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person Is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment. and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a cO-"employee" of the person driving the eql,lipment; or b. "Property damage" to property owned by. rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: 8. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property d!lmage" to property owned by. rented to, in the charge of or occupied by you or the employer of any person who is an Insured under this provision. 6. Additional Insureds When RequIred By Written Contract, Written Agreement Or Permit The person(s} or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed. in a written Page 11 of 24 U~/lO/~VV~ V~;U~ ~AA BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional Insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization Is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization Is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional Insureds under the specific additional Insured coverage grants in Section F. -Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor). but only with respect to "bodily Injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business and only if this Coverage Part provides coverage, for "bodily injury" or "property damage" included within the "products"Completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: Page 12 of 24 This insurance does not apply to: Ca) "Bodily Injury" or "property damage" for which the vendor Is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (e) Any physical or chemical change In the product made Intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; ~021 (e) Any failure to make such inspections, adjustments. tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any oth,er thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sale negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on Its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily Injury", "property damage" or "personal and advertising injury", caused, in whole or in part, by your maIntenance, operation or use of eqUipment leased to you by such person or organization. Form SS 00 OB 04 05 09/18/2009 09:03 FAX (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to thasa additional Insureds, this Insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Form SS 00 08 04 05 @022 BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional Insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising Injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products- completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such addi1/onal insured; and (Ii) This Coverage Part provides coverage for "bodily injury" or "property damage" ihcluded within the "products- completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Page 13 of 24 09/18/2009 08:58 FAX VA c A A E FACSIMILE TRANSMITTAL SHEET TO: KATHY BRADLEY COMPANY: CITY OF PALO ALTO FAX NUMBER: 650-329-2302 PHONE NUMBER: RE: CONTRACT WITH VAN SCOYOC X URGENT 0 FOR REVIEW FROM:THANE YOUNG DATE: 9/18/09 TOTAL NO. OF PAGES INCLUDING COVER:21 SENDER'S REFERENCE NUMBER: YOUR REFERENCE NUMBER: o PLEASE REPLY IF YOU HAVE TROUBLE RECEIVING THIS FAX PLEASE CONTACT LAURA MORGAN AT 202-737-6552 141 001 Attachment B Scope of Services for F~deral Legislative Services . Analysis & Goal Setting o Conduct Strategic Assessment of Opportunities -gain a complete understanding of City priorities and services to ensure that the city is taking advantage of every opportunity for federal assistance whether through appropriations or grants. D Assistance to set short and long-term legislative priorities for the City and performance of . . an in-depth analysis of cun'ent and anticipated congressional legislation and federal funding opportunities on annual basis. D Develop an annual Federal Legislative Agenda and Strategic Plan -create an action plan to accomplish the City's goals and objectives and draft a Federal Legislative Agenda or Strategic Plan. Once approved by the City, this agenda will outline an approach for working with the appropriate House and Senate Members, congressional committees and the Administration. D Provide a comprehensive picture of what actions are expected in the House, Senate and Administration on a monthly basis. Administrative Services D Agency Coordination -assist City in coordinating with Federal agencies which distribute appropriation or grant funds. D Forms, Fact Sheets, and Letters -work with City staff to draft forms, fact sheets and letters that will be used to seek funding with the congressional delegation and the relevant House and Senate Appropriations Subcommittees. D Prepare the City for Washington, D.C. Visits -arrange meetings with congressional delegation and their staffs and other important federal officials; prepare the City and local officials for those visits; and guide the city through these meetings in order to optimize effectiveness. D Legislative Markups -guide City'S projects through the markup of spending and authorizing legislation in the relevant subcommittees and committees. • D Legislative Tracking -track City'S projects as legislation progresses, so the city knows when, and how, to advocat.e for these projects at critical times. D Regular Reporting --provide regular status reports and updates to the City on the status of these projects and provide periodic written, verbal and electronic reports to the City; and attend all relevant industry meetings in Washington D.C. in order to provide up-to-the- minute intelligence (and advanced information when available) offederal activities and initiatives. D Conferencing -guide City projects through the House-Senate spending conferences, where many funding appropriations take place. D Agency Implementation -The consultant will also help the City work with federal agencies that will administer any congressional appropriation projects, in order to establish funding arrangements and implement these projects. D Conference Calls -conduct weekly or monthly conference calls with City staff to ensure the Federal Legislative Agenda or Strategic Plan is being implemented. 050310 11 Outreach & Adyocacy C \Vork with Federal department personal and Subcommittee Staff -'Nork directly with staff in congressional offices and Appropriations Subcommittees to promote the City's projects, gather timely infOlmation, and advance efforts. o Stakeholder Support -work with the City and its partners to gather and effectively convey support from stakeholders in local and state government, business and educational communities, and prominent citizens, through letters, phone calls, and visits. . o Media and News -provide City with analysis of current events and its implication to the community. Prepare or review press releases for distribution. 050310 12 Attachment C Attachment C: List of Firms Responding to Request for Proposals for Federal Legislative Services Duncan, Weinberg, Genzer & Pembroke Brownstein Hyatt Farber.Schreck David Turch & Associates Van Scoyoc Associates Conkling, Fiskum & McCormick Waterman & Associates The Ferguson Group I I I I I I I I I I I I I Attachment D PROPOSAL TO PROVIDE: Federal Legislative and Regulatory Representation for the City of Palo Alto, California Submitted by Thane Young, Vice President VanScoyoc Associates Inc. May 5,2009 Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADC.COM TABLE OF CONTENTS Chapter I-Proposal Summary 3 Chapter 2-Van Scoyoc Associates Profile 5 Chapter 3-Qualifications of Van Scoyoc Associates 7 Chapter 4-Work Plan 13 Chapter 5-Proposed Innovations 16 Chapter 6'-Project Staffing 17 Chapter 7-Proposal Exceptions 20 Chapter 8-Proposal Costs and Rates 21 Chapter 9-Attachments 22 Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 2 Chapter l-Proposal Summary Van Scoyoc Associates (VSA) would welcome the opportunity to help the City of Palo Alto attain its goals of environmental protection, civic engagement for the common good, and economic health. The challenges of the state and national economy are having major impact on every community, including Palo Alto that continues to seek innovative and· cost-effective ways of meeting community needs in the face of a growing budget deficit. VSA is prepared to advance the City's objectives in Washington and introduce new opportunities for federal assistance and partnership. We understand that the City's projected budget shortfall requires the engagement of professionals in Washington who can fully develop opportunities to improve law enforcement and public safety, secure broadband services, improve streets and bicycle boulevards, build better storm drain facilities, and create economic development opportunities on property recently acquired by the City. VSA is uniquely qualified to explore these and other priorities set by the City Council. VSA is a bi-partisan, full service Federal government relations firm that provides comprehensive Legislative and Executive Branch strategic advise, liaison service, and advocacy. Our current clients include a wide range of public and private interests, such as city government, water and flood control districts, public transportation agencies, major research universities, hospitals, economic development authorities, and Fortune 500 companies. VSA is one of the largest government relations firms in Washington, providing the City access to a wide range of professionals who have expertise in every aspect of government service. Although a large firm, VSA provides a personalized team approach that allows us to tailor an agenda and strategy with the City to fit your diverse needs. The VSA team working for Palo Alto has years of combined experience on Capitol Hill, in federal agencies, and in representing California municipal interests. Palo Alto can be assured that VSA has the level of expertise and commitment to service that will enable the City of fully and freely explore every opportunity in Washington. We will fulfill all tasks outlined in the request for proposal and ensure that Palo Alto officials and professional staff are engaged with decision-makers in Washington. We will maintain regular communication with the City and could establish a secure website that would house an inter-active chart of all the City'S projects, providing the City continuous access to information on City priorities. VSA would be honored to represent the City of Palo Alto in Washington, D.C. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 3 VSA CONTACT INFORMATION Below is a list of names and contact infonnation for all Van Scoyoc Associate members of the proposed Palo Alto Federal Representation team. Thane Young (Team Leader) Vice President VanScoyoc Associates, Inc. 101 Constitution Avenue, NW Suite 600 W Washington, D.C. 20001 202-638-1950 tyoung@vsadc.com Steve Palmer Vice President Van Scoyoc Associates, Inc. 101 Constitution Avenue, NW Washington, D.C. 20001 202-638-1950 spalmer@vsadc.com Laura Morgan Government Relations Manager Van Scoyoc Associates, Inc. 101 Constitution Avenue, NW Washington, D.C. 20001 202-638-1950 lmorgan@vsadc.com Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 4 Chapter 2-Van Scoyoc Associates Profile VSA Washington Offices Van Scoyoc Associates, Inc. (VSA) is pleased to provide this response, printed on recycled paper, to the City of Palo Alto's request for proposal to provide Federal Government Affairs Services. VSA proposes to undertake a comprehensive government relations strategy that advances the City's agenda before the Congress and relevant Executive Branch agencies. As detailed in this proposal, VSA brings both the commitment and the experience needed to meet all of the City's Federal legislative obj ectives. VSA is a bi-partisan, full-service Federal government relations firm that provides comprehensive Legislative and Executive Branch strategic advice, liaison service, and advocacy. VSA's particular strength lies in utilizing the authorization and appropriations processes needed to meet the City's wide range of programs and projects. VSA is known for the substantive and procedural knowledge and broad experience of its principals. This knowledge and experience allows VSA to develop and implement creative solutions to seemingly intractable problems. Simply put: we are known for achieving results. VSA's current clients include a wide range of public and private interests, such as city and county governments, water and flood control districts, public transportation agencies, major research universities, defense contractors, hospitals, health care and research consortia, economic development authorities, and Fortune 500 companies. VSA was established in 1990 by H. Stewart Van Scoyoc. The company's organization is anti-bureaucratic and designed for quick action, with Mr. Van Scoyoc serving as President and CEO and with approximately 30 Vice Presidents and 50 support staff. VSA is committed to ethical, professional service. In response to the second paragraph of Section 5.2 of the Request for Proposal, VSA does not have any litigations or lawsuits to list in this proposal. With a total client fees of $28 million in 2008 ($32 million including VSA subsidiaries), Van Socyoc Associates is the largest independent lobbying firm in Washington, D.C. VSA prepares its financial statements in accordance with Generall Accepted Accounting Principles (GAAP) .. The Company's financial statements have been audited since 2002 by the independent CPA firm Aronson & Company and have received a clean opinion each year. As a private company, VSA considers its financial results confidential. VSA will make its audited fmancial results and other internal financial information available for review at a meeting to be scheduled at the convenience of the City. In addition, the City may contact VSA's loan offIcer, John Alexander, at Union Bank, 202-828-6784. United ha~ served as VSA's bank for more than five years. The City may also contact Richard Goldstein at Aronson & Company, 301- 231-6255. We believe we have the focus and drive to best represent the City of Palo Alto. While our company is relatively large, our personalized team approach allows us to tailor a government relations strategy to fit each client's needs and desires. VSA Vice President Thane Young will head up the VSA team for the Palo Alto, and will be the City's primary point of contact with VSA. Service: VSA provides the human touch of a small entrepreneurial firm by assigning specific principals and staff to each client. We encourage innovation and foster a dynamic working relationship with clients and staff. A central component of our approach is regular communication with our clients. Effective and timely communication between clients and the Federal government is a crucial part of our philosophy. We believe that without this communication, particularly in today's competitive environment, it is difficult to achieve success. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 5 Resources: VSA can summon the skill and expertise of our entire staff on behalf of any client. The strength of our client relationships combined with our years of Legislative and Executive Branch experience make us a powerful advocate. VSA staff has worked side by side with leaders in Congress, the White House and Federal agencies. Balance: From its inauguration, VSA has worked to maintain a bipartisan balance. This commitment makes VSA extremely effective today, when politics is more polarized than ever and political power fluctuates between parties. The VSA staff is comprised of a roughly equal number of Democrats and Republicans. VSA has strong ties across party lines and can find creative solutions to problems. Skill: New scrutiny has come to congressionally-directed projects, and building a case before the Federal government now calls for action on a broad scale. VSA positions clients to take advantage of every opportunity in Washington, D.C. and ensure that your concerns and priorities are addressed. Detail: We will begin our relationship with the City by thoroughly identifying your needs and priorities. We will facilitate discussions with the City's leaders to develop short- term and long-term legislative goals. We will evaluate the City's strengths and relationships to identify how best to attain the goals . set. After all parties agree on how best to represent the City, VSA pledges to keep the City abreast of developments, mutually revising plans as needed to reflect changes in Washington, D.C. Integrity: In today's political atmosphere, a company offering Washington, D.C. representation must be above reproach. Van Scoyoc Associates and its affiliated companies will always represent the City in a dignified and ethical manner. We strictly abide by the provisions of the Honest Leadership and Open Government Act of 2007, including prohibitions on gifts, meals and travel for elected officials and staff. Experience: Our backgrounds have prepared us to assist the City in the development of your Federal legislative platform. We have worked in environments focused on coalition building and negotiations with principal decision makers in government. This deliberation process has prepared us to effectively participate in the development and revision of the City's Federallegislative agenda. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSAOc.COMIPage 6 Chapter 3-Qualifications of Van Scoyoc Associates VSA GOVERNMENT CLIENTS VSA currently represents the following cities, counties, and regional public agencies that have similar Federal advocacy needs to the City of Palo Alto. • Alameda-Contra Costa Transit District, CA • Clark County Public Transportation, W A • Dallas Area Rapid Transit, TX • El Dorado County Transportation Commission, CA • Merced County Association of Governments, CA. • San Bernardino Associated Governments, CA • City of Baltimore, MD • City of Billings, MT • City of Cathedral City, CA • City of Dana Point, CA • City of Elk Grove, CA • City of Fayetteville, AR • City of Gadsden, AL • City of Galt, CA /. • City of Glendale, AZ v • City of Imperial Beach, CA • City of Long Beach, CA • City of Mount Vernon, W A • City of Newport Beach, CA • City of Norwalk, CA • City of Orange Beach, AL • City of Pismo Beach, CA • City of Queen Creek, AZ • City of Redlands, CA • City of Rocklin, CA • City of Santa Maria, CA • City of South Salt Lake, UT • City of Stockton, CA • City of Talladega, AL • City of Westminster, CA • Cambria Community Services District, CA • Nipomo Community Services District, CA • Eastern Municipal Water District, CA • Georgetown Divide Public Utility District, CA • Mission Springs Water District, CA • San Joaquin Area Flood Control Agency, CA • South Montebello Irrigation District, CA • Orange County Fire Authority, CA • Jefferson City Commission, AL • . Mobile City Commission, AL • Del Norte County, CA • Galveston County, TX • Lee County, FL • Marin County, FL Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADC.COMIPage 7 • • • • St. Clair County, AL St. Lucie County, FL j Volusia County, FL V Washington County, OR EXPERIENCE VSA has extensive experience representing local government agencies and helping them secure funding for projects. We have experience working with the California Congressional 'delegation and would be able to extend the City's reach to senior policymakers in Congress and the Executive Branch. The process for securing Federal funds has become increasingly competitive and subject to public scrutiny. VSA continues to work with key legislators, committee staff, and Federal agency officials under the highest ethical standards and professional conduct. We will help ensure that the City's funding requests are appropriately positioned in this process, maximizing the opportunity for funding, and garnering the strong support of your Congressional delegation. To be successful in today's environment, the City of Palo Alto will need to take amulti-faceted approach to securing Federal funds through the legislative process as well as through Federal agency discretionary grants. Federal Appropriations VSA prides itself on demonstrated success in securing funds across a wide range of programs of interest to the City of Palo Alto. The examples below illustrate the range ofprojects that we have successfully secured for local government clients. Detailed examples, as well as a broad overview of grants are provided: Project Name Westminster Rose (Community) Center Client City of Westminster, CA Description of Work Total, Performed Project Cost Period Client Contact work was Information completed VSA helped the City apply for and receive Federal funding to construct a community center and theater. $18 million 2001- 2004 Chet Simmons, Economic Development, City of Westminster, (714) 898-3311 ext. 558, csimmons@westminster- ca.gov Did your firm meet the project schedule?: Yes Give a brief statement of the firm's adherence to schedule and budget for the project: VSA worked with the City of Westminster over a period of four years to seek Federal funding through the annual appropriations process to construct a community center and theater. As a result of our efforts, we were able to help the City receive $1.5 million towards the construction of this facility. VSA kept to the schedule provided by the City for this project and made sure the City met all deadlines for Federal funding. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 8 Project Name Operation Peacekeepers Client City of Stockton, CA Description of Work Perfonned VSA helped the City secure funding to hire additional personnel for the Operation Peacekeepers program. Total Project Cost Period Client Contact Infonnation work was completed $500,000 2008- 2009 Gordon Palmer, City Manager, City of Stockton, 209-937-8212, gordon. palmer@ci.stockton.ca.us Did your finn meet the project schedule? (Circle one): Yes Give a brief statement of the finn's adherence to schedule and budget for the project: The City of Stockton struggles with a high rate of violent crime committed by "high" at-risk youth, many of whom are gang affiliated. VSA helped the City apply for and receive $500,000 in Federal funding through the annual approprations process to hire six Youth Gang Outreach Workers. VSA kept to the schedule provided by the City for this proj ect and made sure the City met all deadlines for Federal funding. Project Client Description of Total Period· Client Contact Infonnatibn Name Work Perfonned Project work was Cost completed Washington General $3,374,000 2007-Dennis Mulvihill, Director, County, Representation 2009 Government Affairs, Washington Oregon County, 503-846-8685, dennis _ mulvihill@co.washington.or.us Did your finn meet the project schedule? (Circle one): Yes Give a brief statement of the finn's adherence to schedule and budget for the project: Give a brief statement of the finn's adherence to sched~le and budget for the project: VSA has worked over FY 2008 and FY 2009 to increase Washington County. Oregon's presence within the Orgeon delegation and at various federal agencies. This has resulted in almost $3.1 million in local transportation improvements, as well as $312,000 injustice assistance project eannarks. VSA kept to the schedule provided by the County and made sure the County met all deadlines for Federal funding. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.cOMIPage 9 o Water & Sewer: Multiple drinking water and wastewater assistance projects totaling more than $25 million for various local govenunents. o Community Center: $1.5 million for a community center in Westminster, California; $335,000 for a desert community visitor's center. o Water Reuse: Over $10 million in Anny Corps of Engineers and Bure.au of Reclamation funding for water reuse and reclamation projects. o Transit: $3 million for transit bus acquisitions for AC Transit in Oakland, California; $2 million for an inter-modal facility. o Transportation: $2.4 million for an interchange in northern California; $4 million for freeway interchanges in .stockton, California. o Law Enforcement: $1.5 million for satellite mobile data tentlinals for State Police; $300,000 for a local Juvenile Justice program; over $600,000 for law enforcement technology; $375,000 for Asian criminal enterprise initiative. o Neighborhood and Economic Development Initiatives: $1 million for the East Baltimore Development Corporation for redevelopment activities; $1.5 million for historic theater renovation. o Parking Structure: $100,000 for a downtown parking structure. o Flood Control: $26 million for a flood control project over several years for Stockton, California; over $200 million for other California flood control proj ects. o Drug Eradication: $2.2 million for drug eradication pro~ams for the Baltimore, Maryland. o After-school and other youth programs: Nearly $2 million for after-school tutoring· and mentoring programs in Stockton and Orange County; $322,000 for a teen center; $100,000 for a children's museum. o Public Safety: $500,000 for juvenile fire prevention program. Discretionary Grants Over the last few years, there has been a strong movement by Congress to reduce the number and dollar amount of Federal earmarks. In Fiscal Year (FY) 2007, the appropriations bills did not contain any earmarks, requiring extensive work with Federal agencies to secure discretionary funds. The process returned to a more traditional path in FY08 and FY09 but with a reduction in earmarks. During this period we were able to help our clients maintain traditional levels of funding because of the credibility of their requests, effective management of the new procedures, and emphasis of the public purposes served by these projeds. As the appropriations process continues to evolve, it will become increasingly important to work with the various Federal agencies to secure discretionary grant funding in order for the City of Palo Alto to maximize funding opportunities in Washington, D.C. VSA has extensive experience working with Executive Branch departments and agencies. We can help the City navigate through the policy, budgetary and legislative processes to secure grants. We will reach out to your Congressional delegation to engage them at the appropriate time in support of your grant requests. Economic Stimulus Grants The American Recovery and Reinvestment Act of 2009 (ARRA), which is the largest one-time domestic spending program in U.S. history, contains over $500 billion in new Federal investments. ARRA provides significant funding for programs and projects which include: transportation and water infrastructure, energy efficiency, community development, housing assistance, health care, and education. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 10 ARRA funding for local governments will be allocated over the next two years. Federal agencies are currently developing guidelines and grant solicitations for these programs. It will be important for the City to stay on top of funding opportunities provided in the stimulus bill as Federal agencies will be looking to rapidly disperse these funds. VSA's continual contact and close working relationships with Federal agencies allows us to glean key intelligence in advance of public announcements. This knowledge will allow us to provide the City with timely information on economic stimulus funding opportunities. VSA will also work with Palo Alto to ensure potential stimuJus projects meet ARRA criteria so the City's initiatives are framed in the best possible manner for successes. We will provide the City with all services needed to ensure that it takes full advantage of the Federal economic stimulus package. KEY ISSUES Water Resources VSA has long been engaged on water resources issues including water quality monitoring, flood control, storm water management, and improvement of wastewater treatment systems. VSA has extensive experience working closely with the Army Corps of Engineers and the Bureau of Reclamation, and the Environmental Protection Agency. As a results-oriented firm, VSA prides itself on demonstrated success in delivering water projects appropriations for our clients. Working on their behalf, VSA has been successful in securing over $300 million for a variety of water resource projects. We helped organize a coalition of cities working with the National Association of Counties, National League of Cities, and the u.s. Conference of Mayors to modify pending storm water mandates for municipalities. The success of this coalition effort resulted in Clean Water Act amendments and subsequent Environmental Protection Agency regulations that established less costly requirements for municipalities whose separate storm sewer systems were slated to be treated as industrial dischargers. Transportation VSA understands that transportation policy must be set with an eye toward economic development and housing, so that policies in each of these areas are mutually reinforcing rather than working at cross-purposes. VSA will help the City demonstrate to Congressional appropriators how Federal funding forthe City's transportation needs will also advance the City's efforts to further economic growth, improve quality of life, and meet the needs of a diverse population. This year will bring significant progress toward authorizing the next surface transportation bill. Issues of funding; climate change, energy costs, goods movement, and metropolitan mobility will have direct impacts on the City of Palo Alto. Your delegation must fully understand the impact of those policies on the City as they engage in the policy debate as well as advocate for specific projects in the City. Housing & Economic Development To reach its full economic potential, the City will need a robust partnership with the Federal agencies responsible for programs that promote local economic development, including the Departments of Commerce, Transportation, and Housing and Urban Development (HUD), among others. VSA principals have extensive experience developing, implementing, and overseeing Federal economic development programs that can be of greatest use to the City'S development efforts. While working for Congress, VSA principals helped write legislation to create HUD's "special purpose grants," the forerunner oftoday's Economic Development Initiative grants, which provide a vehicle for Congressional earmarking of funds for many community development activities. VSA's experience translates directly into continued success in achieving our clients' legislative goals in the area of economic development. One example can be seen in our work for the City of Baltimore. In 2001, the Department of Housing and Urban Development denied Baltimore the authority to use unspent HOPE VI funds for a desperately needed revitalization effort that included activities that were ineligible under HOPE VI rules. VSA helped the City secure bill language that allowed $20 million to be reprogrammed from HOPE VI to the related development project elsewhere in the City. VSA also worked with the City of Fayetteville to secure funding for the Fayetteville Expressway Economic Development Corridor and the University of Arkansas' Technology Corridor Enhancement project. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 11 Public Safety and Emergency Response VSA has helped its municipal clients obtain public safety funding through the Department of Justice and other Federal agencies for a police and fire training facility in Santa Ana; new law enforcement technologies for Baltimore; a juvenile justice program for Detroit; and a series of community-based initiatives, including methamphetamine control and cleanup programs for the State of Oklahoma. VSA has worked towards getting funds for Baltimore's Employment Connections for Ex-Offenders initiative. We have worked with the Department of Homeland Security to expedite funding for urban area security, interoperable communication, and to combat proposals that would impose cost-sharing requirements on grant recipients. We have taken the lead to authorize the Urban Search and Rescue program, coordinating the efforts of 28 Task Forces across the country, to address compensation and management issues as well as secure the highest levels of funding in the program's history. Environmental Quality Local governments can expect significant legislative action this year on environmental quality issues. Climate change and reducing greenhouse gas emissions will be addressed in independent legislation as well as being a significant component ofthe transportation authorization bill. Additionally, the Clean Water Restoration Act, which proposes to redefme waters of the U.S. subject to Federal regulation, is expected to be considered this year. VSA principals have extensive experience working on environmental quality issues, including the development of some of the nation's largest multi-species habitat conservation plans, wetland restoration and permitting, aquatic ecosystem restoration, and specific preservation of local land use authority in Clean Air Act management plans. We are well-prepared to help ensure that Federal mandates are cost-effective and that permitting processes recognize environmental aspects unique to the City of Palo Alto. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 12 Chapter 4-Work Plan SCOPE OF SERVICE Washington, D.C. has seen significant changes in advocacy in recent years. Securing Federal funding now requires an understanding of the new environment and an ability to work with both the Congress and Federal agencies. Your Federal advocates need to understand every aspect of working with your Congressional delegation, the leadership of the Appropriations Committees, and Federal agency staff. They need to have the ability to access a Senator's office, understand program requirements, prepare detailed legislative submissions, and understand how policy proposals will affect the City. For these reasons, securing the Federal resources needed to advance the City's priorities will require vigilance, expertise, and a coordinated and sustained effort. VSA has the expertise needed to succeed in this new environment. The City of Palo Alto's VSA team is well positioned to help City officials define Federal goals and objectives, develop strategies to achieve those objectives, and undertake the work necessary to be successful. Outlined below is the approach that VSA will take in assisting the City of Palo Alto to secure Federal project funding and policy initiatives. Strategic Intelligence: We will be the City of Palo Alto'-s "eyes and ears" in Washington, D.C., providing timely information on all legislative and budgetary issl.!es of concern. We would provide up-to-:the-minute information and analysis to City officials on a wide array of issues. We recognize and define short and long-term funding trends well before they become apparent and identify the intersection of the City's priorities and Federal opportunities. We will work with the California Congressional Delegation and their staff, Appropriations Committee staff, key authorizing committees, and officials at the Federal departments and agencies to emphasize your budget and policy priorities, and in that context, help shape your legislative strategy. Identifying Strategic Partnerships: VSA will work with the City to build and communicate local grass roots support for each project to demonstrate local needs and benefits. VSA will work with local partners to communicate their support of the City's priorities to the California Congressional Delegation. VSA recommends that local partners visit with Members of Congress in their Washington, D.C. and district offices to advocate for the City's legislative priorities. VSA will also work to mobilize the support of national coalitions. VSA currently coordinates with the U.S. Conference of Mayors and the National League of Cities on a number of issues and is prepared to advocate the City's interests, ensuring the City of Palo Alto's interests are included in the broader efforts of these organizations. Liaison with Congressional Offices: VSA will establish day-to-day contact with the Senators Dianne Feinstein and Barbara Boxer, as well as Representative Anna Eshoo. We will prQvide liaison services as needed to the Appropriations Committee and other committees to implement the City'S legislative strategy. We will also reach out to other congressional offices in the state of California on issues of regional significance such as transportation, water resources, and economic development. Liaison with the Executive Branch: VSA's principals have extensive experience working with Executive Branch departments and agencies, having either worked at them in senior staff positions or know how to help clients resolve issues within those agencies. We know how to help the City of Palo Alto navigate the policy, budgetary, and legislative processes to secure grants and address changes in regulations. We have worked issues from the lower levels of an agency through the Office of Management and Budget and the White House. Our team is prepared to help the City successfully meet any issue before the Executive Branch. Technical Assistance: VSA will aid in the technical aspects of the legislative and regulatory process. We will assist the City in drafting legislation as needed and analyzing relevant Federal proposals, writing articles for publication, and preparing briefings and updates for dissemination to City officials. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 13 Creating New Funding Sources: VSA would examine the authorizing process to create and expand funding opportunities for the City of Palo Alto. We have extensive experience working with major laws impacting local governmental agencies. Similarly, VSA monitors funding opportunities across the Federal government and will notify City officials when appropriate. We would work with City officials to build upon existing relations within the Federal agencies, and to provide input on upcoming grant opportunities and new policy initiatives. New Opportunities and Crisis Management: VSA would monitor the daily events in Washington, D.C. that may affect the City'S legislative efforts. VSA prides itself on an ability to identify opportunities and changing circumstances in advance to position our clients for success. In Washington, D.C., time is of the essence. It is important to be able to identify a potential or genuine problem and provide a solution quickly. In short, we help you develop a "SWAT team" capability in your arsenal to respond to emerging challenges and opportunities. SCHEDULE To illustrate a portion of the work we expect to do for the City, the following is a brief outline of the schedule for pursuing projects and programs identified as priorities for the remainder of this calendar year. Since this contract would c.ommence in the middle of the legislative year, the following timeline has been modified and does not include the submittal of appropriations requests since deadlines to submit these requests to your Congressional Delegation will have passed. We understand that you have been engaged in Washington, D.C. and will work with you to ensure a seemless transition and build upon the legislative agenda you have already established. Initial Meeting/Assessment (June) Upon selection as the City's representative, VSA would immediately undertake a comprehensive assessment ofthe City of Palo Alto's agenda to build upon its past Federal relations efforts and, where appropriate, modify tactics that might not be resulting in maximum outputs. This process would begin with our team traveling to the City to meet with appropriate City staff and elected officials. VSA would also reach out to our extensive contacts in Congress and the Adlninistration to initially gauge the following key areas: o Strengths and weaknesses of the City of Palo Alto's advocacy program; o Evaluation of policy positions in the context of Congressional and Administration priorities; o Recognition of the City's needs; and o Positioning and perceptions of the City's Federal agenda. Developing a Legislative Strategy (June/July) We view developing a well-thought-out legislative strategy as the key to capturing Federal funding. This strategy development phase requires an intimate knowledge of the appropriations process and the availability of discretionary grants. This continuous monitoring has given VSA an understanding of the best targets of opportunity for securing Federal funds. Van Scoyoc Associates will provide up-front counseling to the City of Palo Alto to maximize your chances of success. We will work with the City and its department heads to match City priorities with Federal funding opportunities. This strategic advice and planning process is an intensive, ongoing effort, and will require frequent communication. An important part ofthe legislative strategy phase is identifying members of Congress who will champion your projects .. We will work with you to develop and cultivate relationships with Senators Feinstein and Boxer, Representative Eshoo, and key Congressional committees. One of the greatest values VSA will bring to the City of Palo Alto is the extensive range of contacts we have with congressional leaders. We will extend your reach to these and other policymakers, helping gain support for the City's legislative initiatives. Responding to Congress and Legislative Advocacy (June-December) VSA will work with the delegation to provide detailed information needed to support the City's appropriations requests. This will require close coordination between VSA and City officials to ensure timely response to questions from Congressional offices. We keep close track of appropriations bills' schedules, which is a critical component of the process. Success often hinges on ensuring that staff-to-staff and member-to-member contacts are made at the appropriate time. In fact, many projects are unsuccessful because contacts are made with the Appropriations Committee either too early or too late. In addition to Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 14 ensuring that Hill contacts are made in a timely manner, we work with you to create an advocacy plan that involves prominent City leaders on high-profile projects. Utilizing these influential contacts is important to keeping Members of Congress focused on your priorities. Advocacy efforts do not cease when appropriations bills are signed into law. As part of our all encompassing approach, we help you work with Federal agencies until funding is disbursed. Part of this process involves making high-level contacts with sponsoring agencies and helping you to work with program managers to foster friendly and productive relationships. Authorization Bills (Year-round) VSA will work throughout the year to advance the City's agenda on authorization bills under consideration. There often are opportunities to address policy objectives in authorization bills, ~s well as to secure additional funding, such as the reauthorization of the highway/transit bill. The House Transportation and Infrastructure Committee has asked Members to submit their transportation projects for the upcoming transportation reauthorization bill by early May. We ensure that request forms and support documentation are properly prepared and submitted on time. Monitor Agency lnitiatives(Y ear-round) VSA will also monitor Federal agency grant opportunities. Congress is leaving a significant percentage of discretionary funds to be awarded by these Federal officials, and VSA will help City officials understand program and grant application requirements and opportunities. Planning (Year-round) In October-November, members of the City's VSA team will travel tothe City and meet with the leadership team and department heads regarding prospective projects for the coming fiscal year. During this time, we also will assess accomplishments and unmet objectives of the past year and modify our strategy for the coming year. COMMUNICATION Communication is critical to the success of any relationship. Through the course of our work experience, we have found that it is not uncommon to spend as much as half of our time communicating with the client, and the other half devoted to communicating your agenda to Federal officials. VSA prides itself on ensuring that the client has the most up-to-date information available. From the outset, we would workc1osely with City officials to establish open lines of communication. VSA is committed to preparing and submitting regular reports on activities and meetings, as well as time-sensitive reports on Federal activities that affect each part of this process. This will include regular summaries of Congressional hearings, committee meetings, floor debates, regulatory actions, budgetary proposals, and third party analysis of issues of concern. Further, we are prepared to coordinate calls and meetings with local officials to ensure shared information and that there is a coordinated strategy. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 15 Chapter 5-Proposed Innovations The most successful procedural innovation is the robust engagement of the City in the Federal agenda. We encourage elected officials and professional staffto come to Washington, D.C. to meet with Federal agencies and key decision- makers on Capitol Hill. Officials in Washington, D.C. welcome the expertise and practical experience of those who administer programs and projects funded by the Federal government. This not only ensures that grant dollars are effectively used in the City, but creates new opportunities for a community that regulators and legislators have come to know as a responsible government partner. One technical innovation we could suggest is an effective tool for ensuring continuous communication between City staff and VSA. In addition to regular phone calls, email communications, and reports, we could establish a password- protected website that would house an inter-active chart of all the City'S projects requITing attention in Washington, D.C. The chart would list the responsible parties in Washington, D.C. and Palo Alto, status ofprojects, and specific tasks to advance the project. This would enable professionals and elected officials to access information on the state of the City's objectives in Washington, D.C. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 16 Chapter 6-Project Staffing VSATEAM VSA has extensive experience representing the interests of city governments in Washington, D.C. VSA has assembled a team that is experienced in working with the California Congressional Delegation, particularly Representative Anna Eshoo, and Senators Feinstein and Boxer. We are well-positioned to provide immediate advocacy for the City of Palo Alto's most critical Federal legislative issues. Over the long term, VSA will help the City define specific goals and objectives, develop strategies to achieve those objectives and undertake all the work necessary to secure funding and authorization for the City's projects and programs. The City of Palo Alto will have full access to all the professionals at VSA, whose services will be called upon based on the City's needs. In the interest of accountability and efficient communication, one principal will be assigned as your primary point of contact and will manage all services provided to the City. VSA Vice President Thane Young will be the City of Palo Alto's principal point of contact. He will be assisted by Vice President Steve Palmer and Government Mfairs Manager Laura Morgan. Thane A. Young Thane A. Young, a Vice President at Van Scoyoc Associates, has a broader perspective on government relations than most lobbyists. His work has encompassed trade associations, state and local agencies, private companies, and all parts of the Federal government. "Washington, D.C. is important, but I like to look at the whole picture. I spend a lot of one-on-one time with my clients, working through all the interlocking issues and developing comprehensive solutions to a project or problem," Mr. Young said. Mr. Young has been lobbying for over two decades, and he began his career in Washington, D.C. as a Legislative Aide to Senator Pete Domenici, R-NM. He also served as the Director of Government Affairs for the National Association of Realtors, in addition to representing clients on the state and Federal level for six years in California. Stockton, CA, has been a client of Mr. Young's since the mid-1990s. A Federal plan to designate much of the metropolitan area in a flood plain threatened the economic future ofthe City. Mr. Young played a primary role in the City taking responsibility for its own flood protection, with the Federal government refunding most of the cost. Since then, Mr. Young has worked with Stockton to receive over $40 million in Federal support. With his Western background, Mr. Young has long been involved in crucial negotiations over water supply and quality that now have been replicated across the entire country. "Every jurisdiction in the country needs water infrastructure, improved flood control, wiser use of diminishing water supplies, or new strategies for improving water quality," Mr. Young said. In Orange County, CA, Mr. Young helped develop plans and obtain funding for more than 50,000 acres of endangered habitat that made sense for local economic interests, environmentalists, and multiple endangered species. Mr. Young is currently working to provide full Congressional authorization for the country's twenty-eight Urban Search and Rescue teams. These teams were created in the early 1990's to respond to collapsed structures, but as time has gone on, their role has expanded to included responding to natural disasters and terrorist attacks. Federal legislation is needed to make this program and its funding continuous. Mr. Young has experience working with the U.S. Army Corps of Engineers, the Federal Emergency Management Agency, the Environmental Protection Agency, the Department of the Interior, and many other Federal agencies. He has coordinated strategy with national organizations such as the U.S. Conference of Mayors, the National League of Cities, the National Association of Counties, the National Association of Homebuilders, and the National Association of Flood and Stormwater Management Agencies. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 17 Mr. Young holds a Bachelor of Arts degree in Political Science from Brigham Young Uitiversity, and did graduate work in Urban and Environmental Planning at California Polytechnic State University, San Luis Obispo. Steven O. Palmer Steve Palmer serves as Vice President at Van Scoyoc Associates Inc. (VSA). Mr. Palmer came to VSA in 1998 after having served nearly 20 years on Capitol Hill and as Assistant Secretary, U.S. Department of Transportation (DOT). At VSA, Mr. Palmer has developed a practice that focuses on transportation, aviation, homeland security, and economic development. He represents public sector and corporate clients on policy initiatives, appropriations, and administrative actions before the Congress and Executive Branch agencies. Mr. Palmer was nominated in 1993 by President Bill Clinton and confirmed by the Senate to serve as DOT's Assistant Secretary for Governmental Affairs. For more than five years he served as the key legislative strategist for the entire Department of Transportation. Working on a bipartisan basis with the Congress, Mr. Palmer helped secure passage of critical legislation such as the Transportation Equity Act for the 21st Century (TEA-21), Federal Aviation Administration reform bills, and the annual Transportation appropriations bill. Mr. Palmer left DOT in 1998 as the longest serving Assistant Secretary for Governmental Affairs in history. In addition to his legislative accomplishments, he expanded outreach to state and local officials and organized constituency and grassroots support. Mr. Palmer also coordinated grant activities for airports, highways, mass transit, and other development and safety programs. Before his appointment to DOT, Mr. Palmer served 10 years in senior positions on the Senate Committee on Commerce, Science, and Transportation. From 1983 to 1990, Mr. Palmer was the senior professional staff member on the Aviation Subcommittee; in 1990, he assumed the senior staff position on the Science, T~chnology, and Space Subcommittee. Mr. Palmer began his Congressional career with the Senate Budget Committee, after having completed a two-year appointment as a Presidential Management Intern. Mr. Palmer received his Bachelor of Arts in Political Science from Kalamazoo College in Kalamazoo, Mich., and his Masters of Public Affairs from the Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin. Laura E.J. Morgan Laura E.J. Morgan, a Manager of Government Relations at Van Scoyoc Associates, fmds her work now similar to what she did as a staff member in the U.S. Senate, but with one significant difference. "Here, I can see when my work has an impact --helping a municipality improve its water system or build a road," Mrs. Morgan said. "At the Senate, we were trying to answer to over 35 million Californians. It's a much larger scale, and while we knew that what we accomplished was important, I sometimes missed the chance to see our efforts turn into reality." Mrs. Morgan, who joined Van Scoyoc Associates after serving in various staff roles for Sen. Dianne Feinstein, D-CA, uses her insider knowledge of the Senate to help clients negotiate the perplexing ways of Capitol Hill. Mrs. Morgan specializes in transportation, energy, and water issues, often helping local governments fmd solutions to specific problems or to satisfy growing needs. Her experience working with the 2005 Transportation Reauthorization bill and the Energy Policy Act of 2005 has proven to be invaluable. While working at Van Scoyoc Associates, Mrs. Morgan prepares proposals for potential clients, creates and organizes documents to be used in briefing congressional members and staff, and keeps track of legislative developments of interest to the firm and its clients. , Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 18 Mrs. Morgan experienced the full range of assignments while in Senator Feinstein's office, such as writing speeches, creating presentation documents, drafting constituent correspondence letters, covering committee meetings, writing daily reports for the Senator, and working with constituents to resolve a wide range of problems. A graduate of Wake Forest University, in Winston-Salem, NC, Mrs. Morgan holds a Bachelor of Arts degree in Political Science, with a minor in Sociology. She is proficient in Spanish and American Sign Language. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 19 Chapter 7 -Proposal Exceptions Van Scoyoc Associates does not take any exceptions to the requirements and the conditions of the Request for Proposal for Federal Legislative and Regulatory Representation as set forth by the City of Palo Alto. We believe our proposal meets all of the requirements outlined by the City. Van Scoyoc Associates, Inc. 1 101 Constitution Ave., NW 1 Washington, DC 20001 T: 202.638.1950.1 F: 202.638.7714 I,WWW.VSADC.CQM I Page 20 Chapter 8-Proposal Costs and Rates Van Scoyoc Associates structures its relationships with clients in a way that ensures complete and open communication. We charge a flat fee for services on a monthly retainer basis. We do not charge by the hour, so that communications remain open, unhindered, and our clients know exactly what our services are going to cost. We base our retainer rates on the number of principals and staff devoted to a client and the expected scope of work. Approximate hourly rates for the proposed City of Palo AltoNSA Team are as follows: Steve Palmer, Vice President Thane Young, Vice President Laura Morgan, Manager, Government Relations $385 per hour $385 per hour $175 per hour For the City of Palo Alto, VSA proposes full and complete Federal Legislative and Regulatory Representation for a monthly retainer of$8,000 with the additioJl of reasonable costs for directly related business expenses and travel, which VSA would offer to cap at $5,000 over the course of a one year contract. All legislative advocacy services/activities outlined in the proposal would be included in the monthly retainer rate. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 21 ATTACHMENT B Proposer's Information Form PROPOSER (please print): Name: Van Scoyoc Associates, Inc. Address: 101 Constitution Avenue, Nl:1, Suite 600 West ~1ashington, DC 20001 Telephone: (202) 638-1950 Fax: (202) 638-7714 Contact person, title, telephone and fax number: 'Dlane Young, VE, at the numbers listed above Taxpayer Identification No. ,...;5:;,:2=---=1::.;7-=1:..::0..:::,9:2::..3 _______________ _ (or Social Security Number if Sole Proprietorship) Proposer, if selected, intends to carryon the business as (check one) o Individiual o Joint Venture o Partnership ~ Corporation When incorporated? 1/2/1991 In what state? District of Columbia When authorized to do business in California?: __ _ Other (explain): We do not do business in California. We represent california clients before t..he Federal govenunent. ADDENDA To assure that all Proposers have received each addendum, check the appropriate box(es) below. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal: Addendum number(s) received: 01; 02; 03; 04; 05; 06; Or, ~ __ . _ No Adden~~J/A~d'wrJ~ceived (check and initial). . PROPOSER'S SIGNATURE #. ,()t::[f 1/ L No proposal shall be accepted wliich has not been signe ~n the appropriate space pelow: 050310 13 By signing below, the submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No request for modification of the proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition. 1. If Proposer is INDIVIDUAL, sign here Date: _____ _ Proposer's Signature Proposer's typed name and title 2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Date: _____ _ Member of the Partnership or Joint Venture signature Date:. _____ _ Member of the Partnership or Joint Venture signature 3. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: ____ ~pr~e=s=i=d=e~n~t _________ and ________________ _ Title Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. ~~~ __ Date: ~~+-+-h+--+/o,- 8y: ________________________ Date: ______ _ Title: _______________________ _ 050310 14 Attachment C Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight. or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 4. If Proposer is INDIVIDUAL, sign here: ___ --:-~-----------_ Oate: _____ _ Proposer's Signature Proposer's typed name and title 5. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: __________________ Oate: _____ _ Partnership or Joint Venture Name (type or print) ___________________ Oate: _____ _ Member of the Partnership or Joint Venture signature Oate: . ----------------------------Member of the Partnership or Joint Venture signature 6. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: President and Title Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. Van Scoyoc Associates, Inc. Corporation Name (type or print) 050310 15 --~~~+-=---~-+----------------Date: By:, ______________ ----------------Date: _____________ _ Title: ___________________ _ 050310 16 Attachment C-1 Schedule of Rates Name of Person, (Position, Title) Thane Young(Vice-President) Steve Palmer (Vice-President) Laura Morgan(Government Relations Manager) Hourly Rate of Person $385 $385 $175 ACORDN CERTIFICATE OF LIABILITY INSuRANCE CSR KE I DATE (MMlDDNYYY) VANSC-1 07/01/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF. INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insurance Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Leesburg VA 20177 phone: 703-777-7774 Fax:703-777-7156 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A: Hartford INSURER B: Chubb Insurance Group Van Scoyoc Associates, Inc. INSURERC: 101 9onstitution Ave NW # 600 INSURER 0: Wash1ngton DC 20001 INSURERE: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~~~ ~~[ TYPE OF INSURANCE POLICY NUMBER PD~W1MMFo"D',yyI" I P~.kt1:J~~Il~Nlle LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 t--A ~ COMMERCIAL GENERAL LIABILITY 42SBARS3885 07/01/08 07/01/09 PREMIS~s (E~~~~;'~nce) 5300,000 t--:=J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000 PERSONAL & ADV INJURY $1,000,000 f--GENERAL AGGREGATE $2,000,000 f--GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG 52,000,000 '-l POLICY n ~~8T !xl LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -$ 1000000 A ~ ANY AUTO 42UECTA0158 07/01/08 07/01/09 (Ea accident) ALL OWNED AUTOS BODilY INJURY f--$ SCHEDULED AUTOS (Per person) f--~ HIRED AUTOS BODILY INJURY (Per accidenl) $ ~ NON-OWNED AUTOS c.-PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ==i ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A I:!J OCCUR o CLAIMS MADE 42SBARS3885 07/01/08 07/01/09 AGGREGATE $5,000,000 $ g DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X IT~~Y~~'~i+'s I IU~'t A EMPLOYERS' LIABILITY 42WECTJ8208 07/01/08 07/01/09 E.L. EACH ACCIDENT S 500000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L, DISEASE -EA EMPLOYEE $ 500000 ~~~~,~tS~~~Jj~r5~s below E.L. DISEASE -POLICY LIMIT $ 500000 OTHER B Errors &: omissions 68026778 07/01/08 07/01/09 50000 ded 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS· WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ® ACORD CORPORATION 1988 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: OCTOBER 5, 2009 CMR: 395:09 REPORT TYPE: CONSENT CALENDAR SUBJECT: 2nd Reading Adoption of an Uncodified Ordinance Extending the Life of Valid Permits Which Are Currently Active or Are Approved by June 30, 2010, Pursuant to Title 18 (Zoning) of the Palo Alto Municipal Code RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance upon second reading, reflecting the revisions made by the Council on September 21, 2009. The revisions are redlined in the ordinance. The ordinance includes the Planning and Transportation Commission (PTC) recommendation revised to include staffs recomnlendation of an automatic one-year extension for Site and Design and Planned Community projects with subsequent one-year extensions for those project types requiring PTC review and Council approval. The changes enumerated below are in order of appearance in the ordinance, and include: • Deletion of Item (a)(3) which states: "Site and Design Review approvals and Planned Conlffiunity zoning approvals may only be extended with City Council approval pursuant to item ( c) below; • Amendment of Item (b )(3) to add "after Automatic Extension( s)" after the word "extended" and before "with"; and • Amendment of (c) to replace "a maximum of two (2) years" with "one (1) additional year." PREPARED BY: ~-~ (1 ~----------------- Manager of Current Planning DEPARTMENT HEAD REVIEW: % \)j~ CURTIS W LIAMS vironment CITY MANAGER APPROVAL: CMR: 395:09 Page 1 of2 ATTACHMENTS Attachment A: CMR: 395:09 Proposed Ordinance Page 2 of2 NOT YET APPROVED Ordinance No. ---- Uncodified Ordinance of the Council of the City of Palo Alto Extending the Life of Specific Permits Which Are Currently Active Pursuant to Title 18 (Zoning) of the Palo Alto Municipal Code The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Recitals. A. Title 18 (Zoning) of the Palo Alto Municipal Code (P AMC) establishes permit types, specific plan districts and general procedures including approval process, life of pemlit and extensions, and B. PAMC Title 18 provides that permits shall become null and void if not exercised within one (1) year from the date of approval by the final review authority, with the exception of Site and Design Review Permits which shall become null and void if not exercised within two (2) years of such approval; and C. P AMC Title 18 allows the Director of Planning and Community Environment to approve extensions of time up to one (1) year to exercise certain permits if requests for an extension of time are received and approved prior to the expiration of the original permit; and D. The City of Palo Alto has approved numerous permits of varying scale pursuant to Title 18 of the Municipal Code. Such permits have been reviewed and approved by the Director of Planning and Community Environment or City Council. Current timelines established by Title 18 will result in the expiration of such permits within the near future; and E. The current economic climate caused many construction projects to be deferred until adequate financing can be secured by applicants and property owners. The current timeline established for permits issued by the City of Palo Alto is an undue hardship on these applicants and requires interim local government assistance; and F. On July 22, 2009, the Plalming and Transportation Commission conducted a public hearing to consider this ordinance and on July 29, 2009, the Commission recommended approval to the City Council. SECTION 2. Permit Extensions -Uncodified Ordinance. (a) All permits, approved pursuant to the provisions of the City of Palo Alto Municipal Code, Title 18, that are valid as of July 1, 2009 through June 30, 2010, are granted an additional one (1) year Automatic Extension in which to exercise the permit, subject to the following limitations: 1 090930 syn 0120391 NOT YET APPROVED (1) Automatic Extensions may only be applied after all other existing extensions available in the zoning code have been exhausted and the project would otherwise expire; (2) Project approvals that involve historic structures (including those identified as potentially eligible for California Register designation) may only be extended with approval of the Director pursuant to item (b) below; and (3) Site and Design Revievi approvals and Planned Community zoning approvals may only be extended v/ith City Counoil approval pursuant to item (0) belo\v. (b) In addition to the provisions in (a) above and all other extensions of time that are allowed (Allowed Extensions) pursuant to Title 18 of the Palo Alto Municipal Code, any permit approved by the Director of Planning and Community Environment or City Council that is valid as of the adoption of the this ordinance through June 30, 2010, may be granted up to an additional one (1) year (Additional Extension) by the Director of Planning and Community Environment if approved before the pending expiration date of the permit, subject to the following limitations or allowances: (1) The Director must find that the project would not adversely affect public health or safety and would not substantially contlict with any applicable Zoning Code or Comprehensive Plan changes that have been adopted by the City Council since the original application was deemed complete, and may otherwise adjust project conditions to address nlinor changes. The Director shall deny an extension request if either of these findings are not made. (2) The Director may grant two one (1) year extensions for project approvals that involve historic structures (including those identified as potentially eligible for California Register designation) and did not receive an Automatic Extension; and (3) Site and Design Review approvals and Plaluled Comnlunity zoning approvals may only be extended after Automatic Extension(s) with City Council approval pursuant to item (c) below. (c) Site and Design Review approvals and Planned Community zoning approvals may be extended for a maximum of hvo (2) years one 0) additional year with City Council approval after review and recommendation by the Planning and Transportation Commission. In order to grant such an extension, the City Council must find that the project would not adversely affect public health or safety and would not substantially contlict with any applicable Zoning Code or Comprehensive Plan changes that have been adopted by the City Council since the original application was deemed complete, and may otherwise adjust project conditions to address minor changes. The City Council shall deny an extension request if either of these findings are not made. (d) All Additional Extensions shall be subject to compliance with the City's Green Building Requirements set forth in P AMC Chapter 18.44 as further defined in Green Building requirenlents adopted by Council Resolution. 2 090930 syn 0120391 NOT YET APPROVED ( e) Fees for all extensions shall be collected to recover staff costs of processing such extensions. (f) This ordinance shall be reviewed by the Planning and Transportation Commission and City Council not later than March of 2011 and annually thereafter to determine whether it should renlain in effect, be repealed or further extended. (g Nothing in this ordinance shall affect other performance or time requirements imposed or associated with the subject permit (Conditions of Approval). SECTION 3. Constitutionality; Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. This ordinance shall be effective upon the thirty-first (31st) day after its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: NOT PARTICIPATING: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 090930 syn 0120391 3 APPROVED: Mayor City Manager Director of Planning and Community Environment TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: OCifOBER 5, 2009 CMR: 396:09 REPORT TYPE: CONSENT CALENDAR SUBJECT: 2nd Reading. Adoption of an Ordinance Amending PAMC Chapter 18.28 Related to Development Standards in the Open Space (OS) Zone District. RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance upon second reading, reflecting the revision made by the Council on September 21, 2009. The revision is redlined in the ordinance. The revision is, under Section 18.28.070(a)(1), which states "Second dwelling units shall only be permitted on sites with a minimum site area of 5 acres" to change from the proposed 5 acres back to 10 acres. Council directed that staff return to the Planning and Transportation Commission to get input on a maximum house size and further restrictions on basement. PREPARED BY: CLARE CAMPBELL --= Planner DEPARTMENT HEAD REVIEW: ~W ~ CURTIS W LIAMS . CITY MANAGER APPROVAL: ATTACHMENT Attachment A: Ordinance CMR: 396:09 Director of Planning and Community Environment J/ I ~L /~~ ~ City Manager Page 1 of 1 NOT YET APPROVED Ordinance No. Ordinance of the Council of the City of Palo Alto Amending Chapter 18.28 Special Purpose Districts (PF, OS, AC) of Title 18 of the Palo Alto Municipal Code by Amending Sections 18.28.050 (Site Development Standards), 18.28.060 (Additional PF District Regulations), 18.28.070 (Additional OS District Regulations), 18.28.080 (Additional AC District Regulations), and 18.28.090 (Parking and Loading) The Council of the city of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The City Council finds and declares as follows: (a) The last update of the Open Space regulations took place in July 2007 with the approval of the new PAMC Chapter 18.28 (Special Purpose Districts) that consolidated the Public Facilities (PF), Open Space (OS), and Agricultural Conservation (AC) districts into one chapter, and at which time further direction was given by Council and Commission to make additional revisions; (b) The 1998-2010 Palo Alto Comprehensive Plan includes several programs and policies related to open space protection. The proposed revisions assist the City in accomplishing these programs and policies; (c) The proposed revisions to the Open Space district would enhance the health, safety and welfare of the community. Sections: 18.28.010 18.28.020 18.28.030 18.28.040 18.28.050 18.28.060 18.28.070 18.28.080 18.28.090 18.28.100 090929 syn 0120368 Chapter 18.28 SPECIAL PURPOSE DISTRICTS (PF, OS, AC) Purposes Definitions Applicable Regulations Land Uses Site Development Standards Additional PF District Regulations Additional OS District Regulations Additional AC District Regulations Parking and Loading Grandfathered Uses 1 NOT YET APPROVED 28.010 Purposes (a) Public Facilities District [PF] The PF public facilities district is designed to accommodate governmental, public utility, educational, and community service or recreational facilities. (b) Open Space District [OS] The purpose and intent of this district is to: (l) protect the public health, safety, and welfare; (2) protect and preserve open space land as a limited and valuable resource; (3) permit the reasonable use of open space land, while at the same time preserving and protecting its inherent open space characteristics to assure its continued availability for the following: as agricultural land, scenic land, recreation land, conservation or natural resource land; for the containment of urban sprawl and the structuring of urban development; and for the retention of land in its natural or near-natural state, and to protect life and property in the community from the hazards of fire, flood, and seismic activity; and (4) coordinate with and carry out federal, state, regional, county, and city open space plans. (c) Agricultural Conservation [AC] The AC agricultural conservation district is intended to permit agricultural and compatible uses on property intended for preservation and retention essentially in its natural, farmed, or landscaped state. 18.28.020 Definitions As used in this chapter, unless otherwise apparent from the context, the following definitions shall apply: (a) "Conservation or natural resource land" means land which possesses or encompasses conservation or natural resources. (b) "Conservation or natural resource" includes, but is not necessarily limited to, streams, watersheds, groundwater recharge, soils, wildlife habitat, as defined in this section, special land forms, and natural vegetation. (c) "Open space land" means any parcel or area of land essentially unimproved or in its natural state, and devoted to an open space use as defined in this section, and which is designated in the open space elenlent for an open space use. (d) "Open space district" means any area of land or water designated "OS" and subject to all of the terms and regulations of this chapter. 2 090929 syn 0120368 NOT YET APPROVED (e) "Open space use" means the use of land for: (1) Public recreation; (2) Enjoyment of scenic beauty; (3) Conservation or use of natural resources; (4) Production of food or fiber; (5) Protection of persons and their artifacts (buildings, property, etc.); (6) Containment and structuring of urban development. (f) "Recreation land" means any area of land or water susceptible to recreational uses. (g) "Scenic hind" means any area of land or water that possesses scenic qualities worthy of preservation. (h) The "Stanford Hoover Pavilion" site is defined as that property designated as Assessor's Parcel numbers 142-04-011 and 142-04-012. (i) "Wildlife habitat" means any area of land or water valuable or necessary to the preservation or enhancement of wildlife resources. 18.28.030 Applicable Regulations The specific regulations of this chapter and the additional regulations and procedures established by this Title shall apply to all Special Purpose Districts. 18.28.040 Land Uses Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special Purpose Districts. Table 1: Land Uses Eating and drinking services in conjunction with a CUp(1) use Retail services as an accessory use to the administrative offices of a non-profit organization, provided that such retail services do not exceed CUP(1) 25% of the gross floor area of the combined administrative office services and retail service uses 3 090929 syn 0120368 Current Code Section 18.88 NOT YET APPROVED Agricultural Uses, including animal husbandry, crops, dairying, horticulture, nurseries, livestock farming, tree farming, viticulture, and similar uses not inconsistent with the intent and purpose of this All facilities owned or leased, and operated or used, by the City of Palo Alto, the County of Santa Clara, the State of California, the government of the United States, the Palo Alto Unified School District, or any other 090929 syn 0120368 4 P P CUP CUp(l) CUp(l) P P 18.28.070 P NOT YET APPROVED Residential use, and accessory buildings and uses customarily incidental to permitted dwellings; provided, however, that such permitted dwellings shall be for the exclusive use of the owner or owners, or lessee or lessor of land upon which the permitted agricultural use is conducted, and the residence of other members of the same family and bona fide of the aforementioned Outpatient medical facilities with associated medical research Temporary parking facilities, provided that such facilities shall remain no more than five 090929 syn 0120368 P CUP CUP 5 18.40. P NOT YET APPROVED SECTION 2. Section 18.28.050 (Site Development Standards) of Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby amended to read as follows: 18.28.050 Site Development Standards (a) Development Standards The development standards for the special purpose districts are specified in Table 2, provided that more restrictive regulations may be recommended by the Architectural Review Board, pursuant to Chapter 18.76.020 of the Palo Alto Municipal Code. T bl 2 SOl P n° tOt SOt D I t St d d a e . ipecla urpose IS ric I e eve opmen an · ar s . ,~" j"~:{~~7-t& '.1 . -..<;~ -!~~!" :~~'< . OS i/.,1; ~? ~.. .' J ' ... :~'O!(i:~;." ~"'~"j~ • r ' " ~" • • ,. I -.; •. " " '.~~~1 '-;~\~t " , ..... , ;-"~ 'C_., •••. , . • : ! . • I\:-·:~-OS:~J'\W~~'T ., ... -'PF' :1i~ i,;J,-: At: '~T_ ,§" , \ I')~~'~ . '.~ .r-~.~~t:'~ ' . .' .' . . " ~ . " . ,," ' ',,~ • ,"! -' ;~-~K, ' \'~ ,.,It , S'r':. . ~ ;'::'';Y-•. )..;;~{ '~;'::'''''''''''-'' ;:':, ~::, , 'inasli\liit~~: I I... . '~'(~. -.~' .. -.~'-;:-' ",' . ·-';l .. :-I~~~·,~!." ;·~·:~.0 ~ ... 3 ., ~M;" • I ,';, 'f.>.-:-.; ....... _. ',:':~. ,~~ Minimum Site Specifications Site Area (acres) 10 5 Site Width (ft) 250 Site Depth (ft) 250 Setback lines imposed by a special Minimum Setbacks (ft) setback map pursuant to Chapter 20.08 of this code shall apply Front Setback J2) 30 30 Rear Setback Jl.) 30 30 Interior Side Setback Jl.) 30 15 20.08 Street Side Setback J2) 30 24 Maximum Floor Area Ratio 1: 1 (3) See Table 3 18.28.050(b) Site Coverage and Impervious Coverage Maximum Site Coverage 30%(3) 10% Additional Site Area permitted covered by 10%(1) impervious ground surfaces Maximum Impervious Coverage See Table 18.28.050(b) 3(4) 18.28,070(m) Height Restrictions Maximum Height (ft) 50 25 35 Maximum Height within 150 feet of a 35 18.28.060(a) residential district (ft) Maximum Number of Stories 2 Daylight Plane for site lines abutting a residential district Initial height (ft) 10 Slope 1:2 Residential Density 1 unit/acre (1) For cemetery uses, all markers of graves shall be flush with grade level, and shall be considered impervious area under this requirement. 6 090929 syn 0120368 NOT YET APPROVED (2) The minimum front, side, and rear yards in the PF public facilities district shall be equal to the respective front, side, and rear yards required in the most restrictive abutting district; provided, that no yard adjoining a street shall be less than 20 feet and that no interior yard shall be less than 10 feet. (3) Provided that, for parking facilities the maximum floor area ratio and site coverage shall be equal to the floor area ratio and site coverage established by the most restrictive adjacent district, and provided, further, that the maximum floor area ratio for the Stanford Hoover Pavilion site shall be .25: 1. (4) Including buildings and all impervious ground surfaces, calculated pursuant to the provisions of Section 18.28.070(m). (5) See section 18.28.070(r) for s ecific exce tions to these develo ment standards. (b) Open Space Impervious Coverage and Floor Area (1) Residential Use The impervious coverage and floor area ratios shall be determined based on a sliding scale calculation. Table 3 provides the range of allowable percentages for the calculation. Allowable development for other site sizes between 1 and 10 acres shall be calculated on a prorated basis between the acreages shown in Table 3. t t I - t, '. If2:800/0 of site remains undisturbed and/or is restored with native :::; 1 acre 7.5% 6.0% 7.5% vegetation If2:85% of site remains undisturbed and/or is restored with native 3 acres 5.0% 5.0% 6.0% vegetation If 2:90% of site remains undisturbed and/or is restored with native 5 acres 4.0% 4.0% 5.0% vegetation If2:95% of site remains undisturbed and/or is restored with native > 10 acres 3.5% 3.5% 4.0% vegetation 1 See subsectIons (A) and (B) below. (A) Bonus FAR (i) The bonus FAR incentive is intended to encourage property owners to preserve and enhance the natural environment and agricultural uses in the OS district. For those property owners who agree to maintain or restore the vegetative conditions on their property to a natural state with appropriate native plantings or with certain agricultural crops, the designated floor area bonus for the development of the property shall be permitted. The minimum area that must be maintained in a natural or restored state is described in Section 18.28.050(b). (ii) Areas to be set aside as "undisturbed" or "restored" shall include, but not be limited to: a) vegetation that has not been disturbed by development (construction, omamentallandscaping, farming, orchards, etc. ); b) plantings with vegetation that is now considered native to the area, especially including drought- resistant and fire-resistant plantings; and c) retention or planting of edible crops or 7 090929 syn 0120368 NOT YET APPROVED orchards with negligible grading and involving no removal of native vegetation. For restoration projects, the proposed landscape plans shall be reviewed and approved by the Planning Department. The Director of Planning shall develop and maintain a list of native plantings and acceptable restoration vegetation. (iii) As a requirement of receiving bonus FAR, the property owner shall enter into a covenant that is recorded with the property and would apply to all future property owners assuring that the designated areas will remain in the approved vegetative condition; enforcement provisions acceptable to the City Attorney will be outlined in the covenant. To remove the landscape restrictions related to the bonus FAR, the site development shall be modified to reduce the FAR to meet the standard requirements. These modifications are subject to design review. (iv) For projects approved with bonus FAR, the property owner shall be required to submit a follow-up landscape/arborist report verifying the site is in compliance with the approved plans, five years after the project's final sign-off, as outlined in 18.28.070( d). (B) Calculation of Floor Area Ratio (i) Gross floor area shall be calculated based upon the same criteria as Low Density Residential zone districts, as specified in Definitions Section 18.04.030(65)(C) and (D), except as below. (ii) Basements shall follow the same standards as the R-l Single Family Residential district, except that in addition basement area shall count if any portion is constructed on a slope in excess of ten percent (l 0%). (2) Non-Residential Use Where non-residential uses are proposed on a site, the impervious coverage shall be limited to 3.5% and the floor area ratio shall be limited to 5.0% of the ,site area. However, the City Council may, after recommendation from the Planning and Transportation Commission, allow increased impervious coverage and/or floor area through the Site and Design Review process, where Council finds that the use furthers the open space objectives of this chapter. In no case shall impervious cover or floor area ratio be allowed to exceed 10.0%. SECTION 3. Section 18.28.060 (Additional PF District Regulations) of Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby amended to read as follows: 18.28.060 Additional PF District Design Requirements The following additional regulations shall apply in the PF district: (a) Recycling Storage All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior 8 090929 syn 0120368 NOT YET APPROVED enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 16.48.070. (b) Employee Shower Facilities Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table 3. All government or special district facilities designed for employee occupancy, colleges and universities, private educational facilities, business and trade schools and similar uses (c) Landscaping of Yards 50,000 and up No requirement 1 2 4 (1) All required interior yards (setbacks) abutting or opposite a residential district shall be planted and maintained as a landscaped screen. (2) For sites abutting a residential district, a solid wall or fence between 5 and 8 ft in height shall be shall be constructed and maintained along the common site line. (d) Transfer of Development Rights (1) The city council by resolution may, from time to time, designate one or more city- owned buildings that are Category 1 or Category 2 on the city's historic inventory and/or Category I, II, or IlIon the city's seismic hazards identification list as eligible to participate as "sender sites" in the Transfer of Development Rights program as provided in Chapters 18.18. (2) Before any transferable development rights are offered for sale, the city manager shall establish, in writing, a public process using the city's formal bidding procedures to sell bonus floor area development rights from any sites so designated by the city council. (3) Before formally soliciting the participation of other organizations or agencies in the rehabilitation of a city-owned historic building, the city should have a historic structures report prepared by a qualified expert in accordance with the standards and guidelines of the California State Office of Historic Preservation. (4) Before concluding a sale of transferable development rights for any city building, the city shall comply with Section 18.18.080. 9 090929 syn 0120368 NOT YET APPROVED (5) The city manager shall establish and maintain a special fund into which all proceeds of the sale of transferable rights, and any interest thereon, shall be deposited. Upon receipt and entry into the accounting records for the fund such monies shall be considered committed to the rehabilitation of the city-owned building from which the development rights were sold, or to the rehabilitation of other city-owned buildings in the Historic Category 1 or 2 or Seismic Hazard Categories I, II, or III. * Editor's Note: Subsection (d) derives from former Section 18.32.090, as adopted by § 2 ofOrd. 4862. SECTION 4. Section 18.28.070 (Additional OS District Regulations) of Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby amended to read as follows 18.28.070 Additional OS District Regulations The following additional regulations shall apply in the OS district: (a) Second Dwelling Units Not more than one attached or detached second dwelling units shall be allowed on a lot in the OS district, and shall be subject to the following regulations: (1) Second dwelling units shall only be permitted on sites with a minimum site area of .§-.lQ. acres; (2) Attached second dwelling units shall comply with the OS district height limitation of 25 feet; and (3) Second dwelling units shall follow the standards set forth in the Residential Estate (R-E) District for second dwelling units (18.10.070 (b)), with the exceptions outlined in subsections 1 and 2 above. (b) Site and Design Approval All sites in the OS district shall be subject to the Site Design and Review Combining District (D) as provided in Chapter 18.30(G) of the Zoning Ordinance, subject to the following modifications: (1) Minor Site and Design Review: For minor projects (e.g. fences, landscape changes to an approved project, trash enclosures, accessory buildings 200 square feet or less, etc.), the review process shall follow the Minor Architectural Review (staff level) procedures as outlined in Section 18.77.070. To qualify as a minor project, the project shall have less than 10 cubic yards of excavation and or grading and be Categorically Exempt from the California Environmental Quality Act (CEQA). (2) Major Site and Design Review: For all other projects not reviewed as Minor Site and Design Revi_ew, the project will be forwarded to the Planning and Transportation 10 090929 syn 0120368 NOT YET APPROVED Commission for review and recommendation and then placed on the Council Consent agenda for final action, as prescribed for staff actions outlined in Section 18.76.060 (Standard Staff Review Process). Provided, however, that the following projects may be forwarded directly to the City Council Consent agenda by staff, without review by the Planning and Transportation Commission, where all of the following conditions apply: a. The project is not a second dwelling unit; and b. The project would comprise less than 1,000 square feet of floor area, less than 1,000 square feet of impervious cover, and less than 100 cubic yards of excavation and or grading; and c. The proposed floor area or impervious cover would not exceed 50% of the allowable for the site; and d. The project and any prior projects within the prior five years would not cumulatively exceed these thresholds. (c) Geological Soils Investigation and Report (1 ) All applications for site and design approval shall be accompanied by a combined in- depth geologic and soils investigation and report prepared by a registered geologist certified by the state of California as an engineering geologist, and by a licensed civil engineer qualified in soil mechanics. Such report shall be based on surface, subsurface, and laboratory investigations and examinations and shall fully and clearly present: (A) All pertinent data, interpretations, and evaluations; (B) The significance of the data, interpretations, and evaluations with respect to the actual development or implementation of the intended land uses, and with respect to the effect upon future geological processes both on and off the site; (C) Recommendations for any additional investigations that should be made. All costs and expenses incurred as a result of the requirements of this section, including the costs and expense of an independent review of the material submitted under this chapter by qualified persons retained by the city, shall be borne by the applicant. (2) The requirement of subsection (1) may be waived by the city engineer for accessory facilities and landscaping where such improvements, in his opinion, would pose no potential hazard to life or property on the subject or surrounding properties. (d) Landscaping The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use allowed in this chapter through the site and design approval procedure. Reduction or elimination of fire hazards will be required where heavy concentrations of flammable vegetation occur. Landscaping as may be necessary and required shall be consistent with the purpose of this chapter. 11 090929 syn 0120368 NOT YET APPROVED (1) Landscaping shall be designed and installed consistent with the requirements and guidelines of Section 18.40.130 (Landscaping) of the Zoning Ordinance, and in particular with subsection 18.40. 130(c) regarding landscaping in Natural Areas, as well as with the relevant Comprehensive Plan policies outlined in subsection (0) below. Exceptions to tree removal restrictions may be made for invasive species such as eucalyptus trees. (2) A follow-up arborist and/or landscape report shall be required five years after the final sign-off of the project completion. This report shall evaluate the health of trees and significant landscape that were required for screen planting or and/or were designated as protected plantings on the approved plans for the project. The specifications of the report shall be provided in the conditions of approval of the project. This requirement also applies to sites that receive bonus floor area ratio (F AR) for maintaining specific percentages of the site as undisturbed native or restored Any subsequent owner(s) shall also be obligated to replace any trees that die with trees of the same size and species stated on the approved planning and building pennit plans. (e) Fencing Restriction No barbed wire, or similar fencing having a cutting edge, may be installed except: (1) To protect a vegetative community or wildlife habitat until it is fully established, subject to the imposition of reasonable time limits through site and design review pursuant to Chapter 18.30; and (2) To enclose utility facilities, including, but not limited to, water or sewage pumps, storage tanks, and wells. (f) Trash Enclosures Trash/recycle enclosures shall be pennitted, with staff-level design review, within the front setback, including Special Setbacks, providing the enclosure is not more than six (6) feet tall, is covered, is fitted with self closing gates, and is screened. The access to the enclosure shall not be located on the side facing the street. The design of the enclosure shall be the minimum size needed to accomplish the purpose of enclosing and screening the containers. (g) Tree Removal Removal of live trees shall be pennitted only as provided in Title 8. (h) Access to Remote Areas Roads, tracks, driveways, trails, or runways for automobiles, trucks, buses, or motorcycles or other wheeled vehicles shall not be developed except upon the securing of site and design approval. No such approval shall be granted except upon finding that the purpose for which the roads, tracks, driveways, trails, or runways are proposed is essential for the establishment or maintenance of a use which is expressly pennitted in this chapter and that the design and location of the proposed roads, tracks, driveways, trails, or runways will be compatible with the terrain. The use of all roads, tracks, driveways, trails, or runways 12 090929 syn 0120368 NOT YET APPROVED existing at the time of the adoption of this chapter which are nonconforming or have been established without proper approvals shall be terminated and shall be returned to natural terrain unless given approval in accordance with the regulations set forth in this chapter. (i) Grading No grading for which a grading permit is required shall be authorized except upon the securing of site and design approval. No such approval shall be granted except upon a finding that the purpose for which the grading is proposed is essential for the establishment or maintenance of a use which is expressly permitted in this chapter and that the design, scope, and location of the grading proposed will be compatible with adjacent areas and will result in the least disturbance of the terrain and natural land features. All grading for which no permits or approvals are required shall be subject to the provisions set forth in this chapter. 0) Soil Erosion and Land Management No site and design plan shall be approved unless it includes soil erosion and sediment control measures in accordance with any adopted procedures, technical standards, and specifications of the planning commission. No approval will be granted unless all needed erosion control measures have been completed or substantially provided for in accordance with said standards and specifications. The applicant shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of said standards and specifications. (k) Subdivision All divisions of land into four or more parcels shall be designed on the cluster principle and shall be designed to minimize roads; to minimize cut, fill, and grading operations; to locate deVelopment in less rather than more conspicuous areas; and to achieve the purpose of this chapter. (I) Substandard Lots Any parcel of land not meeting the area or dimension requirements of this chapter is a lawful building site if such parcel was a lawful building site on July 5, 1972. All other requirements of this chapter shall apply to any such parcel. (m) Impervious Coverage The intent of limiting impervious cover is to minimize runoff, enhance infiltration to the soil, and provide a semi-rural appearance compatible with the OS district. Impervious coverage allowances are prescribed in Section 18.28.050(b) and shall be calculated as outlined below to include all building coverage, plus paved surfaces including but not limited to driveways, parking areas, sports or tennis courts, swimming pools, patios or decks, subject to exceptions and provisions as follows: (1) All paved surfaces shall be classified as 100%, 75%, 50%, or 25% impervious, based upon the material that is to be used and the proposed design and installation. Determinations shall be made by the Planning Director based on permeability information 13 090929 syn 0120368 NOT YET APPROVED provided by the applicant, and the Director may consult with the Public Works Department when necessary to determine the extent of the permeability. The applicant may provide information in the soils report to outline the baseline permeability of the specific areas proposed for coverage, and the baseline may be considered in determining the permeability of the material. (2) A primary driveway composed of gravel or decomposed granite shall not be counted as impervious up to a width of 20 feet, where approved for use by the Public Works and Fire Departments. (3) The portions of a primary driveway located in the 200' scenic setback shall be designed to have a natural appearance and shall not be counted as impervious up to a width of20 feet (assuming the primary residence is located beyond the 200' setback). (4) A primary driveway is one that extends from the nearest access road to the garage or carport providing the required parking for the nlain residence. (5) The proposed pervious paving materials for the primary driveway shall only be permitted if acceptable to the Palo Alto Fire Department. (6) The water surface area for in-ground pools and hot tubs shall not be counted as impervious. The Fire Department may require additional specifications for the pool in order to utilize the water more effectively for emergency response. (7) The areas excluded from impervious coverage pursuant to approvals granted prior to July 1, 2007 shall remain excluded from impervious coverage calculations, unless the surfacing material is altered to a less permeable material. (n) Light and Glare Exterior lighting should be low-intensity and shielded from view so it is not directly visible from off-site. The light emitted from skylights shall be minimal during the night hours. Utilizing treatments such as translucent glass, shading systems, and interior light placement can reduce the night glare. Skylights shall not use white glass. (0) Story Poles and Other Visual Review Aids Story poles (with associated taping or flagging) shall be erected for projects involving new residences or other structures, or for substantial additions to new residences, for the purpose of providing a better understanding of the visual impacts of a proposal in the OS district. Story poles shall accurately outline the perimeter and key and highest rooflines of the proposed structure( s) and shall be durable and sturdy enough to be visible from distant views. Story poles shall be constructed to the satisfaction of the director prior to notice of a hearing and shall renlain in place through the public hearing date. Erection of story poles prior to public hearing notice may be required by the director to allow for staff and neighbors to view the project. Other aids, such as taping the perimeter of other development (structures, pools, sport courts, etc.) on the site and identifying trees to be removed, may also be required by the director. Story poles shall be removed upon final action on a project or upon the direction of the director." 14 090929 syn 0120368 NOT YET APPROVED (p) Open Space Review Criteria In addition to the above provisions and development standards in Table 2, the following criteria shall be considered in the Site and Design review of all development of land in the OS district, as outlined in the Conservation Element of the Comprehensive Plan: (1) The development should not be visually intrusive from public roadways and public parklands. As much as possible, development should be sited so it is hidden from VIew. (2) Developnlent should be located away from hilltops and designed to not extend above the nearest ridge line. (3) Site and structure design should take into consideration impacts on privacy and views of neighboring property. (4) Development should be clustered, or closely grouped, in relation to the area surrounding it to make it less conspicuous, minimize access roads, and reduce fragmentation of natural habitats. (5) Built forms and landscape forms should mimic the natural topography. Building lines should follow the lines of the terrain, and trees and bushes should appear natural from a distance. (6) Existing trees with a circumference of37.5 inches, measured 4.5 feet above the ground level, should be preserved and integrated into the site design. Existing vegetation should be retained as much as possible. (7) Cut is encouraged when it is necessary for geotechnical stability and to enable the' development to blend into the natural topography. Fill is generally discouraged and should never be distributed within the driplines of existing trees. Locate development to minimize the need for grading. (8) To reduce the need for cut and fill and to reduce potential runoff, large, flat expanses of impervious surfaces should be avoided. (9) Buildings should use natural materials and earthtone or subdued colors. (10) Landscaping should be native species that require little or no irrigation. Immediately adjacent to structures, fire retardant plants should be used as a fire prevention technique. (11) Exterior lighting should be low-intensity and shielded from view so it is not directly visible from off-site. (12) Access roads should be of a rural rather than urban character. (Standard curb, gutter, and concrete sidewalk are usually inconsistent with the foothills environment.) (q) Standard Conditions of Approval The director shall maintain a list of standard project conditions for projects in the OS district that reflect the intent of the OS criteria. Conditions may address, but are not limited to, landscaping, tree protection, planting, and maintenance, lighting, roofing materials, grading, construction staging, and fire protection. 15 090929 syn 0120368 NOT YET APPROVED (r) Development Standards Exception Pursuant to a 1978 Settlement Agreement, nine designated lots less than 10 acres in size, located on page 54, book 182 of the Assessor's Parcel Maps (182-54-xxx) are entitled to be developed as if they complied with the 10 acre minimum lot size for the OS zone. Owners of these nine lots may choose to comply with the parameters of the 1978 Agreen1ent or the standard development regulations as described in this Chapter. A site shall utilize either the 1978 Agreement standards or the regulations described in this Chapter, but cannot use both. SECTION 5. Section 18.28.080 (Additional AC District Design Regulations) of Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby amended to read as follows: 18.28.080 Additional AC District Design :ij.equirements The following additional regulations shall apply in the AC district: (a) Site and Design Approval All sites in the AC district shall be subject to the Site Design and Review Combining District (D) as provided in Chapter 18.30(G). (b) Location of Agricultural Facilities Barns, stables, sheds, chicken houses, and other similar facilities for the shelter and feeding of animals, exclusive of domestic household pets, shall be located a minimum of 40 feet from any site line. SECTION 6. Section 18.28.090 (Parking and Loading) of Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby amended to read as follows: 18.28.090 Parking and Loading Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapter 18.40. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and the design standards established by Chapter 18.42. In addition, parking facilities shall be subject to the following regulations: (a) PF District In the PF district, no required parking space shall be located in the first 10 feet adjoining the street property line of any required yard. (b) OS District (1) In the OS district, no required parking space shall be located in a required front or side yard or in a special setback. 16 090929 syn 0120368 NOT YET APPROVED (2) Vehicle parking, other than the four required spaces, may be allowed in the 200' Special Setback if located at least 100' from the affected property line, as approved through the Site and Design review process. A lesser setback, with a minimum of 50', may be considered if the 100' setback is determined by the Planning Director as infeasible based on the site constraints. These additional spaces shall be screened from public views. (c) AC District In the AC district, no required parking space shall be located in a required front yard or required street side yard. 18.28.100 Grandfathered Uses In the OS district, accessory dwellings and guest cottages existing on April 28, 1986, and which prior to that date were lawful, conforming permitted uses may remain as legal nonconforming uses. Such uses shall be permitted to remodel, improve or replace site improvements on the same site, without necessity to comply with site development regulations for continual use and occupancy by the same use; provided that any such remodeling, improvement or replacement shall not add a kitchen nor result in increased floor area, number of dwelling units, height, length or any other increase in the size of the improvement without complying with the standards set forth in Section 18.28.070(a) and without applying for and receiving a conditional use permit. SECTION. The City Council finds that the changes effected by this ordinance are categorically exempt (per section 15305 (Class 5) of the CEQA Guidelines) from the provisions of the California Environmental Quality Act (CEQA) as they comprise minor alterations to land use limitations and will have no significant environmental impacts. II II II II II II II II II II 17 090929 syn 0120368 NOT YET APPROVED SECTION 7. This ordinance shall be effective on the 31 st day after the date of it's adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 090929 syn 0120368 18 Mayor APPROVED: City Manager Director of Planning & Community TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: OCTOBER 5, 2009 CMR:400:09 REPORT TYPE: REPORTS OF OFFICIALS SUBJECT: Status Report on California Avenue Street Improvements and Recommendations for Community Engagement Regarding Removal of City Owned Street Trees and Approval of Recommended Action Plan for Community Engagement and Board and Commission Review of Tree Replacement and Other California Avenue Street Improvements Including Addition of New Street Furniture, and Street Repaving and Restriping EXECUTIVE SUMMARY On September 14th, 63 trees were removed on California Avenue between EI Camino Real and the Cal train Station in aeeordance with a streetscape improvement plan in the City's Capital Improvement Program (PE-07005). Although there was an overall design plan in place that had been developed over a number of years with input from numerous stakeholders, implementation of the street tree replacement element of the project began without proper public engagement to ensure community awareness and support for the project. Some stakeholder approvals ended after the original grant application. At the same time, elements of the design have been called into question including the lane re-configuration of California Avenue. This report includes the recommended next steps to engage the public in the selection of replacement trees and formal review from the Architectural Review Board and the Planning and Transportation Commission of the tree replacement plan and other California A venue Improvement project elements. An environmental document analyzing the lane re-configuration will be circulated October 6, 2009 for public review. This report also provides steps staff is taking to ensure City-owned tree removals do not take place in the future without full public involvement and proper City approvals. Lastly, this report includes steps to implement the Council priority of "Civic Engagement for the Common Good" on all City Capital Improvement Projects (CIPs) and ensure all Departments and the Executive Leadership Team (ELT) are working together on common goals related to City Capital Improvement plans. RECOMMENDATION Staff recommends that the City Council: 1. Approve the recommended action plan for community engagement for replacement of street trees on California Avenue; CMR:400:09 Page 10f6 21 2. Approve the review process for deciding on other California Avenue Street Improvements which may potentially include new street furniture, street repaving and restriping to eliminate one travel lane in each direction.; and 3. Approve the recommended actions to ensure that in the future City-owned trees do not take place without full public involvement and proper City approvals. BACKGROUND In 2005, the California Avenue Area Development Association (CAADA) appealed to the City for streetscape improvements similar to the ones performed on University A venue. The requested improvements included street tree and street light replacement, traffic lane reduction, addition of bicycle lanes and pedestrian crosswalks, new street furniture, new newspaper racks and fountain repair. The existing street trees were reaching the end of their life span, some were conflicting with street lights and store fronts, and some had already been removed because of disease. In 2006, CAADA worked with the City on developing a general master plan with a request for funding. Staff developed a conceptual plan for the improvements and applied for grant funding from the Metropolitan Transportation Commission. The California Avenue streetscape plan called for a complete and more uniform tree canopy, street improvements and other amenities. Street improvement projects in cities use simultaneous tree removal and replacement or staged replacement and the approach can vary based on different conditions and factors. When the grant application was unsuccessful, the City sought to address portions of the project through the City's Capital Improvement Program (CIP), and continued to work with CAADA on the certain elements of the plan including street tree replacement, street lights, street furniture, fountain replacement and new trash/recycling containers and new paper racks. In 2007, Public Works staff surveyed approximately 93 trees along California Avenue and identified trees which were candidates for removal based on the following weighting criteria: health, structure, placement and aesthetics. None of the identified trees were heritage or protected trees. In January 2009, City staff met with CAADA and due to the high cost of replacing the street light system, the CAADA board voted to eliminate streetlight work from the project and use this money to replace street trees. At this meeting the CAADA Board also recommended replacing all the street trees at once. In March 2009, Council adopted a FY 2009 midyear adjustment to exclude street lights and reprogram funding for street tree replacements as part of a group of midyear adjustments to both the City's Operating and Capital Budgets. On August 26th the contract for the street tree replacement portion of the plan was awarded at the staff level since it was below the $250,000 threshold requiring Council approval. On September 3rd, email notification of the upcoming work was sent to CAADA, which they distributed to their members and Palo Alto Neighborhood associations. On September 9th, staff distributed notices of work start-up to all addresses on California Avenue and tree removal work began on September 14th. Although the Public Works staffreceived staff-level Architectural Review, tentative approval on September 14th, described the subsequent 14-day request for hearing period was required prior to the start of work, staff proceeded with tree removal immediately. This is NOT standard procedure for City construction projects. If the request for hearing period had been observed, there would have been opportunity for the public to request a public hearing before the Architectural Review Board (ARB) prior to project implementation, allowing for further CMR:400:09 Page 2 of6 opportunity for public input and design modifications. The ARB agenda for September 24 noted the tentative approval and staff called the attention of the ARB to this, so that the ARB requested the public hearing. Staff also received a request for ARB hearing from a citizen after the ARB had requested scheduling of the item for full review at their October 15,2009 meeting. On Friday, September 25th, staff issued a press release apologizing to the broader community for the unfortunate tree removals on California Avenue and informing the public of next steps in the tree replanting effort (Attachment A). Staff was present at the California Avenue Farmer's Market on Sunday, September 2ih to provide the community an opportunity to ask questions about the tree removals, planned replanting efforts, and the other proposed street improvements. A fact sheet was provided at the farmer's market detailing what happened, what the next steps will be to involve the Community in street tree replacement and information on the project background (Attachment B). Comment cards and a contact sign-up sheet were also available at the Farmer's Market and Staff will prepare a summary of comments received for use in preparing for the public meeting October 8th • The community has already begun the dialogue regarding possible solutions. One important action taken by resident Fred Balin was engaging Barrie Coates, Arborist who conducted an informational session also at the Farmers Market. ANALYSIS California Avenue Streets cape Project There were certain steps that typically occur during the project development and implementation stages that did not occur with this project. Staff understands the current concerns of the community and business owners on this issue, recognizes the presence of many community "grass-roots" groups that are interested in City trees, therefore, Staff clearly acknowledges that extraordinary efforts to engage interested individuals and groups will be required to reach resolution on this issue. To this end, Staff proposes the following actions to address those concerns. Note that some of these dates may vary depending on the extent of the community input: III Other than emergency repair work, staff has halted work on the California Avenue Street Improvement project until further public outreach on the street tree replacement plan can occur including City Council approval. • Canopy, a Palo Alto-based urban forestry nonprofit organization, and Barry Coate, a well respected arborist in the area, are meeting with the City's Managing Arborist and other staff members on replacement tree choices including tree species and size. Recommendations on what type and size of trees to replant will be brought back to the City Council for consideration in November. • October 8, City staff will hold a public meeting at the Escondido School Auditorium (890 Escondido Road) at 6:30 pm to discuss the proposed project and gather public comment on replacement tree selection. Staff will reach out to all interested residents and "grass-roots" organizations to ensure full public participation in this meeting. If necessary, follow up meetings with groups andJor individuals will be held. .. October 15, staff will present the project to the Architectural Review Board (ARB) to gather input on street tree replacement and other design elements including street CMR:400:09 Page 3 furniture and street repavinglrestriping. The public will be given wide notification and invited to provide input to the Board prior to its decision. • October 28, staff will present the project to the Planning & Transportation Commission (PTC) to review the street tree replacement plan and other project elements, particularly the proposed traffic lane reduction that would be done after street repaving. • In November Staff will return to the City Council with a summary of the public comment received at the October 8 public meeting along with recommendations from the ARB and PTC. Staff will do extensive outreach to the community well in advance of this Council meeting to ensure Council's priority of Civic Engagement for the Common Good is met on this issue. The community conversation is well underway and it is staff's intention to open its process to support the community's efforts. • The City has created a webpage (http://www.cityofpaloalto.orglcalave) to keep the public informed on the project. There is also the ability for the public to subscribe to receive regular project updates. Any date changes will be posted to this website. In working with Canopy, staff has discussed the possibility of having Canopy be directly involved in the street tree replanting efforts. Canopy proposed this approach and has tentatively scheduled a volunteer day to do the replanting on November 21 st, Staff will need to work with its contractor, Suarez and Munoz to implement contract changes to provide suitable street tree planting locations including concrete sidewalk reconstruction and installation of tree grates prior to this occurring. Also, the above public process will need to be complete and Council approval received in order to meet the replanting date of November 21st, According to the City's Managing Arborist and Canopy this process could be extended into December and replanting could occur in January 2010 without affecting the successful growth of the new street trees. At the Sunday market, after Barrie Coates' talk, there was some conversation about the ability to meet the timeline. Review Process Changes For Removal Of City Trees Staff is also taking steps to ensure City tree removals do not take place in the future without full public involvement and proper City approvals. Also included are steps to more fully involve the public on all City Capital projects and to fully develop the City's Urban Forest Mater Plan. These steps include: It Development of a written City-owned tree removal policy that will outline all necessary steps to be taken by staff prior to removal of any City-owned tree. This policy is being developed with input from Canopy and will include: o Community meetings; o Broad community notifications; and o Appropriate Board and Commission approvals. It Development of a checklist to be used by staff to review all City tree removals. The checklist will include location, size and type of trees proposed for removal, and CMR:400:09 Page 4 of 6 reasons why they are recommended for removal. The checklist will be approved by the City Manager prior to removal of any City trees. Staff will prepare a draft for distribution to the Council and public at the October 5, 2009 Council meeting . ., Increased staff training on the steps to be taken prior to City owned tree removal and importance of trees in Palo Alto. III All City Capital Improvement Projects (CIPs) will be subject to a full Architectural Review Board (ARB) hearing unless they do not involve the removal of mature City trees or meet the criteria for a minor projects as defined in Municipal Code Section 18.76.020 "Architectural Review" (Attachment C). III All CIP projects involving Board and Commission reviews will be the subject of at least two public meetings during the preliminary design phase prior to the projects going out to bid for construction. The meetings at a minimum will consist of one meeting with local homeowners/resident association and their board of directors and one meeting with the general public at large. Both meetings will be held at a location as close to the project site as possible. .. To ensure the long range health of the City'S urban forest staff will redouble its efforts to develop a comprehensive Urban Forest Master Plan including assigning staff to lead this effort, pursuing the grant opportunities the City has been awarded by CalF ire and working with Canopy and other master plan stakeholders. City Department Coordination Efforts The City Manager is taking additional steps to ensure all Departments work more closely together on common City CIPs. In addition to the added steps described above involving Boards, Commissions and Public involvement the City Manager has established clear expectations that Department leadership will inform the Executive Leadership Team of upcoming significant projects and programs. Departments will be held accountable for these expectations. This will be done to facilitate full Civic Engagement in the City's CIP program and correct the implementation process which led to the unfortlmate tree removals on California Avenue. In addition, the City Manager's office will convene a regular multi-Departmental meeting where City CIPs and other operational initiatives are discussed and coordinated. Any proposed City tree removals and any pending City tree removal checklists will be a topic of discussion at these meetings. The enhanced coordination is intended to improve communications both internally and with residents. Improved coordination between stakeholder departments on the numerous initiatives and proposals circulating in the community will facilitate a better dialogue with the community as a whole. Internal coordination will promote the development of a clear message which will facilitate identification of stakeholders and encourage effective civic engagement as early as possible. CMR:400:09 Page 5 POLICY IMPLICATIONS Upon City Manager approval the City-owned tree removal policy will be incorporated into the City's Policies & Procedures Manual. ENVIRONMENTAL REVIEW This status report does not constitute a project and is exempt from California Environmental Quality Act (CEQA) requirements. City staff is preparing an Initial Study and Mitigated Negative Declaration that will discuss the current scope of the project including input on tree selection received during the extended outreach. ATTACHMENTS Attachment A: Attachment B: September 25 Press Release September 27 Fact Sheet Attachment C: City Municipal Code Section 18.76.020 "Architectural Review" PREPARED BY: MIC DEPARTMENT HEAD: ~ -GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: CMR:400:09 Page 6 Press Release Page 1 of2 ATTACHMENT A I Press Release The City of Palo Alto Public Information Office 250 Hamilton Ave Palo Alto, CA 94301 09/25/2009 FOR IMMEDIATE RELEASE PRESS RELEASE #09/25/2009 Subject : City Temporarily Halts Work on California Avenue Streetscapei Public Meeting on Project Scheduled October 8 Contact : Mike Sartor, Public Works Department 650-329-2270 Palo Alto, CA -With the exception of emergency maintenance, all work has stopped on the California Avenue Streetscape Improvement Project, pending a public meeting on October 8 to solicit input on tree selection and the formal Architectural Review Board hearing scheduled for October 15, On September 14, 63 trees were removed on California Ave. between EI camino Real and the Caltrain Station in accordance with a streetscape improvement plan in the City's Capital Improvement Program. Although there was an overall design plan in place that had been developed over a number of years with input from numerous stakeholders, implementation of the street tree replacement element of the project began without proper public engagement to ensure community awareness and support for the project. "We sincerely apologize for the mistakes made during the process that led to the unfortunate result/' said Glenn Roberts, Director of Public Works. "There were certain steps that typically occur during the project development and implementation stages that unfortunately did not occur with this project." In response to the concerns of the community and business owners on the project, the City is taking the following actions to address those concerns: • Staff has halted work on this project until further outreach on a number of project elements can occur; however, new trees are expected to be planted in November pending Council approval . • canopy, a Palo Alto-based urban forestry nonprofit organization, is meeting with staff members on replacement tree choices and the project scope. " October 5, City staff will return to City Council and respond to Council's request for action on a number of items including street tree selection, protocols and process changes to ensure this cannot happen again, and other matters. " October 8, City staff will hold a public meeting on October 8 at the Escondido School Auditorium (890 Escondido Road) at 6:30 p.m., to discuss the proposed project and gather public comment on replacement tree selection and other project elements. e October 15, staff will go to the Architectural Review Board (ARB) to gather input on further implementation of the design plan. e October 28, staff will return go to the Planning & Transportation Commission (PTC) to gather input on further implementation of the design plan. e In November, Staff will return to the City Council with a summary of the public comment received along with recommendations from the ARB and PTe. e The City has created a webpage (http://www.cit:yofpaloalto.org/calave) to keep the public informed on the project. There is also the ability for the public to subscribe to receive regular project updates. The existing street trees were reaching the end of their life span, some were conflicting with street lights and store fronts, and some had previously been removed because of disease. The California Avenue Streetscape plan called for a complete and more uniform tree canopy, street improvements and other amenities. Street htip:llwww.cityofpaloalto.org/civicalpress/display.asp?layout=l&Entry=482 9/30/2009 ATTACHMENTB CI'fY OF P AJLO AJL TO P1DJIllLlIC WORKS DEP ARTMEN'f CALJIFORNIA A VENUlE §'fRIElE'fSCAPlE IrMPROVEMlEN'fS lUP])A TIE 9/27/09 On September 14th, 63 trees were removed on California Ave. between EI Camino Real and the Caltrain Station in accordance with a streetscape improvement plan in the City's Capital Improvement Program. Although there was an overall design plan in place that had been developed over a number of years with input from numerous stalceholders, implementation of the street tree replacement element of the project began without proper public engagement to ensure community awareness and support for the project. The City sincerely apologizes for the mistalces made during the process and the unforhmate end result. There were certain steps that typically occur during the project development and implementation stages that did not occur with this project. We understand the cUrrent concerns of the community and business owners on this issue and are taking the following actions to address those concerns: Staff has halted work on this project until further outreach on a number of project elements can occur, however, new trees are expected to be planted in November pending Council approval. Canopy, a Palo Alto-based urban forestry nonprofit organization, is meeting with staff members on replacement tree choices and the project scope. October 5, City staff will return to Council and respond to Council's request for action on a number of items including street tree selection protocols and process changes to ensure this cannot happen again and oth~r matters. October 8, City staff will hold a public meeting at the Escondido School Auditorium (890 Escondido Road) at 6:30 pm to discuss the proposed project and gather public comment on replacement tree ·selection and other project elements. October 15, staffwill go to the Architectural Review Board (ARB) to gather input on further implementation of the design plan. October 28, staff will return go to the Planning & Transportation Commission (PTC) to gather input on further implementation of the design plan. In November, Staff will return to the City Council with a summary of the public comment received along with recommendations from the ARB and PTC. The City has created a webpage (http://www.cityofJ:mloalto.orgicalave) to keep the public informed on the project. There is also the ability for the public to subscribe to receive regular project updates. The existing street trees were reaching the end of their life span, some were conflicting with street lights and store frorits, and some were already removed because of dIsease. The·California· Avenue streetscape plan called for a complete and more uniform tree canopy, street improvements and other amenities. Street improvement projects in cities use simultaneous tree removal and replacement or staged replacement and the approach can vary based on different conditions and factors. ATTACHMENT C Review to secure the purposes of this title, to assure of the use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity. Application Review and Applications for conditional use permits shall be reviewed and acted upon as set forth in Section 18.77.060 (Standard Staff Review Process). (Ord. 4826 § 117 (Exh. 2 (part», 2004) 18.76.020 Architectural (a) The purpose of architectural review is to: (1) Promote orderly and harmonious development in the city; (2) Enhance the desirability of residence or investment in the city; (3) Encourage the attainment of the most desirable use ofland and improvements; (4) Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and (5) Promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other. (b) Applicability No permit required under Title Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this section, unless an application for architectural review is reviewed, acted upon, and approved or approved with conditions as set forth in Section 18.77.070. (1) Exempt Projects. Single-family and two-family residences do not require architectural review, except as provided under subsections (2)(C) and (2)(D). ~~~i~pe following are "major projects" for the purposes of the architectural review process set forth in Section 18.77.070, and are subject to review by the architectural review board: (A) New construction, including private and public projects, that: (i) Includes a new building or building addition of five thousand square feet or more; or (ii) Is not exempt under the California Environmental Quality Act (CEQA) (Section 21000 et seq. of the California Public Resources Code); or (iii) Requires one or more variances or use permits and, in the judgment of the director, will have a significant effect upon the aesthetic character of the city or the surrounding area; (B) Any multiple-family residential construction project that contains three or more units; (Supp. No. 13 -101112007) Ch. 18.76 -Page 2 ,18.76.050 Design Enhancement Exception (DEE) (C) Construction of three or more adjacent single-family homes or duplexes; (D) In the Neighborhood Preservation Combining District (NP), properties on which PAlO or more residential units are developed or modified, except when one of those units is a "second dwelling unit," as described in Section 18.1 0.140( d); (E) Any project using trarsferred development rights, as described in Chapter 18.87; (F) A master sign program, pursuant to Chapter 16.20; (G) Signs that do not meet all applicable design guidelines adopted by the city council or do not confonn to a previously approved master sign program; (H) Signs requiring a sign exception pursuant to Chapter 16.20; (I) Any minor project, as defined in subsection (3), that the director detennines will significantly alter the character or appearance of a building or site. t."'1:I!.~~"'" The following are "minor projects"for the purposes of the tevfew process set fGlih in Section 18.77.070, except when determined to be major pursuant to subsection (2)(1): (A) New construction, including private and public projects, that involveS! new building or building addition of fewer than 5,000 square feet, and which is exempt under the California Environmental Quality Act (CEQA) (division 13 of the Public Resources Code, commencing with section 21000); (B) Signs that meet all applicable guiielines and confonn to any previously approved master sign program; (C) Landscape plans, fences, exterior remodeling, and design of parking areas, when not pari of a major project; (D) Any project relating to the installation of cabinets containing commurriations service equipment or facilities, pursuant to any service subj ect to Chapter 2.11, Chapter 12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, or Chapter 12.13. (E) Minor changes to the following: (i) Plans that have previously received architectud. review approval; (ii) Previously approved planned community district development plans; (iii) Plans that have previously received site and design approval; (iv) Previously approved plans for projects requiring council approval pursuant to a contractual agreement, resolution, motion, action or uncodified ordinance; (v) Existing structures requiring council site and design approval or approval pursuant to a contractual agreement, resolution, motion, action, or uncodified ordinance. As used in this subsecti::m, the tenn ''minor'' means a change that is oflittle visual significance, does not materially alter the appearance of previously approved improvements, is not proposed for the use of the land in question, and does not alter the character of the structure involved. If the cumulative effect of multiple minor changes would result in a major change, a new application for Architectural Ch. 18.76 -Page 3 (Supp. No. 13 -1011/2007) (c) (d) Review approval Community Any changes to previously approved plans minor project as P31t of the conditions of a Review approval, Planned approval is required. architectural as a F or the purpose of securing the advice of the architectural review board prior to making an application for the boards recommendation on a project, an applicant, upon paying a preliminary application fee, as set forth in the municipal fee schedule, may bring a design before the board for preliminary review. If the applicant wishes to proceed with the project, he or she must then file an application and pay a regular application fee. The comments of the architectural review board members during a preliminary review shall not be binding on their fonnal recommendation. Neither the director, nor the city council on appeal, shall grant architectural review approval, unless it is found that: (1) The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan; (2) The design is compatilie with the immediate environment of the site; (3) The design is appropriate to the function ofthe project; (4) In areas considered by the board as having a unified design character or historical character, the design is compatible with such character; (5) The design promotes hannonious transitions in scale and character in areas between different designated land uses; (6) The design is compatible with approved improvements both on and off the site; (7) The plarming and siting of the various functions ancbuildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community; (8) The amount and arrangement of open space are appropriate to the design and the function of the structures; (9) Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the projects design concept; (10) Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles; (11) Natural features are appropriately preserved and integrated with the project; (1 The materials, textures, colors and details of construction and plant material are appropriate expression to the design and function and whether the same are compatible with the adjacent and neighboring structures, landscape elements and functions; (Supp. No. 13 1011/2007) Ch. 18.76 -Page 4 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: SEPTEMBER 21, 2009 CMR: 385:09 REPORT TYPE: REPORTS OF COMMITTEES/COMMISSIONS SUBJECT: Recommendation from Policy & Services Committee to Continue the Open City Hall Online Forum RECOMMENDATION Staff and the Policy & Services Committee recommend that the City continue utilizing the Open City Hall online discussion forum at a cost of $200 per month. COMMITTEE REVIEW AND RECOMMENDATION On June 29, 2009, the Policy & Services Committee reviewed the results of the pilot program for the Open City Hall online discussion forum and recommended on a 2-1 vote (Yeh absent) that the Council continue the forum at a cost of $200 per month. Attachment A provides a copy of the staff report to the Committee and Attachment B contains the minutes from that meeting. During the meeting, City staff and staff from Peak Democracy presented an overview of the outcomes from the pilot program, including a synopsis of user statistics and satisfaction. Additionally, staff discussed mechanisms for enhancing participation in the forum should the Council vote to continue the program. The Committee discussed many elements of the program before recommending that the Council continue the program. There was a general sentiment that the intent behind the program was good and that, for the cost, it seemed reasonable to continue utilizing this forum as another avenue for civic participation. As part of the motion, the Committee requested several additional items. First, the Committee wanted to see a more timely delivery of the comments to Council, which would entail emailing the comments to the Council earlier on Monday afternoon. The Committee also asked staff to expand outreach and explore the use of social networking sites in conjunction with the forum. The Committee recommended that the City explore utilizing the forum for some longer term projects that are unrelated to the Council agendas and that use of the forum be expanded to Boards and Commissions, if so desired by these groups. Finally, the Committee recommended that the Open City Hall forum be embedded on the City's website. Currently, visitors access the forum through a link on the City's website. In anticipation of this report to Council, staff attended the Website Committee meeting on September 2 to review a mock up of the Open City Hall forum on the City's website. The Committee was supportive of the concept and design of CMR:385:09 Page 10f2 this new webpage and encouraged staff to explore other ways to promote the forum in other areas of the City's website. If the Council approves the continuation of the Open City Hall forum, staff would prepare an agreement to be executed by the City Manager. This agreement would not need to be approved by the Council as the annual cost of the forum falls within the City Manager's contracting authority. RESOURCE IMPACT The City has been participating in the Open City Hall pilot program for the past six months. The set up cost for the program was $5,000 and there is a monthly subscription fee of $200. The total cost of the pilot program is $6,200. Peak Democracy staff have indicated that they would continue to charge the City $200 per month to continue hosting the Open City Hall forum. This monthly cost would be absorbed within the City Manager's Office budget. POLICY IMPLICATIONS The recommendations in this report are consistent with City policies and previous Council direction. The Open City Hall forum also supports one of the Council's top priorities for this year, Civic Engagement for the Common Good. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: June 29, 2009 City Manager's Report to Policy & Services Committee Attachment B: Minutes from June 29, 2009 Policy & Services Committee Meeting PREPARED BY: ~MORA~U Assistant to the City Manager CITY MANAGER APPROVAL: CMR:385:09 Page 2 of2 Attachment A TO: HONORABLE CITY COUNCIL ATTENTION: POLICY & SERVICES COMMITTEE FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: JUNE 29, 2009 CMR: 299:09 SUBJECT: Review of Open City Hall Pilot Program and Recommendation to the City Council Regarding Continuation of the Program RECOMMENDATION Staff recommends that the City continue utilizing the Open City Hall online discussion forum. at a cost of $200 per month and that the Policy & Services Committee review the results of the Open City Hall pilot program. Additionally, staff would like to receive feedback from the Committee regarding general satisfaction around the forum., ways to enhance its effectiveness for the Council, and additional ways to promote participation in the forum. BACKGROUND "Open City Hall" is a dedicated online forum that allows citizen participation. It was created by Peak Democracy. The forum allows Palo Alto residents to participate in the public comment process on City Council agendas but on their own time and schedule. Open City Hall is also specially structured to be both (1) a civil, on-topic public forum and (2) First Amendment freedom-of-speech compliant -two attributes that are important for the City's public hearing process, but not commonly supported on the Internet (especially in comparison to private, ad- supported blogs). The City has been participating in .the forum as part of a pilot program since December 2008 as a result of Council direction in the fall of 2008. Each week, several Council agenda items are posted on the forum along with a question about whether the Council should approve a particular action related to those agenda items. Members of the public can then post their position (on "yes, no" issues) and provide their comments. Staff then presents a tally of the positions and a formatted report of these comments to the Council for the Monday evening Council meetings. On May 19, 2008, the City Council discussed a Colleagues' Memo requesting support for a pilot program involving the online "Open City Hall" forum. At the meeting, the Council passed a motion (7-2) to refer the item to . the Policy & Services Committee to identify and clarify any policy or implementation issues. The Policy & Services Committee considered the item on September 9,2008 and made a recommendation that the City Council approve a six-month pilot program of the service. On October 6, 2008, the City Council approved the recommendation from the Policy & Services Committee to implement the Open City Hall "online service" pilot CMR:299:09 Page 1 of4 Attachment A TO: HONORABLE CITY COUNCIL ATTENTION: POLICY & SERVICES COMMITTEE FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: JUNE 29, 2009 CMR: 299:09 SUBJECT: Review of Open City Hall Pilot Program and Recommendation to the City Council Regarding Continuation of the Program RECOMMENDATION Staff recommends that the City continue utilizing the Open City Hall online discussion forum at a cost of $200 per month and that the Policy & Services Committee review the results of the Open City Hall pilot program. Additionally, staff would like to receive feedback from the Committee regarding general satisfaction around the forum, ways to enhance its effectiveness for the Council, and additional ways to promote participation in the forum. BACKGROUND "Open City Hall" is a dedicated online forum that allows citizen participation. It was created by Peak Democracy. The forum allows Palo Alto residents to participate in the public comment process on City Council agendas but on their own time and schedule. Open City Hall is also specially structured to be both (1) a civil, on-topic public forum and (2) First Amendment freedom-of-speech compliant -two attributes that are important for the City's public hearing process, but not commonly supported on the Internet (especially in comparison to private, ad- supported blogs). The City has been participating in .the forum as part of a pilot program since December 2008 as a result of Council direction in the fall of 2008. Each week, several Council agenda items are posted on the forum along with a question about whether the Council should approve a particular action related to those agenda items. Members of the public can then post their position (on "yes, no" issues) and provide their comments. Staff then presents a tally of the positions and a formatted report of these comments to the Council for the Monday evening Council meetings. On May 19,2008, the City Council discussed a Colleagues' Memo requesting support for a pilot program involving the online "Open City Hall" forum. At the meeting, the Council passed a motion (7-2) to refer the item to . the Policy & Services Committee to identify and clarify any policy or implementation issues. The Policy & Services Committee considered the item on September 9, 2008 and made a recommendation that the City Council approve a six-month pilot program of the service. On October 6, 2008, the City Council approved the recommendation from the Policy & Services Committee to implement the Open City Hall "online service" pilot CMR:299:09 Page 1 of4 ' .. program for a period of six months. The key elements of the pilot program included the following: 1) Cost: $6,200 for 6~month pilot program ($5,000 set up fee + $200/month) 2) Forum to be hosted on www.OpenCityHall.com 3) Agenda topics: staff selected 1-3 key Council agenda items to use as discussion topics each week during the pilot program 4) Peak Democracy staff monitors the forum 5) Evaluation to be conducted at the end of the pilot program DISCUSSION Staff identified several key areas to examine during the evaluation of the pilot program. These were: 1) participation -number of forum participants; 2) discussion items -how many each week and how many comments received; and 3) resources -overall benefits of the program relative to the cost of implementation. As an overall comment, the program has been successful for the cost and staff resources required to implement it. The discussion below reviews some of the key elements of the evaluation. Additionally, representatives from Peak Democracy/Open City Hall will be present at the Policy & Services Committee meeting to further discuss satisfaction with the program and sugge'stions for further enhancements. Staff would also like to receive feedback from the Committee regarding general satisfaction around the forum, ways to enhance its effectiveness for the Council, and additional ways to promote participation in the forum. Participation/Discussion Items The online forum launched in January 2009 with the composting topic discussed by the Council at the January 12 meeting. Attachment A provides a synopsis of the topics posted on the forum since January as well as the number of participants for each item. The City has posted 19 topics over 13 meetings. For most meetings, there was only one topic available. There were also two ongoing topics (High Speed Rail and Long Range Financial Forecast) that allowed people to post more general overall comments related to these topics. On average, approximately 24 people participated in each forum -and that's equivalent to over 1 hour of public hearings (at 3 minutes per person). Attachment A also identifies the total number of visitors (1614), participants (250) and users who have subscribed to receive announcements (200). Also, all the comments were civil and on-topic as well as generally articulate and substantive. Attachment B provides responses from a user satisfaction survey. This survey is offered to each new user the first time they post to the forum. Overall, there was a very positive response to the Open City Hall forum with 164 people indicating that they like using the forum and 24 indicating that they did not like using the forum. Many of the "no" comments focused on technical issues surrounding the forum, including the registration process. The staff from Peak Democracy were able to follow up on and address many of the technical concerns and questions. There were also some concerns about the anonymity of the forum and whether people's comments were actually considered as part of the Council deliberation process. Although some topics p.ad very high participation rates (Alma Plaza, High Speed Rail and the Business License Tax) and users were generally satisfied with the forum, there is clearly an opportunity to increase participation if the program continues. Staff have been discussing additional methods for publicizing the forum and increasing participation. These might include further outreach to the neighborhood associations, developing a City database of resident email CMR:299:09 Page 2 of 4 addresses, or incorporating additional copies of the forum directly onto the City1s and/or newspapers' websites. Staff are also looking at ways to identify Open City Hall items directly on the published agenda. Resources The forum has been relatively easy to manage from the City staff perspective. Each week, staff prepares a question for the forum along with a sUllUll,ary of the item. Staff sends this item to the Peak Democracy staff along with a link to the agenda item and it is posted to the forum. On Monday, the City Clerk's Office is able to access the forum and download the comments from each topic so the staff can then print them for the Council meeting. Following the Council meeting, the staff then draft up a statement summarizing the Council action on the topic, which Peak Democracy sends to participants. Overall, the whole process probably takes 1-3 hours of City staff time depending on the number of forum topics. This is a relatively small investment of staff time that enables the public another avenue for participation in Council agenda topics. Additional Feedback In addition to receiving feedback from the Committee regarding general satisfaction around the forum, staff would also like to hear suggestions regarding ways to enhance its effectiveness for the Council and additional ways to promote participation in the forum. Currently, between 1-3 items are posted to the forum for each Council meeting. Should the forum be opened up to allow for Board/Commission items to be posted as well? Does the Committee have any other suggested mechanisms for increasing participation in the forum? RESOURCE IMPACT The City has been participating in the Open City Hall pilot program for the past six months. The set up cost for the program was $5,000 and there is a monthly subscription fee of $200. The total cost of the pilot program is $6,200. Peak Democracy staff have indicated that they would continue to charge the City $200 per month to continue hosting the Open City Hall forum. This monthly cost would be absorbed within the City Manager's Office budget. POLICY IMPLICATIONS The recommendations in this report are consistent with City policies and previous Council direction. The Open City Hall forum also supports one of the Council's top priorities for this year, Civic Engagement for the Common Good. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment-A: Synopsis of Topics Posted on Open City Hall during Pilot Program Attachment B: Open City Hall User Satisfaction Survey Results . CMR:299:09 Page 3 of4 PREPARED BY: KELLY MORARIU Assistant to the City Manager CITY MANAGER APPROVAL: CMR:299:09 Page 4 of4 450 400 Open City Hall Usage as of June 23, 2009 Attachment A Unique Visitors: 1614 Participants: 250 Subscribers: 200 Topics: 19 Statements: 457 Equivalent Public Comment Hours 23 @ 3min/statement: Usage by Topic As of June 23, 2009 350 +-1.--·----·----···--1.·--------·-·----·--·---------·----.-.. ---.-~--- 300 +--1.-· .. -.·_--·---·_· --... --.. .... _--_._---------------------_ .. _-_ .. --_._._._. 250 +---1---.·--··-- 200 +-1.-·-·-----·---·--.. ------_ ... _-_ ....... __ ... __ ._._-------.. -----_ .. _-----_ .. _-._._-_._--_._--_ .... _--- .• Participants 150 +--1 .. ----.-·---------·--· -.. --1.--.. -.. ----.. ----.-.. -.. ------... ----.. -----.-----..... --.-_ .. -__ . ___ ._ ... _._. __ .••. __ .. _ ... ...j! • Visllors 100 50 0 0 ~ .~ ~ !I :r: J2 :::;I ~ ~ f 0 !I ~ ~. ~ ~ ~ ~ 0 i :::l cO' 0 3 I/) 't:I II) m 0 til iii "" ~ ~, III :::T I/) m <0 ~ ~ 0' ~ ~. 'C ~, (f) W :r: Co ~ ~ ~ ! i w C' m ~ ~ f e!. i ~ 0 III * 8' ~ fij 2, :::l 3 ~ :::l 61 II Co I/) ~ i .... CI) '! "'" c: 0 S iii ~ III ~ f CI) i ! "'C ~ l.!: 3 III ~ 3 .s g iii' ~ :::l ~ cO' I/) ~ fir en :::l ., ~ a. 3 !hi m 2 CI) ;;0 III ~ ~ ;;0 6i S' g: :::T II CI) s, ~ III :r: 8 ~ ~ :::l 0 0 Q. m ~, (Q :::l ~ (Q 1 j I Attachment B S<atlsfactlon Survey Old you Uka using this Open City Hall foru.m? Why or why not? (See following pages) Response Comment Date 06/22/09 06/22/09 Yes Easy to use and I'm able to express my thoughts and views. Yes Central location for a complex issue. Nice to have all the supporting Yes Yes Yes No No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes materials in one space. Simple and clear navigation was great. it's easy and goes to the immediate readership 06/22/09 do not always have time to keep up on city news, regulations, etc. 06/22/09 Hopefully this will help me be a better informed resident/taxpayer. It is also easier to contribute an opinion in this forum for someone who is not used to voicing their opinions in a public speaking forum. it is easy and efficient and it strikes me as being a good option for participating in the democratic process 06/20/09 I've used it plenty of times but without my name. However" I think it is a . 06/20/09 waste of money. It could be done more efficiently by using a blog on the Palo Alto Weekly Town Square which thousands of people read and many use.On a tiny fraction of residents even bother to use this. Don't know, because I don't know who reads it. 06/19/09 I appreciate the opportunity to express my views and it was easy to use the 06/19/09 site Hope to be heard, and reach a wider audience. Hopefully, this is not another wasted exercise to make our local government look good by using the latest "government speak" buzz word: civic engagement. Remember the fate of Props lA-l E? Your next extravagant bond proposal may have the same fate if the taxpayers lose faith. 06/19/09 05/31/09 Pretty straightforward and simple to use. 05/31109 No maybe?? I will see how it plays. But the site works very well! Kudos on 05128/09 that! Not an easy task. I'd rather deal with my City's government or a local citizen's group. 05/16/09 It's an easy to use share~point. 05/16/09 It appears to be an easy way to communicate. His unknown whether or not 05/01109 it will be an effective means . . Good idea, let's see if anyone in City Hall pays any attention. 04/27/09 Civic engagement leads to better and more responsive government, and a 04/27/09 more interesting community It is a way for Palo Alto residents to post their opinions, and also to read 04/27/09 others' opinions. It's a convenient way to express views without writing a formalletter to elected officials or staff. This is great! I'm excited to have the chance to give my input. Still too soon to tell, this was my first time. I hope this will be carefully evaluated by our elected City Council Representatives, and used by Palo Alto residents to give comments and suggestions to the Council 04/27/09 04/25/09 04/25/09 04/17/09 I would have felt more comfortable ifl had known about a way to register 04/10/09 first and then coinment, rather than commenting first and then being forced to register at the end. . It's easy to participate and it looks like it works. 04/09/09 Easy way to give one's opinion . 03/30/09 As long as my comments are considered on a timely basis, I am in favor of 03/30/09 this system. Thanks. Yes Easy to use, see comments of others. 03/29/09 Yes Easy to use and understand. 03127109 Yes Hopefully we can temper the stupid actions of the city council. But I fear it 03116/09 will have no effect. .. Yes ... makes me believe that someone may be listening! :-) Doesn't take much 03/13/09 of my time or (hopefully) your time, but achieves some communication. Yes Why does the window say "We'll add your city when you sign in" and then 03/13/09 not allow you to proceed until you've checked the add-my-city box? Yes Over time, credible users of Open City Hall will grow. 03/13/09 . Yes It was very easy to navigate. And this particular topic is very important to 03/05/09 P.A. . No I'd like to be able to make comments, but I don't like that its so pUblic. This 03/02/09 doesn't feel safe to me'. Also, I wasn't aware that this was a recognized city council forum until today - I felt pressured to get this posted here in order for my consideration to be heard. Yes I like the managed format and feel it increases the likelihood of my opinion 03/01109 being heard. No I don't like the ToS. 03/01109 Yes It provides a much better oppotunity to participate in community issues. 03/01109 Yes If someone with actual authority reads the comments, maybe a change to 02/28/09 the HSR plan can actually happen! Yes Seems like a good tool for busy residents to remain in contact with the City 02128109 Council and City staff, even if other Qommitments often prevent me from attending evening community meetings. Yes This is democracy in action. People cannot always make it to City Council 02/28/09 meetings, but would like input in the process Yes Yes, I feel I can voice my opinon to City Council without the hassle of 02/28/09 sitting through an entire city council meeting for my 2 minutes of time. Yes Simple, well-designed web app. 02/28/09 Yes Great way to communicate ideas. 02/27/09 Yes I have been enrolled in this Open City Hall for a while now. This is my first 02/26/09 comment. I hope that the Council appreciates that this is the first time in years that i've been able to give my opinion, and without the trouble of going downtown. And i hope they also appreciate that when i have no opinion on a subject they won't get a message from me. Nevertheless, i really like being asked. :) Thank you, . Yes Forum is essential to democracy. This makes it fairly practical. 02111109 No To soon to tell. Ask me later. 02/06109 Yes We need to gather as many ideas as possible to solve the massive budget 02/06/09 shortfall. This is an easy and quick way to post one's opinion. Yes easy to use 02/05/09 Yes What choice do I have? I think the data entry portion of this site could be 01131109 enormously improved by providing something like a word processor interface with formatting choices, copylpaste, insert external text, etc. No One way dialog. One item only. Not as participatory as PA Weekly Town 01130/09 Square Yes However, I'm not certain that I like the anonymity feature. This creates the 01127/09 possibility for manipulation of results. At the very least, there ought to be some verifiability for the Palo Alto residency. Yes It's incredibly user friendly. Love it! 01126/09 Yes Quick way to communicate about issues affecting us. 01125/09 Yes Convenience. 01/25/09 Yes It's an efficient way to communicate with city hall 01125/09 Yes Great idea for those of us who are interested but can't make it to meetings 01125/09 (small children at home, in my case). Seems easier than trying to figure out what council members to email, and more likely to be effective since council members can see an organized snapshot of votes, rather than wading through their inboxes trying to get a tally. No The links that explain some of the features should open a new window, so 01125/09 the user doesn't have to go back, and re-enter information. Thanks! Yes Easy way for my voice to be heard. Site is simple &' usable. Thanks! Dave 01125/09 Yes It's. a great way to be informed, and a great way to get input from the 01125/09 public. Yes It's another conduit for communication. I hope there is evidence that it is 01/25/09 effective, both in use by city officials as well as civic, civil discourse by the constituents. , Yes It is a very efficient way for me to be able to participate in the government 01/25/09 & issues of relevance to me as a citizen of Palo Alto. I appreciate the opportunity, and hope that our government actually is able to make use of the input on this site to learn there is consensus, when it exists, and to understand more about different perspectives and their relative "weights" throughout the City. Yes it's quick and efficient 01125/09 No cumbersome registration process 01/25/09 Yes I don't really know yet because I just registered. Seems fine right know, andOl/25/09 everything was very clear except for how you insert your name and city when writing a responce for thoughts about issues. Yes I seems to be well done, protecting against those that might just wish to be 01/25/09 negative trouble makers. .' No Yes, I think it is important to be informed about the city I live in. 01/25/09 Yes Very convenient way for me to communicate with my elected officials 01125/09 about 'particular issues up for consideration. Yes We'll see. Just because we have a place to add comments doesn't mean 01/25/09 anyone is paying attention. There are real problems in Palo Alto and this city council has spent lots of time doing silly things like naming the City Hall for Martin Luther King. So, we'll see. Yes Quick and easy way to have at least a voice without long drawn out 01125109 meetings. Yes It was a very interesting and quite easy way to express my opinion on an 01/25/09 issue before the City Council. Yes Able to participate and register opinion easily from home. 01125/09 Yes great opportunity to express my ideas . .look forward to hearing from others. 01125/09 Yes I love it because I can give my opinion without getting into my car. 01125/09 Yes Because it gives the Public a voice. 01125/09 No You have an INCREDIBLY long legal aggreement. I felt like I was buying 01125/09 a house or signing a business contract. The fact that you read every submission before posting it is quite disturbing. And then it takes 24 hours Yes Yes ·No Yes Yes Yes No Yes Yes No Yes Yes No Yes to have comments posted. It allows those who can't or won't write letters or speak before Council to 01/25/09 voice their opinions. nice way to collaborate 0 1/25/09 I do not believe in blogs without someone's name. If the city wants to try 01/25/09 this, it should allow comments on evemy public hearing item. It seems easier to give your opinion vi; writing a formal letter to the city 0 1/25/09 council. reasonably straightforward --but I don't think democracy is best served by 01124/09 anonymous notes Easy way to communicate! 01124/09 Not at all sure how it fits in withe "the City of Palo Alto." Or exactly what 01/24/09 its purpose is. Liked it this time. Stumbled on first attempt to use it to send a message 01/24/09 about municipal compostirig. I appreciate the screening of the submissions by the forum. However, after 01/24/09 I submitted my vote and comment this first time, I was surprised to see that there would be a 24-hour or longer delay before my comment was posted to the forum. I think that 24 hours is too long a delay to get one's comment posted. I would like to see other posters' comments sooner than that. Many of us get a heads up about the topic of this forum from an e-mail list, and so we probably visit the forum on the same day, within a few hours of each other. When I visit the forum, I would like to be able to see all of the comments that have been submitted, not just the comments that were submitted more than 24 hours prior to my visit to the forum. The City Council usually meets on Monday night, and many of the po stings will be made on the weekend. Will t~e comments submitted during the weekend not be posted unitil Monday? Not a computer person. It wasn't clear that you had to sign in to list your 01124/09 opinion. Had to re-do statement. This should be easier for older people to use and many in Palo Alto are getting older and not used to computers. It would be great if city council reads or pays attention ... if not it is a waste 01124/09 oftimelll!! Clean and easy way to stay actively involved in my city. 01124/09 We keep hearing how desperate the city needs money -if someone wants to 01124/09 get involved there are lots of ways. This is just another "hype program" that costs money to seem that we are so high tech and open. Democr~cy takes effort and if someone doesn't want to put out the effort, their loss -lets use the money were it counts. This also goes for the $35,000 to find the color or Palo Alto. Any kid knows that if you mix lots of colors together one gets a shade of brown. I am sure a 3rd grader would be happy to give you this answer with a big grin and feel so smart afterwards and it wouldn't cost $35,000. The people who would paint their house the "color of Palo Alto" really need approval for what they do. How sad. I am trying it out to see if it is a resposible forum for public discussion. I 01124/09 will like it if it is, but will not use it further if the participants cannot keep the exchanges at a civil level with respect for facts and analysis. Requiring people to sign their names may be necessary to move in this direction. It is my experience that blind postings open the door to uncivil exchanges, and I Yes will not waste my time with that. It allows me to voice my opinion to the "powers that be" in City Hall. I cannot get to meetings due to my disability. 01124/09 Yes convenience 01124/09 Yes some simple ability to see issue overviews and make my opinion easily 01124/09 known •• much easier than Googling, reading large documents, writing emails or letters. Yes But if it turns out to be a forum where anonymous posters vent venom like 01123/09 on Town Hall then it will fail. Yes Web site was simple to work. I was able to get involved without a major 01123/09 investment in time. Yes . I really is an excellent fit with our 2009 City Council priorities. Is it 01112/09 possible to distribute the topics for comment, perhap's via the Palo Alto , Weekly or Palo Alto Online dialy news? I do NOT like to have depend on my memory to check other websites for updates. Also, instead of just "immediatIey" or "every 2 weeks at most", could you provide a weekly option? Thanks for doing this. Trish Yes This is great vehicle to encourage Palo Alto residents to voice their 01111109 opinions on issues affecting our community No Why Not? It may become another way for the City Council to make 01110/09 decisions based on which interest group screams the loudest. The survey I just completed oncomposting is completely unscientific and in no way should be read as representing the voice of the community. It represents a few voices, most of whom have a major agenda, which is already reflected on the council. It's nonsense unless it can be shown to actually increase citizen participation beyond a small number of activists. I'm not an activist and I took the survey, so my participation can be counted in the column of increasing citizen input. Yes I'm too lazy to go to the City Hall for council meetings. This provides a 01110/09 quicker way to read other ideas and comments and then give a current opinion. Thanks for making this great new option available. Kay Schauer Yes Either the people submitting were reared properly or someone does a good. 01/09/09 job of culling through the submissions and weeding out the comments that don't stick to the issue. Great way to hear from the pUblic. No It's just one more thing for those of us who do go to city hall to have to do 01109/09 to keep up with those who don't go to city hall or keep up with issues. Yes I write anyway when I'm aware of when certain issues are to be considered. 01109/09 However, I don't always know when that is, and the Forum should help on that. Walt Yes It is another way to speak to those we elected. But I am not sure it should 01109/09 be anonymous. I do not want it to take the place of writing or talking to council members. Also, I am a little worried about censorship. We will see how it goes. Yes It is too early to tell how this really works. Ask again in a few months. I 01109109 think that any comments must have the commenter's name posted after the comment, just like they do in the newspaper. Anonymity on-line invites flaming and less responsible comments. See the postings on Paloalto on- line an example of this. David No haven't used it enough to know. 01109/09 ,:: .... : ':"; . No Registering does not seem to be necessary 01/08/09 Yes If the officials read it, its a way to keep in touch with the public. However 01/08/09 the "verification" process is flimsy; anyone with a free email account can CLAIM to be a PA resident. And bulletin boards tend to become dominated by trolls and others with little else to do in their spare time but blast their opinions, so I wonder how representative what shows up here will really be of the PA community. Yes Easy and great way to voice my opinion. 01/08/09 Yes I can have input without attending the meeting. Very convenient. 01/08/09 Yes I think it's great to be able to voice my opinion and to read what others 01108/09 think. This feels like real Democracy in action! Hooray! Yes I think this is a very good alternative method for citi~ens/residents to use to 01/08/09 provide the City with opinions/suggestions on important issues and topics that are happening within the city. Short of having to provide hardcopy letters, emails, or even having to attend Council meetings just to state your opinions and concerns, this method gives you the opportunity to voice them anywhere and at anytime and still know that your thoughts are being received by the powers that be.! think this is great! Yes Gives me hope that my ideas about Palo Alto issues may actually come to 01108/09 the attention of city officials. To date I am not sure Council and other staff really care. Moreover, this is an opportunity for Council to offer a way to become "engaged" as they promised us a year ago. So thank you for this opportunity. Richard C. Placone Yes City information comes too lat to evaluate before Council meetings. This 01/08/09 will help. It is unlikely though that the City will pay much attention to these opinions. views. . Yes· I like the opportunity to post this because I hope that it will become a 01/08/09 widely used forum for exchange of information that is important for the city. ' Yes My real concern is I signed a LONG statement that I did not read. 01/08/09 Hopefully this will not be a problem. Yes It's a good way to communicate from home, without having to attend a 01107/09 meeting. Yes It allows for reasonable civic participation. 01/07/09 72 of the survey respondents did not submit a comment. Attachment B Mr. Keene said that taking into consideration the concerns expressed by the Committee, Staff would revisit this sooner rather than later. The goal would be to get back to the Policy and Services Committee some time in the next couple of months, and Council by the end of this fiscal year. He also said that to be fair, it could be a year from now. Chair Espinosa confirmed that Staff would come back to the Committee with the study criteria within a couple of months and then within a year with final results. He hopes that when it does come back it will clearly address the concerns raised regarding price and quality of service, as well as the pay and for any sort of package that takes care of workers and how that's weighed. MOTION PASSED 3-0 Yeh Absent 3. Review of Open City Hall Pilot Program and Recommendation to the City Council Regarding Continuation of the Program Assistant to the City Manager, Kelly Morariu, said that Council approved a six month pilot of Open City Hall in 2008. The City launched the forum in 2009 with the first topic being composting. One to three topics for each agenda are posted each week and there have two on-going topics: High Speed Rail and Long Range Forecast. Each Thursday prior to a Council Meeting, staff posts a question and people are allowed to post comments until Monday at noon when the topic is closed. Comments are printed and left at places for Council on Monday. It's a small window of time for comments, but that is the way the agenda process is structured. The cost is fairly minimal. The City paid a $5000 set up fee, and pays $200 a month for ongoing maintenance, for unlimited topics. There is a 24 hour holding period where Peak Democracy staff review the comments, and no statements have been held so far. Regarding average usage, the site has had 137 visitors and an average of 24 statements per topic. If compared to the 3 minutes of public commentary time at Council meetings, that equates to about 1.2 hours public commentary that has been transferred to the Open City Hall Program, and is equal to .4 statements per thousand residents. Each time a new user signed up, they were asked to complete a user survey. Eighty seven users like the forum and left a number of comments about why they liked it. A few complaints were about technical issues, most of which were resolved fairly quickly. Robert Vogel, Peak Democracy, said that Open City Hall is an online forum that is both civil and free speech compliant. Palo Alto is getting an average of 24 statements per topic, which is equivalent to 1.2 hours of Public Comment orally presented but being in writing it's easier to review. He spoke regarding the usage of Open City Hall in context with the five other Cities that have used it in P&S: 090629 PS FINAL 6 the last six months. Palo Alto is the only City using it exclusively for Council Agenda items. Decatur GA, State College PA, and Lake Oswego OR, are using it for Council agenda items, as well as some more general items. Montgomery OH is using it exclusively for more general items. He stressed that he wanted to share these examples to give a sense of what they are doing to bring people to the forum and to publicize it. If the City wants to increase the number of users there are opportunities to do so. To identify them, he did a comparison of the type of usage from all five cities. Palo Alto has .4 statements per topic per 1000 residents; other cities are seeing a broad range of participation from .3 to 2.1. That range of participation rates is easily understood when you look at how other cities are publicizing their forum. Decatur and Lake Oswego are announcing each new topic via email using City email lists. Montgomery announces their topics in a monthly newsletter that goes to every household. Palo Alto and State College have no similar program and are only seeing a participation rate about 20 -30 percent of the others. Another opportunity to increase participation is related to a development recently put into the software. Open City Hall can now run clones on other websites. The City can add it to the City of Palo Alto website. Sacramento is using the Open Town Hall program where the Mayor chooses issues and updates them in a form that he controls, and the form is embedded in the Sacramento Bee as well as in Capital Public Radio Website. Media outlets carry the forum to be consistent to their mission and to bring readers to their website. The City can invite the local newspapers to embed a copy of the forum on their websites, as well as embed it on the City's website, at no extra charge. Ms. Morariu said that Staff recommends continuing the Open City Hall program at the same $200 a month service fee. Staff's time to manage the forum is 1-3 hours a week when there are topics. Staff has been exploring ways to increase participation. The City can work with the local media outlets to get it on their websites, as well as putting it on the City's website. The pilot was on the Open City Hall website to insure the public recognizes the program's independence from the City, but at this point adding it to the City website would give it some legitimacy. Staff also wants to reach out to the neighborhood associations, in lieu of a comprehensive email list like Decatur and Lake Oswego has. Staff also wants to look at how to incorporate the Open City Hall logo on the printed agendas to identify the topics that are on the forum. Lastly, staff is looking at increasing the number of issues on the forum, as a response from various Boards and Commissions as well as other Council Committees. City Manager James Keene concurred with Ms. Morariu and added that he doesn't think that the pilot really hit it out of the park, but it did get participation and civil commentary with a high level of discourse taking place. P&S: 090629 PS FINAL 7 Staff is working on the area of social networking, such as establishing the City's own Facebook page and Twitter Account. Tweet notices can be sent in the absence of email list. Chair Espinosa shared three points that Council Member Yeh shared with him earlier: 1) Peak Democracy should continue, 2) Distributing it At Places doesn't work because there isn't enough time to influence decision making, which ties into the bigger issue of Council not getting the staff reports early enough, and 3) the need for more publicity is paramount to the success of the program. Council Member Kishimoto recognized that Peak Democracy first contacted her two years ago, so it is nice to see it going. She agreed with Council Member Yeh's comment regarding the timeliness of the reports, agreeing that At Places isn't useful. She asked Staff if the Council can get the comments real time. Ms. Morariu said that it would be possible for Council Members to view comments on the forum as often as they would like or Staff could distribute comments via email on Monday at noon instead of waiting until the end of day. Council Member Kishimoto said that those options would be better than the current process of putting the comments At Places. She agreed that the value of this program is uneven. She was disappointed that there is no longer a one page view containing one line from all the comments. It is less dynamic now. She would like the City to take advantage of the knowledge and analysis our residents have and do, getting them to add their hard earned information to Peak Democracy is her goal. Mr. Vogel explained that the previous look of the website that Council Member Kishimoto was referring to was a prototype that was much more labor intensive. The one line comments were hand selected and edited. It would require work to do it. Council Member Kishimoto suggested showing just the first one or two lines from the most recent comments. Only seeing the numbers of yes and no's is not as compelling for the public to read further and add their own comments. She asked if there is a way for people to sign up for email notifications. Mr. Vogel said that the original press release attracted 200 or so people to sign up and receive additional announcements as topics are added. This is less than the several thousand subscribers other cities have, but they started with a mass email distribution, Palo Alto did not. Ms. Morariu added that if it were embedded in the City website, staff would be able to use the Gov Delivery service so that people can subscribe through that. P&S: 090629 PS FINAL 8 Council Member Kishimoto asked if High Speed Rail is a perpetual topic. Mr. Keene said it might be best to put the comments on the City's website so we can keep a rolling history of commentary and perhaps even a database. High Speed Rail has a set of deepening, evolving opinions, data and grass roots strategies. Then it would start to become part of a body of work and it might be more compelling to participants. Mr. Vogel agreed with Mr. Keene about having some editorial process to have the most relevant topics at the top. Council Member Barton agreed that the trial wasn't perfect but believes it should be continued. It's not expensive enough for the financing to be prohibitive. The timing of when Council gets the comments doesn't work. What does work is the way Staff sends out the answers to Council Member's questions that come out around 2:00 -3:00. If Open City Hall came out at that time he stated that he would have time to read it. He is concerned about the idea of editing the comments; the City shouldn't be making the decision about what's best. The pOint is to have something to engage people. He would like to see it embedded with randomly selected comments that come up and change frequently. The current structure is to put the most recent comments on top, unedited. Mr. Vogel said that it is important to make sure the users can't edit their comments in order to have them move back to the top. Open City Hall is set up so that it is sorted by creation date, not updated date. It is also critical that if the City does edit or filter comments, that there is no political agenda behind it. Council Member Barton said that because Palo Alto's daytime population is so much bigger than the night time population, there is value to a passive communication system. An email communication would miss a lot of the daytime residents, even though they do have a stake in the decisions made by the CounCil, such as with business license taxes. He also said that he likes the agenda pages the way they are currently posted on the website. Users are able to click on a link that leads them to a PDF of the agenda item. It would be helpful if we could put an Open City Hall logo next to that link, so that users can click on it and get to the Open City Hall page. He then asked if there is a way to find out where the users came from. Mr. Vogel said that they do know where the users are coming from and they do have the ability to share that information with the City. P&S: 090629 PS FINAL 9 Council Member Barton said the Media Center partnering would be interesting because they could reflect the item back to their video post back to the discussion and there might be some value. He asked if it can be embedded in Facebook. Mr. Vogel said Open City Hall can be embedded in sites like Facebook, and asked if the City has a presence on Facebook. Mr. Keene said that the Staff is currently working on it. Council Member Barton reiterated that Facebook is another opportunity to get Open City Hall some passive exposure. He also stated that embedding it in the City website makes sense. Overall, he found the program valuable. He tries to reflect on the public comments, but it is difficult to do right before the Council meetings. There has been occasion where he has seen that the tally on Open City Hall is different than what he hears from other sources. It gives him a fresh perspective. It is consistently on topic. Palo Alto Online is an intriguing idea but it is too scattered and unpleasant to be useful to him as a policy maker. Mr. Vogel said if we embed it in a local newspaper the format will be exactly the same as it is now on Open City Hall. There should be no change in the quality of comments, and this was indeed the outcome of the experience in Sacramento. Council Member Barton asked how Open City Hall fits in to the FPPC fairness rules. If a newspaper hosts a Mayor's page during elections, it would be an endorsement. He then asked if they would be able to host similar pages for other candidates. Mr. Vogel said that the forum ls open to all elected officials now, and when an election comes up, it would open to all candidates. Chair Espinosa asked Staff to speak to the cost impacts of the program and whether adding additional items from Committee Members or Boards and Commissions, increasing outreach, email communications or increasing the number of items discussed increase the cost of the program. Ms. Morariu said that, originally, there was a per-item cost, but was changed during the pilot. The City pays a $200 per month flat fee for an unlimited amount of topics. Having the Boards and Commissions add items would not increase the cost. She stated that there might be an increased Staff cost, due to a possible increased need for coordination. Increasing the public's P&S: 090629 PS FINAL 10 participation, managing email lists and embedding in the website would be a Staff resource issue more than a cost issue. Chair Espinosa asked if Staff worked with the Website Committee on this. Ms. Morariu said that at this early stage they did not. Mr. Keene added that there has been some general discussion, but not on a detailed level. Chair Espinosa asked if Staff would state the value added beyond the email packets they get. Mr. Vogel said that if people come to Council meetings and spoke alone with Council, and then when they are done the next person comes in there is no transparency, like there is if everyone comes in at the same time. That's the difference between a forum and a sequence of emails. If the emails are published unedited, you have to be careful of content as some may be inappropriate. Open City Hall deals with that for the City. It allows for civil statements while still being a process that does not violate freedom of speech. Chair Espinosa stated his appreciation for any business that is involved with transparency and civil discourse. He did vote against it the first time. He still believes that this is a waste of money. The information is received too late. The number of comments per topic is absurd at 24 to 60,000. He believes the feature could be added to the City Website in a much more immediate and transparent form. The cost may be minimal but we are not adding any value to the decision making process at all. He reiterated that he respects the efforts and agrees with the spirit of the project, and he applauds the companies that do this type of work. He will continue to discourage the use of Open City Hall. MOTION: Council Member Kishimoto moved, seconded by Council Member Barton, that the Policy and Services Committee recommend to the City Council to continue utilizing the Open City Hall online discussion forum at the cost of $200 a month, and direct Staff to ensure a more timely delivery of comments, expand outreach, include occasional long term projects, embed Open City Hall onto the City's website, expand use to Boards and Commissions, and include Social Networking sites. Ms. Morariu asked if Council Member Kishimoto only intends to open it up to the Planning and Transportation Commission. Council Member Kishimoto said she would be open to including all Boards and Commissions. She also expressed her appreciation at Chair Espinosa's honest P&S: 090629 PS FINAL 11 comments about the program. She feels that expanding the outreach will address a lot of his concerns. She also hopes to attract more in-depth comments. Palo Alto residents do a lot of research on the topics that affect the City; it's great to have a forum for them to share all of that. However, three days isn't enough time for them to do all that work, and then to respond with in-depth answers, so longer term topics would be useful. It is also valuable to see real time data. Council Member Barton agreed in part with Chair Espinosa's comments, but believes the start up money has been spent and should now be leveraged. He added that if this conversation is still happening in a year or two, then it might be time to stop the project. Chair Espinosa said that if the City must continue to use the program, it should include other Boards and Commissions as they deal with some hot topiCS that should be included. Council Member Kishimoto agreed to include Planning and Transportation Commission and other Boards and Commissions as Staff sees fit. MOTION PASSED 2-1 Espinosa no, Yeh absent 3. Discussion for Future Meeting Schedules and Agendas Assistant to the City Manager Kelly Morariu said that the next regular scheduled meeting is July 14th. The currently scheduled agenda is the Legislative Program. The Committee had asked Staff to bring an expert in to discuss this. Dan Carrigg from the League of CA Cities is willing to come speak, but won't be able to come until September. While no expert will be there, Staff and the Committee can still have a more general discussion. City Manager James Keene added that he wanted to have a general conversation with the Committee regarding their scope of work, and how Staff identifies the stream of issues that is coming to the Policy and Services Committee. Chair Espinosa said that he had raised that issue as well. He felt this is a good time to discuss the Committee's role and make sure the agenda is broad and comprehensive. He then asked what would be involved with a general conversation regarding the legislative program. Ms. Morariu said that a general conversation might include the City Manager speaking about effectiveness of the lobbying efforts and ways to incorporate the P&S: 090629 PS FINAL 12 DATE: September 21, 2009 TO: City Council Colleagues FROM: Council Members Kishimoto, Klein and Yeh SUBJECT: Directing the City Manager to Explore Ways to Reduce Potable Water Use in Palo Alto by 20% by 2020. Recommendation We ask our Council colleagues to join us in directing the City Manger to explore and recommend ways the City can reduce our community-wide use of potable water by 20% by 2020 in conformance with the Governor's water conservation directive. We would like the City Manager to come back to Council with his interim recommendations on World Water Day -March 22, 2010. Background Palo Alto purchases its water from the San Francisco Public Utilities Commission (SFPUC). Roughly 85 % of SFPUC water comes from the Tuolumne River via the Hetch Hetchy Water System and 15% comes from local sources such as Alameda Creek and Crystal Springs Reservoir. Palo Alto's contract with the SFPUC guarantees the" City up to 17 million gallons of water per day (mgd) during wet and normal years. Palo Alto currently uses an average of about 13 mgd. Palo Alto is a member of the Bay Area Water Supply and Conservation Agency (BAWSCA), which represents the SFPUC's 27 wholesale water customers. The average per capita dally residential water use in the BAWSCA territory is 90 gallons per day (see attached graph). The average iii Palo Alto is 120 gallons per person per day, one of the highest rates in the region. There is much room for improvement. As a result of the Water System Improvement Program that the SFPUC approved last year, the total amount of water allocated to BAWSCA will be capped at 184 mgd until at least 2018. To stay within this cap, BAWSCA has committed to conserving or recycling an additional 22 mgd. By reducing its water use, Palo Alto will play Its role In helping BAWSCA stay within the cap. Other BAWSCA agenCies also will be embarking on water conservation and recycling programs. On February 28, 2008 Governor Schwarzenegger proposed a comprehensive plan for improving conditions in the Sacramento-San Joaquin Delta, including an aggressive new goal for water conservation. The first element on the Governor's list was "a plan to achieve a 20 percent reduction in per capita water use statewide by 2020." Conserving water helps protect natural resources. The Tuolumne - designated a federal Wild and Scenic River in 1984 -provides water for 2.4 million people in the Bay Area, as well as water for agriculture in the Central Valley. Currently, 60% of the Tuolumne is diverted for human uses, and as a result the River has suffered. For example, the salmon population has plummeted from 18,000 in 2000 to fewer than 500 last year. Conserving water also will prepare Palo Alto for an uncertain future. As a result of population growth and climate change, water'will become scarcer in coming years and there will be increasing competition for this vital resource. It behooves the City to begin planning for this challenge now. The new Water Supply Agreement between the SFPUC and its 27 wholesale customers (including Palo Alto), represented by BAWSCA, allows member , agencies to transfer.or sell excess water allocations. This could help drive more innovative water programs and practices. Because Palo Alto is allocated 4 mgd more water than it uses, we have the potential to sell our excess water to other agencies to help fund our water conservation and recycling programs. Possible City Actions Some opportunities the City Manager might explore include the following measures: • Increasing the use of recycled water from our Wastewater Treatment Plant. Opportunities might include using recycled water to recharge our upper aquifer and using that water for landscape irrigation. • Promoting the use of graywater on site. Recent changes to the plumbing code have made this a little easier. • Recommending a water efficient landscape ordinance that encourages the use of drought-tolerant plants and trees. • Expanding water conservation programs, such as, but not limited to, the use of mulch material to encourage water retention in adobe soils . and the use of precision water control and monitoring devices to ensure the appropriate amount of irrigation for 'fields and parks. • Using pricing incentives to encourage greater conservation. • Working more closely with our largest commercial and residential water customers to encourage more conservation. • Exploring a retrofit-on-resale ordinance that requires properties to be upgraded with water efficient appliances and devices at the time of sale. • Implementing a water budget program similar to that used in Redwood . City. • Exploring ordinances aimed at reducing water waste, such as banning the use of hoses to wash off driveways and sidewalks. • Expanding our rebate program for water-efficient appliances. This memo has been reviewed by staff. We look forward to discussing this recommended action with you. BAWSCA Annual Survey ~ FV 2OO7.oa 63 Residential Per Capita Consumption and Single-Family Average Monthly Use Among BAWSCA Members • FY 2007-08 Stanford and Guadalupe Valley excluded due to unique service areas; California Water Service is separated into Its three service areas. ·Residential Single-Family ServIce ·Residential Per Capita Average Area Consumption Consumption Monthly Use Member Poe!!lation ~cc~ lEce!!! (c~ Westborough 12,000 285,265 48.7 7 Daly City 106,361 2,671.556 51.5 8 East Palo Alto 29,690 174,219 53.4 --n/a Brisbane 3,159 90,331 58.6 5 North Coast 40,000 1,155.924 59.2 "nla CalWater -South SF 57,370 1.701,010 60.8 9 San Bruno 40,165 1,356,917 69.2 ··n/a Hayward 149,205 5,086,793 69.9 10 Milpitas 69,419 2,380,541 70.3 12 Coastside 18,887 674,954 73.2 9 Skyline 1.658 63,885 79.0 11 Millbrae 21,387 834,788 80.0 10 Mountain View 73,932 3,050,492 84.6 10 Mld.peninsula 26.050 1.108,593 87.2 10 Redwood City 83,895 3,631,006 88.7 11 Estero 36,000 1,576,730 89.8 13 Santa Clara 114,238 5.109,682 91.7 14 CalWater -Mid-Peninsula 124,279 5,615,040 92.6 12 Alameda CWO 331,000 15,051,716 93.2 13 Burlingame 28,100 1.298,888 94.7 11 Sunnyvale 133,721 6.271,627 96.1 13 San JQse 14,800 698,347 96.7 10 Palo Alto 63,467 3,536,215 114.2 15 Menlo Park 10,308 748,048 148.7 16 CalWater -Bear Gulch 55,501 5,633,409 208.0 28 Hillsborough 10,825 1.678,233 317.7 33 Purlsslma Hills 6,050 985,962 334.0 40 Totals 1,661,467 .13,070,171 Total Averages 90.1 14 Median of ~gencles 83.4 • Includes multi·family and single family accounts • •• East Palo Atto, North Coast. and San Bruno report mulU~family with single family use. Source: BAWSCA FY 2007-08 Annual Survey Table VI A CUlTent Wa,-Use Per Capita January. 2009 Agenda Item # 4-8.3 How Efficiently is Water Used Today? > «I '0 '-K .~ a. «I u t-III Q. 2 Q i qJ ~ :;) Ii .~ ~ i fa \! ~ 0( Residential Per Capita Consumption. FY 2006·07 (in gpcpd) WeslllOt'lltlgh OelJ cn, faSl PafO Allo ertSDant NoIfllCaast cwa·SollthSF san 8I\IrtlI Hayw.rd --_lin. CII8$IiIiGI Millbtet Mountain ViIIW Mla·P4ni1llll11 MEOIAN(01.1) RecIw004CIty Estero Sanla CIaI'II- OWS· Mfd-P8n!I\S1.I!a Alamedl SunllY'!8!e SanJoH 91111ingl/Mo PIIIOAIIO MenlOPIl1l CWS • Sew GuICII HillSlIIltIKrgll puriUlma HIllS ......;.. _____ -:.... _______ ~W!!!!.!!!~4wB.3 350..,.".",=="....".,"""'" High Water Using Areas Represent a Small Percentage of the Population 300 250 200 150 100 50 o 10 20 30 40 50 60 70 80 90 100 Cumulative Percentage of Population