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2020-02-24 City Council Agenda Packet
City Council 1 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. Monday, February 24, 2020 Special Meeting Council Chambers 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 11 days preceding the meeting. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. Public comment may be addressed to the full City Council via email at City.Council@cityofpaloalto.org. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 5:00-6:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, Terence Howzell, and Kiely Nose) Employee Organization: (1) Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6 (a) Study Session 6:00-7:00 PM 2.Study Session on Community PolicingQ&A 2 February 24, 2020 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 Changes, Additions and Deletions Oral Communications 7:00-7:15 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 7:15-7:20 PM 3.Approval of Action Minutes for the February 1, 3, and 10, 2020 Council Meetings Consent Calendar 7:20-7:25 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4.Approval of Contract Number C20175301 With S. Groner and Associates, Inc. in the Amount of $296,000 for Graphic Design and Public Outreach Services for Public Works Watershed Protection 5.Approval of Amendment Number 1 to Contract Number C18169791 With BKF Engineers to Increase the Third Year Funding by $150,000 and Extend the Contract Term for an Additional two Years at $300,000 per Year, for a new Not-to-Exceed Total of $1,200,000 to Provide Surveying and Design Services 6.Approval of Contract Number C20176783 With AECOM Technical Services, Inc. for Professional Services Related to the 2020 Sustainability and Climate Action Plan (S/CAP) Update and SB743 Implementation in the Amount of $573,228; and Approval of an Exemption From Competitive Solicitation for SB743 Scope of Work 7.Approval of a Three-year Agreement With Insight Public Sector for Citywide Microsoft Licensing, Utilizing the County of Riverside Agreement, in the Annual Amount of $497,486 and a Contingency of ten Percent in the Annual Amount of $49,748, for a Total Not-to-Exceed Amount of $547,234 8.Approval of a Blanket Purchase Order With Oldcastle Infrastructure, Inc., as the City's Standard Supplier of Certain Equipment for the Utility's Electric Underground System, in an Annual Amount of $350,000 for a Total Purchase Amount of $1,600,000 Over the Next 4.5 Years 9.Approval to Acquire Replacement Pre-hospital Monitors/Defibrillators for Emergency Responses in a Not-to-Exceed Amount of $709,644 for Fiscal Years 2020-2026 Q&A Q&A Q&A Q&A 3 February 24, 2020 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.SECOND READING: Adoption of an Interim Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow Overnight Safe Parking on Sites in all Zoning Districts With a Church or Religious Institution; Establishing Related Regulations, and Finding the Ordinance Exempt From the California Environmental Quality Act (CEQA) Under Guidelines Section 15301 (FIRST READING: January 13, 2020, PASSED 7-0) 11.Approval of the Appointment of Council Member Kniss as the Alternate to the Santa Clara Valley Transportation Authority (VTA) Group 2 Cities Working Group City Manager Comments 7:25-7:35 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:35-9:00 PM 12.Evaluation of the Neighborhood Traffic Safety and Bicycle Boulevard Phase 1 Project, Including; Acceptance of Findings Regarding Increasing Bicycle Usage, Affirmation or Approval of Project Modifications, Affirmation of Planned Education Activities, and Process to Update Community Engagement; and Acknowledgement of Associated Actions by Staff 9:00-10:00 PM 13.Update From the Ad hoc Committee (Vice Mayor DuBois and Council Member Cormack) on Boards and Commissions and Potential Next Steps Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. Q&A 4 February 24, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Public Letters to Council February 17, 2020 Set 1 February 24, 2020 Set 1/4 February 24, 2020 Set 2/4 February 24, 2020 Set 3/4 February 24, 2020 Set 4/4 City of Palo Alto (ID # 11071) City Council Staff Report Report Type: Study Session Meeting Date: 2/24/2020 City of Palo Alto Page 1 Summary Title: Police Department Study Session with Council Title: Study Session on Community Policing From: City Manager Lead Department: Police Recommendation This is a study session and no action is needed from Council. Background The Police Department’s longstanding mission statement is “to proudly serve and protect the public with respect and integrity.” The Department’s personnel value and expect teamwork, trust, integrity, accountability, a positive attitude, and the professional, impartial treatment of all. We strive to do our best work on a daily basis, and to continually learn as an organization and individuals. Chief Robert A. Jonsen expects all employees of the Police Department to be excellent in everything they do, proactively enforcing the law and serving the Palo Alto community with professionalism and respect. The Police Department works closely with other City departments, the business community, the faith-based community, neighborhood organizations, the Palo Alto Unified School District, and our regional public safety partners to provide the best possible service to everyone within Palo Alto. In November 2019, City Manager directed staff to organize a study session on the current operations of the Police Department. At this study session, Chief Jonsen will inform the City Council of the current Department organizational structure, crime statistics, recent notable accomplishments, administrative oversight and accountability, recent legislative changes, and the evolution of the law enforcement labor force. Discussion Much of the information in this staff report is contained in our recently-released 2019 Annual Report. This document, which is available online for viewing or download at www.cityofpaloalto.org/papd2019, is a comprehensive overview of the Police Department and its operations during 2019. The Annual Report includes information on each facet of the Department and showcases the full range of services that we offer to City of Palo Alto Page 2 the Palo Alto community. Organizational Structure For the Fiscal Year 2020, the Police Department was allocated 150.50 full-time positions and 2.82 hourly positions to serve the community. There are 92 sworn positions and approximately 58 non-sworn and professional staff positions. From the previous year, the Police Department eliminated several positions within the former Animal Services Division, after the City transitioned operations of the animal shelter to the non-profit organization Pets In Need. The Police Department is comprised of four main divisions: • The Field Services Division consists of our uniformed patrol personnel, the most visible representatives of the Department. • The Investigative Services Division consists of the detective bureau, which investigates complex criminal cases; the Traffic Team, which conducts full-time traffic enforcement duties and serves as the liaison with the Palo Alto Unified School District (PAUSD) for school traffic safety; the Special Enforcement Team, which addresses current crime trends; and the property room. • The Technical Services Division consists of the records unit, which operates the public lobby for police services; the 24-hour dispatch center, where Public Safety Dispatchers handle all emergency calls for multiple City disciplines and services; and personnel who work in technology, code enforcement, and other support services. • The Administration Division consists of the Personnel and Training Unit, which handles all hiring and training for the Department; public affairs; budget; and other support services. Below is the current organizational chart for the Police Department for Fiscal Year 2020. City of Palo Alto Page 3 City of Palo Alto Page 4 Crime Statistics The Palo Alto Police Department’s 24-hour dispatch center receives a high volume of calls for service for a mid-sized police agency, spanning police, fire, and medical calls for both Palo Alto and the Stanford University campus, as well as calls for Palo Alto Utilities, Public Works, and Animal Control. Our 24-hour dispatch center is the third- busiest dispatch center in Santa Clara County, and handled 37,452 9-1-1 calls during 2019, 99.5% of which were answered within 15 seconds. For 2019, Palo Alto Police Department officers made 2,185 arrests and issued 6,578 citations. Below are annual statistics of the number of calls for service, offense reports, and traffic collision reports handled by the Palo Alto Police Department dating back eleven years. Year Police Calls For Service Offense Reports Collision Reports 2019 51,417 5,611 836 2018 55,798 5,715 993 2017 54,926 5,938 952 2016 52,366 5,534 969 2015 58,243 6,729 1,025 2014 59,773 6,058 1,108 2013 65,861 5,764 1,173 2012 62,783 5,607 1,001 2011 59,815 4,921 1,096 2010 63,966 5,463 1,037 2009 63,950 6,171 1,011 The Palo Alto Police Department is responsible for annually reporting on Uniform Crime Report (UCR) statistics. Uniform Crime Reporting is a law enforcement program designed to provide a nationwide view of crime based on the submission of statistics by law enforcement agencies throughout the country. Each agency is required to report monthly crime statistics to the California Department of Justice, which in turn forwards the information to the FBI. The FBI then uses this information to publish its annual Uniform Crime Report. For practical purposes, the reporting of known offenses is limited to the crime classifications listed in the Part I Crimes summary because they are crimes most likely to be reported and crimes that occur with sufficient frequency to provide an adequate basis for comparison across the United States. City of Palo Alto Page 5 The chart below shows the past seven years of Palo Alto’s UCR Part 1 crime statistics. While crime trends tend to be cyclical, overall, Palo Alto continues to have a very low rate of violent crime per capita. This past year, statistics showed a decrease in crime rates for the crimes of assault, residential/commercial burglaries, and arson. Crimes 2013 2014 2015 2016 2017 2018 2019 Homicide 0 1 1 1 0 0 1 Rape 4 4 13 10 11 6 10 Robbery1 30 26 26 28 39 30 46 Assault 21 24 27 35 40 38 29 Burglary2 242 273 212 221 215 234 179 Larceny-Theft3 1179 975 1407 1161 1477 1197 1724 Stolen Vehicle 69 68 87 65 92 83 83 Arson 10 3 5 8 6 9 8 Totals 1555 1374 1778 1529 1880 1597 2080 1 Robbery is defined as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. 2 This category includes commercial and residential burglaries, but not auto burglaries 3 This category comprises thefts, which include auto burglaries The notable increase in the “Larceny-Theft” category is due to the rise of auto burglaries, where suspects forcibly break into a locked car and steal property from inside. This rise in auto burglaries is not unique to Palo Alto; rather, it is a regional trend that is plaguing cities throughout the Bay Area and one that all law enforcement agencies are working together to address. Department detectives work with our Special Enforcement Team and Crime Analysis Unit to help direct marked and unmarked patrols to particularly hard-hit areas (almost always commercial areas like shopping centers, parking garages, restaurant parking lots, and other locations where large numbers of cars are left unattended for long periods of time) at specific times of day when burglaries were most likely to occur. The Department also continued its use of the “Lock It or Lose It” educational campaign, routinely urging community members to help us combat this crime trend by always locking their vehicles, and never leaving any valuables behind. Recent Notable Accomplishments Body-Worn Camera Program The Police Department implemented the Body-Worn Camera (BWC) Program in the patrol division in September 2018, after extensive review and testing. The patrol division has five cameras in every marked vehicle and each patrol officer has a BWC on their person. The Palo Alto Police Department was the first and only agency in the county, followed solely by the Stanford Department of Public Safety, that has opted for the most complete package of video recording coverage of police interactions. This City of Palo Alto Page 6 system requires significant storage capacity, as the department created approximately 30,000 hours of video recordings in 2019. The benefit of this comprehensive video coverage is the ability to protect the officers, be accountable to the public in the course and scope of the officer’s duties and create independent evidence of public interactions. Traffic Team Through comprehensive outreach to the community, Chief Jonsen received the feedback that traffic enforcement was a significant priority to the residents of Palo Alto. As staffing permitted, the Department was able to bring back a two-officer dedicated Traffic Team in July 2018 and expanded the team to one sergeant and two officers in July 2019. The team focuses on persistent problems, which include commercial vehicle enforcement, truck route violations, school zone safety, bike routes, and speeding violations. The team also patrols city streets that have undergone recent engineering improvements meant to enhance roadway safety. In 2019, the Traffic Team worked with the Chief’s Advisory Group to focus on enforcement where it was needed most. They discussed community concerns, specific locations and the types of driving violations being observed. This collaboration allowed for direct community input to the team’s enforcement locations. The Traffic Team provided feedback to the community on observations, challenges, and recommendations for each location. From August through December 2019, the Traffic Team visited six target locations 198 times and issued 651 citations. Regional Task Force Partnerships The Police Department recognizes the value of contributing personnel to county-wide task forces, as these important positions help combat crime on a regional level that also affects crime in Palo Alto. In 2019, the Department contributed one sergeant to the Santa Clara County Specialized Enforcement Team (SCCSET) and one officer to the Regional Automotive Theft Task Force (RATTF). SCCSET specializes in investigations related to narcotics, organized crime, violent crimes, gangs, firearms, and other cases affecting public safety and quality of life throughout the county. RATTF specializes in combatting the crime of vehicle theft and related automotive crimes throughout the Bay Area. Both task force relationships have been instrumental in assisting the Police Department with significant criminal investigations within the city limits of Palo Alto. New Positions to Enhance Customer Service Frequent public engagement is extremely important in maintaining a cooperative and transparent relationship with the community we serve. In 2018, the Department created a new Public Affairs Manager position to help communicate all of its activities and emergency messaging. In 2019, in an effort to better serve the community while managing staffing challenges, the City brought back a non-sworn Patrol Community Service Officer program for a one-year trial basis. The two patrol Community Service Officers have been an asset to the patrol division by responding to reports of non-injury collisions, automobile burglaries without suspect information, found and lost property, City of Palo Alto Page 7 and many other non-emergency calls. This program has been a huge success in helping the Department enhance community service and the Department is exploring expansion of this program in the future. Community Engagement The Department has focused on increasing community engagement since 2018 in several ways. In August 2018, Chief Jonsen created the Chief’s Advisory Group, comprised of one representative from each of the residential neighborhoods within Palo Alto. This group meets every other month to discuss topics important to the residents in our community. Some current topics of group discussion are important locations for traffic enforcement, collaboration with the school community on safety topics, crime trends, police policies and procedures, and innovative ideas on recruiting a diverse workforce (though the Department already employs 32 persons who speak a variety of languages including Spanish, German, Korean, Russian, Mandarin, Urdu, Tagalog, Portuguese, Cantonese, Vietnamese, and Farsi). In August 2018, the Department renewed its participation in National Night Out, a nationwide community-building campaign that promotes police-community partnerships and neighborhood camaraderie through police visits to block parties around the City. The Department continued participation in National Night Out in 2019 and plans to take part in it annually moving forward. The Police Department also continues to offer the very popular Basic Citizens Police Academy (CPA). The CPA is an 8-week course meeting once per week that focuses on educating members of the public about the work of policing. Since revamping the program in 2016, 165 community members have attended the Basic CPA program and 145 members have graduated. The Department also recently brought back the Advanced Citizens Police Academy sessions for graduates of the basic curriculum. The advanced sessions are one-night classes that focus on a single area of police operations and provide detailed information about it. Community members regularly request special interaction and instruction from the Police Department staff. These requests take the form of presentations to school children, talking to senior groups about general safety precautions, bicycle “rodeos” teaching children to ride safely, and station tours to community groups, to name a few. In 2019, Department employees handled 35 formal requests for police-community interactions and dozens of informal interaction requests, all towards the goal of building a strong relationship with the community. Technology Enhancements Two significant technical projects were completed in 2019. The Technical Services Division completed the transition of all City of Palo Alto and Stanford Department of Public Safety radio users to the digital Silicon Valley Regional Communications System (SVRCS). This was the culmination of a nine-year effort to improve radio City of Palo Alto Page 8 communications in Santa Clara County and provide interoperability between first responders from all agencies. Another important technical upgrade was the replacement of the mobile data computers (MDCs) in the police patrol vehicles. Administrative Oversight and Accountability In 2019, police officers responded to 51,417 calls for service. During those calls, officers only had to use force to arrest or detain a person in 1 out of every 2,857 contacts. During those same 51,417 calls, officers received a citizen complaint in only 1 out of every 12,854 calls. Below is a chart outlining the numbers of administrative investigations completed at the direction of Police Department command staff. Investigations may be conducted by police sergeants, police managers, or contracted investigators, depending on the circumstance. Command staff reviews all investigations and sends specified investigations to the Independent Police Auditor as directed. The City of Palo Alto retained an Independent Police Auditor (IPA) in 2006 to ensure accountability with Police Department internal investigations. The IPA’s role is to receive public-generated complaints; review Police Department complaint investigations, TASER use of force investigations, and administrative investigations conducted by internal Department staff members; and make recommendations on those investigations and their findings. Prior to 2019, the Palo Alto Police Department and San Jose Police Department had been the only two agencies in Santa Clara County with police auditors. The IPA and the Police Department have maintained a collaborative working relationship through regular conferences about investigations under their purview. Over the past 14 years, the IPA has provided thoughtful considerations for operational and policy modifications. All of the reports generated by City of Palo Alto Page 9 the IPA are viewable on the Department website at www.cityofpaloalto.org/gov/depts/pol/auditor.asp. Members of the public can go online to file a commendation for a Department employee (see www.cityofpaloalto.org/gov/depts/pol/report/employee_commendation.asp) or to file a complaint on a Department employee (see www.cityofpaloalto.org/gov/depts/pol/report/employee_complaint.asp). The Police Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation, training, and a careful balancing of all interests. When personnel are forced to take a violent criminal offender into custody, officers utilize sound defensive tactics techniques and/or tools to do this as safely as possible, with the goal being a minimum of injury to all involved. The safety of the public, officers, and criminal suspects arrested are our highest priorities. Although rare in frequency, the Department has a strict policy in the reporting of the use of force and orders a comprehensive, thorough review of each incident. The Department employs a high standard for that review, even to include any time a person has a complaint of pain despite the lack of a visible injury. Below is a chart showing the breakdown of the categories of force Department personnel used over the past five years. During that time, there were a total of 62 uses of force cases investigated by the Police Department. * One of the 11 TASER applications also included an officer using a carotid restraint. This was the only use of a carotid restraint by a Department member between 2015 and 2019. City of Palo Alto Page 10 The Palo Alto Police Department Policy Manual appears online here: www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=73481.02&BlobID=74121. The Department’s Use of Force policy appears in its entirety in that manual. Recent Legislative Changes 2019 was a significant year of legislative changes at the state level to enhance the transparency of law enforcement agencies throughout California. Senate Bill 1421, effective January 1, 2019, changed the ability of the public and the press to obtain previously confidential police personnel records. This bill amended Penal Code section 832.7 to allow the release of records for an officer discharging a firearm at a person, an officer using force that resulted in great bodily injury, a sustained finding that an officer was engaged in the sexual assault of a person, and a sustained finding regarding an officer committing acts of dishonesty. Previously, such records were only available through a Pitchess motion. Assembly Bill 748, effective July 1, 2019, contains new disclosure provisions, broadly allowing audio and video recordings of “critical incidents” to be released to the public. Critical incidents are defined as either a discharge of a firearm by an officer or the use of any type of force that results in death or great bodily injury. Senate Bill 978, effective January 1, 2020, requires all police departments to publish their policies, practices, operational procedures, and training materials for public viewing, with adherence to the California Public Records Act exemptions. In January 2020, the Police Department published a new “Public Information Portal” on the Department’s website to highlight the legislated police operations and training document releases. That portal is viewable here: https://www.cityofpaloalto.org/gov/depts/pol/public_information_portal_.asp. In response to these legislative changes, the Police Department has redirected staff resources and has anticipated the need for investment in technology to meet the required mandates. Government Code 6253.1 requires public agencies to respond with a focused effort to persons requesting to inspect public records or obtain copies of public records. The release of police documents and associated items requires careful statute analysis, confidential information redaction, video image redaction, video editing, secure digital storage, digital media duplication equipment, and legal review prior to disclosure. In 2019, the Police Department’s records unit processed over 2,600 California Public Records Acts requests. Evolution of the Law Enforcement Labor Force Regionally, there has been a significant decrease in the number of qualified applicants City of Palo Alto Page 11 for police officer positions for more than five years. The Police Department has an allocation of 92 sworn police officer positions and 58 non-sworn professional staff. Recent professional staff vacancies have yielded a solid number of applicants for each position, but the number of qualified applicants for both police officer and public safety dispatcher positions have remained low from previous decades. For the past several years, the Department has had a standing sworn officer vacancy rate of about 10 to 17 positions. These staffing shortages, along with the impact of personal illness leave, injury leave, significant staff time off with the City’s new paid family leave, and approved FMLA leaves make maintaining minimum staffing ratios a challenge. The Department has made significant time investments in recruiting and hiring efforts, to include attending a wide variety of career fairs, visiting colleges, academies, and military bases, and streamlining the complex testing process to move qualified applicants along at a rapid pace, instead of the six months or more the process traditionally required. The Personnel & Training Unit currently prioritizes near- immediate processing of applicants in an effort to hire the best candidates in a highly competitive environment. All of this effort has paid off and the Department currently has only eight sworn vacancies. The Police Department is an evolving organization, with pending eligible retirements annually and the average tenure of officers on patrol currently is eight years of service. The Department recognizes the need for continued thoughtful succession planning, high-quality training, sustained recruitment efforts, and ongoing personnel retention strategies. Looking Forward The government of the City of Palo Alto is dedicated to being responsive to the community and innovative in-service offerings and the Police Department is an active partner in meeting those goals. For 2020, Chief Jonsen will be focusing on several key initiatives to better serve the community. The employees of the Palo Alto Police Department can give their best when they are healthy in mind, body, and spirit. The Department will continue to offer and find new ways to enhance “resiliency training” for all employees to achieve Chief Jonsen’s motto of, “Be Fit, Be Well, Be More.” To better serve the community's need for traffic enforcement, as soon as staffing permits, the Department plans to expand the size of the Traffic Team. To address the recent rise in auto burglaries, the Department will continue to dedicate personnel to focus on those specific criminal investigations. The Department also will continue exploring and developing innovative approaches to service delivery to combat crime. Through the commitment to excellent service by all employees, the Palo Alto Police Department will continue to do our best work in making this city as safe as possible. CITY OF PALO ALTO OFFICE OF THE CITY CLERK February 24, 2020 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the February 1, 3, and 10, 2020 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 02-01-20 DRAFT Action Minutes (PDF) • Attachment B: 02-03-20 DRAFT Action Minutes (PDF) • Attachment C: 02-10-20 DRAFT Action Minutes (PDF) Department Head: Beth Minor, City Clerk Page 2 CITY COUNCIL ANNUAL RETREAT DRAFT ACTION MINUTES Page 1 of 5 Special Meeting February 1, 2020 The City Council of the City of Palo Alto met on this date in the Council Chambers at 9:09 A.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: 1. City Manager Report and City Council Discussion on Accomplishments Addressing Council Priorities, Continuing Multi-year Efforts, and Discussion and Selection of 2020 Council Priorities. Council took a break at 10:53 A.M. and returned at 11:13 A.M. MOTION: Mayor Fine moved, seconded by Council Member Kniss to select the following priorities for 2020: A. Housing; B. Sustainability; and C. Mobility. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A, “with special emphasis on affordability”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “in the context of the changing climate and add to the Motion Part C, “improving mobility for all.” AMENDMENT: Council Member Kou moved, seconded by Council Member Tanaka to add “fiscal” as a subcategory to the Motion Part B, “sustainability.” AMENDMENT FAILED: 2-5 Kou, Tanaka yes MOTION AS AMENDED: Mayor Fine moved, seconded by Council Member Kniss to select the following priorities for 2020: A. Housing, with special emphasis on affordability; DRAFT ACTION MINUTES Page 2 of 5 City Council Annual Retreat Draft Action Minutes: 02/01/2020 B. Sustainability, in the context of the changing climate; and C. Improving mobility for all. MOTION AS AMENDED PASSED: 7-0 Council took a break at 12:27 P.M. and returned at 1:00 P.M. 2. Policy and Services Committee Recommends Council Review and Discuss the Council's Procedures and Protocols Handbook. MOTION: Council Member Filseth moved, seconded by Council Member Kniss to: A. Approve the initial round of edits to the Council Procedures and Protocols (CPP) Handbook which were intended to make legally required changes, delete obsolete provisions, and update section to reflect current practices, with the following changes: i. Allow a 10-minute break; ii. Add Links to Government and Municipal Code Sections, Reports, and Supporting Documents; iii. Add reference to Rosenberg’s Rules and provide a link; iv. Ensure “Planned Community” is deleted from document; v. Review reference to “Policy and Procedure for Responding to Customer Complaints;” vi. 7.2. A. change “activates” to “activities;” and vii. Section 7.9 is missing. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion “Draft a sentence which would state, when reports are not ready 11 days in advance for major complex projects and policies, the City Manager and Mayor would have the discretion to move the item to a later date” (New Part A. viii.). INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion “Ensure the 11-day reporting requirement would have its own section in the Procedures and Protocols” (New Part A. ix.). DRAFT ACTION MINUTES Page 3 of 5 City Council Annual Retreat Draft Action Minutes: 02/01/2020 MOTION AS AMENDED: Council Member Filseth moved, seconded by Council Member Kniss to: A. Approve the initial round of edits to the Council Procedures and Protocols (CPP) Handbook which were intended to make legally required changes, delete obsolete provisions, and update section to reflect current practices, with the following changes: i. Allow a 10-minute break; ii. Add Links to Government and Municipal Code Sections, Reports, and Supporting Documents; iii. Add reference to Rosenberg’s Rules and provide a link; iv. Ensure “Planned Community” is deleted from document; v. Review reference to “Policy and Procedure for Responding to Customer Complaints;” vi. 7.2. A. change “activates” to “activities;” vii. Section 7.9 is missing; viii. Draft a sentence which would state, when reports are not ready 11 days in advance for major complex projects and policies, the City Manager and Mayor would have the discretion to move the item to a later date; and ix. Ensure the 11-day reporting requirement would have its own section in the Procedures and Protocols. MOTION AS AMENDED PASSED: 7-0 MOTION: Vice Mayor DuBois moved, seconded by Council Member Filseth to approve the proposed changes to Section 2.4.B, Telephonic Attendance of Council Members at Council Meetings. SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Council Member Kniss to change Section 2.4.B, Telephonic Attendance of Council Members at Council Meetings, to align with State law which would change the remote posting of meeting notice to 72 hours in advance for a Regular Meeting, and 24 hours in advance for a Special Meeting. SUBSTITUTE MOTION FAILED: 2-5 Kniss, Tanaka yes DRAFT ACTION MINUTES Page 4 of 5 City Council Annual Retreat Draft Action Minutes: 02/01/2020 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to change the word “actively” to “strongly.” MOTION AS AMENDED RESTATED: Vice Mayor DuBois moved, seconded by Council Member Filseth to approve the proposed changes to Section 2.4.B, Telephonic Attendance of Council Members at Council Meetings and: A. The requirement related to remote posting of meeting notice shall align with State law which would require notice 72 hours in advance for a Regular Meeting, and 24 hours in advance for a Special Meeting; B. Change the word “actively” to “strongly.” MOTION AS AMENDED PASSED: 6-1 Tanaka no MOTION: Council Member Filseth moved, seconded by Mayor Fine to approve the proposed changes to Section 2.4.H, Consent Calendar. MOTION PASSED: 6-1 Tanaka no MOTION: Council Member Tanaka moved, seconded by Vice Mayor DuBois to change Section 2.4.J, Council Requests to Remove Item, to state “Two Council Members may request that an item be removed from the Consent Calendar…” MOTION FAILED: 3-4 DuBois, Kou, Tanaka yes MOTION: Vice Mayor DuBois, seconded by Council Member XX to direct Policy and Services Committee to review possible changes to Section 2.4.L, Consent Calendar Categories and whether contracts above a given dollar threshold should be placed on the Action Agenda. MOTION FAILED DUE TO THE LACK OF A SECOND MOTION: Council Member Tanaka moved, seconded by Vice Mayor DuBois to direct the Finance Committee to come up with proposed thresholds for Council to consider related to Section 2.4.L, Consent Calendar Categories, which determines the eligibility for items to be placed on the Consent Calendar. MOTION PASSED: 4-3 Cormack, Filseth, Fine no MOTION: Council Member Kniss moved, seconded by Council Member Tanaka to change Section 2.4.V., Motions, to include a procedure that Council should begin work on an Action Item with a Motion, followed by public comment and Council discussion and action. DRAFT ACTION MINUTES Page 5 of 5 City Council Annual Retreat Draft Action Minutes: 02/01/2020 MOTION FAILED: 2-5 Kniss, Tanaka yes MOTION: Council Member Filseth moved, seconded by Council Member Kou to retain Section 2.3.H, “Respect the ‘One Hour’ Rule for Staff Work,” as written. MOTION PASSED: 7-0 MOTION: Council Member Kniss moved, seconded by Council Member Tanaka to refer Section 7, City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement, to the Finance Committee for review and discussion. SUBSTITUTE MOTION: Council Member Filseth moved, seconded by Council Member Cormack to refer to the Policy and Services Committee for review and discussion Council Procedures and Protocols, Section 7, City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion “Consider whether to make City Council travel expense reports available to the public.” SUBSTITUTE MOTION AS AMENDED: Council Member Filseth moved, seconded by Council Member Cormack to refer the following to the Policy and Services Committee for review and discussion: A. Council Procedures and Protocols, Section 7, City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement; and B. Consider whether to make City Council travel expense reports available to the public. SUBSTITUTE MOTION AS AMENDED PASSED: 7-0 MOTION: Council Member Cormack moved, seconded by Council Member XX to refer to Policy and Services Committee the possible establishment of a protocol for the use of electronic devices during a public meeting. MOTION FAILED DUE TO THE LACK OF A SECOND Adjournment: The meeting was adjourned at 2:44 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting February 3, 2020 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:00 P.M. Present: Cormack; DuBois arrived at 5:10 P.M., Filseth, Fine, Kniss, Kou, Tanaka Absent: Special Orders of the Day 1. Recognition of Palo Alto City Library 2020 Kids and Teen Writing Contest Winners. 2. Fire Safety Month Poster Award Recognition to Palo Alto Unified School District Students for Excellence in Art, Creativity, and Messaging. NO ACTION TAKEN Closed Session 3. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Subject: Miriam Green v. City of Palo Alto Santa Clara County Superior Court Case No. 16CV300760 (One Case, as Defendant) Authority: Government Code Section 54956.9(d)(1). 4. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Subject: Andrew Valentine v. City of Palo Alto Santa Clara County Superior Court Case No. 19CV344693 (One Case, as Defendant) Authority: Government Code Section 54956.9(d)(1). MOTION: Council Member Kniss moved, seconded by Council Member Filseth to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:19 P.M. Council returned from Closed Session at 7:04 P.M. DRAFT ACTION MINUTES Page 2 of 5 City Council Meeting Draft Action Minutes: 02/03/2020 Mayor Fine announced no reportable action. Agenda Changes, Additions and Deletions None Minutes Approval 5. Approval of Action Minutes for the January 21, 2020 Council Meeting. MOTION: Council Member Cormack moved, seconded by Council Member Kniss to approve the Action Minutes for the January 21, 2020 Council Meeting. MOTION PASSED: 7-0 Consent Calendar MOTION: Council Member Cormack moved, seconded by Council Member Kniss to approve Agenda Item Numbers 6-10. 6. Approval and Authorization for the City Manager or Designee to Execute Contract Number C20175147 for an Emergency Vehicle Traffic Signal Preemption System (PL-19000) With Trafficware as a Pilot Project in a Total Not-to-Exceed Amount of $597,500, for a Maximum of Four Years. 7. Approval of Contract Number C20174814 With Lime Energy Services for a Total Not-to-Exceed Amount of $1,820,000, and for a Term of Three Years, to Provide Energy Efficiency Services to Small and Medium Businesses. 8. Approval of Amendment Number 3 to Contract Number C16161210 With Shah Kawasaki Architects, Inc. to add a Not-to-Exceed Amount of $102,141 to Provide Continued Construction Administration and LEED Certification Services for the Fire Station 3 Replacement Project (PE- 15003), for a new Total Not-to-Exceed Amount of $916,383. 9. Approval of Contract Number C20177344 With Bear Electrical Services for the Provision of On-call Traffic Signal and Electrical Services for a Term of 36 Months With a Maximum Total Compensation Not-to- Exceed $375,000. 10. Appointment of 2020 Emergency Standby Council. MOTION PASSED: 7-0 DRAFT ACTION MINUTES Page 3 of 5 City Council Meeting Draft Action Minutes: 02/03/2020 Action Items 11. Update and Discussion of the Planning and Development Services Housing Work Plan and Direction to Modify or Direct new Assignments Related to Housing and Other Department Assignments (Continued From January 21, 2020). MOTION: Mayor Fine moved, seconded by Council Member Kniss to: A. Reauthorize Planned Communities for residential projects and mixed-use projects that improve the jobs to housing balance; B. Housing will be a public benefit, and proposals should include 20% inclusionary BMR housing; C. Everything is negotiable at the Staff level, but take-it-or-leave-it at the Council level; D. Revisit this program in 36 months; E. Direct Staff to prioritize workplan ideas according to which support our housing production targets, including scalable zoning changes to support housing; F. Direct the City Manager to return with a resourcing recommendation for Planning and Development Services; and G. Explore options for using public land for affordable housing projects. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to include in Motion Part A, “…mixed-use projects that supply enough housing to cover the net, new job creation”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, Part H, “Refer to the Finance Committee a proposal to consider an affordable housing tax”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, Part I, “Direct Staff to develop metrics for tracking housing”. DRAFT ACTION MINUTES Page 4 of 5 City Council Meeting Draft Action Minutes: 02/03/2020 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to include in Motion Part B, “…and have Staff balance that across the range of Area Median Income (AMI)”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to include in Motion Part C, “Guidelines: everything is negotiable…”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to include in Motion Part D, “…with a Council update in 18 months”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to include in Motion Part A, “Reauthorize Planned Communities (Planned Home Zoning, PHZ)…”. MOTION AS AMENDED RESTATED: Mayor Fine moved, seconded by Council Member Kniss to: A. Reauthorize Planned Communities (Planned Home Zoning, PHZ) for residential projects and mixed-use projects that supply enough housing to cover the net, new job creation; B. Housing will be a public benefit, and proposals should include 20 percent inclusionary BMR housing, and have Staff balance that across the range of Area Median Income (AMI); C. Guidelines: everything is negotiable at the Staff level, but take-it-or-leave-it at the Council level; D. Revisit this program in 36 months, with a Council update in 18 months; E. Direct Staff to prioritize work plan ideas according to which support our housing production targets, including scalable zoning changes to support housing; F. Direct the City Manager to return with a resourcing recommendation for Planning and Development Services; G. Explore options for using public land for affordable housing projects; DRAFT ACTION MINUTES Page 5 of 5 City Council Meeting Draft Action Minutes: 02/03/2020 H. Refer to the Finance Committee, a proposal to consider an affordable housing tax; and I. Direct Staff to develop metrics for tracking housing. MOTION AS AMENDED PASSED: 7-0 Council took a break at 10:25 P.M. and returned at 10:31 P.M. 12. Finance Committee Recommends Council Accept the Fiscal Year 2021 - Fiscal Year 2030 Long Range Financial Forecast and Fiscal Year 2021 Budget Development Guidelines. MOTION: Council Member Cormack moved, seconded by Vice Mayor DuBois to accept the Fiscal Year 2021 to 2030 General Fund Long Range Financial Forecast (Base Case), and the City Manager’s Report 10727, including the Fiscal Year 2021 Annual Budget Development Guiding Principles. AMENDMENT: Council Member Tanaka moved, seconded by Council Member XX to direct Staff look at the actuals of the long-range financial forecast. AMENDMENT FAILED DUE TO THE LACK OF A SECOND MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 11:01 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Regular Meeting February 10, 2020 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:03 P.M. Present: Cormack, DuBois; Filseth arrived at 6:05 P.M., Fine, Kniss, Kou, Tanaka Absent: Special Orders of the Day 1. Proclamation Honoring the 100th Anniversary of the League of Women Voters of Palo Alto. NO ACTION TAKEN. 2. Recognition of the Firefighters who Responded to the Sonoma County and Ventura County Fires in 2019. Closed Session 3. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Subject: ABG-PACT Owner v. City of Palo Alto et al. Santa Clara County Superior Court, Case No. 19cv352355 Authority: Government Code Section 54956.9 (d)(1). 4. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Subject: Written Liability Claim Against the City of Palo Alto By Julio Arevalo (Claim No. C19-0112) Authority: Government Code Section 54956.9 (e)(3). MOTION: Council Member Kniss moved, seconded by Council Member Filseth to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 6:29 P.M. Council returned from Closed Session at 7:58 P.M. Mayor Fine announced no reportable action. DRAFT ACTION MINUTES Page 2 of 5 City Council Meeting Draft Action Minutes: 2/10/2020 Agenda Changes, Additions and Deletions Agenda Item Number 2 was removed from the Agenda. Minutes Approval 5. Approval of Action Minutes for the January 27, 2020 Council Meeting. MOTION: Council Member Cormack moved, seconded by Mayor Fine to approve the Action Minutes for the January 27, 2020 Council Meeting. MOTION PASSED: 7-0 Consent Calendar MOTION: Council Member Cormack moved, seconded by Vice Mayor DuBois to approve Agenda Item Numbers 6-9. 6. Approval of two Professional Services Agreements for On-call Construction Inspection Services for Water, Gas, Wastewater Collection, and Electric Utility Capital Improvement Projects With: 1) 4Leaf, Inc. (C20176888A) for a Not-to-Exceed Amount of $2,000,000; and 2) Park Engineering, Inc. (C20176888B) for a Not-to-Exceed Amount of $1,000,000, for a Total Not-to-Exceed Amount of $3,000,000 for up to Five Years. 7. Approval of Amendment Number 2 to Contract Number S16163447 With Brad Horak Consulting for Public Safety Network and Wireless Consulting Services to Increase the Amount by $40,000 for a new Not-to-Exceed Amount of $140,000. 8. Adoption of an Ordinance Dedicating 0.64 Acres of Land Adjacent to 3350 Birch Street to Become Part of Boulware Park. 9. Resolution 9879 Entitled, “Resolution of the Council of the City of Palo Alto Amending the Administrative Penalty Schedule to add Penalties Related to Planned Community (PC) Ordinance Number 5069/Title 18 (Zoning).” MOTION PASSED: 7-0 Action Items 10. TEFRA HEARING, Regarding Conduit Financing for Palo Alto Housing Corporation, on Behalf of the Wilton ECR, L.P. Project Located at 3703-3709 El Camino Real, Palo Alto; and Resolution 9880 Entitled, DRAFT ACTION MINUTES Page 3 of 5 City Council Meeting Draft Action Minutes: 2/10/2020 “Resolution of the Council of the City of Palo Alto Approving the Issuance of Revenue Bonds by the California Municipal Finance Authority for the Purpose of Financing the Acquisition, Development, Construction and Equipping of a 59-unit Multifamily Rental Housing Facility for Low-income Households and Other Matters Relating Thereto.” TEFRA Hearing opened at 8:23 P.M. TEFRA Hearing closed at 8:25 P.M. MOTION: Vice Mayor DuBois moved, seconded by Council Member Cormack to adopt the Resolution approving the issuance of the bonds by the California Municipal Finance Authority for the benefit of Wilton ECR, L.P. MOTION PASSED: 7-0 11. Council Appointed Officers’ Committee Recommendation That Council Discuss and Accept the Report “Internal Auditing Practices: City of Palo Alto Relative to Industry Practices” and Provide Direction on Next Steps (Continued From January 21, 2020). MOTION: Council Member Filseth moved, seconded by Council Member Kniss to: A. Accept the report; and B. Direct the Mayor to appoint an Ad Hoc Committee to fill the City Auditor function which would allow consideration of firms. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to amend Motion Part B to state, “…to assign the CAO Committee to develop a specification for…”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to amend Motion Part B to state, “… City Auditor Function which would focus on consideration of firms”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion Part B, “to be completed within 90 days”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion Part B, “…to develop and issue a specification…”. DRAFT ACTION MINUTES Page 4 of 5 City Council Meeting Draft Action Minutes: 2/10/2020 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion Part B, “…and return to Council with responses”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “With an understanding that the scope of work will include a city-wide risk assessment”. (New Part C) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “The CAO Committee will discuss the exact array and focus of auditing services”. (New Part D) MOTION AS AMENDED RESTATED: Council Member Filseth moved, seconded by Council Member Kniss to: A. Accept the report; and B. Direct the Mayor to assign the CAO Committee to develop and issue a specification for the City Auditor function which would focus on consideration of firms, to be completed within 90 days and return to council with responses; and C. With an understanding that the scope of work will include a city-wide risk assessment; and D. The CAO Committee will discuss the exact array and focus of auditing services. MOTION PASSED: 7-0 Council took a break from 9:38 P.M. and returned at 9:45 P.M. 12. Review the Preferred Alternative Concept Plan for San Antonio Road and East Charleston Road Intersection and Direct Staff to Initiate and Complete Final Design Plans, Environmental Analysis, Specifications and Estimates for Construction. MOTION: Vice Mayor DuBois moved, seconded by Council Member Cormack to approve Concept Plan D as the preferred alternative for San Antonio Road and East Charleston Road intersection and direct Staff to initiate and complete final design plans, environmental analysis, specifications and estimates for construction. MOTION PASSED: 7-0 DRAFT ACTION MINUTES Page 5 of 5 City Council Meeting Draft Action Minutes: 2/10/2020 13. Resolution 9881 Entitled, “Resolution of the Council of the City of Palo Alto Scheduling the City Council Summer Break and Winter Closure for 2020.” MOTION: Mayor Fine moved, seconded by Vice Mayor DuBois to adopt the Resolution scheduling the City Council 2020 Summer Break and Winter Closure. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 10:30 P.M. City of Palo Alto (ID # 10374) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/24/2020 City of Palo Alto Page 1 Summary Title: Approval of Contract for PWD Watershed Protection Public Outreach Title: Approval of Contract Number C20175301 With S. Groner and Associates, Inc., in the Amount of $296,000 for Graphic Design and Public Outreach Services for Public Works Watershed Protection From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute Contract C20175301 with S. Groner Associates, Inc. (Attachment A), for an amount not- to-exceed $296,000 for graphic design and public outreach services for Public Works Watershed Protection for a term of three years. Background/Discussion The City of Palo Alto (City) is required to implement pollution prevention and outreach programs targeting residents, businesses, and industry to reduce the quantity of pollutants entering the sewer and storm drain systems. Outreach services are required by both the Municipal Regional Stormwater Permit and the National Pollution Discharge Elimination System Permit. The work to be performed under this contract includes: 1. Graphic design services for advertising and outreach materials, reports, promotional items, web design and interface services, and other supporting outreach 2. Media relations 3. Language translations 4. Advertising administration City of Palo Alto Page 2 On August 19, 2019 the City released a Request for Proposals (RFP) for the Public Works Watershed Protection Public Outreach contract. Summary of RFP Process Contract duration 3 years Number of vendors notified of RFP via PlanetBids 33 Total Days to Respond to RFP 37 Number of Proposals Received 3 Proposal Price Range for Year 1 of contract $129,055-$130,172 An evaluation committee consisting of City staff reviewed the proposals to ensure each firm met the criteria identified in the RFP. The proposals were judged by the following criteria: Quality of the proposal Quality, performance, and effectiveness of the solution, goods, and/or services to be provided Experience Contractor's financial stability Contractor's ability to perform the contract within the time specified Contractor's prior record of performance with city or others Contractor's ability to provide future maintenance, repairs to parts, and/or services Contractor's compliance with applicable laws, regulations, policies, and guidelines Cost Interviews were conducted on November 15, 2019 to evaluate bidders. The firm S. Groner Associates, Inc. was selected based on quality of outreach materials, experience with stormwater and wastewater pollution prevention outreach, and extensive experience with green stormwater infrastructure public education development, which is a primary deliverable for Year 1 of the contract. The services are budgeted to cost up to $130,000 in Year 1 of the contract and $83,000 in Years 2 and 3 of the contract ($296,000 over the 3-year contract term). Stakeholder Engagement The solicitation for this contract did not require public engagement. However, the consultant will support Public Works-Watershed Protection public engagement efforts through the development of educational and outreach materials. Resource Impacts Funding for this contract is available in the Wastewater Treatment Fund and the Stormwater Management Fund Fiscal Year 2020 operating budgets. Funding for the subsequent years of the contract is subject to Council approval of the annual operating budget. Policy Implications This recommendation does not represent any change to existing City policies. City of Palo Alto Page 3 Environmental Review The services to be provided under this contract are not a “project” subject to environmental review under the California Environmental Quality Act (CEQA) because they will not cause a direct physical change in the environment or a reasonably foreseeable indirect change in the physical environment. This contract is for outreach and graphic design only. Attachments: Contract C20175301 S. Groner Staff Report Attachment Professional Services Rev. April 27, 2018 1 CITY OF PALO ALTO CONTRACT NO. C20175301 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND S. GRONER ASSOCIATES, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 24th day of February, 2020, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and S. GRONER ASSOCIATES, INC., a California corporation, located at 100 West Broadway Suite 290, Long Beach, CA 90802 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to develop and administer a series of pollution prevention and outreach programs (“Project”) and desires to engage a consultant to assist with graphic design and media relations in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through February 23, 2023 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 2 of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Two Hundred Ninety-six Thousand Dollars ($296,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Ninety- six Thousand Dollars ($296,000). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 3 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 is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Stephen Groner as the Project Director to have supervisory responsibility for the performance, progress, and DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 4 execution of the Services and Suzi Senna as the project manage to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Julie Weiss, Public Works Department, Environmental Services Division, 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone:650.329.2117., email: Julie.Weiss@cityofpaloalto.org. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 5 [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrent- ly with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 6 receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 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 DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 7 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: S. GRONER ASSOCIATES, INC. 100 West Broadway Suite 290 Long Beach, CA 90802 SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 8 (a) All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 9 26.1 CONSULTANT is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any contract for public works construction, alteration, demolition, repair or maintenance. SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. 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. 27.3. 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. 27.4. 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. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6. 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. 27.7. 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 DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 10 be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 27.10 All unchecked boxes do not apply to this Agreement. 27.11 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. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 11 CONTRACT No. C20175301 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager or designee APPROVED AS TO FORM: __________________________ City Attorney or designee (Required on Contracts over $25,000) S. GRONER ASSOCIATES INC. Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Bich Thuy Groner Board Secretary President Stephen Groner Professional Services Rev. April 27, 2018 12 EXHIBIT “A” SCOPE OF SERVICES BACKGROUND: To fulfill its responsibilities as an operator of the Regional Water Quality Control Plant (RWQCP), and as a co-permittee in the Santa Clara Valley Nonpoint Source Pollution Control Program, the City of Palo Alto (CITY) is required to develop and administer a series of pollution prevention and outreach programs targeting residents, businesses and industry to reduce the quantity of pollutants entering the sewer and storm drain systems. Outreach is directed by CITY staff within the Public Works Environmental Services Division/Watershed Protection for the RWQCP. The RWQCP is owned and operated by CITY, but is funded in part by and provides service to its six partner agencies: East Palo Alto Sanitary District, Los Altos, Los Altos Hills, Mountain View, Palo Alto, and Stanford. Because lower South San Francisco Bay has been listed as an impaired water body, the RWQCP public outreach program must be effective and search for new opportunities to inspire behavior change in target groups. Task 1–Develop Integrated Outreach Strategies and Materials Examples of RWQCP audiences include: residents regarding stormwater pollution prevent, sea level rise, horizontal levees, green stormwater infrastructure, less-toxic pest control and correct disposal of pesticides, pharmaceuticals, fats oils and grease, and other potential water pollutants; businesses and industry regarding plastics elimination, expanded use of recycled water for irrigation and toilet flushing and environmental compliance requirements; other government agencies that the CITY collaborates with to achieve water pollution prevention goals. CONSULTANT shall assist Watershed Protection with developing integrated outreach strategies and materials for audiences primarily within the RWQCP service area. Specifically, CONSULTANT shall: A. Develop an annual outreach plan with the CITY’s project manager at the start of each calendar year incorporating traditional and social media. CONSULTANT shall assist CITY staff in strategizing how to reach RWQCP service area target audiences and leveraging the annual advertising budget of $25,000; B. CONSULTANT shall create traditional outreach materials and provide graphic design services to include: a. Utility bill inserts, print and digital ads, factsheets, newspaper articles, Op-Ed pieces, displays, brochures; b. Formatting and design for annual reports; c. Promotional items for schools, special events, and businesses; d. Customized illustrations and artwork for a variety of formats (displays, brochures); e. High-resolution photographs with a regional context (e.g., local wildlife, Bay habitats); f. Images, charts and graphs clearly explaining complicated information or a compelling call to action; g. Videos and animated images for theater and online advertising; h. Movie making including story and script development, animation and graphics; i. Online games; C. CONSULTANT shall coordinate with outside printers and CITY’s in-house copying services. Any artwork designed for this contract shall become the property of the City of Palo Alto. DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 13 Task 2– Advertising Administration CONSULTANT shall assume administrative responsibilities for the placement and payment of advertising. CONSULTANT shall: a. Establish $25,000 of the total contract amount each year for advertising in local theaters, papers, Facebook, web banners and other venues; b. Receive approval for all ads and ad scheduling by the CITY’s project manager before placement; c. Interact with advertising venues to schedule and confirm ad placement and duration of run; d. Ensure accurate billing and timely payment; e. Provide a balance of the advertising budget and current contract balance with each billing cycle and copies of paid invoices itemizing where ad placement occurred; f. Upon request, CONSULTANT shall provide a detailed report on ad placement in each outreach venue listing which ads ran, total run dates and cost; g. Upon request, CONSULTANT shall place ads and/or utilize creative materials not designed by CONSULTANT for outreach material production as needed. Task 3–Web Content CONSULTANT shall assist RWQCP staff as needed in developing and maintaining web content for its website www.cleanbay.org and may include creative elements including photographs (including original photography, if needed), graphics, charts and other elements. These services are applied to www.cleanbay.org which serves the RWQCP service area. RWQCP staff maintains the website. CITY may request that CONSULTANT make significant design changes for the website; upon request, CONSULTANT will work with RWQCP and CITY IT staff to make the changes. www.cleanbay.org. Task 4– Media Relations CONSULTANT shall work closely with RWQCP staff to cultivate relationships with media within the RWQCP service area with the goal of increasing local media coverage about water pollution prevention. Because the RWQCP’s service area is confined to a small geographic location outreach strategies and media contacts must be appropriately targeted and timed to avoid conflict with other Bay Area agency pollution prevention programs and to complement regional media and outreach efforts. a) CONSULTANT shall work with CITY staff to develop and maintain a comprehensive outreach resource list that includes local community newsletters and outreach opportunities specific to the RWQCP service area. Task 5–Language Translations CONSULTANT shall provide print and audio language translations for Spanish, Korean, Cantonese and other languages as needed. DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 14 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. Task 1–Develop integrated outreach strategies and materials CONSULTANT shall develop 2020-2021 Outreach Plan with City’s Project Manager by April 6, 2020. Task 2– Advertising administration. CONSULTANT shall: a) provide an advertising schedule for approval for each campaign within ten days of request by the CITY’s project manager (unless agreed to otherwise); b) Assume monthly administrative responsibilities for the timely placement and payment of advertising. Task 3–Website content CONSULTANT shall provide technical and creative services for cleanbay.org as needed by the date mutually agreed by CONSULTANT and CITY’S Project Manager for each campaign. Task 4– Media relations CONSULTANT shall provide media relations services as specified by the RWQCP outreach plan by the date mutually agreed by CONSULTANT and CITY’S Project Manager. Task 5–Language translations CONSULTANT shall provide print and audio language mutually agreed by CONSULTANT and CITY’S Project Manager at the time of the requested translation. DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 15 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $196,000 (Develop Integrated Outreach Strategies and Materials) Task 2 $75,000 (Advertising Administration) Task 3 $10,000 (Web Content) Task 4 $9,000 (Media Relations) Task 5 $1,500 (Language Translation) Sub-total Basic Services $291,500 Reimbursable Expenses $4,500 Total Basic Services and Reimbursable expenses $296,000 Additional Services (Not to Exceed) $0 Maximum Total Compensation $296,000 DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 16 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: Stock images, and miscellaneous outreach materials as need and approved by the CITY’s Project Manager. A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $100 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 17 EXHIBIT “C-1” SCHEDULE OF RATES S. Groner Associates Fully Burdened Hourly Rates* JOB FUNCTION RATES Project Director $187.00 Strategic Director $172.00 Project Manager $165.00 Creative Director $165.00 Sr. Project Coordinator $150.00 Sr. Graphic Designer $150.00 Public Affairs/Media Relations Manager $150.00 Graphic Designer $130.00 Project Coordinator $130.00 Sr. Research/Survey Coordinator $150.00 Research/Survey Coordinator $130.00 Multimedia Services $130.00 Project Specialist $114.00 Copywriter $114.00 Outreach Specialist $106.00 Social Media Coordinator $106.00 *Staff billing rates are adjusted annually on January 1rst based on the regional inflation/cost of living index. EXPENSES Local Mileage Current Federal Per Diem Out of Pocket Expenses Bill at Cost + 10% Translation Costs .40/word DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 1 DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 1 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Professional Services Rev. April 27, 2018 2 THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/21/2019 Arthur J. Gallagher & Co.Insurance Brokers of CA. Inc, LIC # 0726293100 Oceangate #850Long Beach CA 90802 Sarah_Meredith@ajg.com Fireman's Fund Insurance Company 21873 Beazley Insurance Company, Inc.37540S. Groner and Associates, Inc.100 W. Broadway, #290Long Beach CA 90804 694566606 A X 2000000 X 100000 10000 2000000 4000000 X Y AZC 80927064 3/1/2019 3/1/2020 4000000 A 1000000 X X AZC 80927064 3/1/2019 3/1/2020 B Professional Liab.Claims Made Policy V12A5C190801 6/4/2019 6/4/2020 LimitDeductibleRetro Date $1Mil / $3Mil$5,000 Per Claim01/01/1998 THE CITY OF PALO ALTO, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES are included as Additional Insured as respects GeneralLiability Coverage per form AB91890807. City of Palo Alto250 Hamilton AvenuePalo Alto CA 94301 DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 Do c u S i g n E n v e l o p e I D : C F 6 3 E F 2 0 - F 4 1 0 - 4 7 C F - 8 E C C - 3 4 0 2 8 D 8 D D 4 1 8 ABC MultiCover -AB 91 89 08 07 This endorsement modifies insurance provided under the following: American Business Coverage Your policy is broadened and clarified as follows: I. Non Employment Discrimination Liability Unless Personal Injury or AdHrtising Injury is excluded from th is policy: A. Section Ill -Definitions, Item 17. Personal Injury is amended to include: f. Discrimination B. Section Ill -Definitions, Item 2. Advertising Injury is amended to incl ude: c. Discrimination C. Section Ill -Definitions is amended to in- clude: 30. Discrimination means the unlawful treat- ment of individuals based on race. color. ethnic origin, gender, religion, age, or sexual prclcrcncc. D. Section II -Liability Coverage, Part H. Ex- clusions, Item I .p Personal Injury or Adver- tising Injury is amended to include: (I I) Arising out or discrimination directly or indirect ly related to the past employ- ment, employment or prospective em- ployment or any person or class or persons by any insured; or (12) Arising out or discrimination directly or indirect ly related to the sale. rental. lease or sub-lease or prospective sale. rental. lease or sub-lease or any dwelling, permanent lodging, or premises by or at the direction or any insured; or ( 13) Arising out of discrimination, if insurance thereof' is prohibited by law; or ( 14) Fines. penalties, specific pcrfonnancc, or injunctions levied or imposed by a go- vernmental entity. or governmental code. law, or statute because or discrimination. 2. Blanket Add itional Insured Section II -Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: r. Any person or organization that you arc re- quired by a written insured contract to include as an insured, subject to all of the following provisions: (I) Coverage is limited to their liability aris- ing out or (a) the ownership, maintenance or use or that part or the premises. or land owned by. rented to. or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insurcd's financial control or you; or (cl) the maintenance, operation or use by you or equipment leased to you by such pcrson(s) or organization(s); or This Fonn rnust be attad1ed lo Change Endorsernenl when issued after the policy is written. One or the Fin'.lnan·s Funu lns1iranl'.C Coinpanics as narned in the policy ~fl~ cA f).~~t Senclllry 0 U President AB9189 8-07 Page I or 6 Do c u S i g n E n v e l o p e I D : C F 6 3 E F 2 0 - F 4 1 0 - 4 7 C F - 8 E C C - 3 4 0 2 8 D 8 D D 4 1 8 (c) a state or political subdivision per- mit issued to you. (2) Coverage docs not apply to any occur- rence or offense: (a) which took place before cution or, or subsequent complet ion or expiration written insured contract, or the cxc- to the or. the (b) wh ich takes place after you cease to be a tenant in that premises. (3) With respect to architects, engineers, or surveyors, coverage docs not apply to Bodily Injury, Property Damage, Per- sonal Injury or Adwrtising Injury arising out or the rendering or the fa ilure to render any professional services by or for you including: (a) The preparing, approving, or failing to prepare or approve maps, draw - ings, opinions, reports, surveys, change orders, designs or spcci rica- tions; and (b) Supervisory, inspection, or cng1-. . nccnng services. 1 f' an Additional Insured endorsement is attached to this policy that spcci fica lly names a person or organization as an insured, then this coverage docs not apply to that person or organization. 3. Blanket Additional Insured for Vendors Unless the Products-Completed Operations Haz- ard is excluded from this policy, Section II -Li- ability Orvcrage, Part I. Who Is an Insured Item 2. is amended to include: g. Any vendor but only with respect to Bodily Injury or Property Damage arising out or your products wh ich arc di stributed or sold in the regular course or the vendor's business. sub- ject to the following additional exclusions: AB9189 8-07 I. The insurance affr>rdcd the vendor docs not apply to: a. Bodily Injury or Property Damage for which the vendor is obligated to !XIV damat!CS bv reason of' the . ~ . b. assumption or liability in a contract or agreement. This exclusion docs not apply to liabi lity fr>r damages that the vendor would have in the absence 0 r the contract or agree- ment; Any express warranty unauthorized by you; c. Any physical or chemical change in the prod uct made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose or inspection, dem- onstration, testing, or the substi- tution or parts under instructions from the ma nu facturcr, and then re- packaged in the original container. c. Any failu re to make such m- spcctions, adjustments, tests or ser- vicing as the vendor has agreed to make or normally undertakes to make in the usual course or busi- ness, in connection with the distri b- ution or sale or the products; r. Demonstrat ion, installation, servic- ing or repair operations, except such operations performed at :he vendor's premises in connect ion with the sale or the product; g. Produ cts which. after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient or any other thing or substance by or for the vendor. 2. This insurance docs not apply to any m- surcd person or organization, from whom you have acquired such products, or any ingrcd icnt, part or container, en- tering into, accompanying or containing such products. If' an Additional Insured -Vendors endorsement is attached to this policy that spcci fically names a person or organization as an insured, then this coverage docs not apply to that person or organ- ization. Page 2 or 6 Do c u S i g n E n v e l o p e I D : C F 6 3 E F 2 0 - F 4 1 0 - 4 7 C F - 8 E C C - 3 4 0 2 8 D 8 D D 4 1 8 4. Blanket Waiver or Subrogation Section JI -Liability Coverage, Part K. Liabilify and Medical Payments General Conditions, is amended to include: 6. Transfer of Rights of Recovery Against Oth- ers to us and Blanket Waiver or Subrogation a. Ir the insured has rights to recover all or part or any payment we have made under this Coverage Part, those rights arc transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. Ir required by a written insured contract, we vv'aivc any right of recovery Vv'C may have against any person or organization because or payments we make ror injury or damage arising out or your operations or your work for that person or organ- ization. 5. Broadened Named Insured Section JI -Liability Coverage, Part I. \Vho Is An Insured, Item 4. is replaced with: 4. All or your subsidiaries, companies, coqx>- rations, (irms, or organizations, as now or hereafter constituted, qualify as Named In- sured tmdcr this policy ir: (a) you have the responsibility or placing m- surancc ror each such entity; and (b) coverage for the entity is not otherwise more specifically provided; and (c) the entity is incorporated or organized under the laws of the United States or America. But each entity is insured only while you own, during the policy period, a controlling interest in such entity or greater than 50'% or the stock or assets. However: (a) Coverage under this provision is a ffordccl only until the end or the policy period, or the 12 month anniversary or the policy inception date, whichever is earlier; (b) Coverage C docs not apply to bodily in- jury or property damage that occurred AB9189 8-07 6. before you acquired or formed the or- ganization; (c) Coverage C doc s not apply to personal injury or advertising injury arising out or an offense committed bcf'orc you ac- quired or formed the organization. Medical Payments Unless Coverage D. Medical Payments is excluded rrom this policy: A. Sec tion JI -Liability Coverage, Part H. Ex- clusions, Item 2.r. is replaced with: r. Incl udcd within the products-completed operations hazard. However, this exclu- sion docs not apply to expenses for den- ta l services. B. Section II -Liability· Coverage, Part G. Cov- erage, Item 2., is amended to include: c. Coverage D. Medical Payments is pri- mary and not contributing with any other insurance. even i r that other insur- ance is primary also. 7. Tenant's Legal Liability 0 (')_ A. Section Ill -Liability Coverage, Part .I. Li- ability and lVledical Payments Limits of In- surance, Item 3. is replaced 1.vith: 3. The most we will pay tmdcr Coverage C -Liability for damages because of prop- erty damage to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a vvrittcn agreement with the owner: a. ansmg out or any Covered Cause or Loss shall be the greater of: (I) $1,000,000; or (2) The Tenant 's Legal Lia bility limit shown in the Declarations. Chartered Aircra n Section JI -Liability Coverage, Orvernge C, Part H. Exclusions, Item 1.g. is amended to include: (5) An aircraft in which you have no ownership interest and that you have chartered with crew. Page 3 or 6 Do c u S i g n E n v e l o p e I D : C F 6 3 E F 2 0 - F 4 1 0 - 4 7 C F - 8 E C C - 3 4 0 2 8 D 8 D D 4 1 8 9. Coverage Territory Broadened Section Ill -Definitions, Item 5.a. is replaced with : a. The United States of America (including its territorie s and possessions), Puerto Rico, Ca- nada, Bermuda, the Bahamas. the Cayman Islands and the British Virgin Islands. l 0. Broadened Advertising Injury Unless Advertising Injury is excluded from this policy: A. Section Ill -Definitions, Item 2. is replaced with: .., ,__ Advertising Injury means inj ury ansmg out or one or more or the following of- fe nses: a. Oral. written. televised or videotaped publicat ion or material that slanders or libels a person or organization or disparages a person's or organiza- tion's goods, products or serv ices; b. c. Oral, 1vrittcn, televised or videotaped publicat ion or material that violates a person's right or privacy; Misappropriation or advertising ideas or style or doing business; or d. Infringement or trademark, copy- right, title or slogan. B. Section II -Liability Coverage, Coverage C, Part H. Exclusions. Items l .p.(l) and (2) arc replaced with: (l) Arising out or oral, written, te levi sed or videotaped publication or material. ir done by or at the direction or the insured with knowledge or its falsity; (2) Arising out or oral. written. te levised or videotaped publication or material whose first publication took place before the beginning or the pol icy period; l l. Broadened Personal Inj ury Unless Personal Injury is excluded from this pol - icy, Section 111 -Property, Liability and Medical AB9189 8-07 Payments Definitions , Items 17 .b., cl. and c. arc replaced with: b. Malicious pro secution or abuse of process; cl. Oral. written, televised or videotaped publica- tion or material that slanders or libels a person or organization or disparages a person's or organization's goods, products or serv ices; c. Oral. written, televised or videotaped publica- tion or material that violates a person's right or privacy; 12. Broadened Personal or Advertising Injury Unless Personal Injury or Advertising Injury is excluded from this policy, Section II -Liability Coverage, Coverage C, Part H. Exclusions, Item I .p.(4) Exclusions is deleted in its entirety. 13. Fellow Employees Coverage Section II -Liability Coverage, Part I. Who Is an Insured, Item 2.a.( l) is amended as follows: (I) Personal Injury to you or to a co-employee while in the course of his or her employment, or the spouse, ch ild, fetus , embryo, parent, brother, sister or any member of the house- hold or that employee or co-employee as a consequence or such Personal Injury, or for any obligation to share damages with or repay someone else who must pay damages because or the inj ury; or 14. Mental Angu ish ls Included in Bod ily Inj ury Section 111 -Definitions, Item 4. is replaced with: 4. Bodily injury means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish 1vh ich result at any time ti'cnn such physical harm, physical sick- ness or physica l disease. Mental angu ish me- ans any type or mental or emot ional illness or disease. 15. Unintent ional Failure to Disclose Hazards Section II -Liability Co\'Crage, Part K. Liability and Medical Payments General Conditions, is amended to include: Page 4 or 6 Do c u S i g n E n v e l o p e I D : C F 6 3 E F 2 0 - F 4 1 0 - 4 7 C F - 8 E C C - 3 4 0 2 8 D 8 D D 4 1 8 6. Unintcnt ional Failure to Disclose Hazards If you unintentionally fail to disclose any ha- zards existing at the inception date or your policy, we 1vill not deny coverage under this Coverage Form because of such fa ilure. However. this provision docs not a ffcct our right to collect additional premium or exercise our right or cance llation or non-renewal. 16. Supplementary Payments, I ncrcasc Limits Section II -Liability C<rvcrage, Part G. Coverage, Ite ms I .c. (2) and (4) arc replaced with: (2) The cost of bail bonds required because of accidents or trartic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. \Ve do not have to !'urnish these bonds. (4) All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense or the claim or suit including substantiated loss or earnings up to $500 a day because or time off work. 17. Per Location Aggregate A. Section II -Liability Coverage, Part ,I. Limits of Insurance. Item 4. is amended to include: The Aggregate Limit of Insurance applies se- l.n1ratclv to each location owned bv vou. . . . rented to you, or occupied by you with the permission or the owner. B. Section Ill -Property, Liability and Medical Payments Definitions, is amended to include 31. Location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of- way or railroad. 18. Amended Dut ies in the Event of an Occurrence, Offense Claim or Suit Section II -Liability Coverage, Part K. Liability and Medical Payments General Conditions. Items 2.a. and b. arc replaced with: a. In the event or an occurrence, offense. claim, or suit, you must promptly notify us. Your duty to promptly notil)' us is effective when your executive officers, partners, members, or AB9189 8-07 legal representatives arc aware of the General Liability occurrence, offense, claim, or suit. Knowledge or an occurrence. offense. claim. or suit by other cmploycc(s ) docs not imply you also have such knowledge. b. To the ex.tent possible, not ice to us should include: (I) How. when and where the occurrence or ortcnsc took place; (2) The names, addresses, and telephone numbers or any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out or the occurrence, of- lcnsc. claim. or suit 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2. is replaced with: 2. Coverage C -Liability Ir other valid and collectible msurancc ts available to any insured for a loss we cover under Coverage C or this Coverage Pan our obligat ions arc limited as follows: a. The insurance provided under this policy is primary if' you arc required by a written insured contract to include any person or organization as an insured, but only with respect to that insurcd's liability arising out or the ownership, mainte- nance, Or USC of that part 0 f the premises mvncd by or rented to you. or your work for that insured by or for you. Any other insurance ava ilable to that person or or- ganization is excess and noncontributorv ~ . with thi s insurance, or; b. Except for the circumstance described in 2.a., above, the insurance provided under this policy is excess over any other li- ability insurance available to any insured whether such other insurance is written as primary, excess, contingent or any other basis. An exception applies when any insured spccilically has purchased excess insurance to apply in excess or the limits of insurance shown in the Decla- rations of th is Coverage Pan for Cover- age C. Page 5 or 6 Do c u S i g n E n v e l o p e I D : C F 6 3 E F 2 0 - F 4 1 0 - 4 7 C F - 8 E C C - 3 4 0 2 8 D 8 D D 4 1 8 20. Damage to Invitees' Automobiles from Falling Trees or Tree Limbs -Limited Coverage The policy applies to direct physical damage to automobiles owned by invitees subject to all or the follovving: I. Provided such damage originates from prem- ises owned, managed , leased or rented by an insured; 2. Coverage applies only to invitees of an in- sured or an insurcd's tenant; 3. Such damage is directly caused by wind-driven falling trees or tree limbs; 4. The most we will pay for any one loss is the lesser or the actual cash value or the damaged automobile as or the time or the loss; or the cost or repairing or replacing the damaged automobile with another automobile or like AB9189 8-07 kind and quality; subject to a limit or S25,000 m any one policy period; and 5. This coverage is not subject to the General Liability General Aggregate Limit. 21. Expected or Intended lrliury -Amendment to Ex- clusion SECTION I. -2. EXCLUSIONS a. Expected or Intended Injury, is replaced by the following: a. Expected or Intended lrljury Bodily injury or property damage expected or intended from the standpoint or the insured. This exclusion docs not apply to bodily injury or property damage resulting from the use or reasonable force to protect persons or prop- erty. All other terms and conditions or the policy apply. Page 6 or 6 DocuSign Envelope ID: CF63EF20-F410-47CF-8ECC-34028D8DD418 . - POLICYHOLDER COPY STATE L.C.lMfJE-·N'::>/',-1(.)N f'J c; U ~A.MC E:: FUND P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-25-2019 GROUP: POLICY NUMBER: 1741879-2019 CERTIFICATE ID: 105 CERTIFICATE EXPIRES: 07-01-2020 07-01-2019/07-01-2020 CITY OF PALO ALTO 250 HAMILTON AVE PALO ALTO CA 94301-2531 SC This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~d ,q' d~,.,. . .Jl~ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2019-11-25 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF PALO ALTO ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2019-11-25 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF PALO ALTO EMPLOYER S. GRONER ASSOCIATES, INC. 100 W BROADWAY STE 290 LONG BEACH CA 90802 SC [P10,SC] IREV.7·2014) PRINTED 11-25-2019 SC City of Palo Alto (ID # 10699) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/24/2020 City of Palo Alto Page 1 Summary Title: Amendment No. 1 for On-call Surveying Contract with BKF Engineers Title: Approval of Amendment Number 1 to Contract Number C18169791 with BKF Engineers to Increase the Third Year Funding by $150,000 and Extend the Contract Term for an Additional Two Years at $300,000 Per Year, for a Revised Total Amount Not-to-Exceed $1,200,000 to Provide Surveying and Design Services From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached Amendment No. 1 to Contract C18169791 with BKF Engineers (Attachment A) ·to increase the third-year funding by an additional $150,000 (for a total of $300,000)for on-call surveying and design support services, and ·to extend the contract term for two additional years,through October 22, 2022,at $300,000 per year,for a new total contract amount not-to-exceed $1,200,000. Background/Discussion The on-call surveying contract with BKF Engineers was originally approved on October 30, 2017, for $150,000 per year for three years to provide surveying and design services for streets and sidewalk capital projects (CMR: #8516). The contract also allows the City to meet large roadway survey needs. The amended contract would add an additional $150,000 to the third year (for a total of $300,000) and extend the contract term for two additional years at $300,000 per year. This amendment results in a revised total contract not-to-exceed amount of $1,200,000,through October 22, 2022. The scope of services of the on-call contract includes providing on-call support services to help advance street resurfacing projects, including the survey and drainage design for various City streets in the Barron Park neighborhood. The additional funding allows for these professional services to be utilized for other CIP projects (including storm drain, parks,and buildings City of Palo Alto Page 2 projects) requiring surveying, including large roadway survey needs. Work will be assigned to the consultant on a task order basis. Resource Impact Funding for on-call project work will be encumbered as survey and design task orders, assigned to specific CIP projects, and funded within the existing CIP projects’ budgets as approved by the City Council through the annual budget process. Policy Implications This contract amendment is in conformance with the City of Palo Alto’s Comprehensive Plan and does not represent any changes to existing City policies. Stakeholder Engagement Stakeholder engagement is not applicable to this contact amendment. Environmental Review Surveying and design work do not constitute a project subject to the California Environmental Quality Act (CEQA). Typical street roadway projects that are supported by surveying are considered minor alterations and repairs to existing facilities and are categorically exempt from CEQA under Section 15301(c) of the CEQA Guidelines. Environmental review required for projects other than roadway work would be completed during the design process. Attachments: ·Attachment A -Contract Amendment No. 1 Vers.: Aug. 5, 2019 Page 1 of 9 AMENDMENT NO. 1 TO CONTRACT NO. C18169791 BETWEEN THE CITY OF PALO ALTO AND BKF ENGINEERS This Amendment No. 1 (this “Amendment”) to Contract No. C18169791 (the “Contract” as defined below) is entered into as of February 10, 2020, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BKF ENGINEERS , a California corporation, Department of Industrial Relations registration No. 1000002096, located at 1730 N. First Street, Suite 600, San Jose, CA 95112 (“CONSULTANT”). CITY and CONSULTANT referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of Surveying, Engineering and Design Services, as detailed therein. B. The Parties now wish to amend the Contract to increase the compensation to be paid to CONSULANT by Seven Hundred Fifty Thousand Dollars ($750,000), from Four Hundred Fifty Thousand Dollars ($450,000) to a total not-to-exceed amount of One Million Two Hundred Thousand Dollars ($1,200,000), to extend the term for two years, through October 22, 2022 and to amend Exhibit C-1. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C18169791 between CONSULTANT and CITY, dated October 23, 2017. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2,”TERM” of the Contract is hereby amended to read as follows: The term of this Agreement shall be from the date of its full execution through October 22, 2022 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. Section 4, “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vers.: Aug. 5, 2019 Page 2 of 9 “A” (“Basic Services”), and reimbursable expenses, shall not exceed One Hundred Fifty Thousand Dollars ($150,000) for contract year 1, One Hundred Fifty Thousand Dollars ($150,000) for contract year 2, Three Hundred Thousand Dollars ($300,000) for contract year 3, Three Hundred Thousand Dollars ($300,000) for contract year 4, Three Hundred Thousand Dollars ($300,000) for contract year 5, for a total not-to-exceed amount over the five-year term of One Million Two Hundred Thousand Dollars ($1,200,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.” SECTION 4. Section 26, entitled “Prevailing Wages,” of the Contract is hereby amended to read as follows: “ 26.1 CONSULTANT is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division office of the City of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions of all sections, including, but not limited to, Sections 1720, 1771, 1771.1, 1774, 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages and applicable provisions of the California Code of Regulations. CONSULTANT shall comply with the requirements of the exhibit entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance. Exhibit E is hereby attached and incorporated into this Agreement by reference as though fully set forth herein.” SECTION 5. The following exhibits to the Contract are hereby deleted and replaced in its entirety, or added in the entirety, as indicated below, to read as set forth in the attachments to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “C-1” entitled “SCHEDULE OF RATES”, of the Contract is hereby deleted and replaced in its entirety to read as provided in the attached Exhibit “C-1 ”, entitled “SCHEDULE OF RATES, AMENDMENT NO.1.” b. Exhibit “E” entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, as attached to this Amendment, is hereby attached and incorporated by reference into DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vers.: Aug. 5, 2019 Page 3 of 9 this Amendment as though fully set forth herein and into the Contract as though fully set forth therein. SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vers.: Aug. 5, 2019 Page 4 of 9 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager (Contract over $85k) APPROVED AS TO FORM: City Attorney or designee (Contract over $25k) BKF ENGINEERS Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachment: EXHIBIT "C-1" entitled “SCHEDULE OF RATES, AMENDMENT NO. 1” (AMENDED – REPLACES PREVIOUS) EXHIBIT “E” entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS” (ADDED) DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vice PresiVdent Davis Thresh CFO Jean Chen Vers.: Aug. 5, 2019 Page 5 of 9 EXHIBIT “C-1” SCHEDULE OF RATES, AMENDMENT NO. 1 (AMENDED-REPLACES PREVIOUS) The following rates shall apply for Services rendered under this Agreement as of the timeframe listed below. PRIOR TO JANUARY 1, 2019 PERSONNEL HOURLY RATES ENGINEERING Senior Associate $206.00 Associate $200.00 Project Manager $190.00 - $196.00 Engineer IV $176.00 Engineer I, II, III $124.00 - $142.00 - $162.00 Engineering Assistant $77.00 Junior Engineer $65.00 PLANNING Planner I, II, III, IV $124.00 - $142.00 - $162.00 - $176.00 SURVEYING Senior Associate $206.00 Associate $200.00 Project Manager $190.00 - $196.00 Surveyor I, II, III, IV $124.00 - $142.00 - $162.00 - $176.00 Survey Party Chief $164.00 Survey Chainman $106.00 Apprentice I, II, III, IV $65.00 - $87.00 - $96.00 - $102.00 Instrumentman $141.00 Surveying Assistant $77.00 Junior Surveyor $65.00 Utility Locator I, II, III $85.00 - $120.00 - $145.00 BIM Specialist I, II, III $124.00 - $142.00 - $162.00 DESIGN AND DRAFTING Technician I, II, III, IV $119.00 - $127.00 - $139.00 - $150.00 Drafter I, II, III, IV $93.00 - $103.00 - $111.00 - $123.00 CONSTRUCTION ADMINISTRATION Senior Construction Administrator $185.00 Resident Engineer $137.00 Field Engineer I, II, III $124.00 - $142.00 - $162.00 Senior Consultant $215.00 SERVICES AND EXPENSES Project Assistant $77.00 Clerical/Administrative Assistant $65.00 Delivery Services $35.00 Principals’ time on projects is chargeable at $230.00- $252.00 per hour. (Continued on the next page.) DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vers.: Aug. 5, 2019 Page 6 of 9 JANUARY 1, 2019 - DECEMBER 31, 2019 PERSONNEL HOURLY RATES ENGINEERING Senior Associate $220.00 Associate $214.00 Project Manager $204.00 - $210.00 Engineer IV $189.00 Engineer I, II, III $134.00 - $154.00 - $174.00 Engineering Assistant $82.00 Junior Engineer $70.00 PLANNING Planner I, II, III, IV $134.00 - $154.00 - $174.00 - $189.00 SURVEYING Senior Associate $220.00 Associate $214.00 Project Manager $204.00 - $210.00 Surveyor I, II, III, IV $134.00 - $154.00 - $174.00 - $189.00 Survey Party Chief $175.00 Survey Chainman $113.00 Apprentice I, II, III, IV $70.00 - $93.00 - $103.00 - $109.00 Instrumentman $150.00 Surveying Assistant $82.00 Junior Surveyor $70.00 Utility Locating Superintendent $176.00 Utility Locator I, II, III $91.00 - $129.00 - $155.00 BIM Specialist I, II, III $134.00 - $154.00 - $174.00 DESIGN AND DRAFTING Technician I, II, III, IV $128.00 - $136.00 - $148.00 - $161.00 Drafter I, II, III, IV $100.00 - $110.00 - $118.00 - $132.00 CONSTRUCTION ADMINISTRATION/QSP-QSD Senior Construction Administrator $198.00 Resident Engineer $147.00 Field Engineer I, II, III $134.00 - $154.00 - $174.00 Senior Consultant $229.00 SERVICES AND EXPENSES Project Assistant $82.00 Clerical/Administrative Assistant $70.00 (Continued on the next page.) DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vers.: Aug. 5, 2019 Page 7 of 9 JANUARY 1, 2020 - DECEMBER 31, 2020 PERSONNEL HOURLY RATES ENGINEERING Senior Associate $225.00 Associate $219.00 Senior Project Manager Project Manager $214.00 $209.00 Senior Engineer $193.00 Engineering Manager $189.00 Design Engineer, Project Engineer, Sr. Project Engr $137.00 - $157.00 - $179.00 Junior Engineer, Engineering Assistant $72.00 - $82.00 SURVEYING Senior Associate $225.00 Associate $219.00 Project Manager $208.00 - $214.00 Surveying Manager $189.00 Surveyor I, II, III, IV $137.00 - $157.00 - $179.00 - $193.00 Survey Party Chief $179.00 Survey Chainman $116.00 Apprentice I, II, III, IV $71.00 - $95.00 - $105.00 - $111.00 Instrumentman Surveying Assistant, Junior Surveyor $154.00 $72.00 - $82.00 Utility Locating Superintendent $180.00 Utility Locator I, II, III $93.00 - $132.00 - $158.00 BIM Specialist I, II, III $137.00 - $157.00 - $179.00 DESIGN AND DRAFTING Technician I, II, III, IV $130.00 - $139.00 - $152.00 - $164.00 Drafter I, II, III, IV $102.00 - $112.00 - $121.00 - $135.00 PLANNING Planner I, II, III, IV $137.00 - $157.00 - $179.00 - $193.00 CONSTRUCTION ADMINISTRATION/QSP-QSD Senior Construction Administrator $203.00 Resident Engineer $151.00 Field Engineer I, II, III $137.00 - $157.00 - $173.00 Senior Consultant $234.00 SERVICES AND EXPENSES Project Assistant $84.00 Clerical/Administrative Assistant $71.00 Principals’ time on projects is chargeable at $251.00- $276.00 per hour. DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vers.: Aug. 5, 2019 Page 8 of 9 EXHIBIT “E” DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit “E” shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONSULTANT of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation and CONSULTANT is subject to SB 854- compliance monitoring and enforcement by DIR. CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively. At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request. CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to the CITY Project Manager at the end of each week during the Project. DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C Vers.: Aug. 5, 2019 Page 9 of 9 If the certified payroll records are not produced to the CITY Project Manager within the 10-day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform the CITY Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the Project Manager within five (5) business days of any change of location of those payroll records. DocuSign Envelope ID: D50EF24D-0793-4F25-9742-FF8A28920E4C City of Palo Alto (ID # 11112) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/24/2020 City of Palo Alto Page 1 Council Priority: Climate/Sustainability and Climate Action Plan, Transportation and Traffic Summary Title: Contract Approval for 2020 S/CAP Consultant Services Title: Approval of Contract Number C20176783 With AECOM Technical Services, Inc., for Professional Services Related to the 2020 Sustainability and Climate Action Plan Update and SB743 Implementation in the Amount of $573,228; and Approval of an Exemption From Competitive Solicitation for SB743 Scope of Work From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute Contract No. C20176783 with AECOM Technical Services, Inc. (AECOM, Attachment A), in an amount not to exceed $573,228 for the 2020 Sustainability and Climate Action Plan (S/CAP) Update and SB743 Implementation, and approve a competitive solicitation exemption for the SB743 Implementation Scope of Work. Executive Summary Staff is developing a 2020 Sustainability and Climate Action Plan (S/CAP) to help the City meet its sustainability goals, including its goal of reducing Greenhouse Gas (GHGs) emissions 80 percent below 1990 levels by 2030. The contract with AECOM will support a 2020 S/CAP Update that will guide City actions and City-community partnerships for climate action, including climate change mitigation toward the City’s adopted GHG reduction target. Concurrent to the development of the 2020 S/CAP Update, staff will work with consultants to develop a new vehicle miles traveled (VMT) policy to comply with SB743 and to complement the VMT inventory and impact analysis that is needed for the 2020 S/CAP Update.The City is also seeking assistance with preparation of a related environmental review in conformance with the California Environmental Quality Act (CEQA). City of Palo Alto Page 2 Background The City of Palo Alto has long been a leader in sustainability, making impressive progress towards reducing its carbon impacts, greenhouse gas emissions, and resource consumption since adopting a Sustainability Policy in 2001. Since then, the City has undertaken a wide range of initiatives to improve the sustainability performance of both government operations and the community at large, including adopting a Sustainability and Climate Action Plan (S/CAP) Framework in 2016, which includes a goal of reducing Greenhouse Gas (GHGs) emissions 80 percent below 1990 levels by 2030.Staff worked with consultants to produce the S/CAP Framework, which provided direction and overall goals through 2020.The intent of the S/CAP was for staff to update it every five years and develop more granular five-year work plans and short-term programs, rather than attempt to build a detailed 14-year work plan. Discussion For the City to continue progress towards its climate and sustainability goals and targets, a 2020 S/CAP Update is necessary to study further the highest impact actions. Staff is drafting proposed goals and Key Actions in the following areas: Energy, Mobility, Electric Vehicles, Water, Climate Adaptation and Sea Level Rise, Natural Environment, and Zero Waste. These goals and Key Actions will be the foundation for the 2020 S/CAP Update. Staff will bring the proposed goals and Key Actions to the community for their input and further refinement. Staff recommends contracting with AECOM to perform an impact analysis on the proposed Key Actions, which will detail the costs and benefits (including co-benefits), expected GHG emissions reductions, and sustainability benefits. The 2020 Sustainability and Climate Action Plan will: •Clearly explain the community’s climate challenges, and the challenges and opportunities it faces in meeting its ambitious climate and GHG reduction goals; •Serve as a mechanism to tie together the City’s existing and developing sustainability initiatives, strategies,and plans with the community’s goals; •Update a set of cohesive sustainability strategies, implementation plans, Key Actions and metrics for measuring progress, and for improving Palo Alto’s sustainability, and its contribution to regional and State strategies and initiatives; and •Have broad community input and incorporate the results of community engagement efforts. City of Palo Alto Page 3 On October 8, 2019, the City released a Request for Proposals (RFP) seeking proposals for six tasks related to the S/CAP Update and providing an option for proposers to also suggest project innovations. The City received 6 proposals. Summary of Bid Process Bid Name/Number 2020 Sustainability / Climate Action Plan Proposed Length of Project Three Years Number of Prospective Bidders on PlanetBids 41 Total Days to Respond to Bid 37 Date of Pre-Bid Meeting October 24, 2019 Number of Bids Received 6 Bid Price Range $189,320 - $248,500 An evaluation committee consisting of staff from the Public Works Department and City Manager’s Office reviewed the proposals. Two firms were invited to participate in oral interviews on December 12, 2019. The proposals were judged on the following criteria: ·Quality of the proposal ·Quality, performance, and effectiveness of the solution, goods, and/or services to be provided ·Experience ·Contractor’s financial stability ·Contractor’s ability to perform the contract within the time specified ·Contractor’s prior record of performance with city or others ·Contractor’s compliance with applicable laws, regulations, policies, and guidelines ·Contractor’s ability to provide future maintenance, repairs, parts, and/or services AECOM was selected as the preferred consultant team due to their demonstrated strong technical knowledge, comprehensive program design, and ability to meet program timeline and budget needs. The total not-to-exceed amount in the proposed contract with AECOM is $573,228, including $413,232 for base services and core tasks, $40,000 for additional services, and $119,996 for optional services as needed and required by the City. The contract amount is significantly greater than AECOM’s submitted base services proposal due to the inclusion of three tasks that AECOM proposed as project innovations or options: (1)“SB743 Implementation Support”, which is incorporated as Task 7 of the contract;(2) “Prepare 2020 and 2021 GHG inventories”, which was made part of Task 1, and (3) “Use of Other GHG Quantification Tools”,which was made part of Task 4, all as further described below. The original AECOM Cost Proposal for RFP Scope of Work Tasks 1-6 included a Not-to-Exceed Amount of $212,036 for base services. The RFP allowed proposers to suggest technical or City of Palo Alto Page 4 procedural innovations to enhance the RFP Scope of Work. The AECOM Cost Proposal included 9 innovative and optional tasks with a proposed range of $183,500 -$350,000 to complement and enhance the scope of work described in the RFP. The City opted to include 2 optional tasks and 1 innovative task for an additional $202,079 in base services and up to $159,996 in additional and optional services. RFP Scope of Work Task 1: Create a citywide GHG emissions inventory, included a deliverable of a community-wide GHG inventory for calendar year 2019. Task 1 also included an option to request GHG inventories for calendar years 2020 and 2021. The City opted to include optional task “Prepare 2020 and 2021 GHG inventories” for an additional $39,248 in base services. RFP Scope of Work Task 2:Calculate Transportation-Related Emissions, included a deliverable to develop, test, and validate a methodology that could provide annual analysis of vehicle miles traveled (VMT)and GHG impacts of road travel into Palo Alto, out of Palo Alto, and within Palo Alto (and, for the purposes of VMT modeling, through Palo Alto as well). To complement this deliverable,and to ensure that the VMT impact analysis is accurate and meets newly adopted CEQA guidelines,AECOM proposed optional task “SB743 Implementation Support,” which focuses on newly adopted state-wide VMT requirements. Concurrent to the development of the 2020 S/CAP Update, staff will work with consultants to develop a new VMT policy. To comply with SB 743 and new CEQA guidelines adopted last year, the City will need to make a series of decisions about how to change current transportation impact analysis from measuring impacts to drivers and shift to measuring the impact of driving through the use of VMT. The City needs to adopt a VMT methodology and thresholds for CEQA purposes by July 1, 2020. The City opted to include optional task “SB743 Implementation Support” for the not to exceed amount of $309,995, which consists of $149,999 for base services and up to $159,996 for additional services. RFP Scope of Work Task 4:Greenhouse Gas Emissions Reduction and Sustainability Benefits, included a deliverable to conduct an impact analysis detailing the cost and benefits of proposed Key Actions, including co-benefits, expected GHG emissions reductions, and sustainability benefits, and include ranges of GHG emissions reductions for different projected outcomes based on different targets, where applicable. RFP Scope of Work Task 1 specified that the community-wide GHG emissions inventory should be prepared using the Statewide Energy Efficiency Collaborative (SEEC) ClearPath analytical tool. ClearPath currently includes approximately 40 GHG calculators for actions related to building energy use, renewable energy development or procurement, transportation and mobility, electric vehicle use, and water conservation. ClearPath does not have calculators for other areas included in the City’s proposed 2020 S/CAP Areas. Because the GHG reductions for actions in those areas cannot be quantified using ClearPath, the City opted to include innovative task “Use of Other GHG Quantification Tools”for an additional $12,832 in base services. Where GHG emissions quantification is not supported in ClearPath, AECOM will use alternative tools such as the AECOM-developed CURB tool or Fehr & Peers Trendlab+ tool. City of Palo Alto Page 5 Due to the addition of the new Scope of Work Task 7: SB743 Implementation Support,staff is requesting that Council approve a competitive solicitation exemption for Task 7 of this contract under Palo Alto Municipal Code Section 2.30.360. Section 2.30.360 allows exemptions from competitive solicitation requirements in “situations where solicitations of bids or proposals would be impracticable, unavailing or impossible;” for example, where due to circumstances beyond the control of the City the time necessary to use the competitive solicitation process, procedures and requirements would result in a substantial economic loss to the city or the substantial interference with a required city operation.” An exemption here is necessary because the City must adopt a new VMT-based threshold of significance for transportation impacts under the California Environmental Quality Act (CEQA) by July 1, 2020 in order to conduct CEQA review and adopt new CEQA documents in compliance with state law. The advance work and analysis required to adopt a new threshold will need to begin imminently in order to meet the state mandated deadline. Resource Impact This is a multi-year contract. The first year of funding for Sustainability tasks is anticipated to be $200,000 and is included in the Fiscal Year 2020 operating budget from City Manager’s Office – Office of Sustainability. Remaining funding of $65,000 will be evaluated as part of the development of the FY 2021 budget and any additional appropriation of necessary funding is subject to City Council approval. Funding for the SB743 Implementation Support Task over the course of the contract is approximately $310,000. Of this amount, $150,000 is anticipated for activities occurring in the first year, FY 2020.Staff expects that the Office of Transportation can absorb these costs in FY 2020 appropriated funds due to staffing vacancies and non-salary funding that was carried forward from FY 2019 to FY 2020.The remaining funding of $160,000 for additional and optional tasks for SB743 Implementation will be brought forward for Council’s review. Transportation will evaluate the necessity of these additional tasks in the context of City priorities and required tasks for SB 743 implementation. Any additional appropriation of necessary funding is subject to City Council approval. Stakeholder Engagement Staff has developed an Engagement Plan which identifies relevant stakeholders, proposed materials, and desired meeting milestones and outcomes. AECOM will execute and manage the external (community) portion of the engagement Plan, to be completed by December 2020. Environmental Review The recommended action would allow for preparation of a Sustainability and Climate Action Plan (S/CAP) Update and SB 743 implementation policy and proposals, all for consideration by Council at a later date. This contract does not constitute a project and is not subject to environmental review under provisions of the California Environmental Quality Act (CEQA). This contract includes a task to prepare appropriate environmental review documents of the 2020 S/CAP Update to be considered by Council for approval prior to any action on the S/CAP. City of Palo Alto Page 6 Attachments: ·Attachment A Aecom Technical Services City of Palo Alto (ID # 10946) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/24/2020 City of Palo Alto Page 1 Summary Title: Three-Year Microsoft Licensing with Insight Public Sector Contract Approval Title: Approval of a Three-year Agreement With Insight Public Sector for Citywide Microsoft Licensing, Utilizing the County of Riverside Agreement, in the Amount of $497,486 Annually and a Contingency of Ten Percent in the Amount of $49,748 Annually, for a Total Not-to-Exceed Amount of $547,234 Annually From: City Manager Lead Department: IT Department Recommendation Staff recommends that Council approve and authorize the City Manager or designee to execute the following: 1) A new three-year agreement with Insight Public Sector in the amount of $497,486 annually to pay for the City’s annual Microsoft licensing and support (Attachment A). 2) Authorize a ten percent (10%) contingency in the amount of $49,748 each year for the purchase of Microsoft licensing and support for any unforeseen licensing needs, for a total annual amount not-to-exceed $547,234. Executive Summary This is a support services contract for Microsoft Product Licensing and Maintenance as described in the Riverside County Microsoft Enterprise Agreement. The City of Palo Alto has used the Riverside Enterprise Agreement since 2005 to secure discounted pricing of Microsoft licensing. Riverside’s sheer volume of licenses of Microsoft products used has allowed them to obtain a deep discount on these products. This discount is allowed to be passed on to other agencies within the state. The products and services in this annual licensing run the City’s email system, the majority of our City Data Center core systems, productivity software such as Word, Excel, and PowerPoint (both installed and online), video conferencing, SharePoint, and other essential City solutions. City of Palo Alto Page 2 Background On March 6, 2017, Council approved contract C12144913 for a Microsoft Enterprise Agreement (MEA) (CMR: 7584), licensing of various Microsoft software programs. This agreement was initially executed by the County of Riverside, California (RIVCO-20800- (002-007)-12/12) and is extended to local agencies to take advantage of the competitive pricing negotiated through this contract. A new agreement with the County of Riverside has been negotiated and the City will again piggy-back off of this agreement with the County of Riverside for Microsoft licensing and support; Contract #PSA-0001526/RIVCO-2020-RFQ-0000048 (Attachment B). This new contract is exempt from competitive solicitation requirements under Palo Alto Municipal Code section 2.30.360(j) (exemption for cooperative purchases). Every year on the City’s anniversary date, an annual true-up is performed which compares the actual number of licenses used by City staff against how many licenses the City has already purchased. The cost associated with this true-up includes the license cost of these items as well as the Software Assurance for the remaining years on the agreement. Software Assurance provides the City with planning services to enable efficient deployment of licenses and solutions, in-person and online training for IT and end users, and rights to new software releases during the term of the agreement at no additional cost. Discussion The execution of this contract will ensure continuity of the current services provided by Microsoft, namely the annual licenses necessary for Office 365 that provides the City’s City-wide email services and critical applications, such as Word and Excel. The cost for this new three-year contract is $497,486 annually, with a not-to-exceed total contract amount of $1,492,458. Staff recommends a ten percent (10%) annual contingency for unforeseen licensing needs (true-ups), which brings the total not to exceed amount to $1,641,701 over the life of the contract. The Information Technology Department diligently reviewed this new contract to ensure the City is accurately licensed for all necessary components such as server licensing, user licensing, and security licensing. This contract renews the existing licenses in the prior contract and accounts for additional user licensing for position vacancies and new hires. Variances such as these were accounted for in the annual true-up in the prior contract. This licensing level enables robust security capabilities such as enterprise mobility plus security and mobile device management. This increased security facilitates the consolidation of our existing security software vendors. Though most licensing levels remain the same as in the previous contract (one license has decreased), the amount due annually has increased. This is the result of year over year annual contract increases; furthermore, the discount negotiated between the County of Riverside and Microsoft is lower than what it has been in past agreements. City of Palo Alto Page 3 Staff has confirmed with Microsoft that this contract still yields the most discounted rate and requested multiple quotes to ensure we receive the most aggressive pricing. Stakeholder Engagement Staff is utilizing the County of Riverside Agreement, which has been competitively solicitated and allows other government agencies to piggy-back off the agreement. Resource Impact The funding for this contract is available in the Information Technology Fiscal Year 2020 Adopted Operating Budget. Funding for subsequent years of the contract will be subject to approval through the annual budget development process. Environmental Review Approval of these contracts do not constitute a project under the California Environmental Quality Act (CEQA); therefore, an Environmental Assessment is not required. Attachments: • Attachment A: City of Palo Alto - Microsoft Enterprise Agreement • Attachment B: Insight Public Sector - Riverside Agreement EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10 Document X20-10635 Enterprise Enrollment State and Local Enterprise Enrollment number (Microsoft to complete) 68000857 Framework ID (if applicable) Previous Enrollment number (Reseller to complete) 83627424 This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: “Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. “Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 2 of 10 Document X20-10635 Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service. “Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. “Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. “Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government. “Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. “Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. “Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. “Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 3 of 10 Document X20-10635 “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. “Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. “Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 4 of 10 Document X20-10635 Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate’s authorized representative. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 10 Document X20-10635 (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii) Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 10 Document X20-10635 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10 Document X20-10635 Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 8 of 10 Document X20-10635 Enrollment Details 1. Enrolled Affiliate’s Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: Enrolled Affiliate only Enrolled Affiliate and all Affiliates Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Palo Alto Contact name* First Darren Last Numoto Contact email address* darren.numoto@cityofpaloalto.org Street address* 250 Hamilton Avenue City* Palo Alto State* CA Postal code* 94301-2531- (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 650-329-2488 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10 Document X20-10635 Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Sherrie Last Wong Contact email address* sherrie.wong@cityofpaloalto.org Street address* 250 Hamilton Avenue City* Palo Alto State* CA Postal code* 94301-2531- (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 650-617-3152 Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Darren Last Numoto Contact email address* darren.numoto@cityofpaloalto.org Phone* 650-329-2488 This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* Insight Direct USA, Inc. Street address (PO boxes will not be accepted)* 6820 South Harl Avenue City* Tempe State* AZ Postal code* 85283 Country* United States Contact name* Software *Contract Support Phone* 800-624-0503 Contact email address* contractsupport@insight.com * indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* * indicates required fields Assistant Secretary Jan 28, 2020 Lisanne Steinheiser EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10 Document X20-10635 Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? Yes, No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. Enterprise Enrollment Product Selection Form CTM Page 1 of 2 MS Quote EA-EASProdSelForm(WW)(ENG) Proposal ID Enrollment Number 0917846.005 Language: English (United States) Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order: Profile Qualified Devices Qualified Users Device / User Ratio Enterprise Product Platform CAL Licensing Model Enterprise 1,200 1,200 1.0 Yes User Licenses Products Enterprise Quantity Microsoft 365 Enterprise Microsoft 365 E3 USL 1,200 Enrolled Affiliate’s Product Quantities: Price Group 1 2 3 4 Enterprise Products Office Professional Plus + Office 365 ProPlus + Office 365 (Plans E3 and E5) + Microsoft 365 Enterprise Client Access License + Office 365 (Plans E1, E3 and E5) + Microsoft 365 Enterprise Client Access License + Windows Intune + EMS USL + Microsoft 365 Enterprise Win E3 + Win E5 + Win VDA + Microsoft 365 Enterprise Quantity 1200 1200 1200 1200 Enterprise Enrollment Product Selection Form CTM Page 2 of 2 MS Quote EA-EASProdSelForm(WW)(ENG) Enrolled Affiliate’s Price Level: Product Offering / Pool Price Level Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. D Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. D NOTES Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below: Quantity of Licenses and Software Assurance Price Level 2,399 and below A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level “A” throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. Discount Transparency Disclosure Form Date: 1/16/2020 Program: Enterprise 6 Enrollment Number: Renewal Quote Number: 0917846.005 Partner Name: Insight Direct USA, Inc. Reseller Address: 6820 South Harl Avenue Tempe, AZ, United States, 85283 Discount Details For this enrollment, Microsoft provided the Customer’s Partner an additional discount off of the Partner’s Net Price. The Partner is required, by Microsoft, to pass on the additional discount to the Customer by reducing the Microsoft Product resale price by an amount equal to or greater then the discount. Listed in the table below is the maximum price the partner may charge for the Microsoft Products to be ordered under this enrollment. The Maximum Resale Price (MRP) is calculated by subtracting the additional discount provided to the Partner, from the total estimated resale price for the Microsoft Products. The requirement to pass through the additional discount, does not mean that Microsoft is setting the Customer’s actual price. Partners remain free to set the price charged for Microsoft Products at any point equal to or below MRP. The Customer’s actual price will be established by a separate agreement between Customer and its Partner. Ordered Products Currency Maximum Resale Price US Dollar 1,851,975 Note: The Maximum Resale Price listed in the table above only pertains to the Microsoft Products to be ordered under this Enrollment. The content of this form has no impact on the Customer’s price for Non-Microsoft products and services. In this form, the following definitions apply: “Customer” means the entity that may enter or has entered into a Contract with the Partner. “Contract” means a binding agreement between the Partner and Affiliate, under which Customer orders Products from Partner. “Microsoft” means (1) the entity that has entered into an agreement with Partner under which Partner may place orders for Microsoft Products for use by the Customer and (2) the affiliates of such entity, as appropriate. “Maximum Resale Price” means the sum of the Estimated Retail Price for all Microsoft Products ordered under the Customer Contract minus the aggregated discount off of the Partner’s Net Price provided by Microsoft listed in the currency in which the Partner or Partner’s reseller transacts with Microsoft. “Product” means all Microsoft Products identified in the Product Terms, such as all Software, Online Services, and other web- based services, including pre-release or beta version. Microsoft product availability may vary by region. Partner: Customer: Signature of Customer’s authorized representative: Printed name: Printed title: Date: 1/1 City of Palo Alto Insight Direct USA, Inc. AmendmentApp v4.0 M97 B Page 1 of 2 Amendment to Contract Documents Enrollment Number 5-0000004868046 This amendment (“Amendment”) is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment (Indirect) Invoice for Quoted Price Amendment ID M97 The price quoted to Enrolled Affiliate’s Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate’s Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate’s Reseller will be charged for net new Monthly Subscriptions (including Online Services) for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate’s Reseller. SKU Number SKU Description Existing Quantity Incremental quantities AAD-34700 M365 E3 FromSA GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr 1100 0 AAD-34704 M365 E3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr 100 0 3GU-00001 O365AdvThrtPrtctPln1GCC ShrdSvr ALNG SubsVL MVL PerUsr 30 0 9K4-00003 VisioPlan2FrmSAGCC ShrdSvr ALNG SubsVL MVL PerUsr 60 0 LK3-00001 AudioConfGCC ShrdSvr ALNG SubsVL MVL PerUsr 2 0 LM9-00001 DmstcCallingPGCC ShrdSvr ALNG SubsVL MVL PerUsr 2 0 3NS-00003 ExchgOnlnP2GCC ShrdSvr ALNG SubsVL MVL PerUsr 150 0 AmendmentApp v4.0 M97 B Page 2 of 2 SKU Number SKU Description Existing Quantity Incremental quantities 7E7-00001 Project Plan3 frmSA GCC Shared All Lng Subs VL MVL Per User 100 0 7VX-00001 ProjectPlan5GCC ShrdSvr ALNG SubsVL MVL PerUsr 2 0 DDJ-00001 PwrBIProGCC ShrdSvr ALNG SubsVL MVL PerUsr 2 0 Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. Microsoft Internal Use Only: (M97)EnrAmend(Ind)(InvoiceforQuotedPrice)( WW)(ENG)(Dec2019)(IU) .docx M97 B This Amendment must be attached to a signature form to be valid. PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1 Document X20-12873 Previous Enrollment(s)/Agreement(s) Form Entity Name: City of Palo Alto Contract that this form is attached to: State Local Government For the purposes of this form, “entity” can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. Enrollment/Agreement/ Purchasing Account/Affiliate Registration Description Enrollment/Agreement/ Purchasing Account/Affiliate Registration Public Customer Number Transfer SA Benefit Contact Transfer MSDN Subscribers Standard Enrollment 83627424 X City of Palo Alto (ID # 10960) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/24/2020 City of Palo Alto Page 1 Summary Title: Utilities Substructure Standardization with Oldcastle Title: Approve a Blanket Purchase Order With Oldcastle Infrastructure, Inc., as the City's Standard Supplier of Certain Equipment for the Utility's Electric Underground System, in an Annual Amount of $350,000 for a Total Purchase Amount of $1,600,000 Over the Next 4.5 Years From: City Manager Lead Department: Utilities Recommended Motion Staff recommends that Council approve and authorize the City Manager or designee to execute a blanket purchase order with Oldcastle Infrastructure, Inc. (“Oldcastle”), in an amount not-to- exceed $200,000 for the remainder of fiscal year 2020, and $350,000 annually in the following four years, for a total purchase amount not-to-exceed $1,600,000 through fiscal year 2024. Staff recommends standardization with Oldcastle for certain equipment for the utility’s electric underground system, including pre-cast concrete pads, vaults, and covers, consistent with section 2.30.900 of the Palo Alto Municipal Code. Background The Utilities Electric Division (“Utilities”) purchases large, pre-cast concrete pads, vaults, covers, and extensions for its underground infrastructure and requires customers to do the same for their projects. Vaults and covers installed by customers become the property of the City of Palo Alto (“City”) and Utilities is responsible for maintenance and replacement as needed. The materials come in various sizes and styles to meet unique design requirements and field conditions. The vaults contain electric distribution system cables and equipment used to provide power to customers throughout the City. Oldcastle and Jensen Precast (“Jensen”) are the only two vendors on the West Coast that manufacture concrete pads, vaults, extensions, and covers in the sizes and styles that meet Utilities’ standards for the construction of the utility underground electric system. The City has authorized blanket purchase orders with Oldcastle (formerly Old Castle Precast and Utility Vault) for the past fourteen (14) years for these materials. In December 2014, Council authorized Utilities to standardize with Oldcastle for this underground equipment and approved an annual contract amount of $350,000 for 4.5 years. Prior to this standardization, City of Palo Alto Page 2 the City awarded similar contracts to Oldcastle for nine (9) years as the lowest, responsible bidder. Some variances have been allowed for customer-installed equipment or for custom installations, but the vast majority of the vaults installed in Palo Alto are from Oldcastle. Customers have the option to choose the vendor of their choice provided it meets Utilities’ construction standards. Customers/contractors frequently choose Oldcastle because they are a local provider and because it is the utilities standard, but it is not mandatory. Utilities staff is not making any “exceptions” to the rules. Only stating that there are a few instances where there are other vaults other than Old Castle around town. On rare occasions a custom installation may be necessary where the standard equipment is not a good fit for application. Some examples would be for the replacement of older and obsolete equipment, or for equipment with special design requirements/features (strength, security options, etc.). City of Palo Alto Page 3 The City has experience working with Jensen for a specific system improvement project seven (7) years ago, replacing damaged covers. On that project, Utilities experienced problems with the quality of the product provided, fit of the replacement parts, and Jensen’s customer service related to correcting issues. Oldcastle staff has consistently provided City staff timely and responsive service to price quotations, customer requests, materials delivery, and product issues. Discussion Staff recommends standardization with Oldcastle for the equipment for the utility’s electric underground system pursuant to Section 2.30.900 of the Palo Alto Municipal Code. Section 2.30.900 allows the City Manager to determine that standardization of supplies, materials, or equipment demonstrates significant cost savings or is required by the health, safety, or welfare of the people or City employees where, among other factors: repair and maintenance costs would be minimized, supplies or spare parts would be minimized, modifications to existing equipment would not be necessary, and matching existing supplies, materials or equipment is required for proper operation of a function or program. Often, Utilities must repair or modify existing boxes, vaults, and covers, so it is important to have standard specifications for this material and a supplier to ensure uniformity and availability of replacement parts. The vast majority of the City’s existing installed vaults are from Oldcastle. Staff therefore recommends standardization with Oldcastle pursuant to Section 2.30.900 of the Palo Alto Municipal Code for certain equipment for the utility’s electric underground system, including pre-cast concrete pads, vaults, and covers for the following reasons: 1. Repair, maintenance, and replacement costs will be minimized. • Oldcastle is a supplier to PG&E and Palo Alto takes advantage of the bulk pricing discounts achieved when using the same vaults as PG&E. Although Jensen is also an approved supplier to PG&E, the majority of the existing vaults in Palo Alto were made by Oldcastle. • Though vaults from different manufacturers may have similar dimensions, the extensions, covers, and lids are not necessarily interchangeable. With only one supplier, replacement covers, and lids will be readily available and will not require special orders as would be the case if they were from a different supplier. • For a past cover replacement project, several of the custom-made covers manufactured by Jensen did not fit correctly requiring significant additional staff time to correct issues. • Oldcastle has a manufacturing plant in Pleasanton, which allows for faster deliveries and at lower delivery cost, and with easier access for solutions to installation or product issues. Jensen is located in Martinez and Sacramento, which has the potential to increase delivery costs for items necessary for repair, City of Palo Alto Page 4 maintenance and replacement. 2. Supplies or spare parts would be minimized. • As the City uses many of the same vaults as PG&E, Oldcastle keeps a stock on hand that can often readily meet City and customers’ short lead time delivery requirements. • Oldcastle also stocks other vault sizes and covers that meet City specifications. 3. Modifications to existing equipment would not be necessary and the need for custom made equipment would be minimized. • Only Oldcastle can supply the exact replacements lids, covers or extensions for their products without necessitating a special order from the City, which also makes such materials readily available to Utilities and City customers. 4. Matching existing equipment facilitates efficient construction and maintenance practices by helping City employees and customers to more consistently design, identify, and work with existing utility infrastructure. • Use of a standardized provider with consistent design standards helps allow customers and contractors to produce designs and purchase equipment that meets Utilities requirements more easily. • Field workers are familiar with and can easily identify and work with Oldcastle products because of the existing prevalence of those products in the City system. In the past, Council has approved blanket purchase orders for this equipment with annual purchase limits of $250,000 and staff has returned to Council to amend those contract limits three (3) times during the past eleven (11) years because of an increase in customer service requests and capital improvement project needs. Utilities staff is projecting a steady level of new customer service and capital improvement projects this fiscal year. As a result, staff is requesting authorization to set the purchase limit at $350,000 each fiscal year based on historical expenditures and future projections. Timeline The current purchase order with Oldcastle expired in June 2019 and a new, interim purchase order was been created to December 16th, 2019. Utilities is requesting to standardize with Oldcastle and to approve a purchase order of $200,000 for the remainder of FY 2020 and $350,000 annually for the next four (4) fiscal years. In addition to the normal projects, staff will be installing substructures for Underground Utility District 42 and 43 in FY2022, necessitating the funding request. City of Palo Alto Page 5 Resource Impact Funding for this contract is available in the FY 2020 Capital Budget for the Electric Fund Project EL-98003. Funding for subsequent years for the blanket purchase order are subject to City Council approval of annual appropriations. The blanket purchase order format means the City enters a contract for an unspecified number of units, up to a maximum expenditure amount per year (PAMC 2.30.110) and items are ordered as-needed based on standard prices provided from the vendor. Policy Implications This recommendation is consistent with the 2018 Council-approved Utilities Strategic Plan to manage finances optimally and use resources efficiently to meet customer service priorities. Stakeholder Engagement This contract for materials does not directly impact customers that would require community outreach. Customers have the option to purchase and install these materials from any manufacturer as long as it meets Utilities’ construction standards. Similarly, staff requested Council contract approval in December 2014. Environmental Review This blanket purchase order and standardization determination does not meet the definition of a project pursuant to section 21065 of the California Public Resources Code and is otherwise categorically exempt from California Environmental Quality Act (CEQA), under section 15301 (repair or maintenance of existing facilities), and section 15302 (replacement or reconstruction of existing structures and facilities) of California Code of Regulations Title 14 (the “CEQA Guidelines”). City of Palo Alto (ID # 10972) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/24/2020 City of Palo Alto Page 1 Summary Title: EKG Monitor Acquisition Title: Approval to Acquire Replacement Pre-hospital Monitors/Defibrillators for Emergency Responses in a Not-to-Exceed Amount of $709,644 for Fiscal Years 2020-2026 From: City Manager Lead Department: Fire Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute a purchase order for the purchase of 20 replacement cardiac monitors and 5 years of maintenance from Physio-Control/Stryker, for the Fire Department, in an amount not to exceed $709,664 for Fiscal Years 2020-2026. Current monitors are at the end of life, and Physio- Control/Stryker is the sole source provider of new monitor equipment that meets the Department’s operational needs. Background The Fire Department has continued requirements to provide Advanced Life Support (“ALS”) services to the residents of the City of Palo Alto and Stanford Lands. In providing ALS services, the Fire Department is required by Santa Clara County Emergency Medical Services Agency (“SCCoEMS”) to use manual monitors/defibrillators to treat adult and pediatric patients who are suffering from cardiac arrest and other cardiac system failure that require immediate defibrillation, transcutaneous cardiac pacing, cardioversion, and electrocardiogram 12-lead cardiac monitoring. Cardiac monitor/defibrillators are therapeutic diagnostic devices which require FDA approval to be utilized for human medical assessment and treatment. Medical device technology is complex, which requires annual calibration and updates to maintain functionality when used for diagnostic level assessments of cardiac patients. The Palo Alto Fire Department (PAFD) currently has eighteen (18) LifePak15 cardiac monitor/defibrillators (purchased in 2012) which are at the end of their anticipated serviceable life. Each of the monitors require a separate modem device for connectivity and transmission. PAFD worked in partnership with the Information Technology Department to investigate City of Palo Alto Page 2 product availability (FDA approved, EMS appropriate), evaluate product compatibility (seamless integration with our current software environment), evaluate the product’s ability to transmit patient data to the receiving hospital, and conduct field trials to determine the most desirable product for Paramedic field use for replacement. Attachment B includes supporting documentation of the Department’s specifications. Throughout the equipment evaluation process a needs assessment was conducted. Department monitor specifications were developed as a natural extension of this process. Attachment A is the extended warrantee. Due to the nature of the devices, it is required to calibrate and service the monitors no less than once a year. This extended warrantee will pay for the extra services needed to maintain the monitors. The first year is covered with purchase. The warrantee would cover the monitors for an extra five years. The department began evaluating monitor options early in 2019. Since that time all three (3) brands available in the US were considered. Three (3) manufacturers produce cardiac monitor/defibrillators for EMS field use compatible with our patient care report application (ESO-EHR). These are: Zoll Medical Corp., the maker of the Zoll X-Series monitor/defibrillator; Philips/RDT, the maker of the Tempus ALS monitor/defibrillator; and Physio-Control/Stryker, the maker of the LifePak 15 monitor/defibrillator. Department personnel evaluated the all the devices. PAFD recommends awarding the agreement to Physio-Control/Stryker, to purchase twenty (20) new LifePak15 cardiac monitor/defibrillators. PAFD added two additional ambulances to the fleet for cross-staffed engines in 2017. PAFD would replace the current 18 monitors and add two (2) extra monitors with modems including updated accessories, to prepare the added ambulances for readiness in emergencies. This ensures the required equipment is available for response to emergency calls for service. There are no other current vendors that will seamlessly interface with our current system. Discussion The City Manager recommends sole source procurement from Physio-Control/Stryker in accordance with Palo Alto Municipal Code section 2.30.360(d). Attachment C is a letter from the manufacturer describing that they are the only provider in our area that sells this product, supporting the Department’s recommendation for sole-source procurement. Staff found options for refurbished or used equipment during our research, but warranties may not apply, and on-site service wouldn’t be available or replacement equipment, etc. Because of the specialized nature of EMS, cardiac monitors/defibrillators that support our policies, procedures, transmissions and, quality improvement includes high performance CPR reports, 12 lead acquisition and transmission, along with a user-friendly interface require an intuitive and reliable monitor. Since the monitors need to last 6-8 years, we also looked at future needs in monitoring that are in process currently, e.g. carbon monoxide monitoring. Any purchase this significant must be reliable due to medical liability reasons. To purchase new and City of Palo Alto Page 3 not refurbished or used equipment, Physio-Control/Stryker is the only distributer on the West Coast. LifePak 15 is the only product that meets the PAFD’s operational needs: FDA approved, durable, and seamless data transmissions to patient care application(s). This includes Bluetooth and cellular modems to allow a seamless interface with our patient care report and redundancy for transmission to the receiving facilities with critical cardiac patients. In emergency situations, a three-step procedure vs a-six-step procedure will make a significant difference in time and simplicity when working on the patient’s behalf for a positive outcome. LifePak device and its accessories are exclusively available from Physio-Control/Stryker; thus, solicitations of bids or proposals would be impracticable. The current device in use is a LifePak 15, so all crews are familiar with and trained on this device. This allows for a seamless upgrade without further need for training. The LifePak 15 Monitor is compatible with Stanford’s existing LifeNet system. LifeNet is an FDA approved STEMI (Heart Attack) management system. This proprietary technology makes possible advance protocol activations and patient care decisions when time to treatment is critical to survival. This purchase will continue to allow the best use of the present system. LifePak 15 monitors are made and distributed exclusively by Physio-Control/Stryker. The LifePak 15 monitor is subject to rigorous testing so that the device will be useful for many years. However, rapid technological innovation limits the useful life of all modern medical devices. The American Hospital Association suggests a 5-year useful life expectancy for monitor defibrillators. Physio-Control/Stryker, the manufacturer of the LifePak 15, recommends adopting a 6-8-year useful life expectancy for this device. This purchase will include a 5-year service and maintenance contract to ensure reliable device operation for at least that length of time. The expected length of the contract would be from time of deployment for 6 years, to run from 2020-2026, including first year service with purchase and a 5-year service agreement. Timeline Attachment B shows the quote for purchase of the new monitors and trade-in of the old monitors is in effect until February 29, 2020. This would realize the best price for the trade-in of the older models at the price of $5,000 each. This quote was extended an extra two months beyond December 2019 due to Palo Alto’s internal process and allow enough time to create a PO. If the timeline passes without an issued PO, the trade-in value could be reduced to $2,500 each. This would reduce the value by $45,000. The current warranties on the older monitors will expire by the end of the year 2020 and would need to be extended. Staff recommends Council approve processing the PO before the end of February 2020 to retain the current value. Resource Impact City of Palo Alto Page 4 Funds for this contract is available in the Cardiac Monitor Replacement Project (FD-20000). No further funding is necessary for this project. Stakeholder Engagement Stakeholder engagement for this project consisted of the request for quotations and bidding process described above. No public engagement was deemed necessary since the request is for purchase of equipment only. Environmental Review This purchase of equipment does not meet the definition of a project under Section 21065 of the California Public Resources Code since it will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Attachments: • Attachment A: Palo Alto FD LP15 procare quote • Attachment B: Palo Alto FD LP15 quote • Attachment C: 2019.07.Sole source letter Quote Summary Delivery Address End User - Shipping - Billing Bill To Account Name: CITY OF PALO ALTO FIREDEPT Name: CITY OF PALO ALTO FIREDEPT Name: CITY OF PALO ALTO Account #: 1200423 Account #: 1200423 Account #: 1187037 Address: 2675 HANOVER DR Address: 2675 HANOVER DR Address: PO BOX 10250 PALO ALTO PALO ALTO PALO ALTO California 94301 California 94301 California 94303 ProCare Products: # Product Description Years Qty Sell Price Total 23.1 78000008 On Site Prevent for LIFEPAK 15 V4 Monitor/Defib -Manual & AED, Trending, Noninvasive Pacing, SpO2,SpCO, NIBP, 12-Lead ECG, EtCO2, BT. 5 20 $7,650.00 $153,000.00 ProCare Total: $153,000.00 Price Totals: Comments/Terms/Signatures Prices: In effect for 60 days. Terms: Net 30 Days Ask your Stryker Sales Rep about our flexible financing options. ________________________________________ AUTHORIZED CUSTOMER SIGNATURE LP15s Quote Number: 10081020 Remit to: P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF PALO ALTO FIRE DEPT Rep: Antonella Bondi Attn: Email: antonella.bondi@stryker.com Phone Number: Quote Date: 12/10/2019 Expiration Date: 02/28/2020 1 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 DocuSign Envelope ID: 168313B0-E99B-4905-8034-8AC29BE7AC5B Quote Summary Delivery Address End User - Shipping - Billing Bill To Account Name: CITY OF PALO ALTO FIREDEPT Name: CITY OF PALO ALTO FIREDEPT Name: CITY OF PALO ALTO Account #: 1200423 Account #: 1200423 Account #: 1187037 Address: 2675 HANOVER DR Address: 2675 HANOVER DR Address: PO BOX 10250 PALO ALTO PALO ALTO PALO ALTO California 94301 California 94301 California 94303 Equipment Products: # Product Description Qty Sell Price Total 1.0 99577-001957 LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending,Noninvasive Pacing, SpO2, SpCO, NIBP, 12-Lead ECG,EtCO2, BT. 20 $26,770.00 $535,400.00 2.0 41577-000288 Ship Kit -QUIK-COMBO Therapy Cable; 2 rolls100mmPaper; RC-4, Patient Cable, 4ft.; NIBP Hose, Coiled;NIBP Cuff, Reusable, adult; 12-Lead ECG Cable, 4-WireLimb Leads, 5ft; 12-Lead ECG Cable, 6-Wire Precordialattachment 20 $0.00 $0.00 3.0 21330-001176 LP 15 Lithium-ion Battery 5.7 amp hrs 80 $294.00 $23,520.00 4.0 11140-000015 AC power cord 12 $58.10 $697.20 5.0 11140-000052 LP15 REDI-CHARGE Adapter Tray 12 $152.60 $1,831.20 6.0 11141-000115 REDI-CHARGE Base (power cord not included) 12 $1,123.50 $13,482.00 7.0 11160-000011 NIBP Cuff-Reusable, Infant 20 $16.10 $322.00 8.0 11160-000013 NIBP Cuff-Reusable, Child 20 $18.20 $364.00 9.0 11160-000015 NIBP Cuff-Reusable, Adult 20 $22.40 $448.00 10.0 11160-000017 NIBP Cuff -Reusable, Large Adult 20 $25.20 $504.00 11.0 11160-000019 NIBP Cuff-Reusable, Adult X Large 20 $35.70 $714.00 12.0 11220-000028 LIFEPAK 15 Carry case top pouch 20 $42.70 $854.00 13.0 11260-000039 LIFEPAK 15 Carry case back pouch 20 $60.90 $1,218.00 14.0 11577-000002 LIFEPAK 15 Basic carry case w/right & left pouches;shoulder strap (11577-000001) included at no additionalcharge when case ordered with a LIFEPAK 15 device 20 $235.90 $4,718.00 15.0 11996-000474 4G Modem: Verizon Cellular (for use on customer dataplan; purchased separately) 2 $843.50 $1,687.00 LP15s Quote Number: 10081020 Remit to: P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF PALO ALTO FIRE DEPT Rep: Antonella Bondi Attn: Email: antonella.bondi@stryker.com Phone Number: Quote Date: 12/10/2019 Expiration Date: 02/28/2020 1 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 DocuSign Envelope ID: 168313B0-E99B-4905-8034-8AC29BE7AC5B # Product Description Qty Sell Price Total 17.0 11171-000046 Masimo™M-LNCS® DCI, Adult Reusable SpO2 onlySensor. For use with RC Patient Cable. 40 $210.70 $8,428.00 18.0 11996-000339 Masimo™;Rainbow™; Adhesive SpO2, SpCO, SpMetSensor - Adult. Box of 10. For use with RC Patient Cable. 5 $500.50 $2,502.50 19.0 11996-000341 Masimo™;Rainbow™; Adhesive SpO2, SpCO, SpMetSensor - Neonatal/Adult. Box of 10. For use with RCPatient Cable. 5 $500.50 $2,502.50 20.0 11996-000081 FilterLine Set Adult/Pediatric (box of 25) 2 $200.20 $400.40 21.0 11996-000163 SmartCapnoLine Plus w/O2 delivery - Adult/Intermediate patients>44lbs, 25/box 2 $249.90 $499.80 22.0 11996-000128 SmartCapnoLine w/O2 delivery - Pediatric patients<44lbs (box of 25) 2 $303.80 $607.60 Equipment Total: $600,700.20 Trade In Credit: Product Description Qty Credit Ea. Total Credit 50994-000105 Trade in of LIFEPAK 15 4+ features towards the purchaseof a Stryker device 18 -$5,000.00 -$90,000.00 Price Totals: Estimated Sales Tax (9.000%): $45,963.02 Freight/Shipping: $0.00 Grand Total: $556,663.22 Comments/Terms/Signatures Prices: In effect for 60 days. Terms: Net 30 Days Ask your Stryker Sales Rep about our flexible financing options. LP15s Quote Number: 10081020 Remit to: P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF PALO ALTO FIRE DEPT Rep: Antonella Bondi Attn: Email: antonella.bondi@stryker.com Phone Number: Quote Date: 12/10/2019 Expiration Date: 02/28/2020 2 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 DocuSign Envelope ID: 168313B0-E99B-4905-8034-8AC29BE7AC5B ________________________________________ AUTHORIZED CUSTOMER SIGNATURE LP15s Quote Number: 10081020 Remit to: P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF PALO ALTO FIRE DEPT Rep: Antonella Bondi Attn: Email: antonella.bondi@stryker.com Phone Number: Quote Date: 12/10/2019 Expiration Date: 02/28/2020 3 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 DocuSign Envelope ID: 168313B0-E99B-4905-8034-8AC29BE7AC5B Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. Terms: Net 30 days. FOB origin. A copy of Stryker Medical’s standard terms and conditions can be obtained by calling Stryker Medical’s Customer Service at 1-800-Stryker. In the event of any conflict between Stryker Medical’s Standard Terms and Conditions and any other terms and conditions, as may be included in any purchase order or purchase contract, Stryker’s terms and conditions shall govern. Cancellation and Return Policy: In the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation. Cancellation of orders must be received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25% of the total purchase order price and return shipping charges will apply. 4 DocuSign Envelope ID: 168313B0-E99B-4905-8034-8AC29BE7AC5B Dear Customer, Physio-Control, Inc. is the sole-source provider in the Hospital (hospitals and hospital-owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets for the following products: New LIFEPAK® 15 monitor/defibrillators New LIFEPAK 20e defibrillator/monitors New LIFEPAK 1000 automated external defibrillators New LUCAS® Chest Compression Systems TrueCPR™ Coaching Devices Physio-Control, Inc. is the sole-source provider in all markets for the following products & services: RELISM (Refurbished Equipment from the Lifesaving Innovators) devices LIFENET® System and related software Factory-authorized inspection and repair services which include repair parts, upgrades, inspections and repairs HealthEMS® Software HomeSolutions.NET® Software ACLS (non-clinical) LIFEPAK® defibrillator/monitors Physio-Control is also the sole source distributor of the following products for EMS customers in the U.S. and Canadian markets: McGRATH® MAC EMS Video Laryngosope McGRATH® MAC Disposable Laryngoscope Blades McGRATH® X Blade™ Physio-Control does not authorize any resellers to sell these products or services in the markets listed above. We will not fulfill orders placed by non-authorized businesses seeking to resell our products. If you have questions, please feel free to contact your local Physio-Control sales representative at 800.442.1142. Best regards, PHYSIO-CONTROL, INC. ______________________ Allan Criss Vice-President, Americas Sales Attachment C City of Palo Alto (ID # 11028) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/24/2020 City of Palo Alto Page 1 Summary Title: Second Reading: Safe Parking Title: SECOND READING: Adoption of an Interim Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow Overnight Safe Parking on Sites in All Zoning Districts With a Church or Religious Institution; Establishing Related Regulations, and Finding the Ordinance Exempt From California Environmental Quality Act (CEQA) Unde Guidelines Section 15301 (FIRST READING: January 13, 2020, PASSED 7-0) From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that the City Council: (a) Find the proposed Ordinance exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines; and (b) Adopt an Interim Ordinance (Attachment A) Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow Overnight Safe Parking as an Ancillary Use to a Church and Religious Institutions Use in All Zoning Districts Where Churches and Religious Institutions are an Allowed Use, and Establishing Temporary Regulations Related to Safe Parking, Including a Maximum Number of Vehicles Per Night on Each Site. Executive Summary This Ordinance was first heard by the City Council on January 13, 2020, where it was adopted unanimously with two changes: (i) Establish a pilot period of 18 months; and (ii) Remove the sunset provision. City of Palo Alto Page 2 Minutes from the Council meeting are available online.1 The ordinance was ultimately adopted with a vote of 7-0. It is now before the Council for the second reading. The attached ordinance (Attachment A) incorporates the Council-directed changes. The safe parking permit duration was modified to 18 months. The sunset date was removed; however, staff intends to return to Council with a safe parking ordinance to continue beyond this pilot period, informed by experience in implementing the pilot and after review by the Planning and Transportation Commission. The ordinance also includes other minor clarifications and technical corrections. All additions are shown in underline and deletions in strikethrough. Safe parking refers to programs and places which allow households dwelling in their vehicles to park vehicles in a designated off-street parking lot overnight. The programs provide a place for the households to park during the evening and nighttime hours, as well as connect the households to services, and a path to stable, permanent housing. The programs aim to address the growing number of households in Palo Alto dwelling in vehicles. Background For more information regarding safe parking, and the development of this ordinance, please refer to the staff reports and minutes from prior Committee and Council meetings. Meeting Reports Minutes 1-13-2020 City Council https://www.cityofpaloalto.org/civicax /filebank/documents/74723 https://www.cityofpaloalto.org /civicax/filebank/blobdload.asp x?t=41554.16&BlobID=74969 11-12-2019 Policy & Services Committee https://www.cityofpaloalto.org/civicax /filebank/blobdload.aspx?t=64421.64 &BlobID=74001 https://www.cityofpaloalto.org /civicax/filebank/blobdload.asp x?t=45151.19&BlobID=74755 9-10-2019 Policy & Services Committee Meeting https://www.cityofpaloalto.org/civicax /filebank/blobdload.aspx?t=53413.28 &BlobID=73215 https://www.cityofpaloalto.org /civicax/filebank/blobdload.asp x?t=48524.18&BlobID=73675 6-10-2019 Colleagues’ Memorandum: https://www.cityofpaloalto.org/civicax /filebank/blobdload.aspx?t=41728&Bl obID=71688 https://www.cityofpaloalto.org /civicax/filebank/blobdload.asp x?t=71062.13&BlobID=72707 1 Minutes from January 13, 2020 City Council Meeting: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=41554.16&BlobID=74969 City of Palo Alto Page 3 Environmental Review The Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, which applies to minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use. Adopting the Ordinance to allow the use of existing parking lots for temporary overnight safe parking would not constitute any significant expansion of use. CEQA Guidelines Section 15061(b)(3) also applies to the adoption of the Ordinance because it can be seen with certainty that there is no possibility that the activity of limited parking overnight in existing parking lots may have a significant effect on the environment. Attachments: Attachment A: Ordinance (PDF) * NOT YET ADOPTED * 2020011602 1 Ordinance No. ____ Interim Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Adopt Temporary Regulations Relating to Safe Parking The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: A. The number of households dwelling in vehicles has grown substantially in the past decade. The lack of stable, affordable housing and other life circumstances have contributed to this growth. B. On thoroughfares throughout the city, individuals, families, and households of many kinds can be found dwelling in recreational vehicles, trucks, vans, cars, and other motorized vehicles. C. The City must, for the health, safety, and welfare of the community, identify and implement short-term and long-term solutions that support these households as they pursue and ultimately secure affordable, stable housing. Safe parking programs, which offer off-street, authorized parking spots in parking lots for households dwelling in their vehicles, represent a short-term solution. D. Churches and other religious institutions have expressed a desire and willingness to make their parking areas available for safe parking programs. Allowing such legally operating churches and other religious institutions to host safe parking programs for up to four vehicles in their parking lots overnight provides assistance to homeless households as they seek and follow a path towards stable housing. The provision of such assistance is a use consistent with the mission and purpose of many congregations and religious institutions. E. The presence of four vehicles in such parking lots overnight and the accompanying administration of assistance is a minor additional use that would not conflict with the primary use of the properties nor threaten the health, safety, or welfare of the community or its inhabitants. The administration of such programs serves to enhance the health, safety, and welfare of the community. // // // * NOT YET ADOPTED * 2020011602 2 SECTION 2. The Accessory and Support Uses portion of Table 1 of Section 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single-Family Residential District) of Title 18 (Zoning) is hereby amended as follows: 18.12.030 Land Uses The permitted and conditionally permitted uses for the single family residential districts are shown in Table 1: TABLE 1 PERMITTED AND CONDITIONALLY PERMITTED LOW-DENSITY RESIDENTIAL USES R-1 and all R-1 Subdistricts Subject to Regulations for: ACCESSORY AND SUPPORT USES Accessory facilities and uses customarily incidental to permitted uses with no more than two plumbing fixtures and no kitchen facility, or of a size less than or equal to 200 square feet P 18.04.030(a)(3) 18.12.080 Accessory facilities and uses customarily incidental to permitted uses with more than two plumbing fixtures (but with no kitchen), and in excess of 200 square feet in size, but excluding second dwelling units CUP 18.12.080 Home occupations, when accessory to permitted residential uses P 18.42.060 Horticulture, gardening, and growing of food products for consumption by occupants of the site P Accessory Dwelling Units P(1) 18.42.040 Junior Accessory Dwelling Unit P(1) 18.42.040 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS AND ASSEMBLY USES Private Educational Facilities CUP Churches and Religious Institutions CUP . . . SECTION 3. The Accessory and Support Uses portion of Table 1 of Section 18.13.030 (Land Uses) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.13.030 Land Uses Table 1 specifies the permitted and conditionally permitted land uses in the multiple-family residence districts. * NOT YET ADOPTED * 2020011602 3 TABLE 1 MULTIPLE FAMILY RESIDENTIAL USES [P = Permitted Use • CUP = Conditional Use Permit Required] RM-20 RM-30 RM-40 Subject to regulations in: ACCESSORY AND SUPPORT USES Accessory Facilities and uses customarily incidental to permitted uses P P P Chapter 18.40 Accessory Dwelling Unit when accessory to permitted single-family residence P(1) & (4) P(1) & (4) P(2) & (4) 18.42.040 Home Occupations, when accessory to permitted residential uses P P P Chapter 18.42 Horticulture, Gardening, and Growing of food products for consumption by occupants of a site P P P Surface Parking Facilities located on abandoned railroad rights-of-way CUP CUP Safe Parking 18.42.160 EDUCATIONAL RELIGIOUS, AND ASSEMBLY USES Churches and Religious Institutions CUP CUP CUP Private Clubs, Lodges, or Fraternal Organizations, excluding any such facility operated as a business for profit CUP Private Educational Facilities CUP CUP CUP . . . SECTION 4. The Accessory and Support Uses portion of Table 1 of subsection (a) of Section 18.16.040 (Land Uses) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.16.040 Land Uses . . . (a) Commercial Zones and Land Uses Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1: * NOT YET ADOPTED * 2020011602 4 TABLE 1 MULTIPLE FAMILY RESIDENTIAL USES [P = Permitted Use • CUP = Conditional Use Permit Required] LAND USE CN (4) CC, CC(2) CS (4) Subject to Regulations In: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use. P P P 18.42 Drive-in services or take-out services associated with permitted uses(3) CUP CUP CUP 18.42 Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet. CUP 18.42, 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities CUP P P Private Clubs, Lodges, or Fraternal Organizations CUP P P . . . // // // // // // // // * NOT YET ADOPTED * 2020011602 5 SECTION 5. The Accessory and Support Uses portion of Table 1 of Section 18.18.050 (Land Uses) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is hereby amended as follows: 18.18.050 Land Uses TABLE 1 CD PERMITTED AND CONDITIONALLY PERMITTED USES P = Permitted Use • CUP = Conditional Use Permit Required CD-C CD-S CD-N Subject to Regulations In Chapter: ACCESSORY AND SUPPORT USES Accessory facilities and activities associated with or essential to permitted uses, and operated incidental to the principal use P P P Drive-in or Take-out Services associated with permitted uses (2) CUP CUP CUP Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet CUP 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities P P CUP Private Clubs, Lodges, or Fraternal Organizations P P CUP . . . SECTION 6. The Accessory and Support Uses portion of Table 1 of subsection (a) of Section 18.20.030 (Land Uses) of Chapter 18.20 (Office, Research, and Manufacturing (MOR, ROLM, RP and GM) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.20.030 Land Uses (a) Permitted and Conditionally Permitted Land Uses Table 1 lists the land uses permitted or conditionally permitted in the industrial and manufacturing districts. * NOT YET ADOPTED * 2020011602 6 TABLE 1 Industrial/Manufacturing District Land Uses [P = Permitted Use • CUP = Conditional Use Permit Required] MOR ROLM ROLM(E) RP RP(5) GM Subject to Regulations In Chapter: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use. P P P P Chs.18.40, 18.42 Automatic Teller Machines P P P P 18.20.030(d) Home Occupations, when accessory to permitted residential uses. P P P P Chs. 18.40, 18.42 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P Religious Institutions P P P Colleges and Universities P P P Private Clubs, Lodges, or Fraternal Organizations CUP CUP CUP CUP Private Schools (K-12) CUP CUP CUP CUP . . . SECTION 7. The Accessory and Support Uses portion of Table 1 of Section 18.28.040 (Land Uses) of Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) of Title 18 (Zoning) is hereby amended as follows: 18.28.040 Land Uses Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special Purpose Districts. // // // // * NOT YET ADOPTED * 2020011602 7 TABLE 1 Land Uses PF OS AC Subject to Regulations In Chapter: ACCESSORY AND SUPPORT USES Accessory facilities and accessory uses P Chs. 18.40, 18.42 Eating and drinking services in conjunction with a permitted use CUP(1) Retail services as an accessory use to the administrative offices of a non-profit organization, provided that such retail services do not exceed 25% of the gross floor area of the combined administrative office services and retail service uses CUP(1) Retail services in conjunction with a permitted use CUP(1) Sale of agricultural products produced on the premises; provided, that no permanent commercial structure for the sale or processing of agricultural products shall be permitted. P Accessory dwelling units, subject to regulations in Section 18.42.040 P(2) 18.42.040 Junior accessory dwelling unit P(2) 18.42.040 Safe Parking 18.42.160 AGRICULTURAL AND OPEN SPACE USES 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 chapter P P Botanical conservatories, outdoor nature laboratories, and similar facilities P Native wildlife sanctuaries P Park uses and uses incidental to park operation P EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business or trade schools CUP (1) Churches and religious institutions CUP (1) Educational, charitable, research, and philanthropic institutions CUP Private educational facilities CUP (1) Public or private colleges and universities and facilities appurtenant thereto CUP Special education classes CUP(1) . . . * NOT YET ADOPTED * 2020011602 8 SECTION 8. The Accessory and Support Uses portion of Table 1 of Section 18.36.040 (Land Uses) of Chapter 18.36 (Hospital (HD) District) of Title 18 (Zoning) is hereby amended as follows: 18.36.040 Land Uses The uses of land allowed by this chapter in the HD district are identified in the following table. Land uses that are not listed on the table are not allowed, except where otherwise noted. Permitted and conditionally permitted land uses for the HD district are shown in Table 1: TABLE 1 HD Permitted and Conditional Uses LAND USE HD Subject to Regulations in: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use P Ch. 18.40, 18.42 Eating and drinking services in conjunction with a permitted use P Retail services in conjunction with a permitted use P Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Churches and religious institutions P Public or private colleges and universities and facilities appurtenant thereto CUP . . . SECTION 9. Chapter 18.38 (PC Planned Community District Regulations) of Title 18 (Zoning) is hereby amended to add a new Section 18.38.180 (Safe Parking) to read as follows: 18.38.180 Safe Parking Safe Parking in compliance with Section 18.42.160 of this code is allowed on any site in the PC district with a legal Church or Religious Institution use. SECTION 10. Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) is hereby amended to add a new Section 18.42.160 (Safe Parking) to read as follows: 18.42.160 Safe Parking The following regulations apply to zoning districts where safe parking use is permitted. * NOT YET ADOPTED * 2020011602 9 (a) Purpose The intent of this section is to establish regulations to govern the operation of safe parking programs at churches and religious institutions within the city of Palo Alto. The safe parking programs provide interim assistance to households using vehicles as their residence by providing a safe place to park, access to restroom facilities, connection to social service programs, and other support to transition households into permanent, stable housing. (b) Definitions (1) “Safe Parking” means the providing of shelter of homeless persons as an incidental use to an existing, legal Church or Religious Institution use where the shelter is provided in vehicles located in designated paved Safe Parking Areas. (2) “Safe Parking Area” means the paved area where the vehicles are parked for the Safe Parking use. (3) “Safe Parking Program Operator” means an agency or organization that facilitates, administers, oversees, and provides staffing for Safe Parking uses in Safe Parking Areas. (c) Safe Parking Permit Required (1) Permit required. No person shall operate, allow, permit or suffer a Safe Parking use without approval of a valid safe parking permit. (2) Application requirements. All applications pursuant to this Section shall be filed with the Director in a form prescribed by the Director. The application form shall contain a list of information that must be submitted in order for the application to be deemed complete. (3) Receipt of application. No application shall be deemed received until the following have been provided to the Planning and Development ServicesDirector: (i) An application fee as set forth in the Municipal Fee Schedule; and (ii) All documents specified as part of the application in this Section or on the application form. (d) Decision and Appeal. Notwithstanding the provisions of Chapter 18.77, the procedures of this Section shall apply to all safe parking permits. (1) Authority and Findings. The Director may approve a safe parking permit only after finding that: * NOT YET ADOPTED * 2020011602 10 (i) The proposed Safe Parking use complies with the standards listed in subsection (f) of this Section 18.38.160 18.42.160. (ii) The proposed Safe Parking use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area. (iii) The proposed site is adequate in size and shape to accommodate the Safe Parking use. The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings. (2) Decision by Director. (i) The Director shall prepare a written decision to approve, approve with conditions, or deny the application. (ii) Notice of the Director’s decision shall be given by mail to owners and residents of property within 600 feet of the subject property. The notice shall include the address of the property, a brief description of the proposed use, a brief description of the Director’s decision, and a description of how to appeal the decision. (iii) The Director’s decision shall become final fourteen (14) days after the date the notice is mailed unless an appeal is filed. The Director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she the Director issues the decision. (3) Filing of Appeal and Withdrawal. Notwithstanding the provisions of Chapter 18.78, the process set forth in this subsection (d)(3) and subsections (d)(4)-(d)(5) below of this Section shall apply to appeals of the Director’s decision on safe parking permits. (i) The applicant or subject property owner, or owners or residents of a property within 600 feet of the subject property, may file an appeal of the Director’s decision by filing a written request with the City Clerk before the date the Director’s decision becomes final. The written request shall be filed in a manner prescribed by the Director and shall be accompanied by a fee, as set forth in the Municipal Fee Schedule. (ii) At any time prior to the hearing, the person requesting the hearing may withdraw the request. If the hearing request is withdrawn and fourteen (14) days have lapsed from the mailing date of the notice under subsection (iii),(d)(2) above, the proposed Director’s decision shall be final. * NOT YET ADOPTED * 2020011602 11 (4) Decision by the City Council on Appeal. If a timely appeal is received by the City Clerk, and not withdrawn, the Director’s decision shall be placed on the consent calendar of the City Council within 45 days. The City Council may: (i) Adopt the findings and recommendation of the Director; or (ii) Remove the recommendation from the consent calendar, which shall require three votes, following which the City Council shall adopt findings and take action on the application. (5) Decision by the City Council Final. The decision of the City Council on appeal is final. (e) Duration of Permits. Permits shall be valid for a period of up to 18 months unless suspended or revoked sooner as set forth in this Section. (1) Initial term. Permits shall be valid for a period of up to 90 calendar days unless suspended or revoked sooner as set forth in this Section. (2) Extension term. If the Director does not find any violation of the permit conditions or this Section during the initial 90-day period, the permit shall be automatically extended for up to an additional 270 calendar days. (3) Renewal term. If the Director does not find any violation of the permit conditions or this Section during the 270-day extension period, the permit shall be renewed and be valid for a period of up to one year or the expiration of this interim Ordinance No. ___________, whichever is earlier. (4) Expiration of interim ordinance. In no event shall a permit be valid beyond the expiration date of interim Ordinance No. ___________. (f) Standards and Conduct of Use The following standards shall apply to all Safe Parking uses: (1) Qualifying site. Safe Parking may be allowed on a parcel with an existing, legal Church or Religious Institution use. (2) Number of vehicles. At no time shall more than four (4) vehicles be used for Safe Parking. (3) Hours of operation. A Safe Parking use may only occur between the hours of 6:00 p.m. and 8:00 a.m. * NOT YET ADOPTED * 2020011602 12 (4) Noise. Audio, video, generator, or other amplified sound that is audible outside the vehicles parked in the Safe Parking program is prohibited. (5) Shelter in vehicles. All persons receiving Safe Parking shall shelter within the vehicles. No person shall be housed in tents, lean-tos, or other temporary facilities. (6) Required facilities. Accessible restroom facilities, including a toilet and handwashing sink, shall be available to persons utilizing the site for Safe Parking at all times during the hours of operation. These facilities may be the existing onsite facilities or mobile facilities brought onsite on a temporary basis to serve persons utilizing Safe Parking. (7) Contact information. The following emergency contact information shall be posted on site in a place readily visible to persons utilizing Safe Parking: (i) a contact phone number for the Safe Parking Program Operator; (ii) the police non-emergency phone number; and (iii) 911. The Safe Parking Program Operator shall be available at all hours of operation at the posted phone number and shall be the first contact for non-emergency matters. (8) Connection to county case management system. The Safe Parking use shall be managed and operated by a Safe Parking Program Operator that participates in the federal Homeless Management Information System with Santa Clara County or other county. (9) Safe, clean, orderly premises. The Safe Parking Area and other onsite areas accessed by persons utilizing Safe Parking shall be maintained in a safe, clean and orderly condition and manner. (10) Compliance with laws. The Safe Parking use shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements. (g) No Assignment of Permit. No person shall assign or transfer a safe parking program permit issued under this Section. (h) Suspension, Revocation and Modification (1) Grounds for suspension, revocation or modification. The Director may suspend, revoke or modify a permit, according to the procedures set forth in subsection (h)(2) below, if the Director finds that: (i) Operation of the safe parking program violates any provision of this Section, other applicable provision of this Code, or state law; or (ii) Operation of the safe parking program is detrimental to public health, safety or the general welfare. * NOT YET ADOPTED * 2020011602 13 (2) Procedure for suspension, revocation or modification of approval. (i) Public hearing by Director (a) Notice to permit holder. Whenever the Director believes that grounds for the suspension, revocation, or modification of a permit exist, the Director shall give the permit holder written notice of the date, time and place of a hearing to be held before the Director on whether the permit should be suspended, revoked, or modified. The notice shall state the alleged grounds for the proposed revocation, suspension or modification of the permit, and the notice shall be served on the permit holder by mail at least ten (10) days prior to the hearing at the most recent home or business address on file with the Planning and Development Services Department. (b) Notice to public. Notice of the hearing shall be given at least ten (10) days prior to the hearing by mailing to all residents and owners of property within 600 feet of the subject property. (ii) Decision of the Director. (a) Within ten (10) days following the hearing, the Director shall prepare a written decision to revoke, suspend, modify, or leave unchanged the permit. (b) Notice of the decision shall be provided by mail to the permit holder, by posting on the Planning and Development Services’ Department’s website and by email to other interested persons who requested notice to the Planning and Development Services Department. (c) The Director’s decision shall become final ten (10) days after the notice is mailed to the permit holder unless a timely appeal is filed. (iii) Request for appeal hearing. The permit holder or subject property owner, or owners or residents of a property within 600 feet of the subject property may file an appeal of the Director’s decision with the City Clerk. The appeal shall be filed in written form in a manner prescribed by the Director. (iv) Decision by the City Council on appeal. If a timely appeal is received by the City Clerk, and not withdrawn, the Director’s decision shall be placed on the consent calendar of the City Council within 45 days. The City Council may: * NOT YET ADOPTED * 2020011602 14 (a) Adopt the findings and recommendation of the Director; or (b) Remove the recommendation from the consent calendar, which shall require three votes, following which the City Council shall adopt findings and take action on the application. (v) Effective date of revocation, suspension or modification. The decision of the City Council is final. The revocation, suspension or modification will be effective five (5) days after mailing of the decision addressed to the permit holder. SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 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 and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 12. The Council finds that the Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, which applies to minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use. Adopting the Ordinance to allow the use of existing parking lots for temporary overnight safe parking would not constitute any significant expansion of use. CEQA Guidelines Section 15061(b)(3) also applies to the adoption of the Ordinance because it can be seen with certainty that there is no possibility that the activity of limited parking overnight in existing parking lots may have a significant effect on the environment. The Council further finds that the potential exceptions to the categorical exemption in CEQA Guidelines Section 15300.2 are not applicable. Use of existing parking lots in the operation of temporary safe parking does not impose a significant cumulative impact over time as the use as a parking lot is generally unchanged and the safe parking use is limited to a short duration; it is not an unusual circumstance to modify the hours of use of existing facilities, and there is nothing unusual about the size or location of the existing parking lots at which temporary overnight safe parking would be allowed; the use of existing parking lots does not adversely impact scenic or historical resources; and the Ordinance does not involve hazardous sites as it relates to existing parking lots and no ground disturbance would result from implementation of the Ordinance. // // // // // * NOT YET ADOPTED * 2020011602 15 SECTION 13. This Ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire upon adoption of replacement legislation by the City Council or on March 1, 2022, whichever occurs first. Upon expiration of this Ordinance, the City Clerk shall direct the City’s codifier to update the Palo Alto Municipal Code as appropriate. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services CITY OF PALO ALTO OFFICE OF THE CITY CLERK February 24, 2020 The Honorable City Council Palo Alto, California Approval of the Appointment of Council Member Kniss as the Alternate to the Santa Clara Valley Transportation Authority (VTA) Group 2 Cities Working Group Staff Recommendation Staff recommends the appointment of Council Member Kniss to the position of VTA alternate for 2020, representing the Group 2 Cities Working Group (North County Cities Group). Background Last year Mayor Fine was nominated by the Group 2 Cities Working Group and appointed by the Council for a 2-year term covering 2019-2020. The Group 2 Cities Working Group has nominated Council Member Kniss to complete the second year of the term that Mayor Fine held. ATTACHMENTS: • Attachment A: Appointment of Counci Member Kniss as alternate to VTA- 2020 (PDF) Department Head: Beth Minor, City Clerk Page 2 City of Palo Alto (ID # 11078) City Council Staff Report Report Type: Action Items Meeting Date: 2/24/2020 City of Palo Alto Page 1 Council Priority: Transportation and Traffic Summary Title: Evaluation of the Neighborhood Traffic Safety and Bicycle Boulevard Phase 1 Project Title: Evaluation of the Neighborhood Traffic Safety and Bicycle Boulevard Phase 1 Project, Including Acceptance of Findings Regarding Increasing Bicycle Usage, Affirmation or Approval of Project Modifications, Affirmation of Planned Education Activities and Process to Update Community Engagement, and Acknowledgement of Associated Actions by Staff From: City Manager Lead Department: Transportation Recommendation: Staff recommends that the City Council: 1. Accept this report on the Ross Road Bicycle Boulevard and Moreno/Amarillo Bicycle Boulevard project, 2. Affirm the implemented modifications that have been made to the Bicycle Boulevard Phase 1 plan originally approved by the City, 3. Approve proposed modifications including the designation of Ross Road and E. Meadow Drive as a two-way stop with the stops on E. Meadow Drive, the reassignment of stop controls on Louis Road at Moreno Avenue (west), at Moreno Avenue (east), at Fielding Drive, and at Amarillo Avenue, and the installation of supplemental warning and guide signs and pavement markings, 4. Affirm planned efforts by staff to enhance educational activities to address the observed unsafe behavior of motorists, bicyclists, and pedestrians, 5. Affirm that the community engagement process will be updated to reflect the lessons learned with the input of the Planning and Transportation Commission, and the Pedestrian and Bicycle Advisory Committee, and the City/School Traffic Safety Committee, and return the process to the City Council for discussion, City of Palo Alto Page 2 6. Acknowledge that the guidelines, criteria, and design standard for the application of speed humps will be updated, and 7. Acknowledge that the Office of Transportation is undertaking steps to build its staffing and capacity to manage projects like the Bicycle Boulevards. Executive Summary Following community reaction to the construction of Phase 1 of the Neighborhood Traffic Safety and Bicycle Boulevard (NTSBB), the City halted construction on the project in summer 2018. Since then, staff collected data and community feedback in order to evaluate the project. This report contains an evaluation of the data and community feedback that leads to recommendations for modifications of the existing project and a path to move forward with pending bicycle boulevard projects. The prioritization of pending bicycle boulevard projects will be brought to the City Council following community outreach and input. Background The construction of the Neighborhood Traffic Safety and Bicycle Boulevard (NTSBB) Phase 1 Project garnered a lot of community attention, and in response to significant resident feedback, the City paused the construction project in March 2018 in order to assess the remaining work and decided to formally terminate the construction contract in August 2018 after finishing work already in progress. The contractor was directed to close out and complete unfinished work and a notice of beneficial occupancy/substantial completion was issued on September 30, 2018. The devices installed remained in order to allow the public time to acclimate to the changes, to gather relevant data, and to obtain community feedback. The milestones that preceded the NTSBB Phase 1 Project and the milestones of the project itself are highlighted below in chronological order over the past few years: • In 1982 Palo Alto established the first “bicycle boulevard” in the United States – turning Bryant Street north of East Meadow Drive into a street that prioritized bicycle safety and circulation. • Palo Alto’s Comprehensive Plan defines a bicycle boulevard as a “low volume through- street where bicycles have priority over automobiles, conflicts between bicycles and automobiles are minimized, and bicycle travel time is reduced by the removal of stop signs and other impediments to bicycle travel.” • In 2012 the City Council adopted the Bicycle + Pedestrian Transportation Plan (BPTP) with the goal of increasing bicycle use for local and work commute trips by 100% by the year 2020. • Implementation of the Bicycle + Pedestrian Transportation Plan began in 2013 with the authorization of up to $1.2M per year over five years towards the construction of bicycle facilities. • In 2014 the City Council awarded a contract to Alta Planning + Design, Inc. for the planning, conceptual design, and preliminary environmental assessment of the Bryant City of Palo Alto Page 3 Street Bicycle Boulevard update; the Greer Road Bicycle Boulevard; the Amarillo Avenue-Moreno Avenue Bicycle Boulevard; the Ross Road Bicycle Boulevard; and the Homer Avenue-Channing Avenue enhanced bikeway. • In January 2015 the City Council approved the conceptual plans for the Maybell Avenue Bicycle Boulevard and the Churchill Avenue Enhanced Bikeway. • In August 2015 the City Council approved the conceptual plans for the Park Boulevard Bicycle Boulevard and the Wilkie Way Bicycle Boulevard. • In October 2015 the City Council held a study session on the Palo Alto Bicycle and Pedestrian Program. • In November 2015 the City Council approved conceptual plans for the extension of the Bryant Street Bicycle Boulevard. • In May 2016 the City Council approved the conceptual bicycle boulevard plans on Amarillo Avenue, Bryant Street, East Meadow Drive, Montrose Avenue, Moreno Avenue, Louis Road, Palo Alto Avenue, Amarillo Avenue-Moreno Avenue, Bryant Street Update, Louis Road-Montrose Avenue, and Ross Road; approved a professional services contract with Alta Planning + Design Inc. for the preparation of plans, specifications and estimates for the Amarillo Avenue-Moreno Avenue, Bryant Street Update, Louis Road- Montrose Avenue, and Ross Road bicycle boulevard projects; and approved a professional services contract with Fehr & Peers for the preparation of plans, specifications and estimates for the previously-approved Bryant Street Extension, Maybell Avenue, and Park Boulevard – Wilkie Way Bicycle Boulevard projects. • In June 2016 the City budgeted $11.6 million in the 5-Year (FY 2017-2021) CIP toward the achievement of the Bicycle + Pedestrian Transportation Plan. • In 2017 the City Council awarded a $9.6 million construction contract to Granite Construction Company for the NTSBB Phase 1 Project. The project consisted of nine segments that comprised the Ross Road, Amarillo-Moreno, Bryant Street, and Louis- Montrose bicycle boulevards. • In September 2017 construction commenced on the Phase 1 project staged in a series of segments that was intended to minimize the disruption in the affected residential neighborhood. The project started on south Ross Road. • Following the commencement of construction, a significant number of residents indicated that they were not familiar with the project and opposed the construction. Some residents who were aware of the project indicated they had assumed that a “bicycle boulevard” would replicate the devices on Bryant Street and had not expected bulbouts, speed humps with neckdowns, medians, and roundabouts. In addition to a lack of notification, the concerns expressed included the rationale for bicycle boulevards, the choice of design features, and the perceived negative impacts on motorists, bicyclists, emergency responders, transit vehicles, and seniors. In response to the public’s concerns staff undertook the following actions: o Meetings with residents who had expressed concerns o Additional notifications and consultation with residents immediately adjacent to proposed treatments City of Palo Alto Page 4 o Updated city website “frequently-asked questions” o Revamped the Project website with clearer information and a detailed construction schedule o Participated in an on-camera interview for the Palo Alto Weekly – Behind the Headlines o Conducted a Bicycle Boulevard Orientation at Ramos Park o Developed a roundabout educational curriculum to be taught in 3rd, 5th, 6th and 8th grades that included materials sent home to over 1200 parents at schools with catchment areas that included the bicycle boulevard o Set-up informational tables at all PAUSD schools with Walk and Roll routes that intersect with the Project and participated in two Principal Coffee events at El Carmelo and Palo Verde Elementary Schools o Developed a roundabout education poster that ran in the Palo Alto Weekly and was used at five encouragement events and bike safety information booths o Presented one five-minute overview of bicycle boulevard safety tips for all grades at an assembly at Palo Verde Elementary School o Conducted Bicycle Boulevard Orientation events at Ramos Park and Greer Park to distribute safe bicycle riding information and answer questions about the project and transportation in general o Designed and executed a mock roundabout children’s activity for a Safetyville presentation at the YMCA on Ross Road o Rode pace-bikes up and down Ross Road exhibiting recommended bicyclist behavior o Distributed an online questionnaire to gauge community perceptions of the Project o Added project informational signage with contacts for feedback o Installed temporary mock-ups of proposed treatments on the Amarillo and Greer area streets to demonstrate the treatments and enable feedback before permanent construction; this practice became a standard project precursor for subsequent projects o Modified designs of some treatments (e.g., the turning radius for curb extensions at YMCA) o Added devices and removed devices from the Plan (e.g., removal of the Amarillo/Greer roundabout) • In March 2018 staff directed the contractor to pause work on segments that were not already under construction. • In April 2018 the contractor was directed to complete the remaining work on Ross Road along with improvements on the Moreno/Amarillo Bicycle Boulevard. • In June 2018 the City held a study session on the Phase 1 project. Approximately 150 people attended the meeting. Over 50 individuals spoke. Roughly half of the speakers spoke in support of the project and half of the speakers spoke in opposition to all or some aspects of the project. The six major themes from the study session included: 1. Rationale for the Phase 1 Project City of Palo Alto Page 5 2. Continued work on the project after the City announced the pause in construction 3. Use of performance metrics in the evaluation of the project 4. Allowing road users and residents time to experience the actual effect of the project 5. Breakdown in the community engagement process 6. Impact of street treatments on older drivers • In July 2018 the City Manager distributed an informational report to the City Council. The City would monitor the improvements that were installed and perform an evaluation that considered the perspectives of affected residents and road users and an assessment of relevant traffic data. It was anticipated that a 6-month status report would be provided in January 2019 and a final report would be provided in August 2019. Due, however, to vacancies in key positions and the demands of other priority projects, such as the grade separation of the Caltrain tracks and the evaluation of the Residential Parking Permit program, the evaluation of the NTSBB Phase 1 project was delayed. • Through September 2018, the contractor completed the work on Ross Road and the Moreno/Amarillo Bicycle Boulevard. • On September 30, 2018 the contractor was issued a Notice of Beneficial Occupancy/Substantial Completion, with punch list items to be completed. Punch list work continued through early November 2018. • In 2019 consultant services were approved to assist in the NTSBB evaluation. Discussion: The NTSBB Phase 1 project consisted of 9 segments. Only 5 segments were completed; the 5 segments created two new bicycle boulevards – Ross Road and Moreno/Amarillo. For the purpose of brevity, the completed segments are referred to in this report as the Project. The Project that was completed was significantly truncated compared to the plan approved by the City Council. The major change was due to the termination of the construction contract and work on the last 4 of segments of Phase 1. On the work that was actually constructed for the 5 segments (the Project), there were many modifications that made the installed project vary from the original Project plan. Those modifications are identified in the following chart as either “added” (Project plan was modified to add this), “installed” (installed per Project plan), “deleted” (removed from the Project plan), or “retained” (kept, although Project plan proposed to remove them). City of Palo Alto Page 6 Modifications to the Phase 1 Project for the Ross Road and Moreno/Amarillo Bicycle Boulevards Street Segment Design Features and Traffic Controls Round- about Speed Hump Bulbouts Islands Raised Intersections and Shared Path All-Way Stop Ross Road 1 Installed: @ E. Meadow Installed: @ S. Talisman @ S. Stone w/choker Added: @ S. Christine Installed: @ Talisman Installed: @ Corina Installed raised inter: @ Mayview Retained: @ Mayview 2 Installed: @ S. YMCA w/neckdown @ S. Richardson w/neckdown @ S. Allen @ N. Stern w/ neckdown Installed: @ YMCA @ Allen @ Stern Retained: @ Ames 3 Installed: @ S. Sutter w/neckdown Installed: @ Clara Installed: @ Colorado Amarillo Avenue 4 Deleted: @ Greer Deleted: @ W. Tanland w/neckdown Deleted: @ Ohlone School w/table @ Tanland w/table @ Tanland w/table Deleted: @ Bayshore (chicane) Retained: @ Greer City of Palo Alto Page 7 Modifications to the Phase 1 Project for the Ross Road and Moreno/Amarillo Bicycle Boulevards Street Segment Design Features and Traffic Controls Round- about Speed Hump Bulbouts Islands Raised Intersections and Shared Path All-Way Stop Amarillo Avenue Louis Road Moreno Avenue 5 Installed: @ Ross Installed: @ Moreno @ Amarillo Deleted: @ Ohlone School Installed raised inter: @ Moreno @ Amarillo Installed shared path: @ E. Louis Installed: @ Moreno @ Fielding Each of the above modifications was made following a deliberative process that considered relevant factors. It is recommended that the City Council affirm the above modifications. The issues addressed in this report began with the comments from the public engagement process in 2018. The issues were expanded from the comments received from all sources in 2019 and refined by the responses in the community surveys conducted in early 2020. The final list of issues form the sections that follow in this report. The evaluation attempted to consider all relevant information. Unfortunately, only limited traffic data was collected before commencement of Project construction. Efforts to estimate past traffic volumes and speeds using data gathered and stored from cell phones and GPS devices was generally not fruitful. Therefore, the comparison of before and after vehicle volumes, vehicle speeds, and bicycle volumes was limited. On the other hand, all traffic collisions were considered, and the behavior of motorists, bicyclists, and pedestrians was captured by video. The perception of the community was obtained through surveys conducted in 2018 and 2020. In addition, the comments from the 2018 City Council study session and all comments received from individual members of the public and the observations of City staff were considered. Did the Project Achieve Its Objectives? The goal of bicycle boulevards, and therefore this Project, is to promote the usage of bicycles/alternative modes and to slow motor vehicle traffic. The metrics to determine how well this goal was achieved include the change in the number of bicyclists using the bicycle boulevards, indices that measure the safety of the roadway, the impacts on public service City of Palo Alto Page 8 providers, and the perception of the community. The Ross Road Bicycle Boulevard and the Moreno/Amarillo Bicycle Boulevard are discussed separately. Ross Road Bicycle Boulevard The Ross Road Bicycle Boulevard begins at Garland Drive (north of Oregon Expressway) and terminates at Louis Road. The Project increased the bicycle usage on Ross Road. Modification to the controls at the intersection of Ross Road and E. Meadow Drive is needed. The average weekday bicycle volumes prior to the construction of the Project was approximately 150. After the construction, the average weekday volume was approximately 230 (a 50% increase). The average weekend volumes remained about the same. The increase of weekday bicycle traffic suggests that more commuters are using the Ross Road Bicycle Boulevard. It is, however, unknown if the increase reflects growth in bicyclists or a diversion of bicycle traffic from other streets. Before the Project, the ratio of bicycles to total vehicle volume was 6.7%, a relatively high ratio. After the Project, the ratio climbed to a remarkable 11.0%. While the volume of bicycles has increased, there have been collisions at some project locations. The traffic collisions on or near Ross Road for the 5-year period between January 1, 2015 and December 31, 2019 is shown in Attachment A. The total number of collisions on Ross Road averaged 3.6 per year before the construction and 5.3 per year following the construction. The increase is attributable to an increase in collisions at one location – the intersection of Ross Road and East Meadow Drive. Each of the four collisions that occurred at this location after the Project was completed was a broadside caused by the motorist who did not yield to a vehicle or bicyclist in the roundabout. Visibility was not an issue. Three of the four collisions involved a bicycle. While the cause of the collisions was driver error, the collisions point to the need for a more affirmative control that will be discussed in the next section of this report. The other bicycle collisions that occurred after the completion of the Project included one at the intersection of Ross Road and Oregon Expressway and one at the intersection of Ross Road and Mayview Drive. Both were broadside collisions where the motorist did not yield the right- of-way to the bicyclist. There were 2 pedestrian-involved collisions before the Project, one at Loma Verde and the other at Mayview, and none after the Project was constructed. An indicator of safety is the speed of vehicles. The higher the speed, the more difficult it is to avoid a collision and the greater the likelihood of a severe injury. The speeds on Ross Road were relatively low before the Project, a prerequisite for a bicycle boulevard. After the Project was completed, the 85th percentile speeds remained within 1 mile per hour (mph) of the 25- mph speed limit, except for the section of Ross Road south of Mayview Avenue, which was recorded at nearly 29 mph. City of Palo Alto Page 9 Another indicator of safety is the behavior of road users. The violations of the rules of the road vary by device and user. About 1.4% of the road users at roundabouts violate a rule. At speed humps/neckdowns the violation rate is 11.0%. The violations at speed humps have not yet resulted in reported collisions. The observed behavior at roundabouts and speed humps will be discussed later in this report. The providers of public services potentially affected by the Project were interviewed. The Palo Alto Fire Department (PAFD) noted that there are a relatively high number of calls on Ross Road due to the YMCA. The PAFD vehicles slow at the roundabouts, similar to other vehicles. A representative of the Palo Alto Police Department noted that the Project has not affected their ability to provide services, that the roundabouts seem to be working well, but that behavior of some drivers at the speed humps and the roundabouts is a concern. The public transit provider, the Santa Clara Valley Transportation Agency, indicated that they did not have any concerns. GreenWaste expressed a concern that their trucks experienced some difficulty in making turns at the roundabouts. Moreno/Amarillo Bicycle Boulevard The Project did not increase bicycle usage on the Moreno/Amarillo Bicycle Boulevard, perhaps in part, because the majority of the devices that were planned were not installed. Key devices not installed included a roundabout at Greer, a speed tables/neckdown at Tanland and near Ohlone school, speed tables at three locations, and a median island and a chicane (neckdown) at West Bayshore Road. These devices were deleted following the installation of temporary devices and also due to consideration of the negative feedback from community members. The Moreno/Amarillo Bicycle Boulevard consists of Moreno Avenue between Middlefield Road and Louis Road, Louis Road between Moreno Avenue and Amarillo Avenue, and Amarillo Avenue between Louis Road and West Bayshore Road. The average weekday bicycle volumes prior to the completion of the Project was 169. After the construction, the average weekday volume was 154. The 9.3% decrease is relatively small and not considered to be significant. The average weekend bicycle volumes decreased by 5.2% and are not considered to be significant. There was an increase in weekday pedestrian volumes from an average of 270 to 340, a 26% increase. There were no reported bicycle or pedestrian-involved collisions from January 2017 through December 2019. That means the collision rate involving bicycles or pedestrians was zero for the periods both before and after construction. Overall there was an average of 1 collision of any sort per year. The 85th percentile speeds remained about the same on Moreno Avenue and Amarillo Avenue. The speeds were within 1 mph of the speed limit, except to the east of Greer where the 85th speed was recorded at 30 mph. The public service providers did not express any concerns about the Moreno/Amarillo Bicycle Boulevard. City of Palo Alto Page 10 Community Perspective Based on the results from the 2020 community surveys, the majority of responding residents do not perceive that bicycling and walking increased. For the residents who live on the frontage of a bicycle boulevard, 39% believe bicycle and pedestrian traffic increased, but 43% perceive no change, and 6% believe bicycle traffic decreased. Twelve percent (12%) were not sure. The perception of nearby residents was slightly different, potentially in part because of the confusion of which street they were being asked to rate. Nevertheless, 19% believe that the bicycle and pedestrian traffic increased, 57% perceive no change, and 6% feel there was a decrease. Eighteen percent (18%) were not sure. The perception of residents regarding changes in vehicle speed is consistent with the speed data. Three out of four residents (75%) believe the speed of vehicles either decreased or remained the same. The majority of residents feel that the safety of bicyclists and pedestrians decreased including 47% of those who front onto a bicycle boulevard and 49% who live nearby. As users of the road (including residents and others), 40% of the bicyclists report that they feel unsafe, 38% of the motorists feel unsafe, and 15% of the pedestrians feel unsafe. Many of the motorists commented that their concern over safety related to possible collisions with bicyclists. Many of the comments identified the mixing of bicycle and auto traffic in the same travel lane as their primary concern over safety. What modifications, if any, should be made to the Ross Road Bicycle Boulevard and the Moreno/Amarillo Bicycle Boulevard? Since the Project was completed, staff has continued to monitor the two boulevards, and community members have continued to provide their input. Public inquiries that were received through the City’s 311 system were referred to this evaluation. Recently the perspective of community members was solicited through surveys of residents on and near the two bicycle boulevards and other users of these roadways. A total of 480 survey responses were received that included nearly 1600 written comments. The input of public service providers, the public schools, and community facilities was obtained. Available before and after traffic volumes, speeds, and collisions were analyzed. A sampling of the actual behavior of motorists, bicyclists, and pedestrians was videotaped at four locations. A summary of the responses to the community surveys, as of January 24, 2020, is shown in Attachment B. There are three categories of surveys that include (1) residents who front onto a bicycle boulevard, (2) residents near the bicycle boulevard, and (3) other users of the roadway (commuters). One of the questions, #10, asked the respondents to indicate if modifications to the roadway should be considered. Those who answered affirmatively was high - 76% of residents who front onto a bicycle boulevard, 83% of residents who live nearby, and 68% of other road users. These respondents provided a collective 320 comments although 112 did not identify specific modifications. The remaining 208 comments were boiled down into 8 City of Palo Alto Page 11 categories of modifications including road narrowing, bike lanes, roundabouts, speed humps, Louis Road intersections, YMCA access, street closures, and stop signs. 1. Road Narrowing Forty-one survey respondents (8.5%) commented that all design features should be removed and 45 (9.4%) more felt that all things that narrow the roadway should be removed. The modifications include the removal of mid-block curb extensions, intersection bulb-outs, and roundabouts. The removal of speed humps was mixed. The 86 respondents represent 47% of those who advocated specific modifications but just 18% of all survey respondents. The common belief of the respondents is that forcing bicycle traffic and automobile traffic to share the same travel lanes is illogical and inherently unsafe and that this problem is exacerbated when the bicyclist is a child and lacks the maturity and judgment of an adult. It was pointed out through other questions in the survey that there appears to be a lack of understanding of the rules of the road by both motorists and bicyclists. Some respondents relayed personal experiences to support their beliefs. Respondents did not point out that the lane sharing experience is common amongst other non-bicycle boulevard streets in Palo Alto. During the 18-month period since the construction was completed, there were five reported collisions involving bicycles. Three of the collisions occurred at one intersection - Ross Road and E. Meadow Avenue. This location is addressed later in the report. The other collisions were broadsides where the motorist did not yield to an oncoming bicyclist. There were no sideswipe or rear-end collisions, the types of collisions that would be expected if the sharing of a travel lane was a problem. To determine the actual behavior of road users, video cameras were set up at four locations on Ross Road. Of nearly 14,000 users observed at the roundabouts, 0.4% of the motorists, 3% of the bicyclists, and 11% of the pedestrians were observed violating some rule of the road. The violations included pedestrians walking outside of a marked crosswalk, vehicles not yielding the right-of-way, and bicyclists riding in the wrong direction. Of the 7,000 vehicles observed at speed humps/neckdowns 0.5% of the bicyclists and 12% of the motorists were observed crossing over the double yellow centerline, a violation of the State Vehicle Code. The above transgressions might be conscious decisions or inattention by the road user. The observations confirm the community’s perception that there is a lack of understanding in the rules of the road and a lack in attention by some. The collision data and the observation of road user behavior does not support the wholesale removal of all roundabouts, neckdowns, and bulb-outs. It does, however, support the need for further education of road users that is discussed later in this report. 2. Bike Lanes Several dozen respondents to the community survey indicated that bike lanes would have been a better alternative to the sharing of travel lanes. On a residential street, the installation of bike lanes requires the removal of the on-street parking on at least one side of the road. This City of Palo Alto Page 12 places the bicyclist immediately adjacent to moving traffic and, depending on the design of the bike lanes, may be adjacent to parked vehicles and subject to being “doored,” or colliding with the sudden opening of the door of a parked automobile. This shortcoming could be mitigated by providing space between the bike lane and vehicles, accomplished by the removal of all on- street parking. In either case, there is a tradeoff between the value of on-street parking and the goal of promoting bicycling. Staff does not believe that the residents of Ross Road and the Moreno-Amarillo Bicycle Boulevards would have supported the removal of their on-street parking in order to install bike lanes. This is an option that will be considered in the development of future bicycle boulevards. 3. Roundabouts Roundabouts were installed at the intersections of Ross Road and Moreno Avenue and Ross Road and E. Meadow Drive. Operationally, they have functioned as expected with fewer delays for all users. No collisions have been reported at the Ross Road and Moreno Road roundabout. On the other hand, the Ross and E. Meadow roundabout has been the site of four collisions over an 18-month period. A collision diagram of this intersection is shown in Attachment C. Each of the collisions was a broadside where a motorist did not yield the right-of-way to the vehicle/bicyclist in the intersection. Three of the four collisions involved a bicyclist. In each collision, the primary cause of the collision was driver error. Approximately 9,000 autos/trucks enter the intersection daily which, during an 18-month period, equates to nearly 6 million autos/trucks. The rate of 0.67 collisions per million vehicles entering is not alarming, but it is a concern that three of the four collisions involve a bicycle. The data supports a more assertive form of intersection control. The current regulation is to yield the right-of-way to vehicles within the roundabout that is reinforced with “Yield” signs at each of the approaches. Whereas the size of the “Yield” signs could be made larger, a more assertive regulation would be the installation of a 2-way Stop. Normally, the stopped approaches are those with the lesser traffic volumes, which in this case is Ross Road. The total vehicle volumes, that includes autos, trucks, and bicycles, over two 12-hour periods were 4,086 on Ross Road and 5,406 on E. Meadow Drive. Another stop on Ross Road, however, would negatively impact the attractiveness of the street as a bicycle boulevard. For that reason, adding stop signs on E. Meadow Drive is proposed. As previously mentioned, the observed behavior of some users of the roundabouts and the apprehension articulated by other users’ needs to be addressed. The summary of the observations of the road user behavior at the roundabouts at Ross/E. Meadow and at Ross/Moreno are shown in Attachment D. It was observed that roughly 1 in every 300 motorists does not yield the right-of-way. Roughly 1 in every 30 bicyclists does not yield the right-of-way, rides on the wrong side of the road, or goes in a clockwise direction in the roundabout. Eleven percent of the pedestrians walked outside of the marked crosswalks. A few crossed completely in the roadway in a diagonal direction through the intersections. These behaviors cannot be addressed through engineering. The role of education is discussed later in this report. City of Palo Alto Page 13 In addition, to address the concerns of GreenWaste and the Palo Alto Fire Department, as well as the observations of staff, the following modifications within the intersection are planned: • Remove the band of river stones in the island and increase the depth of the concrete truck apron • Increase the clearance from the edge of the truck apron to the signs within the center island • Make the noses of the splitter islands fully mountable rounded concrete (remove river stones) • Remove tactile domes in splitter islands • Install red curb at the roundabout departure areas to prevent parked cars from blocking vehicles from making the left-turn in front of the center island A community member pointed out that the dimensions of the Ross Road roundabouts differ from federal guidelines. This is true. Roundabouts are normally located on wide streets with high volumes and high speeds. The devices installed on Ross Road have the characteristics of a mini-roundabout or a neighborhood traffic circle, installed in other parts of Palo Alto. Perhaps a more accurate name for the devices installed or Ross Road is a “micro mini-roundabout” or an “expanded neighborhood traffic circle.” For the sake of simplicity, the designers labeled the devices as roundabouts. 4. Speed Humps Members of the public raised concerns related to speed humps that fall into two categories. The first is the desire to add more speed humps to reduce perceived speeding. The highest speeds are on Ross Road south of Mayview Avenue and on Amarillo Avenue east of Greer Road. The 85th percentile speeds are about 5 MPH above the 25 MPH speed limit. The City guidelines that relate to the use of speed humps is included in the 2001 document, “City of Palo Alto Neighborhood Traffic Calming Program.” At least two of the following five criteria must be satisfied for consideration of traffic calming measures, including speed humps: 1. Minimum 85th percentile speed of 32 mph for local streets, and 35 mph for collector streets; 2. Minimum volume of 1,200 vehicles per day (vpd) for local streets and 4,000 vpd for collector streets; 3. Location within 1,000 feet walking distance of a school, senior citizen facility, facility for the disabled, park, community center, or other site with significant pedestrian activity; 4. Evidence (survey or field evaluation) of significant cut-through (i.e., through or non- neighborhood) traffic; 5. Unusual accident history (as defined by six or more crashes, or one fatal crash, in the prior three consecutive years—crashes due to parking, vehicle equipment, drug/alcohol, and certain other causes clearly not solvable by traffic calming will usually not be counted. City of Palo Alto Page 14 The request on Ross Road for a speed hump south of Mayview Avenue meets two of the above criteria – minimum volumes and proximity to a park. The same is true for the request for a speed hump on Amarillo Avenue east of Greer. The installation of speed humps and tables on Amarillo was part of the original plan that was rejected by the community and not installed. The installation of a speed hump on Ross Road will be considered following an update of the guidelines for the device. The second category of concerns relates to the removal or modification of the combined slotted speed humps with neckdowns. The combination of devices encourages bicyclists to ride outside the door zone and in the travel lane at a point where some vehicles incorrectly use the slot in the speed hump and cross over the roadway centerline. There have been no reported collisions at these locations. Based on two days of video at the speed hump with neckdowns on Ross Road between Stone Lane and Talisman Drive and between Sutter Avenue and Clara Drive, 12% of autos were observed encroaching into the opposite lane of travel. A much smaller percentage of bicycles, 0.5%, crossed over the centerline. A breakdown of the observations is shown in Attachment E. It was suggested that a bike lane be constructed to the right of the speed humps. Another suggestion was to eliminate the slot in the middle of the speed hump so that motorists are not encouraged to place their left wheel over the centerline of the street. The first suggestion would still result in the merging of bicycles at the point they encounter a parked vehicle. It would also require the removal of existing parking spaces. The second suggestion has merit but misses the reason for the slot. The slot is intended to be used by emergency responders to mitigate delays. The fact that other vehicles use the slot is not an issue until it occurs when another vehicle is encountered. It was surprising to find 3 instances where an auto passed bicycles at the speed hump. More surprising was finding 37 instances where a vehicle crossed the centerline when oncoming bicycles were close to the speed hump. Staff plans to review the value of continuing to use the slotted speed hump design with input from all emergency responders and reflect the findings in the design of both existing and future speed humps. Staff also plans to enhance its educational efforts on the safe use of speed humps. 5. Louis Road Intersections The Project included an ambitious effort to build a series of raised intersections, widen sidewalks, and install landscaped areas and decorative pavement markings within the Louis Road right-of-way from Moreno Avenue to Amarillo Avenue. Each of the raised intersections traverses two distinct intersections. One set of intersections includes Louis and Moreno (west of Louis) and Louis and Moreno (east of Louis). The other set includes the intersections of Louis and Fielding and Amarillo. Each of the four intersections has 3 legs, which are controlled by a 2- way stop with one approach on Louis being uncontrolled. This means that one of the legs has the right-of-way and the others must yield. Residents and other roadway users, the Ohlone City of Palo Alto Page 15 Elementary School administration, and City staff all report that the intersection controls are unclear as to who has the right-of-way. Staff plans to modify the intersection controls as described below: • Louis Road and Amarillo Avenue intersection - Change 2-way stop to a 3-way stop that returns the intersection control to what existed before the Project. • Louis Road and Fielding Drive intersection - Change 2-way stop to a 1-way stop with Fielding stopping that returns the intersection control to what existed before the Project. • Louis Road and Moreno Avenue (east) Intersection - Change the 2-way stop to a 1-way stop with Moreno (east) stopping that returns the intersection control to what existed before the Project. • Louis Road and Moreno Avenue (west) Intersection - Change 2-way stop to an all-way stop. Modifications in the pavement marking and signage are recommended to inform bicyclists that there are no bike lanes on Louis between Moreno and Amarillo and on Amarillo from Louis to Ohlone Elementary School and that either the widened sidewalks or the shared vehicle lane are available for the bicyclists use. Other warning and informational signs and pavement markings will be installed as needed. 6. YMCA Access The Project included the installation of bulb-outs at the YMCA. The intent of the device was to enhance the visibility of oncoming traffic and to decrease the speed of vehicles. There was one reported collision in the vicinity of the YMCA before the Project and no collisions after the Project was completed. The speed of vehicles has remained relatively constant, although it is the perception of the YMCA that speeds have decreased. During the construction period, in response to the concern from the YMCA, the radius of the bulb-outs at its driveway entrances were modified. A few individuals report that they still experience difficulties entering Ross Road, especially when there are large groups of bicyclists. The YMCA confirmed that they have received the same comments from its members but noted that some of its members do not appear to understand that bikes are to be treated the same as other vehicles. Further modifications to the YMCA bulb-outs are not needed at this time. The City will work with the YMCA to expand its efforts as appropriate on safety education efforts. 7. Street Closure Community members suggested that streets be closed to auto traffic, thereby making the street safer for those on bicycles. It is noted that a partial street closure already exists on Ross Road at the intersection of Oregon Expressway. In the ideal world, street closures encourage “through” traffic to divert to the arterial street system, and the local traffic will use routes that do not negatively impact the residents of other streets. This effort, if not done carefully and with the engagement of all affected residents, can be very controversial. At the 2018 Study Session on bicycle boulevards, a councilmember noted that the street closure on Bryant Street City of Palo Alto Page 16 at Matadero Creek bridge seems to work well. Another councilmember recalled that the changes on Bryant Street were controversial and led to the City policy to not close streets in its residential neighborhoods. Before a street is designated as a bicycle boulevard, the traffic volumes and the speed on the street must be relatively low. Any street closure would require that the conditions of California Vehicle Code 21101 are met. 8. Stop Signs The installation of stop signs was requested to either more affirmatively assign right-of-way at an intersection or to reduce the speed of vehicles. The assignment of right-of-way was discussed in the previous sections on roundabouts and the Louis Road raised intersections. There were two sets of requests to install stop signs to reduce excessive speeding. The installation of additional stop signs on Ross Road south of Mayview Avenue is not practical because of the spacing of intersections. Moreover, none of the intersections meet the warrants for all-way stops, and the placement of additional stops would negatively impact the attractiveness of Ross Road as a bicycle boulevard. A better alternative is a speed hump as discussed in the preceding section of this report. The installation of stop signs to reduce excessive speeding on Amarillo Avenue east of Greer Road was considered. None of the intersections between Greer and Old Bayshore Road meet the City’s warrant for all-way stops. To reduce excessive speeding, the above location has been referred to the Palo Alto Police Department for enforcement. What role does education have in a successful bicycle boulevard? The need to inform and educate motorists, bicyclists and pedestrians is apparent. It is evident from the observed behavior of some road users and the analysis of actual collisions. It is reiterated by members of the community and by City staff. The City already has in place an excellent safety education program focused on school-age children. As resources become available, possible enhancement to more than 20 current safety educational activities have been identified that would include a greater effort with adults. It is the intent of the Office of Transportation to expand its traffic education program to address the needs in this report. Did Meeting the Project Objectives Justify its Cost? Community members have raised a concern about the cost of the Project and if it was the best use of City funds. A total of $6.4 million was expended on the contractual services related to the Project. This figure does not include the cost for conceptual planning and the cost of City staff. The expenditures for major services are shown below: City of Palo Alto Page 17 • Design, specifications, and construction estimates 827,059 • Construction 5,127,063 • Construction Management 455,703 • Total $6,407,308 The improvements were installed before the construction contract was terminated consisted of a variety of design features (i.e., roundabouts, speed humps, bulbouts, islands, raised intersections) and widened sidewalks and landscaping at 23 locations. An assortment of traffic control signs and markings and decorative pavement markings and new street lighting were also installed. On a per-location basis, the cost of the design features averaged about $260,000, which is high. The cost of special treatments, like those installed on Louis Road, needs to be weighed against the effectiveness provided by the expenditure. The cost- effectiveness of design elements will be a consideration in all future bicycle boulevard plans. Due to the flux in the project, there were 41 change orders in the construction contract. The cost of these changes was nearly $700,000. The reason for the changes and costs are summarized below. A brief description of each change order is shown in Attachment F. • Unforeseen conditions 164,020 • Quantity adjustments 12,000 • City requests 281,861 • Design error 240,861 • Total $698,742 The above design errors, for example, included drainage issues on Louis Road that required an additional $240,000 in construction to remedy related to the raised crosswalks. The circumstances regarding the design error will be reviewed by the City Administration to determine what, if any, further action should be taken. How can the community be better engaged to avoid the breakdown in communications experienced in the NTSBB Phase 1 Project? A major concern for members of the public and the City Council was an inadequate level of community engagement. Some people were not aware of the efforts to solicit community input, others did not understand the specifics of the project, and others could not determine if their earlier input had been considered. There is a definite need to improve the community engagement process. The community should be encouraged to be involved at all stages of the development of future bicycle boulevard projects including the conceptual planning stage which is 3-5 years before the start of construction; at the design stage which is 1 to 2 years before the start of construction; and at the award of the construction contract which precedes the start of construction. City of Palo Alto Page 18 A practice of installing temporary devices, which is part of the development of traffic calming plans, could help to ensure the engagement of the affected residents. Temporary devices were installed on Amarillo Avenue and, based on community feedback, the plan was modified. The timing of when temporary devices are installed needs to be determined. It is much more efficient to install temporary devices during the design process versus the construction stage. The community survey asked the question, “When the City implements a project like the bike boulevard project in the future, what is the best way to inform/notify you about the project?” The full results are shown in Attachment G. The top methods of communications are email, the U.S. mail, doorhangers, social media (Nextdoor), and posted signs. Attending community meetings was next, followed by neighbor-to-neighbor sharing, and lastly, direct contact by City staff or the construction team. It is recommended that a community engagement process be developed by the Office of Transportation with the input of the Planning and Transportation Commission and the Pedestrian and Bicycle Advisory Committee, and the City/School Traffic Safety Committee, and that the process be discussed with the City Council. How can the City be better equipped to manage controversial projects like bicycle boulevards? To more successfully manage bicycle boulevard projects in the future, the Office of Transportation will initiate four undertakings. The first is to clearly define the performance metrics for each project to guide the course of the project and ensure that appropriate activities are underway (i.e., gathering of traffic volume and speeds, user behavior, and community surveys). The cost-effectiveness of devices will be used to guide the project design. The second undertaking is the creation and/or updating of the guidelines and warrants for the installation of various roadway design features and traffic controls. This would include, but not be limited to the installation of roundabouts, speed humps, stop signs, and crosswalks. An updating of the 2001 guidelines for traffic calming should also occur. Staff is developing a neighborhood enhancement program that will include these elements. A third undertaking is process improvements. An example is an update to the community engagement process, described in the preceding section of this report. Another example is the documentation of completed capital improvement projects. A final plan, commonly referred to as an “as-built,” is prepared and approved by the “responsible” staff in the City. This process preserves the City’s ability to claim design immunity in the event of litigation. A third example is the ability of the engineering staff to directly access the Palo Alto Police Department traffic collision database. There are readily available traffic collision data management applications. These applications lessen the workload of the Police Department and improve the timeliness of City of Palo Alto Page 19 engineering evaluations. Future projects of this size should also be broken down into smaller more focused and manageable segments that are properly sequenced. The final undertaking is the development of the technical capacity of the Office of Transportation staff, which is an ongoing goal of the Office of Transportation. This effort is currently underway. How should the City proceed with the remainder of the NTSBB projects including Phase 1 segments 6-9 and Phase 2? The City must avoid the pitfalls encountered in the NTSBB Phase 1 Project by applying all of the “lessons learned.” An updated community engagement process needs to be developed and discussed with the City Council. Performance metrics need to be established for bicycle boulevards that are used to guide the development of each project. City design guidelines are needed to ensure that the elements of a bicycle boulevard are appropriate for Palo Alto and are cost-effective. In concert with the above efforts, staff will review the status of all bicycle boulevard projects and prioritize the projects for consideration following community outreach. Policy Implications: Bicycle boulevards align with the following City policies from the 2030 Palo Alto Comprehensive Plan: • Policy T-1.3: Reduce GHG and pollutant emissions associated with transportation by reducing VMT and per-mile emissions through increasing transit options, supporting biking and walking, and the use of zero-emission vehicle technologies to meet City and State goals for GHG reductions by 2030. • Policy T-1.16: Promote personal transportation vehicles an alternative to cars (e.g. bicycles, skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops. • Policy T-3.5: When constructing or modifying roadways, plan for use of the roadway by all users. • Policy T-3.14 Continue to prioritize the safety of school children in street modification projects that affect school travel routes, including during construction. • Policy T-4.2: Continue to construct traffic calming measures to slow traffic on local and collector residential streets, and prioritize traffic calming measures for safety over congestion management. • Policy T-6.1: Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle and automobile safety over motor vehicle level of service at intersections and motor vehicle parking. • Policy T-6.2: Pursue the goal of zero severe injuries and roadway fatalities on Palo Alto city streets. • Policy T-6.6: Use engineering, enforcement and educational tools to improve safety for all users on City roadways. City of Palo Alto Page 20 •Policy T-6.8: Vigorously and consistently enforce speed limits and other traffic laws for both motor vehicle and bicycle traffic. Resource Impact: The resources needed to carry out the recommendations in this report can be accommodated within the adopted Fiscal Year 2019-20 budget for the Office of Transportation. However additional staffing resources may be necessary to complete the educational component, for which staff will return to Council. Timeline: Upon the affirmative action of the City Council, staff will (1) implement the proposed modifications to the Ross Road Bicycle Boulevard and the Moreno/Amarillo Bicycle Boulevard with estimated completion expected by June 2020, subject to the filling of key staff positions; (2) incorporate appropriate educational efforts in the Office of Transportation Fiscal Year 2020- 21 Workplan; (3) develop a community engagement process with the input of the Planning and Transportation Commission, and the Pedestrian and Bicycle Advisory Committee, and the City/School Traffic Safety Committee, to be brought back to discuss with to the City Council by August 2020; and (5) provide a status report of the pending bicycle boulevard projects, that reflects the community engagement process discussed with the City Council, by November 2020. Stakeholder Engagement The input of the community was solicited through online and mail-in surveys that occurred in January 2020. Staff also shared the survey with nearby residents, and staff hand-provided the survey in person at the YMCA, and at yield signs in the project vicinity. Nearly 500 surveys were returned, and the surveys collectively contained more than 1600 written comments. In addition, this report incorporated comments provided at the June 2018 City Council study session meeting, service requests via Palo Alto 311, and comments submitted to staff by individual residents. Environmental Review The NTSBB project was found to be exempt from the provisions of the CEQA pursuant to Class 1, section 15301, Existing Facilities, as the road work will facilitate bicycle and pedestrian use and will not increase roadway capacities. Attachments: Attachment A: Traffic Collisions Attachment B: Community Survey Responses Attachment C: Collision Diagram_Redacted Attachment D: User Behavior at Roundabout City of Palo Alto Page 21 Attachment E: User Behavior at Speed Humps-Chokers Attachment F: Change Orders Log Attachment G: Preferred Method of Notification City of Palo Alto COLLEAGUES MEMO February 24, 2020 Page 1 of 4 (ID # 11050) DATE: February 24, 2020 TO: City Council Members FROM: Council Member Cormack, Council Member DuBois SUBJECT: Update From the Ad hoc Committee (Vice Mayor Dubois and Council Member Cormack) on Boards and Commissions and Potential Next Steps The ad hoc committee wishes to provide an update on work completed to date and recommend next steps in the process. Work completed to date The work to date has included: ●Surveying current and former board members and commissioners ●Reviewing our laws, policies and procedures as well as those of other cities and towns ●Interviewing the staff who work with our boards and commissions Survey The survey had eight questions and was sent to 123 current and former board members and commissioners for whom the City Clerk had email addresses, of whom 66 responded. Highlights of the survey include an average score of 8 out of 10 when asked if they would recommend serving on a board or commission to others. There were many positive comments, with the vast majority centered around community -- contributing to, serving, giving back to, and feeling a part of -- as well as working with other members and staff and sharing particular expertise. The negative comments included the process for setting agendas, public reaction to unpopular decisions, lack of clarity or involvement from the City Council, time commitment required, and working with other board members and commissioners. Council members may want to review the open-ended responses to get a sense of the responses. The ad hoc committee appreciates the work of the Chief Communication Official in conducting and analyzing this survey and is grateful to all of the board members and commissioners who took the time to participate in the survey and share their thoughts. Policies and procedures The suite of policies and procedures that we currently have is not consistent across boards and commissions and does not provide clear guidance about roles and responsibilities, including that of the staff liaison, the Chair, or the Council liaison. The policies and procedures, roles and responsibilities, and handbooks that four other cities provide offer helpful direction for February 24, 2020 Page 2 of 4 (ID # 11050) improving our own. For example, Redwood City has a signature page for board members and commissioners to indicate their understanding of the roles and responsibilities, Mountain View describes when boards and commissions may use subcommittees and how, Sunnyvale provides mandatory training for board members and commissioners, and Menlo Park defines the role of the chair and encourages good working relationships with other advisory board members. The ad hoc committee appreciates the work of the City Attorney in identifying and providing relevant documents, which are shared below. ● Link to Palo Alto ● Link to Mountain View ● Link to Redwood City ● Link to Sunnyvale ● Link to Menlo Park Interviews with staff During our interviews with Staff Liaisons, several issues were highlighted. As mentioned above, we should establish clear roles and responsibilities for staff and share those proactively with board members and commissioners. Defined processes on establishing a work plan and changing that plan throughout the year are also needed. The amount of time and effort for a staffer to work with a board or commission is very significant, as much as 50 percent of their time in a month. This investment can be worthwhile to help clarify strategy, get productive work done, and vet recommendations to Council, but needs to be managed properly. Regrettably, there is concern about how a few board members and commissioners have treated staff and their colleagues over the years. While this behavior appears to be quite rare, the ad hoc committee is concerned about the impact on our professional staff and the important work that they do with the boards and commissions. The ad hoc committee appreciates the time that staff took to meet with us. Recommendations to be considered Our initial recommendations include: ● Updates to the application and interview process ● Training for new members/commissioners and new chairs and vice-chairs ● Using annual work plans with a process to change priorities during the year ● Creating a handbook that establishes policies and procedures for how boards and commissions work, including expectations for those appointed ● Updates to our underlying ordinances ● Considering changes to the boards and commissions themselves February 24, 2020 Page 3 of 4 (ID # 11050) Application and interview process ● Create a cover letter for the application that summarizes expectations for the role as well as the suggestion that applicants watch a few meetings and review relevant documents to become familiar with the board or commission’s work ● Review all questions for relevance and links to ensure accuracy ● Consider moving all appointments to the same time of year to allow for training program and to reduce timing issues related to Council elections (for discussion) ● Establishing term limits in line with the Council term limits or three terms (for discussion) Training Two types of training are recommended. First, an onboarding training that includes information about how to be a good board member or commissioner, as well as how to comply with the Brown Act and board/commission specific information. Second, training for new chairs and vice-chairs will help them transition into their new roles effectively. The City Manager’s Office would be well positioned to lead this training, in conjunction with the City Attorney and the various departments. Annual Workplans (for discussion) Many other jurisdictions require annual workplans from the boards and commissions which could be placed on Council’s consent calendar. One suggestion from the survey was to have these workplans be created after the Council’s priority setting meeting so that boards and commissions can integrate those into their own work. The ad hoc committee believes having an annual workplan will improve the coordination and communication between Council and boards and commissions. There also needs to be a clear process for a board or commission to initiate work during the year. This could be a memo from the board or commission, approved by a majority vote with an exception for emergencies. Additionally, individual board and commission members should not be permitted to initiate work for staff. Handbook The ad hoc committee recommends that Council direct staff to create a handbook that outlines roles and responsibilities for board members and commissioners, including expectations for professional conduct, conflicts of interest and recusals, attendance policies, how and when appointees can be removed, and roles of the staff, chair, and Council liaison. The ad hoc committee has reviewed the four exemplars from other jurisdictions with staff and made initial suggestions about desired topics and initial work is underway. A draft will be brought to Council for review and approval. Changes to boards and commissions (for discussion) While reviewing the survey results, listening to staff, and learning about other cities, we have identified a few possible changes that Council may wish to consider. These are offered as concepts at this stage, not as recommendations. ● Disbanding the Library Advisory Commission, as some members recommended February 24, 2020 Page 4 of 4 (ID # 11050) ● Adding a Senior Commission, as some other cities have ● Adding a Climate/Environment/Sustainability Commission, as most other cities have ● Splitting Planning and Transportation Commission into two, to align with the two departments Discussion topics We would like to get some feedback from council on several items, noted above as for discussion: 1. The idea of workplans and a prioritization process for new work during the year 2. Establishing term limits and for how long 3. Moving to a single interview period in spring, with more selective filtering of candidates to interview 4. Proposed changes to our boards and commissions Next steps Much of this work is in progress. The ad-hoc committee has considered the input of current and former board members and commissioners and looked at practices in other cities and is working with staff to bring draft updates back to Council for the application and interview process, training, workplan process, handbook and ordinance updates. The ad hoc committee respectfully requests that we continue to work with staff to develop these draft documents and bring them back to Council as refined proposals.