Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2019-08-12 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, August 12, 2019 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 Agenda Changes, Additions and Deletions City Manager Comments 5:00-5:10 PM Oral Communications 5:10-5:25 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. Consent Calendar 5:25-5:30 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 1.Approval of Contract Number C20175087A With VSS International, Inc. in the Amount of $1,543,000 for the Fiscal Year (FY) 2020 Streets Preventive Maintenance Project, Capital Improvement Program Projects PE-86070 and PO-11001 2.Approval and Authorization for the City Manager or his Designee to Execute the Following Energy and Water Platform Contracts in a Combined Not-to-Exceed Amount of $2,602,763 Over a Five-year Q&A Q&A MEMO 2 August 12, 2019 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. Term: A) WaterSmart Software, Inc., Number C19174648 in an Amount Not-to-Exceed $537,763; and B) Simple Energy, Inc., Number C20174646 in an Amount Not-to-Exceed $1,925,000 3.Adoption of a Resolution Establishing Fiscal Year (FY) 2020 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N) 4.Approval and Authorization for the City Manager or his Designee to Execute the Utility Program Services Contract With DirectApps, Inc. dba Direct Technology, Contract Number C20174817 With Total Compensation of $730,000 and a Maximum Term of Seven Years 5.Policy and Services Committee Recommends the City Council Accept the Auditor’s Office Quarterly Reports as of December 31, 2018 and March 31, 2019 6.Approval of Amendment Number 1 to Contract Number C17165394 With Genuine Parts Company, dba Napa Auto Parts, to Increase the Contract by $747,094 to an Amount Not-to-Exceed $2,996,074, and Extend the Term Through July 21, 2020 7.Adoption of a Resolution Updating Objective Standards for Wireless Communications Facilities in the Public Rights of Way to Clarify Language and Address a Conflict With Other City Standards Related to Replacement Pole Height State/Federal Legislation Update/Action Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Closed Session 5:30-9:30 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 8.CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION California Court of Appeal, Sixth Appellate District, Case No. H046597 Subject: City of Palo Alto, et al., Appellants v. Tze, et al., Respondents Authority: Government Code Section 54956.9(d)(1) 9.CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION United States District Court, Northern District of California, Case No. 3:18-cv-01256-JST Subject: Mahmoud Elsayed, et al. v. City of Palo Alto, et al. Authority: Government Code Section 54956.9(d)(1) Q&A Q&A 3 August 12, 2019 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. CAO PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager, City Attorney, City Clerk Authority: Government Code Section 54957 (b) 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. 4 August 12, 2019 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Policy and Services Committee Meeting Cancellation August 13, 2019 Sp. City/School Committee Meeting August 15, 2019 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Fiscal Year (FY) 2019 Annual Evaluation Report for the Santa Clara County Multi-jurisdictional Program for Public Information on Flood Preparedness Awareness and Resulting Community Rating System Flood Insurance Discounts Public Letters to Council Set 1 City of Palo Alto (ID # 10257) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/12/2019 City of Palo Alto Page 1 Summary Title: Award of Contract for FY 2020 Streets Preventive Maintenance Project Title: Approval of Contract C20175087A with VSS International, Inc. in the Amount of $1,543,000 for the FY 2020 Streets Preventive Maintenance Project, Capital Improvement Program projects PE-86070 and PO-11001 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract C20175087A with VSS International, Inc. (Attachment A) in the not-to-exceed amount of $1,543,000 for the FY 2020 Streets Preventive Maintenance Project (Capital Improvement Program projects PE-86070 and PO-11001) for street maintenance; and 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with VSS International, Inc. for related additional but unforeseen work that may develop during the project, the total value of which shall not exceed $154,300. Background Public Works Engineering Services Division manages construction contracts for concrete repair, preventive maintenance, resurfacing, and reconstruction of various city streets annually. In recent years, additional Capital Improvement Program (CIP) projects are being built through the annualized resurfacing contracts due to the complexity of construction and benefit of being included in a larger project. All City of Palo Alto streets are surveyed annually by Public Works Engineering Services staff and rated by a computerized pavement maintenance management system (PMMS) and the Metropolitan Transportation Commission’s (MTC) pavement analysis program Street Saver. All streets have been coordinated with the Utilities Department and the Office of CITY OF PALO ALTO City of Palo Alto Page 2 Transportation to eliminate the cutting of newly resurfaced streets. Extensive public outreach will be conducted before and during the construction phase to keep the community informed throughout the process, including sending flyers to adjacent residences and businesses and posting notices on Nextdoor and the City’s website. Discussion Project Description The $1,543,000 expenditure for this contract includes preventive maintenance of approximately 22 lane-miles of public streets (1.6 million square feet) and 168,000 linear feet of crack sealing. This contract also includes thermoplastic striping in coordination with the Public Works Public Services Division. The streets and other work sites included in this contract are listed in Attachment B. Additional maps of the FY 2020 Streets Preventive Maintenance Project and current 5-year plan for street repaving are available on the Street Maintenance Program homepage located at www.cityofpaloalto.org/streets. Bid Process An initial notice inviting formal bids (IFB) for the FY 2020 Streets Preventive Maintenance Project was posted on April 1, 2019, with three bids received on April 25, 2019. However, staff found that the base repair bid item had inadvertently been left out of the bid package. Bids were rejected so that the project could be rebid to include the missing base repair bid item. On June 18, 2019, a second IFB for the FY 2020 Streets Preventive Maintenance Project was posted online on PlanetBids and sent to 781 builder’s exchanges and contractors through the City’s eProcurement system. The bidding period was 21 calendar days. Bids were received from two qualified contractors on July 9, 2019 as listed on the attached Bid Summary (Attachment C). Summary of Bid Process Bid Name/Number FY 19/20 Streets Preventive Maintenance Project IFB #175087A Proposed Length of Project 60 calendar days Number of Bid Packages Downloaded by Builder’s Exchanges 8 Number of Bid Packages Downloaded by Contractors 16 Total Days to Respond to Bid 21 Pre-Bid Meeting? No Number of Bids Received: 2 City of Palo Alto Page 3 Base Bid Price Range $1,543,000 to $1,770,743 The apparent low bidder was selected based upon the total of the base bids plus add alternate 1. The bid items and add alternate 1 are described in Attachment C. Bids ranged from $1,543,000 to $1,770,743 and 15% to 32% over the engineer’s estimate. Staff has reviewed all bids submitted and recommends the base bid and add alternate one, totaling $1,543,000 submitted by VSS International, Inc. be accepted, and VSS International, Inc. be declared the lowest responsible bidder. The contingency amount of $154,300, which equals ten percent of the total contract, is requested for related, additional, but unforeseen work which may develop during the project. Staff reviewed other similar projects performed by the lowest responsible bidder, VSS International, Inc., including projects performed for the City and did not find any significant complaints with their previous work. Staff also checked with the Contractor’s State License Board and confirmed the contractor has an active license on file. Resource Impact Funding for the FY 2020 Streets Preventive Maintenance Project is available in the Fiscal Year 2020 Street Maintenance (PE-86070) and Thermoplastic Lane Marking and Striping (PO-11001) Capital Improvement Program projects. Funding Allocations Funding Source Contract Contingency Total Encumbrance 1 PE-86070 $1,455,879 $145,588 $1,601,467 2 PO-11001 $87,121 $8,712 $95,833 Totals $1,543,000 $154,300 $1,697,300 Policy Implications This project is in conformance with City of Palo Alto’s Comprehensive Plan and does not represent any changes to existing City policies. Environmental Review Street resurfacing projects are categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301(c) of the CEQA Guidelines as repair, maintenance or minor alteration of existing facilities and no further environmental review is necessary. Attachments: Attachment A - C20175087A Contract Attachment B - Streets List and Project Maps Attachment C - Bid Summary 11 Invitation for Bid (IFB) Package 1 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT Contract No. C20175087A City of Palo Alto FY 2019/2020 Streets Preventive Maintenance Project-Re- Bid Attachment A CI TY OF PALO ALTO Invitation for Bid (IFB) Package 2 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6 1.1 Recitals…………………………………………………………………………………………………………………….6 1.2 Definitions……………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………...6 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7 3.1 List of Documents…………………………………………………………………………………………….........7 3.2 Order of Precedence……………………………………………………………………………………………......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8 4.1 Contractor's Duties…………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8 5.1 Contractor's Co-operation………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8 6.1 Time Is of Essence…………………………………………………………………………………………………….8 6.2 Commencement of Work…………………………………………………………………………………………8 6.3 Contract Time…………………………………………………………………………………………………………..8 6.4 Liquidated Damages…………………………………………………………………………………………………8 6.4.1 Other Remedies……………………………………………………………………………………………………..9 6.5 Adjustments to Contract Time………………………………………………………………………………….9 SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9 7.1 Contract Sum……………………………………………………………………………………………………………9 7.2 Full Compensation……………………………………………………………………………………………………9 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9 8.1 Standard of Care…………………………………………………………………………………..…………………9 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10 9.1 Hold Harmless……………………………………………………………………………………………………….10 9.2 Survival…………………………………………………………………………………………………………………10 SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10 10.1 Municipal Code Requirement…………….………………………………..……………………………….10 SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………10 Attachment A Invitation for Bid (IFB) Package 3 Rev. March 17, 2017 CONSTRUCTION CONTRACT 11.1 Evidence of Coverage…………………………………………………………………………………………..10 SECTION 12 PROHIBITION AGAINST TRANSFERS…………………………………………………………….…11 12.1 Assignment………………………………………………………………………………………………………….11 12.2 Assignment by Law.………………………………………………………………………………………………11 SECTION 13 NOTICES …………………………………………………………………………………………………………….11 13.1 Method of Notice …………………………………………………………………………………………………11 13.2 Notice Recipents ………………………………………………………………………………………………….11 13.3 Change of Address……………………………………………………………………………………………….12 SECTION 14 DEFAULT…………………………………………………………………………………………………………...12 14.1 Notice of Default………………………………………………………………………………………………….12 14.2 Opportunity to Cure Default…………………………………………………………………………………12 SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..13 15.1 Remedies Upon Default……………………………………………………………………………………….13 15.1.1 Delete Certain Services…………………………………………………………………………………….13 15.1.2 Perform and Withhold……………………………………………………………………………………..13 15.1.3 Suspend The Construction Contract…………………………………………………………………13 15.1.4 Terminate the Construction Contract for Default………………………………………………13 15.1.5 Invoke the Performance Bond………………………………………………………………………….13 15.1.6 Additional Provisions……………………………………………………………………………………….13 15.2 Delays by Sureties……………………………………………………………………………………………….13 15.3 Damages to City…………………………………………………………………………………………………..14 15.3.1 For Contractor's Default…………………………………………………………………………………..14 15.3.2 Compensation for Losses…………………………………………………………………………………14 15.4 Suspension by City……………………………………………………………………………………………….14 15.4.1 Suspension for Convenience……………………………………………………………………………..14 15.4.2 Suspension for Cause………………………………………………………………………………………..14 15.5 Termination Without Cause…………………………………………………………………………………14 15.5.1 Compensation………………………………………………………………………………………………….15 15.5.2 Subcontractors………………………………………………………………………………………………..15 15.6 Contractor’s Duties Upon Termination………………………………………………………………...15 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16 16.1 Contractor’s Remedies……………………………………..………………………………..………………….16 Attachment A Invitation for Bid (IFB) Package 4 Rev. March 17, 2017 CONSTRUCTION CONTRACT 16.1.1 For Work Stoppage……………………………………………………………………………………………16 16.1.2 For City's Non-Payment…………………………………………………………………………………….16 16.2 Damages to Contractor………………………………………………………………………………………..16 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…16 17.1 Financial Management and City Access………………………………………………………………..16 17.2 Compliance with City Requests…………………………………………………………………………….17 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17 18.1 Status of Parties……………………………………………………………………………………………………17 SECTION 19 NUISANCE……………………………………………………………………………………………………….…17 19.1 Nuisance Prohibited……………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17 20.1 Payment of Fees…………………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………….17 21.1 Waiver………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18 22.1 Governing Law…………………………………………………………………………………………………….18 22.2 Compliance with Laws…………………………………………………………………………………………18 22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….18 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18 23.1 Integration………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18 24.1 Survival of Provisions……………………………………………………………………………………………18 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19 26.1 Appropriation………………………………………………………………………………………………………19 SECTION 27 AUTHORITY……………………………………………………………………………………………………….19 27.1 Representation of Parties…………………………………………………………………………………….19 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19 28.1 Multiple Counterparts………………………………………………………………………………………….19 SECTION 29 SEVERABILITY……………………………………………………………………………………………………19 29.1 Severability………………………………………………………………………………………………………….19 SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19 Attachment A Invitation for Bid (IFB) Package 5 Rev. March 17, 2017 CONSTRUCTION CONTRACT 30.1 Amendments of Laws…………………………………………………………………………………………..19 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19 31.1 Workers Compensation…………………………………………………………………………………….19 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20 32.1 General Notice to Contractor…………………………………………………………………………….20 32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20 32.3 DIR Registration Required…………………………………………………………………………………20 32.4 Posting of Job Site Notices…………………………………………………………………………………20 32.5 Payroll Records…………………………………………………………………………………………………20 Attachment A Invitation for Bid (IFB) Package 6 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on August 12, 2019 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and VSS International, Inc. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a Corporation duly organized and in good standing in the State of California, Contractor’s License Number 293727 and Department of Industrial Relations Registration Number 1000001231. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On June 18, 2019, City issued an Invitation for Bids (IFB175087A) to contractors for the FY 2019/2020 Streets Preventive Maintenance Project-Re-Bid (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the FY 2019/2020 Streets Preventive Maintenance Project-Re-Bid, located at Various Streets, Palo Alto, CA. 94301 ("Project"). Attachment A Invitation for Bid (IFB) Package 7 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Declaration 12) Reports listed in the Contract Documents 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. Attachment A Invitation for Bid (IFB) Package 8 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 4 CONTRACTOR’S DUTY. 4.1 Contractor’s Duties Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. 5.1 Contractor’s Co-operation. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed not later than . within Sixty calendar days (60) after the commencement date specified in City’s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of One Thousand dollars ($1,000) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, Attachment A • ~ Invitation for Bid (IFB) Package 9 Rev. March 17, 2017 CONSTRUCTION CONTRACT including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of One Million Five Hundred Forty Three Thousand dollars ($1,543,000). [This amount includes the Base Bid and Additive Alternates #1.] 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. 8.1 Standard of Care. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. Attachment A Invitation for Bid (IFB) Package 10 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NON-DISCRIMINATION. 10.1 Municipal Code Requirement. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. 11.1 Evidence of coverage. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Attachment A Invitation for Bid (IFB) Package 11 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. 12.1 Assignment. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. 12.2 Assignment by Law. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice to Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Young Tran AND [Include Construction Manager, If Applicable.] Attachment A Invitation for Bid (IFB) Package 12 Rev. March 17, 2017 CONSTRUCTION CONTRACT City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be sent by registered mail or certified mail with return receipt requested. All notices, demands, requests or approvals from City to Contractor shall be addressed to: VSS International, Inc. 3785 Channel Drive West Sacramento, CA 95691 Attn: Jeff Roberts, Senior VP 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. Attachment A • Invitation for Bid (IFB) Package 13 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally Attachment A Invitation for Bid (IFB) Package 14 Rev. March 17, 2017 CONSTRUCTION CONTRACT liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. Attachment A Invitation for Bid (IFB) Package 15 Rev. March 17, 2017 CONSTRUCTION CONTRACT 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, Attachment A Invitation for Bid (IFB) Package 16 Rev. March 17, 2017 CONSTRUCTION CONTRACT submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. Attachment A Invitation for Bid (IFB) Package 17 Rev. March 17, 2017 CONSTRUCTION CONTRACT 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. 18.1 Status of parties. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. 19.1 Nuisance Prohibited. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. 20.1 Payment of Fees. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. 21.1 Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Attachment A Invitation for Bid (IFB) Package 18 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS. 22.1 Governing Law. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. 22.2 Compliance with Laws. Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract. 22.2.1 Palo Alto Minimum Wage Ordinance. Contractor 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, Contractor 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, Contractor shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 23 COMPLETE AGREEMENT. 23.1 Integration. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. 24.1 Survival of Provisions. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work. Or Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work Attachment A • Invitation for Bid (IFB) Package 19 Rev. March 17, 2017 CONSTRUCTION CONTRACT in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. SECTION 26 NON-APPROPRIATION. 26.1 Appropriations. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 27 AUTHORITY. 27.1 Representation of Parties. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS 28.1 Multiple Counterparts. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. 29.1 Severability. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. 30.1 Amendments to Laws. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. 31.1 Workers Compensation. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: Attachment A Invitation for Bid (IFB) Package 20 Rev. March 17, 2017 CONSTRUCTION CONTRACT “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS. 32.1 General Notice to Contractor. City requires Contractor and its listed subcontractors to comply with the requirements of SB 854. 32.2 Labor Code section 1771.1(a) City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices. City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and enforcement by DIR. 32.5 Payroll Records. City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project. (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively. Attachment A Invitation for Bid (IFB) Package 21 Rev. March 17, 2017 CONSTRUCTION CONTRACT (iii) At the request of City, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of City’s request. City requests Contractor and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. (iv) If the certified payroll records are not produced to the project manager within the 10-day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof. (v)Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ Purchasing Manager City Manager APPROVED AS TO FORM: ____________________________ City Attorney or designee APPROVED: ____________________________ Public Works Director CONTRACTOR Officer 1 By:___________________________ Name:________________________ Title:__________________________ Date: _________________________ Officer 2 By:____________________________ Name:_________________________ Title:___________________________ Date:____________________________ Attachment A • ~ Street Name Begin Location End Location 1 Anton Court Cowper Street End 2 Arbol Drive Los Robles Avenue Encina Grande Drive 3 Arcadia Place Newell Road End 4 Arrowhead Way Indian Drive Aztec Way 5 Ash Street Park Avenue Stanford Avenue 6 Avalon Court Loma Verde Avenue End 7 Aztec Way Arrowhead Way Cardinal Way 8 Bautista Court Stockton Place End 9 Bellview Drive North California Avenue End 10 Bibbits Drive Louis Road End 11 Birch Street Park Boulevard Leland Avenue 12 Birch Street Lambert Avenue Fernando Avenue 13 Blair Court Greer Road End 14 Bruce Drive Marshall Drive Louis Road 15 Byron Street Santa Rita Avenue Oregon Expressway 16 Byron Street Colorado Avenue End 17 Byron Street San Antonio Avenue End 18 Cardinal Way Indian Drive Aztec Way 19 Carlitos Court Barron Avenue End 20 Cass Way Barron Avenue End 21 Chimalus Drive Matadero Avenue Tippawingo Street 22 Clara Drive Ross Road Colorado Avenue 23 Clara Drive Clara Drive End 24 Clifton Court Stockton Place End 25 Coastland Drive Marion Avenue Marion Avenue 26 Cowper Street Lowell Avenue Seale Avenue 27 Dartmouth Street College Avenue California Avenue 28 East Greenwich Place Newell Road End 29 El Dorado Avenue Waverley Street Cowper Street 30 Emerson Street Embarcadero Road Churchill Avenue 31 Emerson Street Colorado Avenue Matadero creek 32 Emerson Street El Verano Avenue End 33 Fielding Drive Fielding Cul‐De‐Sac Louis Road FY 19/20 Preventive Maintenance Project Street List Attachment B 34 Gaspar Court Colorado Avenue End 35 Georgia Avenue Donald Drive End 36 Greenwood Avenue Melville Avenue Hutchinson Avenue 37 Guinda Street Embarcadero Road Seale Avenue 38 Harker Avenue Melville Avenue Cedar Street 39 Harvard Street Stanford Avenue California Avenue 40 High Street Santa Rita Avenue North California Avenue 41 Hutchinson Avenue Greenwood Avenue Channing Avenue 42 Indian Drive Oregon Expressway Moreno Avenue 43 Kenneth Drive Greer Road Greer Road 44 Kings lane Newell Road End 45 Lane 66 Fernando Avenue Margarita Avenue 46 Lane 66 Margarita Avenue Matadero Avenue 47 Lane 66 Matadero Avenue Wilton Avenue 48 Lane 66 Wilton Avenue End 49 Leland Avenue Ash Street Bollard 50 Los Robles Avenue Laguna Avenue Manzana lane 51 Mackall Way Loma Verde Avenue End 52 Marion Avenue Coastland Drive Coastland Drive 53 Marion Avenue Coastland Drive Middlefield Road 54 Marion Avenue Waverley Street Middlefield Road 55 Marion Place Marion Avenue End 56 Military Way Magnolia Drive El Camino Real 57 Moraga Court Stockton Place End 58 Moreno Avenue Elmdale Place End 59 Morton Street Embarcadero Road Embarcadero Road 60 Morton Way Morton Street End 61 Northampton Drive Portal Place Southampton Drive 62 Olive Avenue El Camino Real Ash Street 63 Paradise Way Paradise Cul‐De‐Sac 2 Laguna Avenue 64 Paul Avenue El Centro Street La Donna Street 65 Portal Place Middlefield Road Northampton Drive 66 Santa Rita Avenue Cowper Street Middlefield Road 67 Seale Avenue Newell Road Mark Twain Street 68 Sevyson Court Colorado Avenue End Attachment B 69 Solana Drive Encina Grande Drive Florales Drive 70 Southampton Drive Portal Place Northampton Drive 71 Sycamore Drive Louis Road End, West 72 Sycamore Drive Louis Road End, East 73 Wellesley Street Stanford Avenue Cameron Park 74 Wellesley Street College Terrace Library California Avenue Attachment B private Don ald Drive Encina Grande Drive Cereza Drive Los Robles Avenue Villa Vera Verdosa Drive Campana Drive Solana Drive Ynigo Way Driscoll Ct ng Arthur'Maybell Way Maybell Avenue Frandon Ct Florales Drive Georgia Avenue Amaranta Avenue Amaranta Ct Ki sCourt Terman Drive Baker Avenue Vista Avenue Wisteria Ln Pena Ct Coulombe Drive Cherry Oaks Pl Pomona Avenue Arastradero Road Abel Avenue Clemo Avenue Villa Real El Camino Way Curtner Avenue Ventura Avenue Maclane Emerson Street Ventura Ct Park Boulevard Magnolia Dr South El Camino Real Cypress Lane GlenbrookD Fairmede Avenue Arastradero RoadIrven Court Los Palos Cir LosPalosPl Maybell Avenue Alta Mesa Ave Kelly Way Los Palos Avenue Suzanne Drive Suzanne Drive ri ve El Camino Real Suzanne Ct Lorabelle Ct McKellar Lane El Camino Way James Road Maclane Second Street Wilkie Way Camino CtWest M eado w Drive Thain Way Barclay Ct Victoria Place Interdale Way West Charleston Road Tennessee LaneWilkie Way Carolina Lane Tennessee Lane Park Boulevard Wilkie Ct Davenport Way Alma Street Roosev Monroe Drive Wilkie Way Whitclem Pl Whitclem Drive Duluth Circle Edlee Avenue Dinah's Court Cesano Court Monroe DriveMiller Avenue Whitclem Wy Whitclem Ct Ferne Avenue Ben Lomond Drive Fairfield Court Ferne Avenue Ponce Drive HemlockCourt Ferne Court Alma Street Monroe Drive San Antonio Road N Ruthelma Avenue Darlington Ct East Charleston Road LundyLane Newberry Ct Park Boulevard George Hood Ln Alma Street elt Circle LinderoDrive Wright Place StarrKing Circle Shasta Drive Mackay DriveDiablo Court Scripps Avenue Scripps Court Nelson Drive Tioga Court Creekside Drive Greenmeadow Way Ben Lomond Drive Parkside Drive Dixon Place Ely Place Dake Avenue Ferne Avenue San An ChristopherCourt CalcaterraPlace Ely Place Ely Place Adobe PlaceNelson Court ByronStreetKe ats CourtMiddlefield Road Duncan Place Carlson Court Duncan Place Mumford Place East Charleston Road San Antonio Road East Meadow Drive Emerson Street Court Brya nt St reet Roosevelt Circle Ramona Street CarlsonCircle Redwood Circle So u th Leghorn Street Montrose Avenue Maplewood Charleston Ct East Charleston Road Seminole Way Sutherland Drive Nelson Drive El Capitan Place Fabian Street Loma Verde Avenue Bryson Avenue Midtown Court Cowper Street Gary Court Waverley Street South Court Bryant Street Ramona Street Alma Street Coastland Drive Colorado Avenue Byron Street Middlefield Road Gaspar Court Mor e n o A v e n u e Coastland Drive El Carmelo Avenue Rosewood D Campesino Avenue Dymond Ct Martinsen Ct Ramona Street Bryant Street Towle Way Towle Place Wellsbury Ct Avalon Court FlowersLane Mackall Way Loma Verde Avenue Kipling Street Cowper Street South Court Waverley Street El Verano Avenue Wellsbury Way La Middlefield Road St Claire Drive Alger Drive Ashton Avenue St Michael Drive St Michael Drive Maureen Avenue Cowper Court Rambow Drive East Meadow Drive Ashton Court Murdoch Drive Cowper Street Murdoch Ct St Michael Court MayCourt Mayview Avenue Middlefield Road Ensign Way Bibbits DriveGailen Ct Gailen Avenue Grove Avenue San Antonio Road Com mercial Stre et Industrial Avenue Bibbits Drive East Charleston Road Fabian W ay T East Meadow Drive Grove Avenue Christine Drive Corina Way Ross RoadCorina Way Louis Road Nathan Way Transport Street Ortega CourtEast Meadow Drive yneCourt alisman Loma Verde Avenue Allen Court Ross Court Loma Verde Pl Ames Avenue Richardson Court Holly Oak Drive Ames Avenue CorkOakWay Middlefield Road Ames Ct Ames Avenue Ross Road Rorke Way Rorke Way Stone Lane Toyon Place Torreya Court Lupine Avenue Thornwood Drive DriftwoodDrive Talisman Drive Arbutus Avenue Ross Road Louis Road Aspen Way Evergreen Drive E ast Meadow Drive Corporation Way Elwell Court Janice Way East Meadow Circle East Meadow Circle GreerRoad Bayshore Freeway rive Ellsworth Place San Carlos Court Wintergreen Way SutterAvenue Sutter Avenue Clara Drive Price Court Stern Avenue Colorado Avenue Randers Ct Ross Road Sycamore Drive Sevyson Ct Stelling Drive Ross Road David Avenue MurrayWay Stelling Drive Stelling Ct ManchesterCourt Kenn eth Driv e ThomasDrive Greer Road Stockton Place Vernon Terrace Louis Road Janice Way Thomas Drive Kenneth Drive Loma Verde Avenue CliftonCourt Elbridge Way Clara Drive BautistaCourtStockton Place Morris Drive Maddux Drive Piers Ct Louis Road Moraga Ct Columbia Street Bowdoin Street Dartmouth Street Hanover Street College A venue California Avenue Hanover Street Ramos Way (Private) Page Mill Road Hansen Way Hanover Street Laguna Ct Barron Avenue Josina Avenue Kendall Avenue Tippawingo St Julie Ct Matadero Avenue Ilima Way Ilim a Court Laguna Oaks Pl Carlitos Ct La Calle Laguna Avenue El Cerrit Paradise Way Roble Ridge (Private) La MataWay Chim alu s Drive Matadero Avenue oRoad Paul AvenueKendall AvenueWhitsell Avenue Barron Avenue Los Roble s Avenue Laguna Way Shauna Lane La Para Avenue San Jude Avenue El Centro Street Timlott La Jennifer Way Magnolia Dr North La Donna Avenue LosRobles Avenu e Rinc Manzana Lane onCircle Georgia Avenue Hu bbartt Drive Willmar Drive Donald Drive La Para Avenue San Jude Avenue Magnolia Drive Military Way Arbol Drive Orme Street Fernando Avenue Matadero Avenue Lambert Avenue Hansen Way El Camino Real Margarita Avenue Matader o Avenue Wilton Aven ue Oxford Avenue Harvard Street California Avenue Wellesley Street Princeton Street Oberlin Street Cornell Street Cam bridge Avenu e College Avenue Williams Street Yale Street Staunton Court Oxford Avenue El Camino Real Churchill Avenue Park Boulevard Park Avenue Escobita Avenue Churchill Avenue Sequoia Avenue Mariposa Avenue Castilleja Avenue Miramonte Avenue Madrono Avenue Portola Avenue Manzanita Avenue Coleridge Avenue Lelan d Avenue Stanford Avenue Birch Street Ash Street Lowell Avenue Alma StreetTennyson Avenue Gran t Avenue She rida n Avenue Jacaranda Lane El Camino Real Sherman Avenue Ash Street Page Mill Road Mimosa Lane Chestnu t Avenue Por tage Avenue Pepp er Aven ue Olive Avenue Acacia Avenue Emerson Street Park Boulevard Orinda Street Birch Street Ash Street Page Mill Roa d Ash Street Park Boulevard College Aven ue Cambridge Avenu e New Mayfield Lan eBirch Street California Aven ue Park Boulevard Nogal Lane Rinconada Avenue Santa Rita Avenue Park Boulevard Seale Avenue Washington Avenue Santa Rita Avenue WaverleyStree Bryant Street High Street Emerson Street Colorado Avenue Street Emerson Street Ramona Street Bryant Street South Court El Dorado Avenue Alma Street Alma Street HighStreet t Emerson Waverley Oaks Washington Avenue Bryant Street South Court Waverley Street Emerson Street Nevada Avenue North California Avenu e Santa Rita Avenue Ramona Street High Street North California Avenue Oregon Expressway Marion Avenue Ramona Street Colorado Avenue Waverley Street Kipling Street South Court Cowper Street Anton Court Nevada Avenue Tasso StreetTasso Street Oregon Avenue Marion Pl Webster Street Middlefield Road Ross Road Warren Way El Cajon Way Embarcadero Road Primrose Way Iris Way Tulip Lane Tulip Lane Garland Drive Louis Road Greer Road Morton Street Hamilton Avenue Marshall Drive Fieldin Moreno Avenue Marshall Drive Dennis Drive Agnes Way Oregon Avenue Blair Court Santa Ana Street Elsinore Drive Elsinore Court El Cajon Way Greer Road North California Avenue gDrive Colorado Avenue Sycamore Drive Amarillo Avenue VanAuken Ci rcle Bruce Drive Colonial Lane Moreno Avenue Celia Drive Burnham Way Greer Road Indian Drive Elmdale Pl C Tanland Drive Moreno Avenue Amarillo Aven West Bayshore Road Sandra Place Clara Drive Colorado Avenue Greer Road Colorado Avenue Simkins Court Otterson Ct Higgins Place Lawrence Lane Maddux Drive Genevieve Ct Metro Circle MoffettCircle Greer Road ardinalWay Santa Catalina Street ArrowheadWayAztec Way Chabot TerraceOregon Carmel DriveSt Francis DriveI St FrancisD Wildwood Lane Homer Avenue Lane 8 West Medical Foundation Way Lane 7 West Lane 7 East Embarcadero Road Encina Avenue El Camino Real Urban Lane Wells Avenue Forest Avenue High Street Emerson Street Channing Avenue Alma StreetAlma Street Lane 6 E Lane 11 W Gilman Street Churchill Avenue Lowell Avenue Seale Avenue Tennyson Avenue Melville Avenue Cowper Street Tasso Street Webster Street Byron Street North California Avenue Coleridge Avenue Waverley Street Bryant Street Emerson Street Kellogg Avenue Kingsley Avenue Portal Place Ross Road Oregon Avenue Garland Drive Lane A West Lane B West Lane B East Lane D West Lane 59 East Whitman Court Kellogg Avenue Embarcadero Road Kingsley Avenue Lincoln Avenue Addison Avenue Lincoln Avenue Forest Avenue Downing Lane Homer Avenue Lane D East Lane 39 Lane 56 Webster Street Waverley Street Kipling Street Bryant Street Ramona Street Addison Avenue Scott Street Forest Avenue Kellogg Avenue Middlefield Road Byron Street Webster Street Cowper Street Tasso Street Cowper Street Addison Avenue Lincoln Avenue Boyce Avenue Forest Avenue Homer Avenue Guinda Street Middlefield Road Channing Avenue Channing Avenue Addison Avenue Lincoln Avenue Regent Pl Guinda Street Lincoln Avenue Fulton Street Melville Avenue Byron Street Kingsley Avenue Melville Avenue Hamilton Avenue Hamilton C o Forest Avenue Forest Ct Palm Stre et Somerset Pl Pitman Avenue Fife Avenue Forest AvenueDana Avenue Lincoln Avenue University Avenue Coleridge Avenue Lowell Avenue Fulton Street Cowper Street Tennyson Avenue Seale Avenue Northampton Drive West Greenwich Pl Middlefield Road Newell Road Guinda Street East Greenwich Pl Southampton Drive Webster Street Kirby Pl Kent Place Tevis Pl Martin Avenue Ce nter Drive Harriet Street Wilson Street Cedar Street Harker AvenueGreenwood Avenue Hutchinson Avenue Channing Avenue Hopkins Avenue Embarcadero Road Ashby Drive Dana Avenue Hamilton Avenue Pitman Avenue Southwood Drive WestCrescent Drive C rescent Drive University Avenue Center Drive EastCrescen Arcadia Place Louisa Court New ell Pl Sharon Ct Erstwild Court Walter Hays Drive Walnut DriveNewell Road Parkinson Avenue Pine Street Mark Twain Street Louis Road Barbara Drive Primrose Way Iris Way Embarcadero Road Walter Hays Drive Lois LaneJordan Pl Lois Lane Heather Lane Bret Harte Street Stanley Way De Soto Drive De Soto Drive Alester Avenue Walter Hays Drive Channing Avenue Iris Way tDrive Dana Avenue Hamilton Avenue Newell Road Kings Lane Edgewood Dr iv e Island Drive Jeffers Ja Patricia Madison Way Addison Avenue Channing Avenue Waverley Street Tennyson Avenue Se ale Avenue Middlefield Road Byron Street Webster Street Marion Avenue Sedro Lane Peral Lane McGregor Way Monroe Drive Silva Avenue Silva Court Miller Court Briarwood Way Driscoll Place Com munity Lane Court Madeline Ct David Ct Green Manor Oregon Expressway Sherida n Aven u e ad Cerrito Way Emerson Street Oregon Expressway Jacob's Ct CalTrain ROW CalTrain ROW CalTrain ROW CalTrain ROW Lane 66 West Charleston Road Bayshore Freeway Bayshore Freeway Bayshore FreewayWest Bayshore Road East Bayshore Road East Bayshore Road West Bayshore Road East Bayshore RoadBayshore FreewayBayshore FreewayFabian Way Bayshore Freeway Bayshore Freeway Lane 66 La Selva Drive Grove Ct Stanford Avenue Lasuen Street Serra Mall Escondido Road Olmsted Road Phillips Road El Dorado Avenue Clara Drive Bellview Dr Homer Avenue La Calle Matadero Ave Colorado Pl Los Rob les Aven ue Timlott Ct Vista Villa Lane La Donna Avenue Cass Way Kenneth Drive Fabian Way Page Mill Road Middlefield RoadChristine Drive Louis Road East C ha Bayshore Freeway Bayshore Freeway Chimalus Drive Hanover Street Com munity Lane Greenwood Avenue Harker Avenue Parkinson Avenue AvenueMaplewood Pl Mackay Drive Quail Dr Q uail Dr Paloma Dr Paloma Dr Trinity Ln Heron Wy Feather LnStanislaus Ln Tuolumne Ln Plover Ln San dpiper Ln Curlew Ln M allard LnEgret Ln Klamath Ln Deodar StAlder Ln Spruce Ln Rickey's Ln Juniper Way Rick e y's Wy Rickey's Wy Rickey's Wy Juniper Lane Boronda Lane Tahoe Lane Lake Avenue Donner Lane Almanor Lane Fallen Leaf Street Berryessa Street Cashel St Noble StHettinger Ln Pratt Ln Emma Court Federation Way Abrams Court Angell Court Arguello Way Arguel loWay Avery Mall Ayrshire Farm Lane Barnes Court Bonair Siding Bowdoin Street Cam Campus Drive v e Campus Drive Campus Drive Campus Drive Campus Driv e Campu s Drive Drive Churchill Mall Comstock Circle Aboretum Road Blackwelder Court Crothers W ay Dudle y Lane Escondid o Ro ad Escondido Road Escondido Road Galvez M all Galvez Street Galvez Street G alv ez Street Hoskins Court Hulme Court Jenkins C ourtKnight Way Lasuen Mall Lasuen Mall Lasuen Street Lomita Drive Lo mita D rive Mall Masters Mall McFarland Court Memorial Way Mu seum Way N Service Road Nelson Mall Nelson Road North-South Axis Oberlin St Comstock Circle Escondido Mall Olmsted Road Olmsted Road Olmsted Road Olmsted Road Olmsted Road Palm Driv e Pampas Lane Pine Hill Court Quillen Ct Rosse Lane Roth Way R oth Way Running Farm Lan e Serra Mall Serra Street Serra Street Serra Street Thoburn Court Wellesley St r W ay Yale St Alma Street Alma Street Alma Street Alma Street Sam McDonald Road Sam McDonald Mall doin Lane ello Wa y Alma Village Lane Alma Village Circle Ryan LaneGene Ct Brassinga Ct Cole Ct Birch Street This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurface Type I abc Microsurface Type II 0'1369' FY 1 9 / 2 0 P r e v e n t i v e M a i n t e n a n c e P r o j e c t CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Altobleung, 2019-05-29 16:45:03 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment B G I= -- ......... .. · i./ j,:; ' ~ '-i-~\. Coastland Drive Mo r e n o A v e n u e Coastland Drive Ro enue Av enue ion Avenue n A v e n u e Marion Pl Webster Street Middlefield Road Ross Road Warren Way El Cajon Way Embarcadero Road Prim rose W ay Iris W a y Tulip Lane T ulip L a ne Garland Drive Louis Road G re er R o a d Morton Street G r e e r H a milton A ve n u e Hil b a r L a n e Alannah CtRh o d e s Marshall Dri Moreno Avenue Marsh al l Dri v e Dennis Driv e Agnes Way Oregon Avenue Blair Court Santa Ana Street Elsinore Drive Elsinore Court El Cajon Way Greer Road North California Avenue Colonial Lane Mor en o Aven ue Celia Driv e Burnham Way Greer Road Indian Drive Elmdale Pl C Tanland Dr Mor en o Aven ue ardi na l Way Santa Catalina Street Arrowhead WayAztec Way Chabot TerraceOregon Avenue Carmel Drive Sierr t St Francis Drive Tanland D Wildw Iv y L a n e St Fran c is Driv e Wild w o od La n e S a Webster Street Byron Street North California Avenue Portal Place Ross Road Oregon Avenue Garland Drive bster Street enue Middlefield Road Byron Street Webster Street venue Avenue B oyce A nda Street lefield Road venue C h annin g A v enu e A d diso n A ven u e Lin coln Ave nue R eg e nt Pl Guinda Street Lincoln Avenue Fulton Street M e lvill e A ven ue Byron Street venue Avenue S o m erset Pl Pitm a n A ve n ue e F orest A v e nueDana A venu e Lincoln A v e n u enue enue Fulton Street Tennyson Avenue Seale Avenue Northampton Drive West Greenwich Pl Middlefield Road Newell Road Guinda Street East Greenwich Pl Southampton Drive Webster Street Kir by Pl K ent Pla ce T evis Pl M artin Ave nue C enter Drive H arri et Stre et Wilson Stree t C ed ar Stre et H ark er Ave n u e Gre en wo od Ave n ue H utc hinso n A v e nu e C h a nnin g A ve nue Ho pkin s A v enu e Embarcadero Road A s hb y D riv e D a n a A v e n u e H a milt o n A v e nu e Pit m a n A ve n u e Sou t hw oo d Drive West Crescent Drive iversity Avenue Center Drive East Crescen A r c a d ia P la c e Lo uisa Co urt N e w ell Pl Sh aron Ct Ers twild C ourt W alter H ays Drive W alnut Driv e N e w ell R o a d P arkins o n A ven u e Pine Street Mark Twain Street Louis Road Barbara Drive Prim ros e W ay Iris Way Embarcadero Road Walter Hays Drive Loi s Lan e J o r d a n Pl L ois La n e H e ather L a ne Bret Harte Street St anley W ay D e S oto D rive De Soto Drive Alest er Ave nue W alter H ays D rive C h annin g A v enu e Iris W a y tDrive D ana A ven ue Hami lton Av enue N ew ell Road Kin g s L a n e Edgewood D r i v e Island Drive Jef f e rson D rive J ac kson D r i v e P at r ici a L a n e Ma dison Way Edgewood D Addison Avenue Channing Avenue venue nue Middlefield Road Byron Street Webster Street Marion Avenue Co m m u nity L ane Green Manor Orego n Oregon E xpressway P hillips Ro a d Bellview Dr Co m m u nity L a ne G reen woo d A ve nue H arker A ven u e P arkin son A ve n ue This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurface Type I abc Microsurface Type II 0'573' FY 1 9 / 2 0 P r e v e n t i v e M a i n t e n a n c e P r o j e c t CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Altobleung, 2019-05-20 14:38:42 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment BI~ I l ~, ~) L l --L DDLJ r •DC ID ODDI II -DDL71 J ® --11 11 11 11 I( I! 11 11 I --I private enue rive urt Nelson Drive rt Dake Avenue Ferne Avenue er Court e Adobe PlaceNelson Court Byron StreetKeats CourtMiddlefield Road Duncan East Charleston Road S a n Antonio Ro a d Leghorn Street Montrose Avenue Maplewood Charleston Ct East Charleston Road Seminole Way Sutherland Drive Nelson Drive El Capitan Place F a bia n Street Bryson Avenue Midtown Court Cowper Street Gary Court Waverley Street Coastland Drive Colorado Avenue Byron Street Middlefield Road Gaspar Court Mo r e n o A v e n u e Coastland Drive Ros e wood D Dymond Ct Mar tinsen Ct Towle Way Towle Place Wellsbury Ct Avalon Court FlowersLane Mackall Way Loma Verde Avenue Kipling St reet Cowper Street Waverley Street Wellsbury Way La Middlefield Road St Claire Drive Alger Drive Ashton Avenue St Michael Drive St Michael Drive Maureen Avenue Cowper Court Rambow Drive East M eado w D rive Ashton Court Murdoch Drive Co w p e r St reet Mu rdoch Ct St Michael Court MayCo ur t Mayview Avenue Middlefield Road Ensign Way Bibbits DriveGailen Ct Gailen Avenue Grove Avenue S a n A nto nio R o a d C o m m ercial Stre et Ind u strial A ven u e Bibbits Drive E ast C harlesto n R o a d Fabian W ay T East Meadow Drive Grove Avenue Chris tin e Driv e Corina Way R oss Road Corina W ay Louis R oad N athan W ay Transport Street Ortega CourtEast Meadow Drive yneCourt alisman Loma Verde Avenue Allen Court Ross Court Loma Verde Pl Ames Avenue Ric hardson Court Holly Oak Drive Ames Avenue CorkOakWay Middlefield Road Ames Ct Ames Avenue Ross Road Rorke Way Rorke Way Stone Lane Toyon Place Torreya Court Lupine Avenue Thornwood Drive DriftwoodDrive Talisman Drive Arbutus Avenue Ross Road Louis Road Aspen Way Evergreen Drive E ast M eado w Drive Corporation Way Elwell Court Janice Way East Meadow Circle East Meadow Circle GreerRoad Bayshore Freeway rive Ellsworth Place San Carlos Court Wintergreen Way SutterAvenue Sutter Avenue Clara Drive Price Court Stern Avenue Colorado Avenue Randers Ct Ross Road Sycamore Drive Sevyson Ct Stelling Drive Ross Road David Avenue Mur ray Way Stelling Drive Stelling Ct ManchesterCourt K e n n eth Driv e ThomasD ri v e Greer Roa d Stockton Place Vernon Terrace Louis Road Janice Way Thomas Drive Kenneth Drive Lom a Verde Aven ue CliftonCourt Elbri d g e W ay Clara Drive BautistaCourt Stockton Place Morris Drive Maddux Drive Piers Ct Louis Road Moraga Ct ue Marion Avenue olorado Avenue Waverley Street Kipling StreetAnton Cour t Tasso StreetOregon Avenue Marion Pl Webster Street Ross Road Warren Way Marshall Drive Fieldin Moreno Avenue Marsh al l Dri ve Dennis Drive Agnes Way Oregon Avenue g Drive Colorado Ave nue Sycamo re Drive Amarillo Avenue Van Auken Ci r cle Bruce Drive Colonial Lane Moreno Avenue Celia Drive Burnham Way Greer Road Indian Drive Elmdale Pl C Tanland Drive Moreno Avenue Amarillo Avenue West Bayshore Road Sandra Place Clara Drive Colorado Avenue Greer Road Colorado Avenue Simkins Court Otterson Ct Higgins Place Lawrence Lane Maddux Drive Genevieve Ct Metro Circle Moffe ttCir c le Greer Road East Bayshore Road ardinal Way t ArrowheadWayAztec Way Chabot TerraceOregon Avenue West Bayshore Road Tanland Drive East Bayshore Road Watson Court Oregon Avenue Marion Avenue Court David Ct Green Manor Oregon Expressway way Oregon Expressway Bayshore Freeway Bayshore Freeway Bayshore FreewayWest Bayshore Road East Bayshore Road East Bayshore Road East Bayshore Road West Bayshore Road East Bayshore RoadBayshore FreewayBayshore FreewayFabian Way Bayshore Freeway Bayshore Freeway Grove Ct Clara Drive S a n A nt o ni o R o a d Colorado Pl Kenneth Drive Fabia n W ay Middlefield Road Christine Drive Louis Road Bayshore Freeway Bayshore Freeway AvenueMaplewood Pl Q u ail Dr Q uail Dr Palo m a Dr P alo m a Dr Trinity Ln H eron Wy F eather LnStanislaus Ln Tuolumne Ln Plover Ln S a n d pip er L n C u rle w L n M alla r d L nE gret Ln Kla m ath L n Boronda Lane Tahoe Lane Lake Avenue Donner Lane Almanor Lane Fallen Leaf Street Berryessa Street Federation Way This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurface Type I abc Microsurface Type II 0'794' FY 1 9 / 2 0 P r e v e n t i v e M a i n t e n a n c e P r o j e c t CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Altobleung, 2019-05-29 13:02:33 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment B .. ,---" r ,-/ f(",,, <:;}/ h.":; /S .::'····; ··-·\;-·\. ,· \ c1\ \ r <::\ •-~ Ir , '· . ' ' -"'\,---1 Coastland Drive Mo r e n o A v e n u e Churchil l Avenue Mariposa Avenue Castilleja Avenue Miramonte Ave nue Coleridge Avenue Lowell Avenue Alma Street Tennyson Avenue Mill RoadPark Boulevard Nogal Lane Rinconada Avenue Santa Rita Avenue Park Boulevard Seale Avenue Washington Avenue Santa Rita Avenue Waver ley Stree Bryant Street High Street Emerson Street Colo rado Avenue Street Alma Street High Street t Emerson Wa v e r l e y O a k s Washington Avenue Bryant Street South Court Waverley Street Emerson Street Nevada Avenue No rth California Avenue San t a Rita Aven u e Ramona Street High Street No rth California Avenue Ore gon Expre ssway Marion Avenue Ramona Street Colo South Court Cowper Street Anton Court Nevada Avenue Tasso StreetTasso Street Oregon Avenue Marion Pl WebsterS Middlefield Road o Road Alma Street Churchill Avenue Lowell Avenue Seale Avenue Tennyson Avenue Melville Avenue Cowper Street Tasso Street Webster Street Byron Street North C Coleridge Avenue Waverley Street Bryant Street Emerson Street Kellogg Avenue Kingsley Avenue Portal Place Or Garland Drive Lane 59 East Whitman Court Kellogg Avenue Embarcader o Road Kingsley Avenue Lincoln Avenue Lincoln Avenue Kellogg Avenue Middlefield Road Byron Street Webster Street Cowper Street Tasso Street co e u Guinda Street Lincoln Avenue Fulton Street M e Byron Street Kingsley Avenue Melville Avenue Coleridge Avenue Lowell Avenue Fulton Street Cowper Street Tennyson Avenue Seale Avenue Northamp West Gree Middlefield Road Guinda Street Southamp Webster Street Street H Embarcadero Road Waverley Street Tennys o n Ave nue Sea l e Aven u e Middlefield Road Byron Street Webster Street Marion Avenue Green Manor Ore gon Expre ssway S h eri d a n A v e n u e Emerson Street CalTrain ROW C o m m u nity L a n e P arkinson A ve nue Alma Street Alma Street Alma Street This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurface Type I abc Microsurface Type II 0'478' FY 1 9 / 2 0 P r e v e n t i v e M a i n t e n a n c e P r o j e c t CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Altobleung, 2019-05-29 16:42:44 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment B~~vv l I @ L L @)) f D r ID ~ I -' .. •DI jl -i,? [ •DI J ~ 1 DO •-~ Ir ; C .tF ! l ~ •a ,DD / ' ~ -----,---r-~~ l /4 ~ I l Jl ...... D\ I [ ~ •••· - )p DD'~ Ltj .l ~Q}Vi 7/ D ~~, ~ [ Jl J ff" 1' ' ~ ® --· ·-· -!T 11/7~ l( 7/ Fl 1 c I 7\ -\~ ~ --- Emerson Street Loma Verde Avenue Bryso n Avenue Midtown Court Cowper Street Gary Court Waverley Street South Court Bryant Street Ramona Street Alma Street Colorado Avenue Byron Street Middlefield Road Gaspar Court Moreno El Ca rmelo Avenue Campesino Avenue Dy mond Ct Mart insen Ct Ramona Stre Bryant Stre Towle Way Towle Place Well s bury Ct Avalo n Cour t Flowers Lane Mackall Way Loma Verde A Kipling St re et Cowper Street South Court Waverley El Ver ano Ave nue We llsbury Wa y La Middlefield Road St Claire Drive St Michael Drive St Michael Drive Maureen Avenu e St Michael Court yneCourt H Ames Avenue Middlefield Road Toyon Pla ce Torrey a C Ell s wo San Car Su t t e r Colorado Emerson StreetColo rado Aven ue Street Emerson Street Ramona Street Bryant Street South Court El Dorado Avenue ma Street Alma Street High Street Emerson Bryant Street et et Oregon Expresswa y Mar i o n A v en u e Ramona Street Colo rado Aven ue Waverley Street Kipling Street South Court Anton Court Tasso Street Ore go n A ve nu e Marion Pl Web s ter Stree t Green Manor Oregon Ex pressway S CalTrain El D or a do A ve n ue Alma Stre This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurface Type I abc Microsurface Type II 0'383' FY 1 9 / 2 0 P r e v e n t i v e M a i n t e n a n c e P r o j e c t CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Altobleung, 2019-05-22 08:27:51 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment B I ~, /; l '--I ( @)) __/ ,., L ½c ~ 1/ \ ,_ ,_ C i.? I, <> ( -~ ~ I l ~ ~)j I-r: ~ _s ~ I I •-~ Ir ; ~ .tr j ~ I(_ I l I --'--' __, 1; ~ ( 1/ 1/ ] I t l f --;:: -/ __) ---( l [ l ~ ( J --- l -j - I l c-I ] '--- I [ -C -j I ~/~_1/ I / ' L J ~ e---® === --'--,,---, -~ ----\'\_\ Columbia Street Dartmouth Street Hanover Street College Avenue Californ ia Av e nue Hanover Street Ramos Way (Private) Page Mill Ro ad Hansen Way Hanover Street Lambert Avenue Hansen Wa y El Camino Real Oxford Avenue Harvard Street California Avenue Wellesley Street Princeton Street Oberlin Street Cornell Street Cambridge Avenue Col leg e A ven u e Williams Street Yale Street Staunton Court Oxf ord Av e nue El Camino Real Park Boulevard Pa rk Av e nue a Avenue Sequoia Avenue Madrono Avenue tola Avenue Leland Avenue Stanford Avenue Birch Street Ash Street Grant Avenue Sheridan Avenue Jacaranda Lane El Camino Real Sherm an Avenue Ash Street Pag e Mi ll R oa d Mimosa Lane Portage Avenue Pep p e r A ven u e Olive A venue Acacia Avenue Ash Street Pag Ash Street College Avenue Cambridge Avenue New Mayfield Lane Birch Street California Avenue Sedro Lane Peral Lane Stanford Avenue Ol m sted Ro ad Page Mill Road Han ov er Street A b ra ms C our t Angell Court Ayrshire Farm Lane Ba r ne s C ou r t Comst ock Circl e B l a c kw e l d er Co u rt D u d l e y L a n e E sco n d id o R o a d Escondido Road Escondido Road Ho s kins C o u r t Hulm e Court J enkins C o u rt M c Fa rland Co urt Oberlin St C om s t o c k C i r c l e Olmsted Road Ol m s t ed Road Olmsted Road Olmsted Roa d Court e n C t Ros se Lan e Running F arm L ane Serra Street Thoburn Court W e lle s l e y S t Yale St Birch Street This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurface Type I abc Microsurface Type II 0'460' FY 1 9 / 2 0 P r e v e n t i v e M a i n t e n t a n c e P r o j e c t CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Altobleung, 2019-03-19 13:32:20 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment B I= I \ \ I " ~ 111111111111 I ------ L--===:--==------:::::: L---=-:.---~--7 c< [=----_l L===:====-=======, \ ~ l==---------------=J L===:====-========, I l--1 11 __ ... ® --- Ct D o n ald D riv e Encina Grande Drive Cereza Drive Los Rob le s Av enu e Villa Vera Verdosa Drive Campana Drive Solana Drive A v e Y nigo Way Driscoll Ct ng A r t hur'Maybell Way Ma ybell Avenue Frand on Ct Flora les Drive Geo rgia Aven ue Amaranta Avenue Amar anta C t Ki s Cou r t Terman Drive Baker Ave nue Vista Avenue Wisteria Ln Pena Ct Coulombe Drive Cherry Oaks Pl Pomon a Aven Aras trader o Roa d Abel Avenue Clemo Avenu e Vi lla Real El Camino Way Curtner Av enue Ventura Avenue Maclane Ventura Ct Park Boulevard Magnolia Dr South El Camino Real Cypress Lane Fair m ede Aven ue Arastra dero R oadIrven Court Los PalosPl Maybell Avenue Alta Mesa Ave Kelly Way Los Palos Avenue Suzanne Drive Suzanne Drive El Camino Real Suzanne Ct Lorabelle Ct McKellar Lane El Camino Way Ja mes Road Ma clane Second Street Wilkie Way Camino CtWest Meadow Drive Th ain Way Barclay Ct Victo r ia P lac e Interdale Wa y We st Charleston Road Ten nes see L ane Wilkie Way Carolina L ane Te nnessee Lane Park Boulevard Wilkie C t Davenport W ay Wilkie Way Dulu th Circle Edlee Avenue WRuthelma Avenue Darlington Ct Newberry Ct Park Boulevar George Hood Ln Ramos Way (Private) Pag e Mil l Road Hansen Way Hanover Street Laguna Ct Barron Avenue Josina Avenue Kendall Ave nue Tippawingo St Julie Ct Matadero Avenue Ilima Way Ilima Court Laguna Oaks Pl Carlitos Ct La Calle Laguna Avenue El Cerr i t Paradise Way Roble Ridge (Private) L a MataWay Chimalus Drive Matadero Avenue o Road Paul Avenue Kendall Avenue Whitsell Avenue Barron Ave nue Los Robles Avenue Laguna Way Sha u n a Lane La Para Avenue San Jude Avenue El Centro Street Timlott La Jennifer Way Magnolia Dr North La Donna Avenue LosRobles A ve n u e Rinc Manzana Lane on Circle Georgia Avenue H u b b a rtt Drive Willmar Drive Donald Drive La Para Avenue San Jude Avenue Magnolia Drive Military Way Arbol Drive Orme Street Fernando Avenue Matadero Avenue Lambert Avenue Hansen Way El Camino Real Margarita Avenue Matadero Avenue Wilton Avenue Page Mill Road Chestnut Avenue Portage Avenue Pepper Avenue Olive Avenue Acacia Avenue Park Boulevard Orinda Street Birch Street Ash Street Page Mill Road Ash Street Park Boulevard McGregor Way Driscoll Place Madeline Ct l R oa d Ce r rito Way Jacob's Ct CalTrain Lane 66 West Charleston Road Lane 66 La Selva Drive L a Cal le Matadero Ave Los Robles Avenue Timlott Ct Vista Villa Lane La Donna Avenue C ass W ay Page Mill Ro ad Chimalus Drive Hanover Street Deodar St Alder Ln Spruce Ln Rickey's Ln Juniper Way Ric k ey's W y Rickey's Wy Rickey's Wy Juniper Lane Cashel Noble SHettinger Ln Emma Court This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc abc Microsurface Type I Microsurface Type II 0'575' FY 1 9 / 2 0 P r e v e n t i v e M a i n t e n t a n c e P r o j e c t CITY O F PALO A L TO IN C O R P O RATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Altobleung, 2019-03-19 13:31:38 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment B \ --a --\ \ BASE BID ITEMS QTY UNITS 1 MICROSURFACING SEAL TYPE I (SATURDAY WORK)19,940 SY 4.50$ 89,730.00$ 3.26$ 65,004.40$ 3.15$ 62,811.00$ 2 MICROSURFACING SEAL TYPE II 142,171 SY 1.80$ 255,907.80$ 2.25$ 319,884.75$ 3.00$ 426,513.00$ 3 3" AC BASE REPAIR USING 3/4" MAX MEDIUM WITH 15% RAP 1,485 TONS 280.00$ 415,939.89$ 307.80$ 457,083.00$ 400.00$ 594,000.00$ 4 CRACK SEALING 167,677 LF 0.42$ 70,424.34$ 0.49$ 82,161.73$ 0.45$ 75,454.65$ 5 INERT RECYCLING SOLIDS 1,485 TONS 5.00$ 7,427.44$ 0.54$ 801.90$ 5.00$ 7,425.00$ 6 RESET VALVES (TBD BY ENGINEER) 15 EA 813.75$ 12,206.25$ 621.00$ 9,315.00$ 600.00$ 9,000.00$ 7 REMOVE AND REPLACE BLUE PAVEMENT MARKERS 89 EA 15.75$ 1,401.75$ 32.40$ 2,883.60$ 35.00$ 3,115.00$ 8 THERMOPLASTIC STRIPING, WHITE, 12" WIDE 6,225 LF 9.03$ 56,211.75$ 7.56$ 47,061.00$ 8.00$ 49,800.00$ 9 THERMOPLASTIC STRIPING, YELLOW, 12" WIDE 555 LF 9.03$ 5,011.65$ 7.56$ 4,195.80$ 8.00$ 4,440.00$ 10 THERMOPLASTIC STRIPING, WHITE, 6" WIDE 190 LF 4.20$ 798.00$ 3.89$ 739.10$ 5.00$ 950.00$ 11 THERMOPLASTIC STRIPING, YELLOW, 6" WIDE 155 LF 4.20$ 651.00$ 3.89$ 602.95$ 5.00$ 775.00$ 12 THERMOPLASTIC STRIPING, BLUE, 6" WIDE 65 LF 33.60$ 2,184.00$ 6.48$ 421.20$ 7.00$ 455.00$ 13 THERMOPLASTIC STRIPING, CALTRANS DETAIL 2 4,310 LF 3.36$ 14,481.60$ 1.51$ 6,508.10$ 1.60$ 6,896.00$ 14 THERMOPLASTIC STRIPING, CALTRANS DETAIL 9 3,530 LF 3.36$ 11,860.80$ 1.51$ 5,330.30$ 1.60$ 5,648.00$ 15 THERMOPLASTIC STRIPING, CALTRANS DETAIL 21 4,867 LF 6.51$ 31,684.17$ 2.59$ 12,605.53$ 3.00$ 14,601.00$ 16 THERMOPLASTIC STRIPING, CALTRANS DETAIL 22 2,580 LF 6.51$ 16,795.80$ 3.13$ 8,075.40$ 3.00$ 7,740.00$ 17 THERMOPLASTIC STRIPING, CALTRANS DETAIL 23 780 LF 6.30$ 4,914.00$ 3.24$ 2,527.20$ 3.50$ 2,730.00$ 18 THERMOPLASTIC STRIPING, CALTRANS DETAIL 25 250 LF 4.20$ 1,050.00$ 1.51$ 377.50$ 2.00$ 500.00$ 19 THERMOPLASTIC STRIPING, CALTRANS DETAIL 25A 750 LF 1.00$ 750.00$ 1.62$ 1,215.00$ 2.00$ 1,500.00$ 20 THERMOPLASTIC STRIPING, CALTRANS DETAIL 27B 250 LF 4.20$ 1,050.00$ 1.30$ 325.00$ 2.00$ 500.00$ 21 THERMOPLASTIC STRIPING, CALTRANS DETAIL 28 75 LF 4.20$ 315.00$ 2.59$ 194.25$ 3.00$ 225.00$ 22 THERMOPLASTIC STRIPING, CALTRANS DETAIL 29 50 LF 8.40$ 420.00$ 3.02$ 151.00$ 3.00$ 150.00$ 23 THERMOPLASTIC STRIPING, CALTRANS DETAIL 30 100 LF 6.30$ 630.00$ 3.24$ 324.00$ 4.00$ 400.00$ 24 THERMOPLASTIC STRIPING, CALTRANS DETAIL 36 60 LF 6.30$ 378.00$ 2.86$ 171.60$ 3.00$ 180.00$ 25 THERMOPLASTIC STRIPING, CALTRANS DETAIL 37B 110 LF 6.30$ 693.00$ 3.02$ 332.20$ 3.00$ 330.00$ 26 THERMOPLASTIC STRIPING, CALTRANS DETAIL 38 60 LF 6.30$ 378.00$ 2.86$ 171.60$ 3.00$ 180.00$ 27 THERMOPLASTIC STRIPING, CALTRANS DETAIL 38A 60 LF 6.30$ 378.00$ 2.59$ 155.40$ 3.00$ 180.00$ 28 THERMOPLASTIC STRIPING, CALTRANS DETAIL 39/39A 11,285 LF 3.57$ 40,287.45$ 1.94$ 21,892.90$ 2.00$ 22,570.00$ 29 THERMOPLASTIC STRIPING, CALTRANS DETAIL 40A 75 LF 5.25$ 393.75$ 1.73$ 129.75$ 2.00$ 150.00$ 30 THERMOPLASTIC STRIPING, CALTRANS DETAIL 41 60 LF 5.25$ 315.00$ 1.30$ 78.00$ 1.50$ 90.00$ 31 THERMOPLASTIC STRIPING, CALTRANS DETAIL 41A 75 LF 5.25$ 393.75$ 1.73$ 129.75$ 2.00$ 150.00$ 32 THERMOPLASTIC PAVING LEGENDS 379 EA 13.02$ 4,934.58$ 32.40$ 12,279.60$ 35.00$ 13,265.00$ 33 REMOVE AND REPLACE 12' WIDE SPEED BUMP W/ STRIPING 4 EA 5,985.00$ 23,940.00$ 5,184.00$ 20,736.00$ 16,000.00$ 64,000.00$ 34 BIKE SHARROW 2 EA 525.00$ 1,050.00$ 118.80$ 237.60$ 130.00$ 260.00$ 35 ALLOWANCE FOR MISC TRANSPORTATION IMPROVEMENTS 1 LS 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 36 TRAFFIC CONTROL 1 LS 148,000.00$ 148,000.00$ 357,741.89$ 357,741.89$ 250,000.00$ 250,000.00$ 37 TREE TRIMMING 100 CREW HRS 27,500.00$ 27,500.00$ 280.80$ 28,080.00$ 300.00$ 30,000.00$ 38 INERT RECYCLING SOLIDS WITH FABRIC 1485 TONS 7.00$ 10,398.42$ 5.40$ 8,019.00$ 10.00$ 14,850.00$ 39 MICROSURFACING TYPE II (SAUTRDAY WORK) 14302 SY 4.50$ 64,359.00$ 3.50$ 50,057.00$ 3.40$ 48,626.80$ ADD ALTERNATE #1 QTY UNITS 1 VOLCANIC IN ORIGIN BLACK ROCK AGGREGATE 176,413 SY 0.01$ 1,764.13$ ‐$ ‐$ 0.20$ 35,282.60$ PERCENT OVER ENGINEER'S ESTIMATE 15% 32% ATTACHMENT C FY 19/20 STREETS PREVENTIVE MAINTENANCE PROJECT BID SUMMARY O'GRADY PAVING, INC. 1,735,460.45$ O'GRADY PAVING, INC. 1,770,743.05$ 1,543,000.00$ VSS INTERNATIONAL, INC. VSS INTERNATIONAL, INC. 1,543,000.00$ ENGINEER'S ESTIMATE BASE BID TOTAL ENGINEER'S ESTIMATE CONTRACT TOTAL AMOUNT (BASIS OF AWARD) 1,342,008.32$ 1,343,772.45$ Attachment C City of Palo Alto (ID # 10362) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/12/2019 City of Palo Alto Page 1 Council Priority: Climate/Sustainability and Climate Action Plan Summary Title: Utilities Department Energy and Water Platform Contracts Title: Approval and Authorization for the City Manager or his Designee to Execute the Following Energy and Water Platform Contracts in a Combined Not-to-Exceed Amount of $2,602,763 Over a Five-year Term: A) WaterSmart Software, Inc., Number C19174648 in an Amount Not-to-Exceed $537,763; and B) Simple Energy, Inc., Number C20174646 in an Amount Not-to-Exceed of $1,925,000 From: City Manager Lead Department: Utilities Recommended Staff recommends that Council approve and authorize the City Manager, or his designee, to execute the attached two third-party energy efficiency (EE) and water efficiency platform contracts for up to five-year contract terms through August 12, 2024. The total not to exceed amount for both contracts is $2,602,763 over the five-year term. Contract 1: Energy Action Platform Contract with Simple Energy, Inc. Contract C20174646 (Energy Action Platform) with a total not-to-exceed compensation amount of $2,065,000 and Maximum Term of Five Years Contract 2: Water Action Platform Contract with WaterSmart Software, Inc. Contract C19174648 (Water Action Program) with a total not-to-exceed compensation amount of $537,763 and Maximum Term of Five Years Executive Summary Council has adopted a number of policies which support increased goals for energy and water efficiency efforts as well as sustainability goals for Palo Alto. Attaining these goals require programs to encourage energy and water savings, and customer engagement. Utilities City of Palo Alto Page 2 participated in the City’s competitive solicitation process for energy and water efficiency program providers. The Request For Proposals (RFP) was published in July 2018 and was open for 34 days. Seven vendors submitted proposals for two tasks in the RFP: the Marketplace and the energy and water action platforms. An evaluation committee reviewed all proposals and interviewed the top three bidders for each task. Simple Energy, Inc. (Simple Energy) and WaterSmart Software, Inc. (WaterSmart) were selected as finalists. The City then entered contract negotiations where mutually agreeable terms were concluded. Staff recommends approval of two contracts to ensure energy and water efficiency related services continue to remain available to residential and commercial customers. Simple Energy will provide customers with online efficiency and gas and electric usage comparison tools, as well as an online marketplace and an energy challenge platform. WaterSmart provides an online platform for water consumption information, comparisons and conservation opportunities. This platform also features leak detection messaging, drought programs, and a utility analytics dashboard. By supplying customers with an Energy/Water use comparison customers can see how they compare to their neighbors and others who are more efficient. The reports will also provide customers with savings tips based on usage. Studies show that customers save approximately 2% per year on their usage when provided with reminders and tips. These programs will be funded through the electric and natural gas public benefits (PB) funds and water demand side management funds. Funding for electric efficiency programs come primarily from the mandated PB Charge, which is set at 2.85% of the customer retail rate or approximately $3.3 million annually. The majority of the PB funding is spent on efficiency programs; however, some funding may be allocated towards renewable energy projects, research and development projects and low-income efficiency programs. Gas efficiency programs are primarily funded from the gas utility’s revenue, at about 1% of the gas retail revenue or approximately $300,000 annually as approved by Council. Summary of proposed contract terms Company and Contract Number End of Term (Total Term) Not-to Exceed Budget over contract term Contract 1: Energy Action Platform Simple Energy, Inc. C20174646 $2,065,000 Contract 2: Water Action Platform WaterSmart Software, Inc. C20174648 8/12/2024 (5-Years) $537,763 Background City of Palo Alto Page 3 Council adopted a number of policies which support funding programs that maximize the deployment of cost-effective, reliable and feasible EE within the City of Palo Alto (“City”). The City Council last updated the City’s ten-year electric (Staff Report ID # 7718) and gas (Staff Report ID # 7862) efficiency goals in 2017 for the period between 2018 and 2027. The cumulative savings targets based on these goals are 54,900 MWh or 5.7% of the City’s projected electric usage and 1.5 million therms or 5.1% of the City’s projected gas usage. In order to achieve these aggressive EE goals, the City Rhas contracted with third-party EE service providers since 2006 to expand the suite of EE programs for its customers. During FY 2017, third-party EE service providers delivered close to 82% of electric savings and over 97% of gas savings; the remaining savings are achieved through City of Palo Alto staff-administered programs. The contract terms with third-party EE service providers are typically three years. Council also adopted the Sustainability and Climate Action Plan (S/CAP) (Staff Report ID # 7304) in November 2016. This framework serves as a roadmap for achieving Palo Alto’s 80% by 2030 greenhouse gas reduction goal and for developing the Sustainability Implementation Plan (SIP) (Staff Report ID # 8487). Both contracts are in line to help the City towards achieving its goals set forth in the SIP that includes all the goals from the S/CAP Framework, in four key areas of activity: Energy, Mobility, Electric Vehicles, and Water for 2017 to 2020. Discussion The City relies on partnerships with third party contractors to deliver energy efficiency programs. Such targeted third-party programs have played an important role in meeting mandated state and local energy efficiency goals and objectives. They are also popular with customers, since they often provide turn-key service and require minimal effort to participate. As technologies continue to emerge and more data becomes available, customers are expecting more personalized and cohesive energy and water efficiency programs. These new contracts will allow energy and water savings to continue to accrue without interruption to customers and continue efforts by the City to meet its aggressive energy and water efficiency savings and sustainability goals. In 2015, during the last year that CPAU ran the home energy and water reports programs, 27,000,000 gallons of water, 1,600,000 kWh of electricity, and 146,000 therms of natural gas were saved. All of these savings were attributed directly to these two programs. Staff anticipates similar savings with these two new contracts moving forward. Contract 1: Energy Action Platform Simple Energy, Inc. Contract C20174646 DISCUSSION The energy action contract with Simple Energy, Inc. provides CPAU customers with online efficiency and gas and electric usage comparison tools, as well as an online marketplace and an energy challenge platform. In implementing this program, staff has incorporated several City of Palo Alto Page 4 industry best practices and has built-in flexibility for future program enhancements. These programs are highly effective at encouraging customers to reduce energy consumption through education and awareness of load reduction programs, measures, and actions. These efforts will assist the City in attaining the energy savings goals outlined in the S/CAP. City of Palo Alto Page 5 Compensation Program Category Year 1 Year 2 Year 3 Year 4 Year 5 Energy Insight Implementation, Program and Data Management Fees $25,000 $25,000 $25,000 $25,000 $25,000 Energy Insight License Fee $140,000 $140,000 $140,000 $140,000 $140,000 Energy Education and Marketing Mailers $28,000 $28,000 $28,000 $28,000 $28,000 Marketplace Implementation and Data Management Fee $25,000 $25,000 $25,000 $25,000 $25,000 Marketplace License Fee $75,000 $75,000 $75,000 $75,000 $75,000 Rebate Funding Marketplace Pass Through Rebate Funds $100,000 $100,000 $100,000 $100,000 $100,000 $393,000 $393,000 $393,000 $393,000 $393,000 $1,965,000 $100,000 $2,065,000 Additional Services Total Energy Insights Portal and Reports Marketplace Annual Sub-Total Sub-Total City of Palo Alto Page 6 Best Practices Implemented Staff has designed its new program to take advantage of lessons learned through its previous program and the best practices identified by other utilities and researchers in the industry for maximizing customer satisfaction and program effectiveness. Single Sign-on for Online Content: The new Home Energy and Water Reports, marketplace, and energy challenge modules will be integrated into the new My Utilities Account (MUA) online portal under a single sign-on, meaning one username and password gives access to all online services at once. CPAU is a unique utility in that it provides gas, electricity and water. It has been difficult to find qualified vendors to provide a single platform for all three commodities that can be delivered cost-effectively and in a manner that will enable CPAU to report savings to the California Energy Commission (CEC). Due to these challenges, in the past, customers have had to use as many as four separate online portals: one for bill pay, one for their gas and electric comparisons, another for their water comparison, and, for customers in the Customer Connect pilot, a fourth portal for their smart meter data. This has understandably been a barrier to participation. Energy Usage and Comparison Reports Module Transparent Comparison Algorithm: The new platform for Home Energy Reports will have the ability to customize comparison modules and messaging to more accurately compare cohorts, for example, by adjusting for the number of people in the household. The platform is able to more clearly communicate that improved comparison to customers (with a clear statement on the report about the assumptions used for each household). It will also allow customers to adjust those parameters through an online portal. All customer data is kept completely confidential in the program platform. “Neighbors” in the neighborhood comparisons are anonymous accounts with similar demographics. Proper Accounting for EVs and Electrification: The new platform will be able to properly account for the higher electric usage of customers who have EVs or have adopted other electrification measures. These customers will have their comparison basis adjusted to account for their increased electric usage. Customers who take actions that reduce carbon but increase electric usage should receive reports that consider their higher electric usage when determining how efficient their energy use is. Comparison Option for PV Customers The new platform will allow PV customers to do an annual comparison to their previous year’s usage. In the previous program, customers with PV were unable to access Home Energy Reports at all. This caused frustration as they generally tended to be the green early adopters who wanted to be in the program and did not want to be left out. City of Palo Alto Page 7 Additional Functionality for Long-term Program Flexibility Staff plans to work with a vendor with a platform capable of enabling the program to improve over time. Below is some functionality that may not be used immediately, but will be available to staff for future program enhancements: Interval Data Capability: The new platform is capable of incorporating hourly interval data. This functionality was included in anticipation of the Advanced Metering Infrastructure (“AMI”) system as described in the Utilities Smart Grid Assessment and Utilities Technology Implementation Plan. Interval data will allow real-time water leak reporting and more granular energy consumption analysis, and may enable other enhancements for the Home Energy and Water Reports. Energy Challenge Module: The industry is in the process of exploring “gamification” to improve customer engagement with energy efficiency. Gamification is the inclusion in a non-game context of features normally seen in games, such as competition between players or rewards such as badges, progress meters, or prizes. The new platform is capable of hosting energy challenges that would incentivize customers to reduce energy use, using game-like features such as prizes or other rewards. This will allow CPAU to run programs that are cost-effective, positive, and voluntary, and could encourage customers to reduce commodity use through methods other than neighborhood comparisons. Online Marketplace Module: Simple Energy hosts and administers an online marketplace that provides point-of-sale rebates and discounts to utility customers on a curated assortment of energy or water related products. This e-commerce site assists users in selecting upgraded efficiency products such as programmable thermostats and high efficiency water heaters. Staff is referring to its integration of the traditional customer portal with the Home Energy and Water Reports and an Online Marketplace as its “Efficiency Action Platform.” The synergy between these different services has been used at other utilities to increase customer engagement and participation in utility programs. For example, when the Home Energy or Water Report informs customers of their energy use, they will also provide a direct pathway to the Online Marketplace, where customers can sign-up for programs and educational workshops, as well as purchase energy and water saving products or smart-home devices (with instant rebates if applicable) to help decrease energy consumption and/or decrease carbon footprint. This Online Marketplace also has the potential to offer services such as contractor matching, financing options, best-practice tips for installing and operating home equipment, and other functionalities. This will make it easier for customers to engage with the Utilities and complete home energy improvement projects. City of Palo Alto Page 8 Contract 2: Water Action programs WaterSmart Software, Inc. Contract C20174648 DISCUSSION Similar to the Home Energy Report portion of the contract above, WaterSmart Software, Inc. (WaterSmart) provides an online platform for water consumption information, comparisons and conservation opportunities. This platform also features leak detection messaging, draught programs, a utility analytics dashboard, and will be accessed through a single sign-on. Compensation Component Q1 Q2 Q3 Q4 Totals Year 1 Customization $ 20,000 Integration $ 5,500 Initialization $ 20,000 Welcome Letters $ 16,875 Training $ 1,500 Reports $ 12,500 $ 12,500 $ 12,500 License** $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 138,875 Year 2 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Year 3 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Year 4 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Year 5 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 City of Palo Alto Page 9 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Sub-Total $ 488,875 Additional Services $ 48,888 Total $ 537,763 Best Practices Implemented Water Usage and Comparison Reports Module Water Reports are personalized, informative, carefully designed reports that help Utility customers better understand their water use and the cost and effort it takes the Utility to deliver high quality and reliable water services. Water Reports can be sent via mail or email to any account type, and may be targeted to certain accounts, sent to randomly selected accounts as part of a randomized control trial, or sent to all a Utility’s customers. Every Water Report is customized by WaterSmart’s content personalization to tailor messages and recommendations specifically to each end-user. Measurement and Verification WaterSmart reports changes in consumption for the Recipient Group versus a randomized control group selected from Utility’s entire population of residential households. After three Water Reports have been sent, WaterSmart will prepare an efficiency study that details the change in water usage for the Recipient Group versus control group and load those results into the Utility Analytics Dashboard. This evaluation is performed with a Fixed-Effects regression model using the consumption data for each household in the Recipient and control groups. The efficiency study report includes percentage savings, GPD (Gallons per Day) savings, and Acre Foot savings at the program level for all months after the first Water Reports were sent. Utility Analytics Dashboard The Utility Analytics Dashboard provides analytical insights regarding customer consumption (use by account type, high users, etc.), outbound and inbound communications (outgoing leak or other alerts, incoming emails, etc.), and use of the Customer Portal (visit frequency, device access, most visited pages, etc.) The Dashboard also identifies and notifies Utility staff about suspected leaks in both AMI and non-AMI environments, and allows Utility staff to monitor compliance requirements. The Dashboard delivers information on all customer classes whose data are provided to WaterSmart and integrates external data sources like property records and maps. The Utility Analytics Dashboard is available to all Utility staff, each with their own unique login. City of Palo Alto Page 10 Customer Alerts WaterSmart provides alerts to customers to notify of potential high volume or continuous use, to notify a customer that they have reached a self-selected consumption threshold, or to inform customers before the end of the billing cycle that they are likely to have high water use on their upcoming bill. Threshold notifications and leak alerts are further enabled by AMI, though they are also available for non-AMI customers. Alerts can be sent through multiple channels -- email, SMS text message, or automated voice call. Leak alerts are currently targeted at single-family residential accounts and irrigation-only accounts. The leak resolution workflow helps customers identify the source of their leak and resolve the leak on their own. RESOURCE IMPACT Funding for the first year of the Simple Energy contract was approved in the Electric ($216,150) and Natural Gas ($176,850) FY 2020 operating budgets. Funding for the first year including implementation cost ($138,875) of the WaterSmart contract is available in the FY 2020 Water operating budget. Funding for following years will be evaluated during the annual budget process. The energy components of both contracts are cost effective given the achievable kWh and therm savings from each program. Historically, these have been the most cost-effective programs in CPAU’s efficiency portfolio. The Santa Clara Valley Water (Valley Water) cost shares with member agencies on water conservation programs, and will specifically cost share on WaterSmart agreements. Effective July 1, 2019, Valley Water will rebate 50 percent of the cost of the Water Use Reports, up to $4.50 per connection per year. This could reduce the net water program cost for CPAU by approximately 50%. POLICY IMPLICATIONS The proposed contracts support the Council-approved Gas Utility Long-term Plan, the Ten-year EE Portfolio Plan, the Long-term Electric Acquisition Plan, the Utilities Strategic Plan, and Comprehensive Plan Goal N-9. Implementation of EE programs also support greenhouse gas reduction goals identified in Palo Alto’s Climate Protection Plan and in the California Global Warming Solutions Act of 2006 (AB 32). ENVIRONMENTAL REVIEW Approval of the two third-party agreements proposed in this staff report does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment. Attachments: • Attachment A: WaterSmart Software, Inc. C19174648 • Attachment B: Simple Energy, Inc. C20174646 Professional Services Rev. April 27, 2018 1 CITY OF PALO ALTO CONTRACT NO. C19174648 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND WATERSMART SOFTWARE, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 12th day of August, 2019, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and WaterSmart Software, Inc., a Delaware Public Benefit Corporation, located at 20 California Street, Suite 200, San Francisco, CA ("CONSULTANT" or “WATERSMART”). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY desires to provide an online water efficiency platform to its utility customers (“Project”), and desires to engage a consultant to provide hosted software services, program administration, and support in connection with the Project (“Services”). B. CONSULTANT has created a hosted software as a service (SaaS) application for utility customer engagement and data analytics, and CONSULTANT represents that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision (This provision only applies if checked and only applies to on- call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A- 1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 2 performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through, August 12, 2024 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. COMPENSATION. 4.1. 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 Four Hundred Eighty-Eight Thousand Eight Hundred Seventy- Five Dollars ($488,875). CONSULTANT agrees to complete all Basic Services within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, and Additional Services shall not exceed Five Hundred Thirty-Seven Thousand Seven Hundred Sixty-Three Dollars ($537,763). The applicable rates and schedule of payment are set out at Exhibit “C”, entitled “COMPENSATION,” 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. 4.2. Program Implementation and Delivery Services. CONSULTANT shall be compensated on a quarterly basis for Components completed within the quarter, as set forth in Exhibit C. 4.3. License. Quarterly payment for the license shall not become due until the Customer Portal platform is available for use by CITY utility customers (the Launch Effective Date). The first License payment shall be due upon the Launch Effective Date, and on a quarterly basis thereafter, as set forth in Exhibit C. 4.4 Additional Services. 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”. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 3 SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit quarterly invoices to the CITY describing the services performed and the applicable charges set forth in Exhibit “C”. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. 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; CONFIDENTIALTY REQUIREMENTS. 7.1. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 7.2. CONSULTANT understands and agrees that the performance of the Services under this Agreement may involve access to CITY data which is confidential information. CONSULTANT and any subcontractors or agents shall use confidential information only in accordance with all applicable local, state and federal laws restricting the access, use, and disclosure of confidential information and only as necessary in the performance of this Agreement. CONSULTANT shall not use confidential information for direct marketing purposes without CITY’s express written consent. CONSULTANT's failure to comply with any such requirements shall be deemed a material breach for which CITY may terminate the Agreement, in addition to any other remedies it may have at law and equity. CONSULTANT agrees to include all of the terms and conditions regarding confidential information contained in this Agreement in all subcontractor or agency contracts providing services under this Agreement. CONSULTANT shall comply with CITY’s “SOFTWARE as a SERVICE TERMS AND CONDITIONS”, as set forth in Exhibit “E”, attached to and made a part of this Agreement, and with CITY’s “Information Privacy Policy,” as set forth in Exhibit “G”, attached to and made a part of this Agreement. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 4 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, which shall not be unreasonably withheld. 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 Ora Chaiken as the Program Manager to have supervisory responsibility for the performance, progress, and execution of the Services and Katie Grote as the project coordinator to represent DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 5 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 Lacey Lutes, Utilities Department, Resource Management Division, 250 Hamilton Ave, Palo Alto, CA 94303, Telephone: 650.329.2241. 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. GRANT OF ACCESS; TITLE; OWNERSHIP OF MATERIALS. 14.1. Grant of Access. Subject to the terms and conditions of this Agreement, CONSULTANT grants CITY a renewable, irrevocable, nonexclusive, royalty-free, perpetual, and worldwide right to access, display, execute, and use the Services, including any Software provided as part of the Services, during the term of this Agreement and any renewals thereof, if any. 14.2. Click-Wrap Disclaimer. No "click to accept" agreement that may be required for any authorized users access to the Software and Software Services and no "terms of use" or "privacy policy" referenced therein or conditioned for use of the Software and Software Services shall apply. Only the provisions of this Agreement as amended from time from time shall apply to authorized users for access thereto and use thereof. The Parties acknowledge that each authorized user may be required to click "Accept" as a condition of access to the Software and Software Services through the CITY's Website, but the provisions of such "click to accept" agreement and other terms (including Terms of Use and Privacy Policy) referenced therein shall be null and void for each such authorized user. 14.3. Software Title. CITY acknowledges that title to any Software shall at all times remain with CONSULTANT, and that CITY has no rights in the Software except those expressly granted by this Agreement. CITY agrees not to remove or destroy any proprietary markings or proprietary legends placed upon or contained within any Software or any related materials or Documentation by CONSULTANT. 14.4. 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 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 6 contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time and with reasonable prior notice, 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. [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. 16.4. Infringement Indemnity. If notified promptly in writing of any judicial action brought against CITY based on an allegation that CITY's use of the Software and Services infringes a patent, copyright, or any right of a third party, or constitutes misuse or misappropriation of a trade secret, or any other right in intellectual property (collectively, “Infringement”), CONSULTANT will hold CITY harmless and defend such action at its own expense. CONSULTANT will pay the costs and damages awarded in any such action or the cost DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 7 of settling such action, provided that CONSULTANT shall have sole control of the defense of any such action and all negotiations or its settlement or compromise. If notified promptly in writing of any informal claim (other than a judicial action) brought against CITY based on an allegation that CITY's use of the Software and/or Services constitutes Infringement, CONSULTANT will pay the costs associated with resolving such claim and will pay the settlement amount (if any), provided that CONSULTANT shall have sole control of the resolution of any such claim and all negotiations for its settlement. In the event a final injunction is obtained against CITY's use of the Software and Services by reason of Infringement, or in CONSULTANT's opinion CITY's use of the Software and Services is likely to become the subject of Infringement, CONSULTANT may at its option and expense: (a) procure for CITY the right to continue to use the Software and Services as contemplated hereunder, (b) replace the Software and Services with a non-infringing, functionally equivalent substitute Software and Services, or (c) suitably modify the Software and Services to make its use hereunder non- infringing while retaining functional equivalency to the unmodified version of the Software and Services. If none of these options is reasonably available to CONSULTANT, then the applicable or relevant part of Application or Services under this Agreement may be terminated at the option of either Party hereto, and CONSULTANT shall refund to CITY all amounts paid under this Agreement for the license or use of such infringing Software and/or Services. Any unauthorized modification or attempted modification of the Software and Services by CITY or any failure by CITY to implement any improvements or updates to the Software and Services, as supplied by CONSULTANT, shall void this indemnity unless CITY has obtained prior written authorization from CONSULTANT permitting such modification, attempted modification or failure to implement. CONSULTANT shall have no liability for any claim of Infringement based on CITY's use or combination of the Software and Services with products or data of the type for which the Software and Services was neither designed nor intended to be used. SECTION 16.A. LIMITATION OF LIABILITY. 16.A.1. LIMITATION OF LIABILITY OF CONSULTANT. Notwithstanding any other provision of this Agreement, in no event shall CONSULTANT be liable to CITY, regardless of whether any claim is based on contract or tort, for special, consequential, indirect or incidental damages or for any loss of profit or loss of business by CITY, even if CONSULTANT has been advised of the possibility of any such potential claim, loss or damage. Except as provided in the immediately following sentence, in no event shall the total aggregate liability under this Agreement of CONSULTANT to CITY exceed the dollar amount provided for in Section 4 (“COMPENSATION”) of this Agreement. CONSULTANT's liability limit set forth herein shall not apply to (1) damages caused by CONSULTANT's gross negligence or willful misconduct, (2) CONSULTANT's obligations to indemnify and defend CITY pursuant to Section 16 (“INDEMNITY”) of this Agreement, (3) limit claims or general damages that fall within the insurance coverage of this Agreement, (4) statutory damages, and (5) wrongful death caused by CONSULTANT. 16.A.2. LIMITATION OF LIABILITY OF CITY. CITY’s payment obligations under this Agreement shall be limited to the payment of the compensation provided for in Section 4 (“COMPENSATION”) of this Agreement. Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 8 limited to, lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s 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. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 9 SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. Termination for Cause and/or Convenience. CITY shall have the right, without further obligation or liability to CONSULTANT: l. To immediately terminate this Agreement if CONSULTANT commits any breach of this Agreement and fails to remedy such breach within thirty (30) days after written notice by CITY of such breach (30-day cure period), in which event, CONSULTANT shall refund to CITY all amounts paid under this Agreement for the use or license of Software and/or Services in the same manner as if CITY ceased to use the Software due to infringement under Section 16.4. At CITY's sole election, the 30-day cure period shall not apply to termination for data breach and/or breach of confidentiality; or 2. To terminate this Agreement upon thirty (30) days prior written notice for CITY's convenience and without cause, provided that except for termination due to an uncured breach as set forth in this Section and in the event of Infringement, CITY shall not be entitled to a refund of any amounts previously incurred or paid under this Agreement. 19.2. Transition Services and Disposition of Content. Upon expiration or termination of the Services under this Agreement: 1. Upon the effective date of termination, and after any transition period, CONSULTANT may discontinue the Services and CITY shall cease accessing the Software and Services. CONSULTANT shall within five (5) calendar days of the expiration or termination of the Services return CITY Data in an agreed-upon machine readable format. This provision shall also apply to all CITY Data that is in the possession of subcontractors, agents or auditors of CONSULTANT. Such data transfer shall be done at no cost to the CITY. Once CONSULTANT has received written confirmation from CITY that CITY's Data has been successfully transferred to CITY, CONSULTANT shall within thirty (30) calendar days purge or physically destroy all CITY Data from its hosted servers or files and provide CITY with written certification within five (5) calendar days that such purge and/or physical destruction has occurred. Secure disposal shall be accomplished by "purging" or "physical destruction,” in accordance with National Institute of Standards and Technology (NIST) Special Publication 800-88 or most current industry standard. 2. CONSULTANT shall provide to CITY and/or Successor Service Provider assistance requested by CITY to effect the orderly transition of the Services, in whole or in part, to CITY or to Successor Service Provider. During the transition period, Services and CITY Data access shall continue to be made available to CITY without alteration. Such Transition Services shall be provided on a time and materials basis if the CITY opts to return to its own servers or CITY chooses a Successor Service Provider. Transition costs may include: (a) developing a plan for the orderly transition of the terminated Services from CONSULTANT to Successor Service Provider; (b) if required, transferring the CITY Data to Successor Service Provider; (c) using commercially reasonable efforts to assist CITY in acquiring any necessary rights to legally and physically access and use any DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 10 third-party technologies and documentation then being used by CONSULTANT in connection with the Services; (d) using commercially reasonable efforts to make available to CITY, pursuant to mutually agreeable terms and conditions, any third-party services then being used by CONSULTANT in connection with the Services; and, (e) such other activities upon which the Parties may agree. Notwithstanding the foregoing, should CITY terminate this Agreement due to CONSULTANT's material breach, CITY may elect to use the Software and Services for a period of no greater than six (6) months from the date of termination at a reduced rate of twenty (20%) percent off the then- current charges for the terminated Services. All applicable terms and conditions of this Agreement shall apply to the Transition Services. This Section shall survive the termination of this Agreement. 19.3. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.4. Upon such suspension or termination, CONSULTANT shall comply with the provisions of Section 19.2, above. 19.5. 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., 30 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. 19.6. Survival. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 18.4,19, 20, and 25. 19.7. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project manager at the address of CONSULTANT recited above DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 11 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: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 12 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 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 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 13 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. SUPPLEMENTAL TERMS RELATED TO EXTENDED MESSAGING SERVICES. If CITY elects to utilize WATERSMART’s leak alert or group messenger services, certain supplemental legal terms shall apply. These supplemental terms (“Extended Messaging Terms”) are set forth below and shall prevail in the event of any conflict or inconsistency. For avoidance of doubt, the Extended Messaging Terms apply to all WATERSMART services involving automated phone calls (conventional and mobile), pre-recorded messages, text messages, and other such bulk communications (including emails outside of WATERSMART’s core customer engagement offerings) (collectively, “Extended Messaging Services”). 27.1 CITY shall be solely responsible for the content of any messages or communications to end customers which CITY initiates or authorizes in connection with the Extended Messaging Services, as well as CITY’s selection of any vehicle (i.e.., conventional phone, mobile phone, text, email) for such messages or communications. WATERSMART shall have no responsibility or liability of any kind with respect to messages or communications initiated or authorized by CITY or its representatives. In furtherance of the foregoing, CITY shall hold harmless, defend and indemnify WATERSMART and its officers, directors, employees, contractors, representatives and volunteers from and against all claims, damages, losses and expenses including without limitation any statutory damages, penalties, and attorney’s fees, arising out of or relating to the Extended Messaging Services or any breach by CITY of the Agreement including without limitation these Extended Messaging Terms, except in the event of WATERSMART’s gross negligence or willful misconduct. For avoidance of doubt, if the Agreement has other indemnity provisions in favor of CITY such provisions shall not apply to the Extended Messaging Services, except in the event of WATERSMART’s gross negligence or willful misconduct. 27.2 If CITY elects to make available to its end customers Extended Messaging Services offered by WATERSMART to alert end users of potential leaks or high water usage, the pertinent end users and CITY assume all risks associated with such alerts, and no indemnity provisions in favor of CITY shall apply to such risks (including without limitation any liability claims for failure to alert or inaccurate alerts), except in the event of WATERSMART’s gross negligence or willful misconduct. 27.3 With respect to Extended Messaging Services, WATERSMART’s role is limited to delivering via its technology platform CITY’s communications through vehicles selected by CITY; accordingly, compliance with applicable laws (which may vary by state and locale) is strictly CITY’s responsibility with respect to Extended Messaging Services notwithstanding any provision to the contrary. 27.4 CITY is encouraged to consult legal counsel of its own with respect to this Agreement and in reference to Federal Communications Commission Declaratory Ruling FCC DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 14 16-88 (released August 4, 2016), any Extended Messaging Services, and compliance with applicable federal, state and local laws, regulations and regulatory rulings, and ordinances. CITY shall not rely on WATERSMART or WATERSMART’s representatives for legal advice or guidance concerning the content or appropriate vehicles (ie., conventional phone, mobile phone, text, email) for communications with Utility end customers. 27.5 In order to provide the Extended Messaging Services at efficient cost and with optimal levels of security and reliability, WATERSMART may utilize one or more third party communications technology and communications services providers. Since such providers are utilized across WATERSMART’s pertinent customer base and are not specific to CITY and service choices by CITY under the Agreement, CITY acknowledges that such utilization is not considered subcontracting of WATERSMART’s services under the Agreement. SECTION 28. MISCELLANEOUS PROVISIONS. 28.1. This Agreement will be governed by the laws of the State of California. 28.2. 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. 28.3. 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. 28.4. 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. 28.5. 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. 28.6. 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. 28.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 28.8 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 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 15 of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 28.9 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. 28.10 All unchecked boxes do not apply to this Agreement. 28.11 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. 28.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 16 CONTRACT No. C19174648 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 APPROVED AS TO FORM: City Attorney or designee WATERSMART SOFTWARE, INC Officer 1 By: Name: Kevin Kern Title: CEO Officer 2 (Required for Corp. or LLC) By: Name: Chad Haynes Title: Secretary Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E”: SOFTWARE AS A SERVICE TERMS & CONDITIONS EXHIBIT “F”: INFORMATION PRIVACY POLICY EXHIBIT “G”: VENDOR INFORMATION SECURITY ASSESSMENT DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 17 EXHIBIT “A” SCOPE OF SERVICES A. PROGRAM OVERVIEW Name Water Efficiency Program and Platform Brief Program Description WaterSmart Software (“CONSULTANT”) is a customer engagement and analytics platform. The City of Palo Alto (“CITY”) has contracted with CONSULTANT to implement a customer engagement program to achieve water efficiency for CITY customers. The program is comprised of the following elements: Software Service o CITY Analytics Dashboard: Analytics, customer support tools and Program performance data for CITY staff o Customer Portal: Online engagement, efficiency tips, and water consumption and cost profiles for all CITY customers Residential Home Water Efficiency Program o Customer Letters: Customized communications mailed or emailed to each participant o Efficiency Study: Treatment and control group will be maintained throughout the duration of the program and will be studied to determine program water savings B. PROGRAM IMPLEMENTATION AND DELIVERY The following outlines the Program design and implementation plan applicable to CONSULTANT including but not limited to: Task 1- SOFTWARE SERVICE Task 1.1 Data Transfer and CITY Obligations: CONSULTANT will conduct data call with CITY IT resources to determine data transfer protocol, content and frequency. CONSULTANT will provide the secure file transfer protocol (SFTP) site for data exchange CITY will make IT resources available to securely transfer a dataset on accounts, including but not limited to account information, consumption history, ongoing feeds of current consumption, and AMI Interval Information when available. CITY will provide data in CSV (,), tab-delimited (\t), or pipe-delimited (|) format. When applicable after CITY’s AMI expansion, CONSULTANT will initiate and automate data DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 18 transfer between Meter Data Management System (MDM) and CONSULTANT, validate AMI data set, display AMI data in Customer Portal and Analytics Dashboard and Customize AMI leak settings and Initiate leak alerts based on AMI data, as desired by CITY. Task 1.2 Customer Portal CONSULTANT will work with CITY to configure the Customer Portal with CITY logo and contact information. CITY will approve or exclude any recommendations shown in the Customer Portal and provide CONSULTANT with information on available rebates and incentives and program participation data. CITY will provide consolidated feedback and final approvals to CONSULTANT CONSULTANT will provide customized water charges graph to include customer fixed costs as well as volumetric costs. Cost graph will show appropriate legend labels. If CITY implements drought surcharges, cost graph will display associated costs and labels. CITY will provide updated rates and consumption data to CONSULTANT to enable cost calculations. Task 1.3 Analytics Dashboard CONSULTANT will maintain a dashboard accessible to CITY employees and assigned customer service representatives which includes EM&V information outlined in Task 2.4, program performance data, and customer support tools o Consumption, portal and messaging engagement, leak alerts, customer portal view Live Chat allows CITY staff to ask questions and receive a response within the hour. Available 7 a.m. to 6 p.m. Pacific Monday thru Friday, excluding federal holidays. The CONSULTANT Support Site, which is accessible by all CITY staff, includes responses to Frequently Asked Questions as well as common troubleshooting topics, how-to videos and other customer support oriented content. Dashboard will be available to CITY staff at all times during the duration of this contract Task 1.4 Training CONSULTANT will provide CITY staff with on-site and webinar training and resources to understand the features and functionality of the Customer Portal and Analytics Dashboard. Task 1.5 Maintenance of Web Applications CONSULTANT will maintain commercially reasonable systems and controls designed to maximize monthly uptime and minimize unscheduled outages of the Customer Portal and CITY Analytics Dashboard. Excluding any down time for maintenance and/or upgrades, CONSULTANT makes strong efforts to provide Customers and CITY with access to their respective Web applications on a continuous basis. CONSULTANT will provide advance notification of any planned outages and notifies CITY without unreasonable delay if it detects or receives notice of any material problems relating to the Customer Portal and/or the CITY Analytics Dashboard. CONSULTANT’s Web Applications include dynamic and interactive charts and tables that may not be compatible with older Internet browsers. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 19 o The Internet browser and operating system requirements are: Windows XP: Chrome 38+, Firefox 32+ Windows 7, 8, 8.1, 10: IE 11+, Chrome 38+, Firefox 32+ Mac: Chrome 38+, Firefox 32+, Safari 10+ CONSULTANT’s system requirements are subject to change in the future. TASK 2 – HOME WATER REPORTS Water Reports are personalized, informative, carefully designed reports that help CITY customers better understand their water use and the cost and effort it takes the CITY to deliver high quality and reliable water services. Task 2.1 Configuration of Water Reports CONSULTANT’s Water Reports will contain several configurable fields. CONSULTANT will work with the CITY to configure the Water Report with CITY logo and contact information. CONSULTANT will provide messages and recommendations for CITY to review and approve for display on a targeted basis. CITY has the opportunity to approve or exclude any messages and recommendations shown in the Water Report. CITY will provide CONSULTANT with information on available rebates and incentives that should be flagged within relevant water saving recommendations. For both Messaging and Recommendations, the review process is as follows: o CONSULTANT sends default content to CITY. o CITY project manager sends back a single, consolidated list of approved messages. o CONSULTANT’s customer success manager can offer the CITY the opportunity to proof finalized content of Water Reports and the Customer Portal once they are configured. CITY has the opportunity to provide one custom text Water Report message per Report cycle. Task 2.2 Recipients CONSULTANT will include up to 25,000 customers in efficiency study, and will send reports to no more than 20,000 customers. The number of recipients may vary slightly in any cycle of Water Reports based on the availability of valid meter data for each account and the number of new or closed accounts in a given period. Water Reports are sent digitally where valid email addresses are available, and by print otherwise. CONSULTANT will customize every Water Report by proprietary content personalization to tailor messages and recommendations specifically to each end-user. Task 2.3 Number and Scheduling of Cycles and Shipments per Report DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 20 CONSULTANT will send Water Reports via mail or email to any account type, and may be targeted to certain accounts, sent to randomly selected accounts as part of a randomized control trial, or sent to all of CITY’s customers. Each recipient account is eligible to receive a Water Report in each of the 4 cycles of reports per term. Some accounts may receive fewer Water Reports due to missed or incorrect reads, or a closing or opening of a new account with the CITY. CONSULTANT will ship Water Reports based on the schedule that the CITY transfers meter read data to CONSULTANT. Each cycle of reports can be sent in one or more shipments, with each shipment going to a subset of households. CONSULTANT will send out shipments for each cycle on a weekly basis. Task 2.4 Finalization of Customer Letter CONSULTANT will send a Customer Letter on behalf of the CITY, to accounts that receive access to the Customer Portal. The Customer Letter is branded for the CITY (has CITY logo and contact information) and CITY has the ability to personalize the signature. No other customization is available. CONSULTANT will send Customer Letters by email where a valid email address is available and by print otherwise. Task 2.3 Post-Launch Survey CONSULTANT will send a post-launch Satisfaction Survey to CITY customers. CONSULTANT will send a link to a post-launch survey to accounts with email addresses. CONSULTANT will provide a sample of the post-launch survey invitation, including one block of content, which the CITY may personalize. CITY will provide consolidated comments and final approvals to CONSULTANT The results of the post-launch survey are used to gauge customer satisfaction and Water Report perceptions. CONSULTANT will share all results of the post-launch survey with CITY. TASK 3 EFFICIENCY STUDY Task 3.1 Randomized Control Trial CONSULTANT will use a randomized control group design to ensure the water saved as a result of the CONSULTANT program can be accurately measured and verified. The Residential Recipients receive Water Reports while the Control Group does not. This program design allows CONSULTANT to compare the changes in water consumption and customer satisfaction of the Recipients versus the Control Group and to provide the CITY with formal statistical results. While the group of Residential Recipients may expand after the first term of the project, only the first group of Recipients is used to measure results. Task 3.2 Measurement and Verification CONSULTANT will report changes in consumption for the Recipient Group versus a randomized Control Group selected from CITY’s entire population of residential DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 21 households. After three Water Reports have been sent, CONSULTANT will prepare an efficiency study that details the change in water usage for the Recipient versus Control Group, and will load those results into the CITY Analytics Dashboard. This evaluation is performed with a Fixed-Effects regression model using the consumption data for each household in the Recipient and Control Groups. The efficiency study report includes percentage savings, GPD (Gallons per Day) savings, and Acre Foot savings at the program level for all months after the first Water Reports were sent. CONSULTANT will evaluate and track savings from CITY efficiency program participation. CONSULTANT will continue to measure results after the first term (as long as a Control Group is maintained). Water Report recipients added to the program after the first term will not be included in the experimental group. TASK 4 – INTEGRATION Task 4.1 Single Sign-On CONSULTANT will work with CITY’s online platform host to provide a single sign on experience for residential and commercial customers. This integration will require cooperation by CONSULTANT in a timely manner to accomplish agreed upon integration protocol processes. CITY’s online platform host may change and CONSULTANT will support SSO with new host using CONSULTANT’s integration protocol. CONSULTANT will ensure that the single sign on functionality is functioning properly. TASK 5 – INVOICING AND REPORTING Task 5.1 Reporting In addition to the requirements for invoices set forth in Section 5 of the Agreement, CONSULTANT will upload reports into CITY’s reporting database in order to complete invoicing when database becomes available. CONSULTANT will provide CITY with monthly and annual reports in the form of spreadsheets and/or dashboard summary charts as desired by CITY. Program reports may include information on program participation, cost expenditure and budget remaining, and commodity savings. CONSULTANT will respond to ad-hoc data requests by CITY. CONSULTANT agrees to work with CITY to respond to SCVWD, BAWSCA, CPUC, NCPA, CARB, CEC or other Federal, State or local data requests or reporting requirements. CONSULTANT will interface with CITY’s contracted evaluation, measurement and verification firms as necessary. CONSULTANT will evaluate Program efficacy for participating customers and conduct follow up surveys. Task 5.2 Invoicing DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 22 CONSULTANT will invoice CITY on a quarterly basis consistent with Section 5 of the Agreement and in accordance to the more specific guidelines set forth in Exhibit “C”, “Compensation”. TASK 6 – PROGRAM TERMINATION Task 6.1 The CONSULTANT will resolve all outstanding jobs in progress, as well as customer complaints. TASK 7 – SUBMIT FINAL PROGRAM REPORT Task 7.1 CONSULTANT will submit a final report which includes a narrative with an overview of the Program and spreadsheet detailing the budget and actual Program cost. The final report will include Program Achievements, challenges, goals and lessons learned. CONSULTANT agrees to deliver the final report within 30 days of the end of the Term as such date may be extended at the sole discretion of CITY. Task 7.2 CONSULTANT will maintain electronic copies of invoices for three years as required by the CITY per Section 15. Audits. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 23 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Task Timing (Due Date) TASK 1 – SOFTWARE SERVICE Task 1.1 Within 60 days after NTP, and ongoing as needed Task 1.2 Within 90 days after NTP, and ongoing as needed Task 1.3 Ongoing Task 1.4 Within 90 days after NTP, and ongoing as needed Task 1.5 Ongoing TASK 2 – HOME WATER REPORTS Task 2.1 Within 60 days after NTP Task 2.2 Ongoing Task 2.3 Within 90 days after NTP and ongoing as needed Task 2.4 Within 60 days after NTP and ongoing as needed Task 2.5 Within 8 to 12 months after NTP and ongoing as needed TASK 3 – EFFICIENCY STUDY Task 3.1 Ongoing Task 3.2 Ongoing TASK 4 – INTEGRATION Task 4.1 Within 90 days after NTP, depending on host integration timelines TASK 5 – INVOICING AND REPORTING Task 5.1 Quarterly and as needed Task 5.2 Quarterly and as needed TASK 6 – PROGRAM TERMINATION Task 6.1 30 days Prior to contract expiration, or within 30 days of contract termination TASK 7 - SUBMIT FINAL PROGRAM REPORT Task 7.1 Within 30 days after contract expiration Task 7.2 For 3 years after contract expiration DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 24 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 task-based rate schedule shown below in Table 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, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. REIMBURSABLE EXPENSES There are no reimbursable expenses under this Agreement. 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, , for such services. 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. Table C-1: Anticipated Quarterly Cost Structure* *CONSULTANT will invoice CITY upon completion of each task at the close of each quarter for all costs with exception of the Initialization fee, which is billable upon contract execution. No payment shall be due until each task is completed, or, in the case of reports, until the report is delivered. The following breakdown is the anticipated schedule and is subject to change. Payment for quarterly license shall commence in the quarter that the Customer Portal goes live. Component Q1 Q2 Q3 Q4 Totals Year 1 Customization $ 20,000 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 25 Integration $ 5,500 Initialization $ 20,000 Welcome Letters $ 16,875 Training $ 1,500 Reports $ 12,500 $ 12,500 $ 12,500 License** $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 138,875 Year 2 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Year 3 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Year 4 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Year 5 Reports $ 12,500 $ 12,500 $ 12,500 $ 12,500 License $ 9,375 $ 9,375 $ 9,375 $ 9,375 $ 87,500 Sub-Total $ 488,875 Additional Services $ 48,888 Total $ 537,763 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 26 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 WORKER’S COMPENSATION YES 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 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 27 SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 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: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 28 EXHIBIT “E” SOFTWARE AS A SERVICE TERMS & CONDITIONS In order to assure the privacy and security of the personal information of the City’s customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons and other individuals and businesses, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the “Consultant”) and its subcontractors, if any, including, without limitation, any Information Technology (“IT”) infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City’s customers. The Consultant shall fulfill the data and information security requirements (the “Requirements”) set forth in Part A below. A “secure IT environment” includes: (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant’s operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the “Alternate Requirements” as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the “ISM”). Part A. Requirements: The Consultant shall at all times during the term of any contract between the City and the Consultant: (a) Appoint or designate an employee, preferably an executive officer, as the security liaison SOFTWARE AS A SERVICE SECURITY AND PRIVACY TERMS AND CONDITIONS This Exhibit shall be made a part of the City of Palo Alto’s Professional Services Agreement or any other contract entered into by and between the City of Palo Alto (the “City”) and Watersmart Software, Inc. (the “Consultant”) for the provision of Software as a Service services to the City (the “Agreement”). DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 29 to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City’s Information Privacy Policy: (c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City and may conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following: http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=5029 7 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role. (e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels. (f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees’ personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role-base access control (“RBAC”) and segregation of duties (“SoD”) mechanisms for all personnel, systems and software used to provide the Services to the highest extent possible within the Consultant’s organization. “RBAC” refers to a computer systems security approach to restricting access only to authorized users. “SoD” is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors. (i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services’ environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture. (j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging. (m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) When possible, inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) When possible, perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City’s performance of random site security audits at the Consultant’s site(s), including the DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Professional Services Rev. April 27, 2018 30 site(s) of a third party service provider(s), as applicable. When possible, the scope of these audits will extend to the Consultant’s and its third party service provider(s)’ awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, the Confidential Information will be accessible only by the Consultant and any authorized third party service provider’s personnel. (r) Perform regular, reliable secured backups of all data needed to maximize availability of the Services. (s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this Agreement, all of those records relating to the performance of the Services shall be provided to the ISM. (t) Maintain the Confidential Information in accordance with applicable federal, state and local data and information privacy laws, rules and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient. (v) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City’s IT environment, including, without limitation, IT infrastructure communications. Part B. Alternate Requirements: DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 City of Palo Alto Information Security Document Version: V2.5 [11/01/2012] Doc: InfoSec 110 EXHIBIT “F” Page 31 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 34 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 Vendor Information Security Assessment (VISA) Questionnaire Purpose: This Vendor Information Security Assessment (VISA) Questionnaire requests information concerning a Cloud Service Provider (the Vendor), which intends to provide to the City of Palo Alto (the City) any or all of the following services: Software as a Service (SaaS); Platform as a Service (PaaS); and Infrastructure as a Service (IaaS). Note/Instructions: SaaS, PaaS and IaaS are each a ‘cloud’ servicing model, in which software and database applications, computer network infrastructure and/or computer hardware/software platforms is/are hosted by the Vendor and made available to customers interconnected to a network, typically to the Internet. This Questionnaire is for the sole use of the intended Vendor and may contain confidential information of individuals and businesses collected, stored, and used the City. Any unauthorized collection, storage, use, review or distribution may be prohibited by California and/or Federal laws. If you are not the intended recipient of this Questionnaire, please contact the sender by e-mail and destroy all copies of the Questionnaire. The Vendor shall provide answers to the questions or information to the requests provided below. In the event that the Vendor determines that it cannot meet the City’s security and or privacy requirements, the Vendor may submit a request for an exception to the City’s requirements and propose alternative countermeasures to address the risks addressed in this Questionnaire. The City’s Information Security Manager (ISM) may approve or reject the exception request, depending on the risks associated with the exception request. Upon receipt of the Vendor’s response, the ISM will conduct a security risk assessment, using the following scoring methodology: A = Meets completely. B = Partially meets. The Vendor may be required to provide additional requested information. C = Doesn’t meet. The Vendor may be required to provide missing/additional detail. Vendor Information: Vendor Organization Name WaterSmart Software Address 20 California Street Suite 200, San Francisco, CA 94111 Information Security Contact Person Name Chad Haynes, VP of Platform and Infrastructure Email chaynes@watersmart.com Phone 415-366-8622 Date this Questionnaire Completed January 29, 2019 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 34 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 1.0 BUSINESS PROCESS AND DATA EXCHANGE REQUIREMENTS # Question Response from the Vendor Score Additional Information/Clarification Required from the Vendor 1.1 Please provide a detailed description of the Vendor’s business process that will be supported by it, as this relates to the proposed requirements of the City’s RFP or other Business Requirements Document (BRD) The program is comprised of the following elements: Utility Dashboard: Analytics, customer support tools and program data for Utility staff Customer Portal: Additional engagement and information for account owners Alerts: Leak and high usage alerts Water Reports: Customized reports mailed or emailed to each participant As a software-as-a-service provider, WaterSmart will provide all major program elements to the Utility: Program setup and initialization, including data collection; Hosting of WaterSmart Customer Portal and Utility Dashboard Creation and delivery of Utility-branded Water Reports and alerts to Utility water customers; and Measurement and verification to allow the Utility to evaluate the program. A 1.2 Has the Vendor adopted and implemented information security and privacy policies that are documented, are accessible to the City, and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards? Yes. WaterSmart strives to strike a balance between opportunity and risk for our business, while minimizing risk for our customers. We govern based on best practices extracted from various frameworks. During our regular prioritization meetings, we discuss the company’s appetite for risk and assess each potential initiative with respect to IT concerns. Example of the risks assessed might include: late-delivery risk, compliance risk, architecture/flexibility risk, data security risk, or service risk. These sessions often include risk review with the goal of understanding the business impact of a given scenario. WaterSmart’s servers are deployed in the secure Amazon Web Service Cloud. Physical security includes state-of-the-art building access controls, video surveillance and 24x7 onsite A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 34 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 security. Amazon Web Service’s facilities and security procedures are regularly subject to independent 3rd party reviews and certifications including but not limited to ISO27002 and SOC1/2/3 1.3 What data exchange will occur between the City and the Vendor? What data will be stored at the Vendor’s or other third party’s data storage location? (Provide data attributes with examples) Example: (Payment Card Information, Social Security Number, Driving License number Patrons Name, Address, telephone etc.), which are examples of personal information, the privacy of which are protected by California constitutional and statutory law. WaterSmart will work with utility to securely transfer some or all information related to accounts, billed consumption data, bill details, rebate/program information, and/or AMI interval data dependent on the scope of the partnership. This data will be stored within the WaterSmart platform. Personally Identifiable Information (PII) is encrypted in-place on WaterSmart’s servers. Account Information includes but is not limited to such information as: Account Number, Account Type, Customer Name, Service Address, Billing Address, Customer Contact Information such as email, and phone numbers Consumption Information includes but is not limited to such information as: Account Number,Meter Identifier, Meter Size, Meter Reads, Days in Billing Cycle, Consumption, Allocation/Budget information Bill Detail Information includes but is not limited to such information as: Amount Due, Due Date, Bill ID, Bill Line Items, Bill PDF Rebate Program Participation Information includes but is not limited to: Account Number, Program Name, Application Date, Review Status, Completion Date, Monetary Value, Program Notes AMI Interval Data includes but is not limited to: Meter Identifier, Read Timestamp, Reading, Consumption, Units, Multiplier B DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 37 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 1.4 In the event that the Vendor is required to store Private Information (PI), Personally Identifiable Information (PII), or Sensitive Information (SI) (collectively, the Information) about individuals in the service provider’s business systems, how does the Vendor maintain the confidentiality of the Information in accordance with applicable federal, state and local data and information privacy laws, rules and regulations? WaterSmart has a serious commitment to the privacy of our customer data. Our privacy policy is permanently available at www.watersmart.com/privacy. We do not share any personally identifiable data with anyone without the express consent of our customer. Our information security practices address the privacy of data during its entire lifecycle: access (SSH server access only), storage (encrypt-in-place), login (end-user access via HTTPS and encrypted password), sharing (never), transferring (SSH encryption), securing (dedicated firewalled network), retention (PGP encryption), and destruction (automated anonymization). WaterSmart maintains the confidentiality of information through: Tight access control, ensuring only approved users are granted appropriate access Encryption in transfer, to keep data secure as it flows in and out of system boundaries Encryption at rest, to keep data secure as it remains within our system boundaries Partnering with best-in-class cloud vendors for asset management and physical & environmental security Automation for change-management accuracy Daily backups with geographically distributed, redundant encrypted storage Documentation for business continuity Human resources security, to ensure all necessary controls on employees Policy creation, maintenance and review B 1.5 What mechanism and/or what types of tool(s) will be used to exchange data between the City and The Vendor? Example: (VPN, Data Link, Frame Relay, HTTP, HTTPS, FTP, FTPS, etc.) WaterSmart will provide Utility with a private SSH Key- protected sFTP (ssh over FTP) destination for regular delivery of the data. This secure FTP site will be hosted on WaterSmart’s server(s). Utility agrees to send data only through this secure channel and not through any other method. A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 37 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 1.6 What types of data storage (work in progress storage and backup storage) are present or will be required at the Vendor’s site? Example: (PCI Credit Card Info, SSN, DLN, Patrons Name, Address, telephone etc.) WaterSmart stores the files delivered by utility on our secure network storage array. Delivery files are automatically encrypted upon arrival. In process data is stored in our secure managed SSD-array databases. Personally Identifiable Information is encrypted in place within database. Archive and backup data is encrypted and stored in our cloud files storage. Critical files are cross-backed-up to a secondary site location (encrypted). Bank-level identity information such as SSN, Credit Card Info, Bank Account Numbers are not stored by the WaterSmart platform. A 1.7 Is e-mail integration required between the City and the Vendor? Example: The provision of services may require the City to provide the Vendor with an e-mail account on the City’s e–mail server. No, email integration is not required between the Utility and WaterSmart. In some utilities, email filtering policy may prefer to whitelist WaterSmart generated email. All generated email comes from dedicated IP addresses that can be provided to utility staff at any time. A 1.8 Has the Vendor ever been subjected to either an electronic or No, WaterSmart has never been subjected to either an electronic or physical security breach. A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 2.0 APPLICATION/SOLUTION CONFIGURATION VISA Questionnaire Version 2.0 Page 37 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 physical security breach? Please describe the event(s) and the steps taken to mitigate the breach(es). What damages or exposure resulted? Are records of breaches and issues maintained and will these records be available for inspection by the City? 1.9 Does the Vendor maintain formal security policies and procedures to comply with applicable statutory or industry practice requirements/standards? Are records maintained to demonstrate compliance or certification? Does the Vendor allow client audit of these records? NOTE: PLEASE PROVIDE SUPPORTING DOCUMENTATION. Yes, WaterSmart maintains formal security policies and procedures to comply with applicable statutory and industry practice requirements and standards. WaterSmart engages a 3rdparty to test our network security and compliance with best industry practices as outlined in the OWASP 2013 Top Ten application security principles. The public attestation of this adherence is available on request. A 2.0 What are the internet and the browser security configurations for the cloud application? What security standards and requirements does the Vendor maintain to ensure application security at the user interface? (A set of detailed documentation should be provided to support the compliance. WaterSmart’s web applications adhere to industry best practices for application security as documented in the OWASP Top 10 guidelines. We will utilize 3rd party to validate our defenses against vulnerabilities to (A1) injection, (A2) session management, (A3) cross-site scripting, (A4) insure object references, (A5) security misconfigurations, (A6) sensitive data exposure, (A7) access control, (A8) cross-site forgery requests, (A9) safe components, and (A10) unvalidated redirects. WaterSmart’s web applications are secured with industry- standard 2048-bit SHA256 SSL certificates. Traffic is only accepted via HTTPS using TLS1.0+ protocols. SSL2/3 protocols are not accepted. For more information on our web configuration, see: https://www.ssllabs.com/ssltest/analyze.html?d=demo.water smart.com A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 41 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 2.1 What is the name of the application(s) that the Vendor will host in order to provide services to the City? (List all) WaterSmart will use the following functions from its existing software platform: WaterSmart Customer Portal, Water Reports, and WaterSmart Utility Analytics Dashboard. A 2.2 What functionality will be provided to the City’s employees or the City’s customers or other recipient of City services through the application? Some Palo Alto customers will receive Water Reports that specify their water use compared to other accounts and provide tips on ways to reduce consumption. A 2.3 Will the Vendor use a subcontractor and/or a third party service provider? (List all). If yes, then what data privacy and information security agreements are in place between the Vendor and any subcontractor/third party to ensure appropriate and accountable treatment of information? Note the City requires each subcontractor and/or third party to complete this Questionnaire. No, there will not be any subcontractors or third party service providers for this project. A 2.4 What is the Vendor's application(s) hosting hardware and software platform? Provide a detailed description, including SP and a patch or security applications in use. Example: Windows or Unix Operating System (OS) and other detail. WaterSmart’s web applications are run Ubuntu 14.04 LTE. Individual machines are completely firewalled from outside connections with the exception of a small list of machines required to be contacted by the public (such as websites, ftp, etc). The majority of the infrastructure is hosted on AWS using Apache, MySQL, Cassandra and Docker. WaterSmart patches monthly for security upgrades. Critical vulnerabilities are patched as soon as reasonable possible, usually same-business-day. A 2.5 How does the Vendor’s application and database architecture manage or promote segregation of the City's data (related to its function as a local government agency) WaterSmart utilities a segmented multi-tenant model. Data transferred to WaterSmart from utility will be stored in a segmented database dedicated to the utility. The data will not be comingled with the data provided by any other entity. Each of WaterSmart’s customers are isolated in separate database A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 41 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 from the data of individuals providing services to or receiving services from the City? schema. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 41 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 2.6 Describe the Vendor’s server and network infrastructure. Please provide server and network infrastructure deployment topology, including data flow architecture including but not limited to security management applications, firewalls, etc. WaterSmart’s server and network infrastructure consists of dozens of permanent machines and hundreds of autoscale instances that are deployed and destroyed on an as-needed basis. Our topology includes a cisco firewall layer that manages network communication between our multi-terabyte traditional database cluster and other hardware. Outside of our databases, several other clusters are deployed to purpose. These clusters include a multi-machine distributed Cassandra cluster for fast moving interval data, a data-ingest processing cluster for file processing and analytic calculations, a secure FTP cluster for file exchange, primary and backup DNS machines, a network file store, a RabbitMQ cluster, and a webserver/webservice cluster. All machines communicate via a private back-plane network. Inter process communication is generally managed via the RabbitMQ durable queue layer. As part of data ingest processing and water report generation, hundreds of machines a week are created and destroyed by the autoscale process. Every machine created or maintained by WaterSmart operations is configured by a “Configuration as a Service” management application called Chef. Infrastructure diagram walkthroughs are available on request A 2.7 Please provide a detail proposed solution that will be developed as a part of the Vendor’s implementation to support this project. (For example detailed solution architecture, secured data flow to support business processes, etc.). WaterSmart does not foresee developing any new solution architecture for this project. A 3.0 DATA PROTECTION # Question Response from the Vendor Score Additional Information/Clafication Required the Vendor DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 41 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 3.1 What will be the medium of data exchange between the City and Vendor? WaterSmart generally uses sFTP to exchange data. A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 44 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 3.2 . How will the data be kept secure during the data exchange process? Example: (VPN, Data Link, Frame Relay, HTTP, HTTPS, FTP, FTPS, etc.) All data transmitted between WaterSmart and partners is transferred in an encrypted fashion, using either SSL, SSH, PGP, or TLS as appropriate for the channel. A 3.3 How will the City’s data be kept physically and logically secure at the Vendor’s preferred storage location? Example: Locked storage, Digitally, Encrypted etc. WaterSmart’s servers are deployed in the secure AWS Cloud. Physical security includes state-of-the-art building access controls, video surveillance and 24x7 onsite security. Rackspace’s facilities and security procedures are regularly subject to independent 3rd party reviews and certifications including but not limited to ISO27002 and SOC1/2/3. A 3.4 What application level protections are in place to prevent the Vendor’s or a subcontractor/third party’s staff member from viewing unauthorized confidential information? For example, encryption, masking, etc. WaterSmart will ensure than only approved users are granted appropriate access to our systems. To this end, all systems that face an external network are secured according to best practices including but not limited to: a minimum of open network ports, ssh-key based server access (no passwords), revocable SSL client-certificates for webservice access, etc. All access to servers is logged and automated agents are enabled to report suspicious logins. A 3rd party validation and penetration test will be used to confirm our defenses against external vulnerabilities. A 3.5 What controls does the Vendor exercise over the qualification and performance of its team? Of their subcontractor/third party’s team(s)? (For example criminal background verification prior to employment, providing security training after employment and managing Role Based Access Control (RBAC) during employment and network and application access termination upon employment termination. WaterSmart employees will be subject to information security controls. This includes background checks, the signing of non-disclosure agreements, and an acknowledgement of our acceptable use and security policy. Employee onboard training will include explanation of our security controls and education about how to report potential problems. Access to systems and products is role- based and revocable. A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 44 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 4.0 DATA BACK-UP DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 44 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 # Question Response Score COPA’s Security Assessment 4.1 What are the Vendor’s method(s) used to keep data secured during the data backup process? We backup all critical system configuration data and all multi- tenant customer data daily. The data is PGP encrypted and then transferred via SSL to our Cloud Files storage area within the secure Rackspace cloud. Our restoration procedure is carefully documented in our operations guide; it involves downloading a specific backup and installing it as needed. The restoration process is practiced routinely. A 4.2 . Is the Vendor’s encryption technology used to encrypt whole or selective data? All data transfers and backups are encrypted. A 4.3 What types of storage media will the Vendor use for data backup purposes? For example, Tape, Hard Disk Drive or any other devices. All cloud-based: Amazon Web Services A 4.4 Are the Vendor’s backup storage devices encrypted? If ‘yes,’ please provide encryption specification, with type of encryption algorithm and detail process of encryption handling. If ‘no,’ provide a detailed description (with process, tools and technology) to keep data secured during the back-up process. Yes, the data is PGP encrypted and then transferred via SSL to our Cloud Files storage area within the secure AWS Cloud. A 5.0 DATA RETENTION # Question Response from the Vendor Score Additional DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 45 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 Information/Clafication Required from the Vendor 5.1 What is the Vendor’s retention period of the backed up data? The data retention process shall comply with the City’s data retention policy. [does the Vendor know what this is?] We employ a cascading fade-out backup storage scheme in which we keep daily backups for 30 days, and transition older backups to weekly or monthly snapshots. A 5.2 Are the data back-up storage media at the Vendor’s location or other third party location? Data backup storage media are housed at AWS, our server provider. Secondary backups (encrypted) are co-located to a secondary geography to ensure business reliability. A 5.3 If the Vendor’s backup storage devices are stored with another company, please provide: a. Company Name: b. Address: c. Contact person detail (Phone and Email): d. What contractual commitments are in place to guarantee security performance from these vendors Amazon Web Services. For more information, please see https://aws.amazon.com/security/ A 5.5 What is the media transfer process (I.e. The lock box process used to send tapes off-site)? All media is digital –see Section 3 above. A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 48 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 5.6 Who has access to the data storage media lockbox(es)? (Provide Name and Role) N/A –Cloud Based A 5.7 Who on the Vendor’s staff or subcontractor/third party’s staff is/are authorized to access backup data storage media? (Provide Name and Role) Engineering Staff –Chad Haynes, Dave Peterson, Jolene Hayes, Yuhong Wang, Vi Le, Luis Alba, Tasnim Ghani and Isabelle Miller Access to servers and data by WaterSmart employees is granted only on an as-needed basis, and only by individual, revocable SSH public/private key-pairs. Authorization is never granted via password or by shared key. Role-based access control (RBAC) is implemented to regulate access to computer and network resources based on the roles of individual users within the WaterSmart organization. Editorial rights to content used in our application require an individually provisioned, revocable SSL certificate on the physical machine of the employee. A 5.8 What is the backup data storage media receipt and release authorization process(es)? (Please submit a soft copy of the process) N/A A 6.0 ACCOUNT PROVISIONING AND DE-PROVISIONING (The Vendor must receive formal pre-authorization from the City’s Information Security Manager prior to provisioning and de-provisioning of application access account). # Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 6.1 What is the account provisioning/removal process? Example: how are users accounts created and managed?) WaterSmart Employees: Written procedures are followed to grant or withdraw access from an inactive account or terminated employee. This includes but is not limited to SSH key granting/removal, SSL certificate granting/revocation, user creation/deletion, and provisioning/de-provisioning of all cloud-based services. Utility Employees: Utility employees with access to the Utility Dashboard will be provisioned users via WaterSmart’s Customer Success team. Individual utility users will be constrained by role-based rights (such as admin versus view-only). A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 48 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 6.2 . What is the account deprovisioning/removal WaterSmart Employees: Written procedures are followed to grant or withdraw access from an inactive account or terminated employee. A process? Example: how are This includes but is not limited to SSH key granting/removal, SSL users accounts created and certificate granting/revocation, user creation/deletion, and managed?) provisioning/de-provisioning of all cloud-based services. Utility Employees: Utility employees with access to the Utility Dashboard can be deprovisioned by the utility admin user with one click inside the Utility Dashboard. The utility admin user can be deprovisioned by the WaterSmart Client Services team. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 48 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 6.3 How will the City’s employees gain access to required application(s)? Utility will designate one or more staff as the site Administrator. The Administrator has the ability to provide password-protected access to staff with email addresses and grant Viewer or Editor privileges. The Administrator (and WaterSmart) can revoke access to any employee at any time. A 6.4 Does the application(s) have the capability to restrict access only from the City’s WAN (Wide Area Network)? WaterSmart has the ability to filter traffic to the Utility Dashboard; however in situations where this has been important the utility, the preferred solution has been a client-level certificate, so that the employee can access the service from any approved hardware device regardless of network location. Network whitelisting is also supported, however we’ve found that to be a less desirable solution. A 7.1 PASSWORD MANAGEMENT # Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 7.1 What will be the policy and/or procedures for the logging, authentication, authorization and password management scheme? (Please provide a soft copy of the process) All access attempts either failed or successful are logged within the WaterSmart platform. Utility may use the Utility Dashboard to audit the login access. Passwords are individually salted and hashed for storage. The hash algorithm is PBKDF2. A 7.2 . Where will the login and password credentials be stored? Login and password credentials are stored in our private managed database cluster. The password itself is never stored, just the salt and hash as described above. A 7.3 Are the password credentials stored with encryption? If ‘yes,’ please provide encryption scheme detail. The password itself is never stored, just the salt and hash as described above. A DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 50 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 7.4 The Vendor’s application must comply with the following password requirements. Does the Vendor’s application meet these requirements? 1. First time password must be unique to an individual and require the user to change it upon initial login. 2. If the password is sent via plain text e-mail to the City employee to mitigate security exposure. 3. The City requires first time password to have a time-out capability of no more than 7 days. 4. The e-mail notification must not be copied to anyone except the user. 5. The permanent/long term password must be changed frequently (at least TWICE a year) 6. E-mail notification must be sent to the user whenever the password has been Passwords must be between 8-32 Characters. Passwords must contain one lowercase letter, one uppercase letter, one special character, and one numeric character. B DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 VISA Questionnaire Version 2.0 Page 50 25 July 2018 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 updated. 7. User should not be able to view data or conduct business unless an initial password has been updated with a different password. 8. The Vendor shall inform the City’s users that, when a new password is created, the user shall not use the City’s LDAP password. [what’s LDP? Spell out, don’t use acronyms] 9. The password must have 8 or more alphanumeric (/) characters and it must contain at least one character from each of the bullets noted below (i.e. each line shall contribute at least one character): abcdefghijklmnopqrstu vwxyz ABCDEFGHIJKLMNO PQRSTUVWXYZ 0123456789 !@#$%^&*()- +=`~,></\"'?;:{[}] DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 --------------------------------------------------- End Of Document ------------------------- -------------------- DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 EXHIBIT "G" Information Privacy Policy Release and Version: 1st Release, Version 2.2 Release Date: 31 January, 2013 Document Classification: Need to Know DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 1 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services CONTENTS DOCUMENT CONTROLS ........................................................................................................................................... 2 CHANGE RECORD ................................................................................................................................................... 2 APPROVAL .................................................................................................................................................................... 2 DISTRIBUTION ........................................................................................................................................................ 2 1. OBJECTIVE ................................................................................................................................................... 3 A) INTENT .......................................................................................................................................................... 3 B) SCOPE .......................................................................................................................................................... 3 C) CONSEQUENCES ............................................................................................................................................ 3 D) EXCEPTIONS .................................................................................................................................................. 3 E) MUNICIPAL ORDINANCE .................................................................................................................................. 4 2. RESPONSIBILITIES OF CITY STAFF ................................................................................................................. 4 A) RESPONSIBILITY OF CIO AND ISM ................................................................................................................... 4 B) RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE ................................................................ 4 C) RESPONSIBILITY OF USERS ............................................................................................................................. 4 D) RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS..................................................................... 5 E) RESPONSIBILITY OF AUTHORIZATION COORDINATION ....................................................................................... 5 3. PRIVACY POLICY .......................................................................................................................................... 5 A) OVERVIEW ............................................................................................................................................................ 5 B) PERSONAL INFORMATION AND CHOICE ............................................................................................................ 5 C) METHODS OF COLLECTION OF PERSONAL INFORMATION................................................................................... 5 D) UTILITIES SERVICE ......................................................................................................................................... 6 E) PUBLIC DISCLOSURE ...................................................................................................................................... 6 F) ACCESS TO PERSONAL INFORMATION .............................................................................................................. 6 G) SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE ....................................................................................... 6 H) DATA RETENTION / INFORMATION RETENTION .................................................................................................. 7 I) SOFTWARE AS A SERVICE (SAAS) OVERSIGHT ..................................................................................................... 7 J) FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 (FACT) ................................................................... 7 4. CONTACTS ................................................................................................................................................... 8 DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 2 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services DOCUMENT CONTROLS Document Title Information Privacy Policy Location City of Palo Alto Website and SharePoint Document Author Raj Patel Document Manager Raj Patel Contributors Jonathan Reichental, Shiva Swaminathan, Tom Auzenne, Joe Blackwell, Grant Kolling CHANGE RECORD Date Author Version Change Reference 12-Jul-12 Raj Patel 0.01 First draft developed 26-Sep-12 Raj Patel 1.0 First draft released for review 09-Nov-12 Raj Patel 1.5 Updated first draft for review 19-Nov-12 Raj Patel 1.6 Additional updates as identified 22-Nov-12 Raj Patel 1.7 Revised table of content 26-Nov-12 Raj Patel 1.8 Revised followed by review from Jonathan Reichental and Tom Auzenne 6-Dec-12 Raj Patel 1.92 Revised according to comments from Jonathan Reichental 14-Jan-13 Raj Patel 2.0 Revised according to comments from Grant Kolling 31-Jan-13 Raj Patel 2.2 Revised according to recommendations from Information Security Steering Committee APPROVAL Date Name Role Comments 06-Dec-12 Raj Patel Information Security Manager; Information Technology Department Approved 06-Dec-12 Jonathan Reichental CIO; Information Technology Department Approved 06-Dec-12 Tom Auzenne Assistant Director, Utilities Department Approved 14-Jan-13 Grant Kolling Senior Assistant City Attorney; City Attorney’s Office Approved 31-Jan-13 Information Security Steering Committee Sponsor Approved DISTRIBUTION Name Location City of Palo Alto Employees, Service Providers, Residents and Businesses City of Palo Alto Website and SharePoint DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 3 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services 1. Objective The City of Palo Alto (the “City”) strives to promote and sustain a superior quality of life for persons in Palo Alto. In promoting the quality of life of these persons, it is the policy of the City, consistent with the provisions of the California Public Records Act, California Government Code §§ 6250 – 6270, to take appropriate measures to safeguard the security and privacy of the personal (including, without limitation, financial) information of persons, collected in the ordinary course and scope of conducting the City’s business as a local government agency. These measures are generally observed by federal, state and local authorities and reflected in federal and California laws, the City’s rules and regulations, and industry best practices, including, without limitation, the provisions of California Civil Code §§ 1798.3(a), 1798.24, 1798.79.8(b), 1798.80(e), 1798.81.5, 1798.82(e), 1798.83(e)(7), and 1798.92(c). Though some of these provisions do not apply to local government agencies like the City, the City will conduct business in a manner which promotes the privacy of personal information, as reflected in federal and California laws. The objective of this Policy is to describe the City’s data security goals and objectives, to ensure the ongoing protection of the Personal Information, Personally Identifiable Information, Protected Critical Infrastructure Informationand Personally Identifying Information of persons doing business with the City and receiving services from the City or a third party under contract to the City to provide services. The terms “Personal Information,” “Protected Critical Infrastructure Information”, “Personally Identifiable Information” and “Personally Identifying Information” (collectively, the “Information”) are defined in the California Civil Code sections, referred to above, and are incorporated in this Policy by reference. A) INTENT The City, acting in its governmental and proprietary capacities, collects the Information pertaining to persons who do business with or receive services from the City. The Information is collected by a variety of means, including, without limitation, from persons applying to receive services provided by the City, persons accessing the City’s website, and persons who access other information portals maintained by the City’s staff and/or authorized third-party contractors. The City is committed to protecting the privacy and security of the Information collected by the City. The City acknowledges federal and California laws, policies, rules, regulations and procedures, and industry best practices are dedicated to ensuring the Information is collected, stored and utilized in compliance with applicable laws. The goals and objectives of the Policy are: (a) a safe, productive, and inoffensive work environment for all users having access to the City’s applications and databases; (b) the appropriate maintenance and security of database information assets owned by, or entrusted to, the City; (c) the controlled access and security of the Information provided to the City’s staff and third party contractors; and (d) faithful compliance with legal and regulatory requirements. B) SCOPE The Policy will guide the City’s staff and, indirectly, third party contractors, which are by contract required to protect the confidentiality and privacy of the Information of the persons whose personal information data are intended to be covered by the Policy and which will be advised by City staff to conform their performances to the Policy should they enjoy conditional access to that information. C) CONSEQUENCES The City’s employees shall comply with the Policy in the execution of their official duties to the extent their work implicates access to the Information referred to in this Policy. A failure to comply may result in DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 4 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services employment and/or legal consequences. D) EXCEPTIONS In the event that a City employee cannot fully comply with one or more element(s) described in this Policy, the employee may request an exception from the application of the Policy. The request form will be developed, reviewed and administered by the City’s Information Security Manager (the “ISM”). The employee, with the approval of his or her supervisor, will provide any additional information as may be requested by the ISM. The ISM will conduct a risk assessment of the requested exception in accordance with guidelines approved by the City’s Chief Information Officer (“CIO”) and approved as to form by the City Attorney. The Policy’s guidelines will include at a minimum: purpose, source, collection, storage, access, retention, usage, and protection of the Information identified in the request. The ISM will consult with the CIO to approve or deny the exception request. After due consideration is given to the request, the exception request disposition will be communicated, in writing, to the City employee and his or her supervisor. The approval of any request may be subject to countermeasures established by the CIO, acting by the ISM. E) MUNICIPAL ORDINANCE This Policy will supersede any City policy, rule, regulation or procedure regarding information privacy. 2. RESPONSIBILITIES OF CITY STAFF A) RESPONSIBILITY OF CIO AND ISM The CIO, acting by the ISM, will establish an information security management framework to initiate and coordinate the implementation of information security measures by the City’s government. The City’s employees, in particular, software application users and database users, and, indirectly, third party contractors under contract to the City to provide services, shall by guided by this Policy in the performance of their job responsibilities. The ISM will be responsible for: (a) developing and updating the Policy, (b) enforcing compliance with and the effectiveness of the Policy; (c) the development of privacy standards that will manifest the Policy in detailed, auditable technical requirements, which will be designed and maintained by the persons responsible for the City’s IT environments; (d) assisting the City’s staff in evaluating security and privacy incidents that arise in regard to potential violations of the Policy; (e) reviewing and approving department-specific policies and procedures which fall under the purview of this Policy; and (f) reviewing Non-Disclosure Agreements (NDAs) signed by third party contractors, which will provide services, including, without limitation, local or ‘cloud-based’ software services to the City. B) RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE The Information Security Steering Committee (the “ISSC”), which is comprised of the City’s employees, drawn from the various City departments, will provide the primary direction, prioritization and approval for all information security efforts, including key information security and privacy risks, programs, initiatives and activities. The ISSC will provide input to the information security and privacy strategic planning processes to ensure that information security risks are adequately considered, assessed and addressed at the appropriate City department level. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 5 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services C) RESPONSIBILITY OF USERS All authorized users of the Information will be responsible for complying with information privacy processes and technologies within the scope of responsibility of each user. D) RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS The City’s IT Managers, who are responsible for internal, external, direct and indirect connections to the City’s networks, will be responsible for configuring, maintaining and securing the City’s IT networks in compliance with the City’s information security and privacy policies. They are also responsible for timely internal reporting of events that may have compromised network, system or data security. E) RESPONSIBILITY OF AUTHORIZATION COORDINATION The ISM will ensure that the City’s employees secure the execution of Non-Disclosure Agreements (NDA), whenever access to the Information will be granted to third party contractors, in conjunction with the Software as a Service (SaaS) Security and Privacy Terms and Conditions. An NDA must be executed prior to the sharing of the Information of persons covered by this Policy with third party contractors. The City’s approach to managing information security and its implementation (i.e. objectives, policies, processes, and procedures for information security) will be reviewed independently by the ISM at planned intervals, or whenever significant changes to security implementation have occurred. The CIO, acting by the ISM, will review and recommend changes to the Policy annually, or as appropriate, commencing from the date of its adoption. 3. PRIVACY POLICY A) OVERVIEW The Policy applies to activities that involve the use of the City’s information assets, namely, the Information of persons doing business with the City or receiving services from the City, which are owned by, or entrusted to, the City and will be made available to the City’s employees and third party contractors under contract to the City to provide Software as a Service consulting services. These activities include, without limitation, accessing the Internet, using e-mail, accessing the City’s intranet or other networks, systems, or devices. The term “information assets” also includes the personal information of the City’s employees and any other related organizations while those assets are under the City’s control. Security measures will be designed, implemented, and maintained to ensure that only authorized persons will enjoy access to the information assets. The City’s staff will act to protect its information assets from theft, damage, loss, compromise, and inappropriate disclosure or alteration. The City will plan, design, implement and maintain information management systems, networks and processes in order to assure the appropriate confidentiality, integrity, and availability of its information assets to the City’s employees and authorized third parties. B) PERSONAL INFORMATION AND CHOICE Except as permitted or provided by applicable laws, the City will not share the Information of any person doing business with the City, or receiving services from the City, in violation of this Policy, unless that person has consented to the City’s sharing of such information during the conduct of the City’s business as a local government agency with third parties under contract to the City to provide services. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 6 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services C) METHODS OF COLLECTION OF PERSONAL INFORMATION The City may gather the Information from a variety of sources and resources, provided that the collection of such information is both necessary and appropriate in order for the City to conduct business as a local government agency in its governmental and proprietary capacities. That information may be gathered at service windows and contact centers as well as at web sites, by mobile applications, and with other technologies, wherever the City may interact with persons who need to share such formation in order to secure the City’s services. The City’s staff will inform the persons whose Information are covered by this Policy that the City’s web site may use “cookies” to customize the browsing experience with the City of Palo Alto web site. The City will note that a cookie contains unique information that a web site can use to track, among others, the Internet Protocol address of the computer used to access the City’s web sites, the identification of the browser software and operating systems used, the date and time a user accessed the site, and the Internet address of the website from which the user linked to the City’s web sites. Cookies created on the user’s computer by using the City’s web site do not contain the Information, and thus do not compromise the user’s privacy or security. Users can refuse the cookies or delete the cookie files from their computers by using any of the widely available methods. If the user chooses not to accept a cookie on his or her computer, it will not prevent or prohibit the user from gaining access to or using the City’s sites. D) UTILITIES SERVICE In the provision of utility services to persons located within Palo Alto, the City of Palo Alto Utilities Department (“CPAU”) will collect the Information in order to initiate and manage utility services to customers. To the extent the management of that information is not specifically addressed in the Utilities Rules and Regulations or other ordinances, rules, regulations or procedures, this Policy will apply; provided, however, any such Rules and Regulations must conform to this Policy, unless otherwise directed or approved by the Council. This includes the sharing of CPAU-collected Information with other City departments except as may be required by law. Businesses and residents with standard utility meters and/or having non-metered monthly services will have secure access through a CPAU website to their Information, including, without limitation, their monthly utility usage and billing data. In addition to their regular monthly utilities billing, businesses and residents with non-standard or experimental electric, water or natural gas meters may have their usage and/or billing data provided to them through non-City electronic portals at different intervals than with the standard monthly billing. Businesses and residents with such non-standard or experimental metering will have their Information covered by the same privacy protections and personal information exchange rules applicable to Information under applicable federal and California laws. E) PUBLIC DISCLOSURE The Information that is collected by the City in the ordinary course and scope of conducting its business could be incorporated in a public record that may be subject to inspection and copying by the public, unless such information is exempt from disclosure to the public by California law. F) ACCESS TO PERSONAL INFORMATION The City will take reasonable steps to verify a person’s identity before the City will grant anyone online access to that person’s Information. Each City department that collects Information will afford access to affected persons who can review and update that information at reasonable times. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 7 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services G) SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE Except as otherwise provided by applicable law or this Policy, the City will treat the Information of persons covered by this Policy as confidential and will not disclose it, or permit it to be disclosed, to third parties without the express written consent of the person affected. The City will develop and maintain reasonable controls that are designed to protect the confidentiality and security of the Information of persons covered by this Policy. The City may authorize the City’s employee and or third party contractors to access and/or use the Information of persons who do business with the City or receive services from the City. In those instances, the City will require the City’s employee and/or the third party contractors to agree to use such Information only in furtherance of City-related business and in accordance with the Policy. If the City becomes aware of a breach, or has reasonable grounds to believe that a security breach has occurred, with respect to the Information of a person, the City will notify the affected person of such breach in accordance with applicable laws. The notice of breach will include the date(s) or estimated date(s) of the known or suspected breach, the nature of the Information that is the subject of the breach, and the proposed action to be taken or the responsive action taken by the City. H) DATA RETENTION / INFORMATION RETENTION The City will store and secure all Information for a period of time as may be required by law, or if no period is established by law, for seven (7) years, and thereafter such information will be scheduled for destruction. I) SOFTWARE AS A SERVICE (SAAS) OVERSIGHT The City may engage third party contractors and vendors to provide software application and database services, commonly known as Software-as-a-Service (SaaS). In order to assure the privacy and security of the Information of those who do business with the City and those who received services from the City, as a condition of selling goods and/or services to the City, the SaaS services provider and its subcontractors, if any, including any IT infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, while it performs such services and/or furnishes goods to the City, to the extent any scope of work or services implicates the confidentiality and privacy of the Information. These requirements include information security directives pertaining to: (a) the IT infrastructure, by which the services are provided to the City, including connection to the City's IT systems; (b) the SaaS services provider’s operations and maintenance processes needed to support the IT environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. The term “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. Prior to entering into an agreement to provide services to the City, the City’s staff will require the SaaS services provider to complete and submit an Information Security and Privacy Questionnaire. In the event that the SaaS services provider reasonably determines that it cannot fulfill the information security requirements during the course of providing services, the City will require the SaaS services provider to promptly inform the ISM. J) FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 CPAU will require utility customers to provide their Information in order for the City to initiate and manage utility services to them. DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Information Privacy Policy Version 2.2 Page 8 of 8 31 January, 2013 City of Palo Alto Information Technology Information Security Services Federal regulations, implementing the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), including the Red Flag Rules, require that CPAU, as a “covered financial institution or creditor” which provides services in advance of payment and which can affect consumer credit, develop and implement procedures for an identity theft program for new and existing accounts to detect, prevent, respond and mitigate potential identity theft of its customers’ Information. CPAU procedures for potential identity theft will be reviewed independently by the ISM annually or whenever significant changes to security implementation have occurred. The ISM will recommend changes to CPAU identity theft procedures, or as appropriate, so as to conform to this Policy. There are California laws which are applicable to identity theft; they are set forth in California Civil Code § 1798.92. 4. CONTACTS Information Security Manager: Patel, Raj <Raj.Patel@CityofPaloAlto.org> Chief Information Officer: Reichental, Jonathan <Jonathan.Reichental@CityofPaloAlto.org> Utilities Department: Auzenne, Tom <Tom.Auzenne@CityofPaloAlto.org City Attorney’s Office: Kolling, Grant <Grant.Kolling@CityofPaloAlto.org> DocuSign Envelope ID: 34F3430A-D259-4B15-944C-E2AA90FF1BB0 Certificate Of Completion Envelope Id: 34F3430AD2594B15944CE2AA90FF1BB0 Status: Completed Subject: Please DocuSign: C19174648_WaterSmart.pdf Source Envelope: Document Pages: 60 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Gloria Jimenez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 gloria.jimenez@cityofpaloalto.org IP Address: 12.220.157.20 Record Tracking Status: Original 6/20/2019 5:03:32 PM Holder: Gloria Jimenez gloria.jimenez@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Kevin Kern kkern@watersmartsoftware.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 108.85.249.6 Signed using mobile Sent: 6/20/2019 6:05:31 PM Viewed: 6/20/2019 6:07:02 PM Signed: 6/20/2019 6:08:11 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad Haynes chaynes@watersmartsoftware.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 107.192.1.225 Signed using mobile Sent: 6/20/2019 6:08:14 PM Viewed: 6/20/2019 6:24:25 PM Signed: 6/20/2019 6:25:36 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Lacey Lutes Lacey.Lutes@CityofPaloAlto.org Utility Marketing Program Administrator City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 6/20/2019 6:25:39 PM Viewed: 6/24/2019 9:16:31 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Rebecca Duchon Rebecca.Duchon@CityofPaloAlto.org Admin Assoc II City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 6/20/2019 6:25:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tabatha Boatwright Tabatha.Boatwright@CityofPaloAlto.org Administrative Associate III City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 6/20/2019 6:25:41 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/20/2019 6:25:41 PM Certified Delivered Security Checked 6/20/2019 6:25:41 PM Signing Complete Security Checked 6/20/2019 6:25:41 PM Completed Security Checked 6/20/2019 6:25:41 PM Payment Events Status Timestamps Professional Services Rev. April 27, 2018 1 CITY OF PALO ALTO CONTRACT NO. C20174646 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SIMPLE ENERGY, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 12th day of August, 2019, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Simple Energy, Inc., a Delaware Corporation, located at 1215 Spruce Street #301 Boulder, Colorado 80302("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to launch an online energy efficiency and marketplace platform (“Project”) and desires to engage a consultant to provide software, program administration, and support in connection with the Project (“Services”). B. CONSULTANT has created a hosted software as a service (SaaS) application for utility customer engagement and data analytics, and CONSULTANT represents 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A- 1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 2 work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through August 12, 2024 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed One Million Nine Hundred Sixty-Five Thousand Dollars ($1,965,000). CONSULTANT agrees to complete all Basic Services, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, and Additional Services shall not exceed Two Million Sixty-Five Thousand Dollars ($2,065,000). The applicable rates and schedule of payment are set out at Exhibit “C”, entitled “COMPENSATION,” 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. Except as otherwise provided in Exhibit “C”, in order to request payment, CONSULTANT shall submit quarterly invoices to the CITY describing the services performed and the applicable charges set forth in Exhibit “C”. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. Notwithstanding anything in this Agreement or the Exhibits to the contrary, CITY shall pay the applicable fees for the Services to be performed during the first quarter of this Agreement in advance. Accordingly, CONSULTANT will invoice CITY for the Services to be performed during the first quarter of this Agreement on the date that this Agreement is fully executed. The City will pay invoices within thirty (30) days of receipt. If CITY fails to pay any invoice that is past due, CONSULTANT may issue a past due notice to CITY indicating CONSULTANT’s intent to revoke or suspend Services, and if CITY has not paid such undisputed invoice within 10 DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 3 days after receipt from CONSULTANT of such past due notice, CONSULTANT may suspend Services and/or terminate this Agreement in accordance with Section 19.3. 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 6.A. WARRANTIES. 6.A.1. Warranty of Performance. CONSULTANT hereby warrants that when fully implemented, the Services to be configured and provided under this Agreement shall perform materially in accordance with the specifications applicable thereto. With respect to all Services to be performed by CONSULTANT under this Agreement, including the Services outlined in Exhibit A, and any Additional Services, CONSULTANT warrants that it will use reasonable care and skill. All Services shall be performed in a professional, competent and timely manner by CONSULTANT personnel appropriately qualified and trained to perform such Services. 6.A.2. Compliance with Description of Services. CONSULTANT represents and warrants that the software and Services specified in this Agreement, and all updates and improvements to the software and Services, will comply in all material respects with the specifications and representations specified in the scope of work (including performance, capabilities, accuracy, completeness, characteristics, specifications, configurations, standards, functions and requirements) as set forth (i) herein or in any amendment hereto, and (ii) the updates thereto. 6.A.3. Title. CONSULTANT represents and warrants to CITY that, to its knowledge, it is the lawful owner or license holder of all software, materials, and property identified by CONSULTANT as CONSULTANT-owned, and used by it in the performance of the Services contemplated hereunder, and that, to its knowledge, it has the right to permit CITY access to or use of the software and Services and each component thereof. 6.A.4. Warranty of Suitability for Intended Purpose. CONSULTANT warrants that the software and Services will be suitable for the intended purpose of providing the Services described in Exhibit A, and any Additional Services described in the applicable statement of work. 6.A.5. CONSULTANT shall, as its sole obligation and CITY’s sole and DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 4 exclusive remedy for any breach of the warranties set forth in Section 6 or this Section 6A, re- perform the Services or repair the software which gave rise to the breach or, at CONSULTANT’s option, refund the fees paid by CITY for the Services or software which gave rise to the breach; provided that CITY notifies CONSULTANT in writing of the breach within 12 months following performance of the defective Services, specifying the breach in reasonable detail. 6.A.6 EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, THE SERVICES AND SOFTWARE ARE PROVIDED WITHOUT ANY OTHER WARRANTIES OF ANY KIND, CONSULTANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. SECTION 7. COMPLIANCE WITH LAWS; CONFIDENTIAL REQUIREMENTS. 7.1. CONSULTANT shall keep itself informed of and in compliance with all applicable federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 7.2. Definition. “Confidential Information” means all information disclosed by one party (“Discloser”) to the other party (“Recipient”) relating to or disclosed in the course of the performance of this Agreement. Confidential Information includes information that is marked or identified as confidential and, if not marked or identified as confidential, information that should reasonably have been understood by Recipient to be proprietary and confidential to Discloser or to a third party, because of legends or other markings, the circumstances of disclosure or the nature of the information itself. 7.3 Protection. Recipient will not use any Confidential Information of the Discloser for any purpose not expressly permitted by this Agreement, and will disclose Confidential Information only to the employees or, subject to any license restrictions, individual independent contractors of Recipient who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than Recipient’s duty hereunder. Recipient will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. 7.4 Exceptions. Recipient’s obligations under Section 7.3 with respect to any Confidential Information of Discloser will terminate if and when Recipient can document that such information: (a) was already lawfully known to Recipient at the time of disclosure by DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 5 Discloser, (b) is disclosed to Recipient by a third party who had the right to make such disclosure without any confidentiality restrictions, (c) is, or through no fault of Recipient has become, generally available to the public, or (d) is independently developed by Recipient without access to or use of the Confidential Information. In addition, Recipient may disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body, provided that Recipient notifies Discloser of such required disclosure in writing prior to making such disclosure and cooperates with Discloser, at Discloser’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. 7.5 CONSULTANT understands and agrees that the performance of the Services under this Agreement may involve access to CITY data which is Confidential Information. CONSULTANT and any subcontractors or agents shall use Confidential Information only in accordance with all applicable local, state and federal laws restricting the access, use, and disclosure of confidential information and only as necessary in the performance of this Agreement or as otherwise permitted in this Agreement. CONSULTANT shall not use Confidential Information for direct marketing purposes without CITY’s express written consent or as otherwise authorized in this Agreement. CONSULTANT's failure to comply with any such requirements shall be deemed a material breach for which CITY may terminate the Agreement, in addition to any other remedies it may have at law and equity. CONSULTANT agrees to include substantially similar terms and conditions regarding Confidential Information contained in this Agreement in all subcontractor or agency contracts providing services under this Agreement. CONSULTANT shall comply with CITY’s “SOFTWARE as a SERVICE TERMS AND CONDITIONS”, as set forth in Exhibit “E”, attached to and made a part of this Agreement, and, to the extent applicable, with CITY’s “Information Privacy Policy,” as set forth in Exhibit “G”, attached to and made a part of this Agreement. Notwithstanding anything to the contrary in this Agreement, CITY acknowledges that CONSULTANT may collect, compile, synthesize, and modify certain non-personally identifiable data and content made available to it in the course of CITY’s and its users’ access to and use of the software and 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 DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 6 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 except that CONSULTANT may assign this Agreement without CITY’s consent to a successor in interest by way of merger, acquisition, or sale of all or substantially all of its assets, provided, however, that written notification be provided to CITY, within ten (10) days after such assignment, and provided further, any such Assignee shall have affirmatively assumed all of the CONSULTANT’s obligations under this Agreement arising from and after the date of such assignment. 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 in violation of this section 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. Notwithstanding the foregoing, CONSULTANT will not be deemed to have subcontracted under this Agreement by contracting with third party service providers that perform back-office, operational or fulfillment support for CONSULTANT (e.g., print and mail vendors, email or telephonic communication vendors and information technology hosting and infrastructure vendors). 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 Rob Carr as the Program Manager to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 7 CITY’s project manager is Lacey Lutes, Utilities Department, Resource Management Division, 250 Hamilton Ave, Palo Alto, CA 94303, Telephone: 650.329.2241. 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. GRANT OF ACCESS; TITLE; OWNERSHIP OF MATERIALS. 14.1. Grant of Access. Subject to the terms and conditions of this Agreement, CONSULTANT grants CITY a renewable, irrevocable (subject to any termination rights under this Agreement), nonexclusive, royalty-free, and worldwide right to access, display, and use CONSULTANT’s proprietary computer software provided over the internet as part of the Services (the “Software”), during the term of this Agreement and any renewals thereof, if any. 14.2. Software Title. CITY acknowledges that title to any Software shall at all times remain with CONSULTANT, and that CITY has no rights in the Software except those expressly granted by this Agreement. CITY shall not reverse engineer the Software. CITY agrees not to remove or destroy any proprietary markings or proprietary legends placed upon or contained within any Software or any related materials or Documentation by CONSULTANT. 14.3 Ownership of Materials. Excluding CONSULTANT IP (as defined below) 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 specifically and exclusively for City shall be and remain the exclusive property of CITY without restriction or limitation upon their use. Excluding CONSULTANT IP, CONSULTANT agrees that all copyrights which arise from creation of the work product produced specifically and exclusively pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in such work product 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. Notwithstanding anything to the contrary in this Agreement, as between the parties, CONSULTANT retains all copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, contract rights and other proprietary rights in and to any and all tools, routines, programs, designs, technology, ideas, know-how, processes, formulas, techniques, improvements, inventions, software, and works of authorship, and any modifications, improvements, and derivative works thereto: (i) created, developed, owned or licensed by CONSULTANT prior to the effective date of this agreement, (ii) created, developed, owned or licensed by CONSULTANT during the term of this Agreement but outside the scope of this Agreement; or (iii) which have general applicability to CONSULTANT or other clients and customers (collectively, the “CONSULTANT IP”). To the extent any CONSULTANT IP is incorporated into any deliverables and subject to the terms and conditions of this Agreement. CONSULTANT hereby grants CITY a non-exclusive, non-transferable license, without rights to sublicense, to use any CONSULTANT IP that is incorporated into such deliverable solely for CITY’s internal business purposes in connection with the use of such deliverable. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 8 during the term of this Agreement, upon reasonable notice, 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. (a) [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 brought by an unaffiliated third party, 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 any breach of this Agreement by CONSULTANT, its officers, employees, agents or contractors under this Agreement, except to the extent it is caused in part by an Indemnified Party. CITY shall promptly notify the CONSULTANT of any third party challenge and shall cooperate fully in the defense of the third party challenge and give CONSULTANT sole control of the defense thereof and any related settlement negotiations, except that, in no event will CONSULTANT enter into any settlement agreement or consent to the entry of any judgment with respect to any Claim that requires CITY to admit wrongdoing or liability or subjects it to any ongoing affirmative obligations without the written consent of CITY (which consent shall not be unreasonably withheld, conditioned, or delayed). CITY may, at its own expense, employ separate counsel and participate in the defense of any such actions and negotiations. 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. Infringement Indemnity. If notified promptly in writing of any judicial action brought against CITY by an unaffiliated third party based on an allegation that CITY's use of the Software and Services infringes a patent, copyright, or any intellectual property right of a third party, or constitutes misuse or misappropriation of a trade secret, or any other right in intellectual property (collectively, “Infringement”), CONSULTANT will hold CITY harmless DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 9 and defend such action at its own expense. CONSULTANT will pay the costs and damages awarded in any such action or the cost of settling such action, provided that CONSULTANT shall have sole control of the defense of any such action and all negotiations or its settlement or compromise and CITY reasonably cooperates with CONSULTANT, at CONSULTANT’s expense, in the defense and settlement of such claim. If notified promptly in writing of any informal claim (other than a judicial action) brought against CITY by an unaffiliated third party based on an allegation that CITY's use of the Software and/or Services constitutes Infringement, CONSULTANT will pay the costs associated with resolving such claim and will pay the settlement amount (if any), provided that CONSULTANT shall have sole control of the resolution of any such claim and all negotiations for its settlement and CITY reasonably cooperates with CONSULTANT, at CONSULTANT’s expense, in the defense and settlement of such claim. In the event a final injunction is obtained against CITY's use of the Software and Services by reason of Infringement, or in CONSULTANT's opinion CITY's use of the Software and Services is likely to become the subject of Infringement, CONSULTANT may at its option and expense: (a) procure for CITY the right to continue to use the Software and Services as contemplated hereunder, (b) replace the Software and Services with a non-infringing, functionally equivalent substitute Software and Services, or (c) suitably modify the Software and Services to make its use hereunder non-infringing while retaining functional equivalency to the unmodified version of the Software and Services. If none of these options is reasonably available to CONSULTANT, then the applicable or relevant part of Application or Services under this Agreement may be terminated at the option of either Party hereto, and CONSULTANT shall refund to CITY all amounts paid under this Agreement for the license or use of such infringing Software and/or Services. Any unauthorized modification or attempted modification of the Software and Services by CITY or any failure by CITY to implement any improvements or updates to the Software and Services, as supplied by CONSULTANT, shall void CONSULTANT’s obligations under this Section unless CITY has obtained prior written authorization from CONSULTANT permitting such modification, attempted modification or failure to implement. CONSULTANT shall have no obligation under this Section for any claim of Infringement based on CITY's use or combination of the Software and Services with products or data of the type for which the Software and Services was neither designed nor intended to be used. This Section 16.3 states CONSULTANT’s entire liability and CITY’s sole and exclusive remedy for infringement claims or actions, including breach of the warranty under 6.A.3. 16.4. 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 16.A. LIMITATION OF LIABILITY. 16.A.1. Limitation of Liability of CONSULTANT. Notwithstanding any other provision of this Agreement, in no event shall CONSULTANT be liable to CITY, regardless of whether any claim is based on contract or tort, for special, consequential, indirect or incidental damages or for any loss of profit or loss of business by CITY, even if CONSULTANT has been advised of the possibility of any such potential claim, loss or damage. Except as provided in the immediately following sentence, in no event shall the total aggregate liability under this Agreement of CONSULTANT to CITY exceed $1,425,000. CONSULTANT's liability limit set DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 10 forth herein shall not apply to (1) damages caused by CONSULTANT's gross negligence or willful misconduct, (2) CONSULTANT's obligations to indemnify and defend CITY pursuant to Section 16 (“Indemnity”) of this Agreement, and (3) wrongful death caused by CONSULTANT. 16.A.2. Limitation of Liability of CITY. CITY’s payment obligations under this Agreement shall be limited to the payment of the compensation provided for in Section 4 (“Not to Exceed Compensation”) of this Agreement. Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits, arising out of or in connection with this Agreement or the services performed in connection with 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". In addition, CONSULTANT, at its sole cost and expense, shall obtain and maintain a Ten Million Dollar ($10,000,000) cyber liability insurance policy. CONSULTANT and its subcontractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability, cyber liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 11 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 OF AGREEMENT OR SERVICES. 19.1. Termination for Cause and/or Convenience. CITY shall have the right, without further obligation or liability to CONSULTANT: l. To immediately terminate this Agreement upon written notice to CONSULTANT if CONSULTANT commits any breach of this Agreement and fails to remedy such breach within thirty (30) days after written notice by CITY of such breach (30-day cure period), in which event, CONSULTANT shall refund to CITY all amounts paid under this Agreement for the use or license of Software and/or Services that were not provided due to the breach.. At CITY's sole election, the 30-day cure period shall not apply to termination for data breach and/or breach of confidentiality; or 2. To terminate this Agreement upon thirty (30) days prior written notice for CITY's convenience and without cause. In the event CITY terminates for convenience, CITY will remit payment to CONSULTANT for all amounts accrued prior to the effective date of such termination plus $146,500 within 7 days following CONSULTANT’s receipt of the 30-days’ notice to terminate. 19.2. Transition Services and Disposition of Content. Upon expiration or termination of the Services under this Agreement: 1. Upon the effective date of termination, and after any transition period, CONSULTANT may discontinue the Services and CITY shall cease accessing the Software and Services. CONSULTANT shall within fifteen (15) calendar days of the expiration or termination of the Services return CITY Data in an agreed-upon machine readable format. This provision shall also apply to all CITY Data that is in the possession of subcontractors, agents or auditors of CONSULTANT. Such data transfer shall be done at no cost to the CITY. Once CONSULTANT has received written confirmation from CITY that CITY's Data has been successfully transferred to CITY, CONSULTANT shall within thirty (30) calendar days purge or physically destroy all CITY Data from its hosted servers or files and provide CITY with written certification within five (5) calendar days that such purge and/or physical destruction has occurred. Secure disposal shall be accomplished by "purging" or "physical destruction,” in accordance with National Institute of Standards and Technology (NIST) Special Publication 800-88 or most current industry standard. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 12 2. CONSULTANT shall provide to CITY and/or Successor Service Provider assistance requested by CITY to affect the orderly transition of the Services, in whole or in part, to CITY or to Successor Service Provider. During the transition period, Services and CITY Data access shall continue to be made available to CITY without alteration. Such Transition Services shall be provided on a time and materials basis if the CITY opts to return to its own servers or CITY chooses a Successor Service Provider. Transition costs may include: (a) developing a plan for the orderly transition of the terminated Services from CONSULTANT to Successor Service Provider; (b) if required, transferring the CITY Data to Successor Service Provider; (c) using commercially reasonable efforts to assist CITY in acquiring any necessary rights to legally and physically access and use any third-party technologies and documentation then being used by CONSULTANT in connection with the Services; (d) using commercially reasonable efforts to make available to CITY, pursuant to mutually agreeable terms and conditions, any third-party services then being used by CONSULTANT in connection with the Services; and, (e) such other activities upon which the Parties may agree. Notwithstanding the foregoing, should CITY terminate this Agreement due to CONSULTANT's material breach, CITY may elect to use the Software and Services for a period of no greater than six (6) months from the date of termination at a reduced rate of twenty (20%) percent off the then-current charges for the terminated Services. All applicable terms and conditions of this Agreement shall apply to the Transition Services. This Section shall survive the termination of this Agreement. . 19.3. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.4. Upon such termination, CONSULTANT shall comply with the provisions of Section 19.2, above. 19.5. 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, 20, and 25. 19.6. 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: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 13 City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project manager at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person 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: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 14 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 26.1 CONSULTANT is required to pay general prevailing wages as defined in DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 15 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 be deemed to be a part of this Agreement. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 16 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: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 17 CONTRACT No. C20174646 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 APPROVED AS TO FORM: __________________________ City Attorney or designee CONSULTANT SIMPLE ENERGY, INC. Officer 1 By: Name: Yoav Lurie Title: Chief Executive Officer Officer 2 By: Name: Justin Segall Title: President Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E”: SOFTWARE AS A SERVICE TERMS & CONDITIONS EXHIBIT “F”: VENDOR INFORMATION SECURITY ASSESSMENT EXHIBIT “G”: INFORMATION PRIVACY POLICY DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 18 EXHIBIT “A” SCOPE OF SERVICES A. PROGRAM OVERVIEW Capitalized terms in this Scope of Services are defined in the Glossary of Terms located at the end of this Exhibit. Name Energy Insight Program and Marketplace Platform Brief Program Description CONSULTANT, Inc. (“CONSULTANT”) has created a customer engagement and analytics platform for utility customers, with the goal of educating and motivating customers to consume utilities in a more informed and efficient manner. The City of Palo Alto (“CITY”) has contracted with CONSULTANT to implement a customer engagement program for utility customers to achieve energy efficiency, and to provide an online energy usage platform and marketplace for all CITY utility customers (Program). The Program is comprised of the following elements: Energy Insights Portal & Reports o Customer Portal: Online engagement, efficiency tips, and energy consumption and cost profiles for all CITY customers o Customer Letters: Customized communications mailed or emailed to each residential participant o Residential Efficiency Study: Treatment and control group will be maintained throughout the duration of the program and will be studied to determine program energy savings Marketplace Platform o The Marketplace is a CITY -branded eCommerce site where customers can securely purchase energy-related products and services. o The Marketplace will allow customers to browse, compare, and purchase energy- efficient products and services online, with the opportunity for point-of-sale rebates and incentive redemptions, under a known, energy-related brand they trust. B. PROGRAM IMPLEMENTATION AND DELIVERY The following outlines the Program design and implementation plan applicable to CONSULTANT : TASK 1- ENERGY INSIGHTS PORTAL & REPORTS DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 19 The purpose of this Task 1 Scope of Services (“SOS”) is to detail the tasks and responsibilities of CONSULTANT in relation to the initial setup and ongoing operations of the Energy Insights Portal and Energy Insight Reports for use by the CITY customers in CITY’s service territory. Background CITY is partnering with CONSULTANT to deliver Energy Insights Reports and Portal to help customers better understand and make informed decisions about their energy usage. In addition to providing context and recommendations around how to better manage energy, the Program will promote other CITY programs including but not limited to energy efficiency, operational (e.g. sign up for e-bill), and program enrollments, etc. The objective of the Program is to deliver measurable, verifiable energy efficiency (“EE”) savings that meet CITY’s behavioral EE targets in a cost-effective manner. Task 1.1 Behavior Change Program CONSULTANT will deliver the Behavior Change Program via multiple channels – web, email, and mailed paper Energy Insight Reports. Customers will have the option of specifying their preferred communication channel of choice. In partnership with CITY, CONSULTANT will develop welcome documentation for the customers who will be receiving the Energy Insight Reports welcoming them to the program and explaining the benefits and expectations. The Paper and Digital Energy Insights Reports, and Energy Insights Portal will take on CITY’s look and feel. CONSULTANT will review CITY style guide and will configure the Behavior Change Program and all associated communications to match CITY’s desired color scheme and logo. All such configurations require CITY’s written pre- approval. Task 1.2 Online Portal The CONSULTANT will configure and operate its Software as a Service (“SaaS”) online customer engagement platform with the following components: o Energy Insights web portal The portal will display energy costs and consumption for both natural gas and electric, for all of CITY’s rates and customer classes to include, but not limited to demand, power factor, solar net energy metering for all applicable versions, time of use rates, and all published CITY rate schedules. CONSULTANT will use a combination of direct data mapping and calculations to accurately display energy usage component costs per CITY’s rate plans. The energy usage display will include fixed and volumetric billing charges with designated axes and legend labeling associated with each rate schedule. The portal will allow for users to download their data in excel, and if available for a customer to include up to 36 months of historical usage. CITY will review features of graphical displays, including but not limited to labels and disclaimer texts, which may vary amongst commodities. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 20 CONSULTANT will work with CITY to change labels and disclaimer texts to make energy usage and billing presentment clear to customers. o Energy Insights Portal contains the following modules: Home Profile My Energy Action Plan Energy Challenges CONSULTANT will explore an energy challenge lottery in partnership with CITY and IF the parties agree to move forward on such project, negotiate compensation and timeline in accordance with EXHIBIT “C” COMPENSATION: Additional Services. No Additional Services will be binding unless agreed in writing by authorized representatives of each party. Energy Coach CONSULTANT will host for all CITY customers a CITY-branded online web Portal designed to leverage social comparison, social proof, and targeted insights to motivate action and further engagement. It will include normative energy use comparisons, energy savings tips and coaching that include seasonal energy reduction suggestions, energy usage visualization, tips, and challenges. Task 1.3 Paper Reports CONSULTANT will mail Paper Energy Insights Reports to an estimated 10,000 eligible CITY Designated Paper Customers four (4) times per year. Personalized, mailed, paper energy insights reports will be sent to each Designated Customer in the paper-based group. The reports will contain messaging designed to leverage social comparison, social proof, and targeted insights to motivate action and further engagement. It will include normative energy use comparisons, energy savings tips that include seasonal energy reduction suggestions, and recommendations to view energy usage, tips, and challenges on the Energy Insight Portal and the ability to purchase EE Products and Services and earn rewards for energy savings performance. Paper reports also encourage users to activate on the Web Portal. Task 1.4 Digital Reports Digital Energy Insights Reports will be e-mailed to an estimated 10% eligible CITY Designated Digital Customers. The exact mix of Designated Paper Customers and Designated Digital Customers will be determined after evaluation of actual CITY data by CONSULTANT and approval by CITY. Personalized energy reports for each Designated Customer to be emailed six (6) times annually to start (unless otherwise agreed to by both parties in writing) to Designated Digital Customers. The messaging in the Digital Reports will be designed to leverage social comparison, social proof, and targeted insights to motivate action and further engagement. It will include normative energy use comparisons, energy savings tips that include seasonal energy reduction suggestions, options to view energy usage, tips, and challenges on the Energy Insight Portal, and the ability to purchase EE Products and Services, and earn rewards for energy savings performance. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 21 Task 1.5 Efficiency Study A designated control group will be defined for the Energy Insights Reports recipients. Control group customers will not receive Energy Insights Reports, but will have access to the Energy Insights Portal. The treatment group will be no less than 50% of CITY residential customers and will be designated during the program set up phase. CONSULTANT will use a randomized control group design to ensure the energy saved as a result of the CONSULTANT program can be accurately measured and verified. The Residential Recipients receive energy Reports while the Control Group does not. This program design allows CONSULTANT to compare the changes in energy consumption and customer satisfaction of the Recipients versus the Control Group and to provide the CITY with formal statistical results. While the group of Residential Recipients may expand after the first term of the project, only the first group of Recipients is used to measure results. CONSULTANT will report changes in consumption for the Recipient Group versus a randomized Control Group selected from CITY’s entire population of residential households in partnership with CITY water reports program. After three energy Reports have been sent, CONSULTANT will prepare a behavioral energy efficiency report for CITY that details the change in energy usage for the Recipient versus Control Group, and will thereafter provide those results to CITY in quarterly reporting. The behavioral energy efficiency program report shall be performed with a Fixed-Effects regression model using the consumption data for each household in the Recipient and Control Groups. The efficiency report will include percentage savings, and kwh and therm savings at the program level for all months after the first mailed paper energy insights reports were sent. CONSULTANT will continue to measure results after the first term (as long as a Control Group is maintained). Energy Report recipients added to the program after the first term will not be included in the experimental group. CONSULTANT will interface with CITY’s contracted evaluation, measurement and verification firms. CONSULTANT will evaluate Program efficacy for participating customers and conduct follow up surveys. At CITY’s discretion, CITY may direct CONSULTANT to adjust the behavioral energy efficiency study experimental design. If the experimental design is adjusted and there is a cost involved for the adjustment then CITY will use Exhibit C additional services funding. Task 1.6 Energy Education and Marketing Mailers CONSULTANT will mail Energy Education and Marketing Mailers to an estimated 7,000 CITY customers four (4) times per year. Personalized, mailed, paper education and marketing mailers will be only be sent to those customers who are neither in the Efficiency Study Treatment group nor the Control group. Recipients will be outside of the randomized controlled trial. Reports will include energy savings tips that include seasonal energy reduction suggestions, and recommendations to view energy usage, tips, and challenges on the Energy Insight Portal and the ability to purchase EE Products and Services. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 22 TASK 2 MARKETPLACE The purpose of this Task 2 Scope of Services (“SOS”) is to detail the tasks and responsibilities of CONSULTANT in relation to the initial setup and ongoing operations of the Marketplace for use by CITY customers in CITY’s service territory. Background Simple Energy’s Marketplace is an eCommerce platform that enables utility providers to offer customers a branded experience to purchase energy-related products and services. The Marketplace will be CITY-branded and will allow customers to browse, compare, and purchase energy-efficient products and services online, with the opportunity for point-of-sale rebates and incentive redemptions. The Marketplace is designed to evolve over time based on learnings from actual experience, which will contribute to the development of an improved Marketplace product. Task 2.1 Marketplace Platform CONSULTANT will set up and operate the Marketplace on behalf of the CITY, including securing and managing participating marketplace partners. CONSULTANT will host a CITY-branded online Marketplace for the sale of energy-related products and drive Demand Side Management (DSM) program enrollments on behalf of the CITY in accordance with this SOS. The online Marketplace will operate as a direct purchase model (i.e., customers may purchase products and services directly through the Marketplace) that will: o present products categories approved by CITY through a cohesive customer experience; and o facilitate the integration of instant incentives (rebates, cash back refunds, etc.), when available, on qualified products. Configuration of the Marketplace allows for CITY branding on the heading of site and collaboration and approval of product and service categories to be offered. Any additional Branding or user experience (“UX”) changes outside this SOS will be handled via the Additional Services clause in Exhibit “C” COMPENSATION. The online Marketplace will offer products and services. CONSULTANT will ensure all offerings are properly managed, supplied, processed, and delivered through appropriate vendor agreements and third-party contracts. The online Marketplace will provide customers with the ability to directly enroll into CITY DSM programs. The Online Marketplace will facilitate the following types of DSM enrollments: o Energy efficiency - for CITY customer programs. This can include, but is not limited to: weatherization, lighting, comprehensive building assessment and enhancement programs, plug load, demand response or other energy related programs, services or education resources o Sustainability – for CITY customer programs focusing on fuel switching, electrification, electric vehicle related rebate and assistance programs and other sustainability related programs, services or education resources. To the extent CONSULTANT is allowed to do so, CONSULTANT shall inform customers about manufacturer’s warranties available to customers purchasing products on the online Marketplace. CITY, its officers, agents and employees shall not guarantee DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 23 the products or the services, expressly or impliedly. CITY and CONSULTANT can make product warranty information clear to customers on the Marketplace platform and materials, such as within the Frequently Asked Questions (FAQ) page on the CITY-branded Marketplace. Task 2.2 Product Merchandising CONSULTANT will secure participating retail vendors and manage a process for adding and removing vendors post-launch. CONSULTANT and CITY will have the opportunity to review and approve product categories that are sold on the Marketplace prior to the initial launch, per an agreed upon launch schedule. CONSULTANT will ensure that CITY is given a minimum of five (5) business days to consider, comment on, and approve (in writing) the product categories to be sold on the site. CONSULTANT will manage the retail vendor relationships including all necessary contracting, systems integration, and data feed management as it relates solely to order fulfillment and the use of retail vendor branding on the Marketplace and in associated Marketplace marketing. CONSULTANT will source and manage the product merchandising for the Marketplace, including the selection of products offered in the Marketplace, and how those products and services are presented to customers. Task 2.3 Instant Rebates CITY agrees to advance incentive funds to CONSULTANT. CONSULTANT will submit an incentive report at the end of each quarter that reconciles actual eligible incentive sales. CITY will pay CONSULTANT in advance $20,000 in incentive dollars to be managed by CONSULTANT and applied to instant rebate transactions for eligible customer purchases in accordance with this SOS. Pre-funded Incentive Draw Down Account Details o Fulfillment of Instant Incentives: CITY will pre-fund an account owned by CONSULTANT to cover the cost of incentive/rebate payments including an initial deposit of $20,000 to be put towards funding instant online incentives or rebates on Marketplace. CONSULTANT will submit a written request for replenishment of the account to CITY each time the account reaches an amount less than $10,000. CITY will work with CONSULTANT to replenish the rebate fund within 15 business days of CONSULTANT’s written request. o CITY defined incentives will be applied to the cost of qualifying products purchased on the CITY Marketplace at the time of checkout, provided that the customer is eligible for such rebate and agrees to the terms and conditions set forth in said rebate. Definition of available incentives and funding mechanism will be included in the design phase of the project. o Within 30 days of the expiration of this SOS, CONSULTANT will provide to CITY a full accounting with respect to the pre-funded account, detailing all rebate payments made and will return to CITY all remaining funds. Within 12 months of the expiration of this SOS, CONSULTANT will submit to CITY a final accounting confirming a zero balance in the pre-funded account. Validated instant rebate claim records will be submitted to CITY monthly. The approach DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 24 to validate user eligibility can be one of the following methodologies: o Using Rebate eligibility data provided by CITY customers o Validation can be based on: CITY customer utility premise address. o Validation can be based on: CITY customer utility account number. o Validations can be based on: A direct integration with CITY’s rebate data source. In addition, the purchased product must be on CITY’s list of rebate-eligible products. CONSULTANT will submit quarterly batched rebate reports in CONSULTANT standard format detailing customer, product and rebated amount. CONSULTANT will apply instant rebates directly on the Marketplace for customers and products that are validated as rebate-eligible based on rebate eligibility data provided by CITY as defined above. CITY customers will be required to explicitly accept the terms and conditions for the rebate prior to receiving the instant rebate. Task 2.4 Order Fulfillment CONSULTANT will secure fulfillment vendor(s) for approved direct-purchase products, may act as an affiliate referrer for certain product categories or services, or may purchase inventory and act as a fulfillment vendor for selected products itself. Billing invoices and credit card charges will come from and bear the Branding of CONSULTANT, as opposed to CITY. CONSULTANT will charge customers upon verification of shipment from the fulfillment agent or upon CONSULTANT’s shipment of goods purchased, as applicable. CONSULTANT or vendor utilized to process customer payments, will adhere to Payment Card Industry Data Security Standard (“PCI DSS”) requirements. CONSULTANT will manage a return process and directly handle all customer returns, except in the case of defective units which, in some cases, may be directly replaced by the manufacturer. TASK 3 DATA SHARING & INTEGRATION CONSULTANT will configure customer data exchange in coordination with CITY based upon CONSULTANT’s data intake requirements. CONSULTANT and CITY will work together to establish communication protocols, and bulk data file exchanges, if applicable, for data exchange and reporting. All data exchanges will be subject to the terms of the Agreement, including its provisions regarding confidentiality. CITY will share customer account data, usage and billing data, and rebate eligibility data. When interval data becomes available, CONSULTANT will integrate interval data and associated insights into reports and platforms. CITY will provide the data necessary to perform this SOS to CONSULTANT in an agreed-upon data format to enable validation for instant rebating and effective marketing. Necessary data points are listed below: o User Account Data Email Addresses for all active customers when available Phone Numbers for all active customers when available CITY Premise and Billing Addresses Name (e.g. first, last, full) DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 25 Account number o User Usage Data Usage and Billing Data o Program participation and/or eligibility tags if available; customer type tags (gas, electric, water, dual fuel), rebate eligibility indicators CONSULTANT will work with CITY’s online platform host to provide a single sign on (SSO) experience for residential and commercial customers. This integration will require cooperation by CONSULTANT in a timely manner to accomplish agreed upon integration protocol processes. Upon CITY’s request, CONSULTANT will become the SSO host and act as the user authenticator to CITY’s third party efficiency platforms as outlined in the Additional Services clause in EXHIBIT “C” Compensation. Integration Testing: Functional tests ensuring data transfer integration is functional and and that both sides are consuming the data successfully. Formatting and expected returns will be confirmed in this stage. Deployment: Coordinated deployment of the Energy Insights Reports, Energy Insights Portal, and Marketplace to ensure its presence in production in advance of our internal tests, UAT, and GA launch. Testing Support: Tracking of defects submitted both from the utilities tests as well as our internal QA and feedback provided on their resolutions. Post-launch support: Ongoing support including recurring meetings, CS training, and any IT support designed to provide continued functionality and a good user experience. All IT work undertaken by CONSULTANT as part of this scope of services will be reviewed and approved by CITY via User Acceptance Testing (UAT) . CONSULTANT provides a data validation sandbox CITY may test and ensure that data files match CONSULTANT’s formats. CITY must provide sample data that passes the data validation sandbox tests 60 days prior to launch and must provide a full set of production data that passes the data validation sandbox 30 days prior to launch. TASK 4 CONSUMER MARKETING: CONSULTANT will be primarily responsible for email consumer marketing efforts to drive awareness of and visits to the Platform. All email templates will be approved by CITY, in writing, ensuring alignment with CITY Brand and Style guidelines. In addition, CITY will use its existing customer touch-points to drive awareness of and visits to the Platform. Venues are the following: o Direct links from CITY web properties (e.g. website, blog, My Account, etc.) site to Marketplace; o Bill in/on-serts (print and digital); o CITY newsletters (print and digital); o Social media; o Scripting for call center customer service representatives (CSRs); and o Other CITY advertising and/or promotional materials or events. During each phase of the project, CONSULTANT will work with CITY to identify existing CITY customer touch points that can be used to drive Energy Insights portal DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 26 awareness, and will also provide CITY with copy and images on a discretionary basis to deploy across those touch points to drive visits to, and purchases from, the Marketplace platform. CONSULTANT can utilize additional marketing methods beyond email marketing, including paid advertisements, social and public relations, and other online and offline marketing channels, with the approval of CITY Marketing. If there are incremental costs associated with the additional marketing methods, CONSULTANT will seek approval from CITY, and both parties will agree as to how any incremental marketing costs will be shared. These efforts may include but are not limited to: o Pay Per Click o Paid Search o Social Media Marketing o Affiliate Marketing o Traditional Media Advertising o Direct Mail o Incentives for Products o Purchase of Additional Email Marketing Lists o Pop-up Shop Operations CONSULTANT will have permission to use and will use CITY’s Branding for the Energy Insights portal. CONSULTANT will be allowed to identify the portal with CONSULTANT’s trademarks, copyright information, and “Energized by CONSULTANT” logo beacon. For CITY-driven Energy Insights portal marketing campaigns, CITY will make any result metrics and data obtained available to CONSULTANT monthly for the purpose of analyzing marketing effectiveness and providing continued marketing improvement. CITY will also use CONSULTANT-provided tracking links to the Energy Insights portal so CONSULTANT and CITY can measure effectiveness of CITY campaigns. While the Energy Insights Portal will be CITY-branded, it will be reasonably clear to the customer that the Energy Insights Portal is operated by CONSULTANT. CONSULTANT will create a CITY-approved Energy Insights logo for the site header that adheres to CITY brand guidelines. CONSULTANT will, with CITY’s partnership, coordinate, create, and update, as necessary, a combined Marketing Strategy as it relates to the Energy Insights portal, and Marketplace, outlining, at a minimum, customer engagement methods, frequency, targeted audience, themes, and separation of CITY and CONSULTANT responsibilities. CONSULTANT will not use customer email or other customer information (from CITY Data) for any purposes other than Energy Insights portal and Marketplace marketing and supporting the purchase of CITY-approved merchandise, as described in this SOS, or for other approved communication(s) as consented to by the customer in the applicable Terms of Service and Privacy Policy. CITY will have the ability to review and approve the Marketing Strategy and all marketing and customer interfaces and materials during their initial creation and whenever they are revised, per mutual agreement. CONSULTANT may send additional retargeting emails to customers that have purchased or interacted with a previous email to promote additional engagement. Additional marketing channels may include online advertisements, CITY marketing channels and others as determined as mutually agreed upon as part of the ongoing DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 27 marketing plans. CONSULTANT will be allowed to issue a press release announcing the launch of CITY Marketplace within 30 days of contract signature. CITY corporate communications team will be provided draft of press release 15 days prior to release date and will return required edits back to CONSULTANT within 5 business days of release. TASK 5 CUSTOMER SUPPORT CONSULTANT will operate its call center, including phone, live online chat, and email support, from 7 am - 7 pm Mountain Time, Monday through Friday. Customers will be able to leave a message on weekends and after-hours on any channel (online chat, email, phone), and those inquiries will be answered by the next business day. These hours may be amended by written agreement of CONSULTANT and CITY based on call volumes or other relevant factors. Customer inquiries will be handled and directed in the following manner: o CONSULTANT service team will handle inquiries that relate to the operation of the Energy Insights portal and Marketplace, the purchase and fulfillment of products, or other general inquiries; o CITY customer service team will handle inquiries that relate to other CITY programs or general inquiries not within CONSULTANT’s scope; o Customer inquiries that relate to installation or particular device features will be handled by the CONSULTANT services team where they will address general inquiries and otherwise directed to the appropriate device manufacturer; and o All other inquiries will start with CONSULTANT. The Customer Support (“CS”) Annual Scope will be revisited by CONSULTANT and CITY annually, starting with the Statement of Work (SOS) execution date and following a 12-month cadence thereafter. CS Annual Scope (included in the Information Services License Fee as spelled out in the Contract) Annual Activities Cap Chat Allowance (Number of Chat Tickets) 3000 Voice Allowance (Number of Call Tickets) 3000 Email/ Text Allowance (Number of Email Tickets) 1,500 CONSULTANT will advise CITY once a 90% threshold of the CS Annual Scope activity cap has been reached. The activity data will be captured using CONSULTANT’s Zendesk customer support tool. Task 6 Reporting CONSULTANT will provide the following reporting to the CITY as part of the Program: DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 28 No less than monthly periodic program reports including program status, highlights and key metrics, such as o Program KPIs Emails delivered Open rates Click-through rates Opt-out rates Sales by product category and product type Rebate redemptions Product roadmap updates Program performance against mutually agreed upon program Key Performance Indicators (KPIs). o Customer Service Reporting Quarterly Executive Status and regulatory reports, including: o Executive summary o Program performance versus agreed to KPIs, including steps being taken to address any discrepancies between actual and target KPIs o Key action items, issues and risks to the Program o Customer related feedback A final report, including o Program Overview and Highlights o Executive Summary o Program Description including participant breakdown and platform users o Results and Conclusions regarding program performance vs. KPIs CITY and CONSULTANT will mutually agree upon the format of all reports described in this SOS and the type of information to be provided in such reports. In addition to the requirements for invoices set forth in Section 5 of the Agreement, CONSULTANT will upload reports into CITY’s reporting database on a monthly basis in order to complete invoicing when database becomes available. CONSULTANT will use commercially reasonable efforts to respond to ad-hoc data requests by CITY. CONSULTANT agrees to work with CITY to respond to CPUC, NCPA, CARB, CEC or other Federal, State or local data requests or reporting requirements. CONSULTANT will maintain electronic copies of invoices for three years as required by the CITY. Task 7 Training CONSULTANT will train and provide documentation to CITY CSRs. One live training for CITY customer services staff to help them understand the program, manage customer experience and support first-call-resolution and short handle times. The training will be recorded for future use. Location of training will be defined by CITY. o User guides FAQs and scripts for CITY CSRs o Established CITY Support Services processes to assess level of response and action required DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 29 o Email, phone and online chat support provided during call center support hours of 7am MST to 7pm MST Monday through Friday. TASK 8 CITY REQUIREMENTS CONSULTANT and CITY project teams will work cooperatively to ensure that tasks/subtasks are completed successfully on time. CITY will commit adequate subject matter experts to the team to support program timelines and provide the level of detail required to complete the Program. CONSULTANT will escalate any subject matter resource availability issues to CITY for immediate resolution. CITY will be available to provide inputs and review of the Program. In addition, CITY stakeholders will actively participate and make decisions, as reasonably required. CITY management will actively participate in planning and execution activities as reasonably required (i.e., working sessions/meetings and deliverable reviews) and in defined meetings in Section 8. CITY representatives and the CONSULTANT project management team will hold monthly program assessment meetings for program performance, project status, feedback, issue resolution and budget updates. The CITY project lead, or applicable CITY representative, will coordinate and consolidate all of the project team comments on draft document deliverables to provide a single redline for CONSULTANT to make updates to the final document deliverables. TASK 9 PROGRAM TERMINATION The CONSULTANT will use commercially reasonable efforts to resolve all outstanding orders, reports, and transactions in progress, as well as customer complaints. 1. Glossary of Terms Capitalized terms not defined herein will have the meanings defined in the Agreement. Other capitalized terms are defined in this Scope of Services. The following capitalized terms as used in this Scope of Services (SOS) have the meanings set forth below. “Activation” will mean the process by which a Designated Customer logs in to the Platform for the first time. “Behavior Change Program” will mean the use of the Software to encourage energy savings and program participation for CITY Customers. “Brand” or “Branding” means any one or more of the trademarks, service marks, trade names, domain names, logos, business and product names, slogans, and registrations and applications for registration thereof owned by the respective party as of the Effective Date and provided hereunder. “Campaign” is a specific, defined series of activities used for marketing a new or changed product or service, or using new marketing channels and methods. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 30 “CITY” means the City of Palo Alto, or City of Palo Alto Utilities “Content” means any data, results, ideas, plans, sketches, texts, files, links, images, photos, video, sound, inventions (whether or not patentable), notes, works of authorship, articles, feedback, or other materials, including, without limitation, statistics, analyses and forecasts, and any similar information that is either owned or licensed by CONSULTANT and that CONSULTANT makes available through the Services. “Control Group Customer(s)” will mean a statistically relevant portion of Eligible Customers selected in coordination with the CITY’s independent measurement and verification CONSULTANT for the purposes of measurement and verification, as mutually agreed by CITY and CONSULTANT. CITY and CONSULTANT will mutually agree to a statistically relevant number of customers to be included outside of the Designated Customers to ensure the ability to measure comparative results between targeted and non-targeted customer groups. “Customer” means a CITY customer. “Designated Digital Customer” will mean an eligible CITY customer that receives emailed Digital Energy Insights Reports and who will have access to the Energy Insights Portal and be a participant in the Treatment Group. “Designated Paper Customer” will mean an eligible CITY customer that receives mailed Paper Energy Insights Reports and who will have access to the Energy Insights Portal and be a participant in the Treatment Group. “Documentation” means text and/or graphical materials, whether in print or electronic form, that describe the features, functions and use of those Services accessed through the Platform, which materials are designed to facilitate use of the Platform. “Effective Date” is the date of the last signatory of this SOS. “Energy Insights Portal” will mean all components of CONSULTANT’S hosted Software Service and including Energy Insights, Energy Challenges, Rewards, Energy Coach and My Energy Action Plan. “Energy Insights Portal Launch” means the date the Energy Insights Portal will be online, fully functional, and available to customers. “Energy Insights Report” means the mailed and emailed reports prepared by CONSULTANT and delivered to the Designated Customers describing those customers’ energy consumption including normative and social comparison information, targeted tips and advice, program offerings, and competitive results. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 31 “Energy Insights Reports Launch” means the date the Energy Insights Reports will be available to mail and email to customers. “Evaluation, Measurement & Verification” or “EM&V” will mean the method used to determine and validate energy and demand savings delivered by the Program. “Force Majuere” refers to an event outside of the CONSULTANT and CITY’s control that could not be evaded through the exercise of due care, that prevents the parties from fulfilling a segment of the contract. “License Term” means the period of time that CONSULTANT hosts the Platform. Such term will begin on Effective Date of the Agreement. “License Term Year” means each 12-month period of the License Term. “Marketplace” means the CITY (“CITY”) branded configuration of Platform to service CITY customers and to make energy-related products and services available for purchase. “Other Customer” will mean any customer that is not a Control Group Customer, Designated Digital Paper Customer, or Designated Paper Customer. These customers will have access to the Energy Insights Portal, but will not receive Energy Insights Reports. “Platform” means CONSULTANT’s proprietary software-as-a-service platform utilized by CONSULTANT to provide energy efficiency products and services. “Program Launch” means the date the Marketplace will be online, fully functional, and available to customers. “Rebate Validation Engine” is CONSULTANT’s proprietary technology which validates customer’s eligibility based upon CITY’s eligibility criteria, customer files, and rebate logic in real time. “Services” will mean the work performed by CONSULTANT for CITY as defined in this Statement of Work. “Simple Energy” means Simple Energy, Inc., hereby referred to as “CONSULTANT”. “Treatment Group” will mean the number of customers initially targeted with Energy Insights Report communications on an opt-out basis. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 32 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. CITY acknowledges and agrees that CONSULTANT’s ability to successfully perform the Services in a timely manner is contingent upon its receipt of the necessary cooperation and resources specified in the Statement of Services and CONSULTANT shall have no liability for deficiencies in the Services resulting from CITY’s failure to provide the same. Task Timing (Due Date) TASK 1 – ENERGY INSIGHTS PORTAL & REPORTS Task 1.1 Within 90 days after NTP, and ongoing Task 1.2 Within 90 days after NTP, and ongoing Task 1.3 Within 120 days after NTP, and quarterly thereafter Task 1.4 Within 120 days after NTP, and bi-monthly thereafer Task 1.5 Ongoing Task 1.6 Within 120 days after NTP, and quarterly thereafter TASK 2 – MARKETPLACE Task 2.1 Within 90 days after NTP, and ongoing Task 2.2 Within 90 days after NTP, and ongoing Task 2.3 Within 90 days after NTP and ongoing Task 2.4 Within 90 days after NTP and ongoing TASK 3 – DATA SHARING & INTEGRATION Task 3 Within 90 days after NTP and ongoing TASK 4 – CONSUMER MARKETING Task 4 As-Needed TASK 5 – CUSTOMER SUPPORT Task 5 Within 90 days after NTP and ongoing TASK 6 – REPORTING Task 6 Within 120 days after NTP, and ongoing as outlined in Exhibit “A” SOS TASK 7 - SUBMIT FINAL PROGRAM REPORT Task 7 Within 90 days after NTP and ongoing as-needed TASK 8 - TRAINING Task 8 Ongoing TASK 9 - TERMINATION Task 9 Within 30 days of termination notice OR 30 days prior to contract expiration DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 33 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 task-based rate schedule shown below in Table C-1 up to the not to exceed budget amount for each task set forth below. All fees, including those in the budget schedule, are exclusive of all sales, use, and other taxes and similar charges, applicable to the transaction contemplated by this Agreement (except for taxes based on CONSULTANT’S net income). 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, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. Following execution of this Agreement and the initial invoice that is due in advance, the CONSULTANT will invoice the CITY quarterly on the 1st day of the last month of each respective calendar quarter as listed Table C-2 below. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 34 Table C-1 Compensation Program Category Year 1 Year 2 Year 3 Year 4 Year 5 Energy Insight Implementation, Program and Data Management Fees $25,000 $25,000 $25,000 $25,000 $25,000 Energy Insight License Fee $140,000 $140,000 $140,000 $140,000 $140,000 Energy Education and Marketing Mailers $28,000 $28,000 $28,000 $28,000 $28,000 Marketplace Implementation and Data Management Fee $25,000 $25,000 $25,000 $25,000 $25,000 Marketplace License Fee $75,000 $75,000 $75,000 $75,000 $75,000 Rebate Funding Marketplace Pass Through Rebate Funds $100,000 $100,000 $100,000 $100,000 $100,000 $393,000 $393,000 $393,000 $393,000 $393,000 $1,965,000 $100,000 $2,065,000 Additional Services Total Energy Insights Portal and Reports Marketplace Annual Sub-Total Sub-Total DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 35 Table C-2 Allocation Of Payments 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, for such services. 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. Energy Insight Implementation, Program and Data Management Fees Energy Insight License Fee Energy Education and Marketing Mailers Marketplace Implementation and Data Management Fee Marketplace License Fee TOTAL Upon Contract Execution $6,250 $35,000 $7,000 $6,250 $18,750 $73,250 Each quarter after launch $6,250 $35,000 $7,000 $6,250 $18,750 $73,250 DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 36 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 DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 37 THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 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: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 38 EXHIBIT “E” SOFTWARE AS A SERVICE SECURITY AND PRIVACY TERMS AND CONDITIONS This Exhibit shall be made a part of the City of Palo Alto’s Professional Services Agreement or any other contract entered into by and between the City of Palo Alto (the “City”) and Simple Energy, Inc. (the “Consultant”) for the provision of Software as a Service services to the City (the “Agreement”). In order to assure the privacy and security of the personal information of the City’s customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons and other individuals and businesses, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the “Consultant”) and its subcontractors, if any, including, without limitation, any Information Technology (“IT”) infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit A, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City’s customers. The Consultant shall fulfill the data and information security requirements (the “Requirements”) set forth in Part A below. A “secure IT environment” includes: (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant’s operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services designed to ensure a secure and reliable environment and service availability to the City. “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the “Alternate Requirements” as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the “ISM”). Part A. Requirements: The Consultant shall at all times during the term of any contract between the City and the Consultant: (a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) To the extent applicable, Comply with the City’s Information Privacy Policy attached as DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 39 Exhibit G to the Agreement. (c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following: http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=5029 7 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role. (e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels. (f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees’ personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated. (g) Provide a list of IT infrastructure components on Consultant’s premises in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role-base access control (“RBAC”) and segregation of duties (“SoD”) mechanisms for all personnel, systems and software used to provide the Services. “RBAC” refers to a computer systems security approach to restricting access only to authorized users. “SoD” is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors. (i) Reasonably assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services’ environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry standard practices applicable to secure coding and secure IT architecture. (j) Provide and maintain secure intersystem communication paths designed to ensure the confidentiality, integrity and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging. (m) Notify the City within 24 hours after detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City if Consultant is aware that any third party service provider(s) do not meet(s) all of the Requirements. (o) Perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City’s performance of random site security audits at the Consultant’s site(s), including, to the extent offered by Consultant’s third party service provider(s) for no additional fee, DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Professional Services Rev. April 27, 2018 40 Consultant will use commercially reasonable efforts to provide City the right to audit the site(s) of Consultant’s third party service provider(s), as applicable. The scope of these audits will extend to the Consultant’s and, to the extent offered by Consultant’s third party service provider(s) for no additional fee, Consultant’s will use commercially reasonable efforts to provide City the right to audit the third party service provider(s)’awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Reasonably cooperate with the City to take steps designed to ensure that to the extent required by applicable laws, rules and regulations, the Confidential Information will be accessible only by the Consultant and any authorized third party service provider’s personnel. (r) Perform regular, reliable secured backups of all data needed to maximize availability of the Services. (s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. (t) Maintain the Confidential Information in accordance with applicable federal, state and local data and information privacy laws, rules and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient. (v) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City’s IT environment, including, without limitation, IT infrastructure communications. Part B. Alternate Requirements: DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 1 of 15 Version 2.0 Vendor Information Security Assessment (VISA) Questionnaire Purpose: This Vendor Information Security Assessment (VISA) Questionnaire requests information concerning a Cloud Service Provider (the Vendor), which intends to provide to the City of Palo Alto (the City) any or all of the following services: Software as a Service (SaaS); Platform as a Service (PaaS); and Infrastructure as a Service (IaaS). Note/Instructions: SaaS, PaaS and IaaS are each a ‘cloud’ servicing model, in which software and database applications, computer network infrastructure and/or computer hardware/software platforms is/are hosted by the Vendor and made available to customers interconnected to a network, typically to the Internet. This Questionnaire is for the sole use of the intended Vendor and may contain confidential information of individuals and businesses collected, stored, and used the City. Any unauthorized collection, storage, use, review or distribution may be prohibited by California and/or Federal laws. If you are not the intended recipient of this Questionnaire, please contact the sender by e-mail and destroy all copies of the Questionnaire. The Vendor shall provide answers to the questions or information to the requests provided below. In the event that the Vendor determines that it cannot meet the City’s security and or privacy requirements, the Vendor may submit a request for an exception to the City’s requirements and propose alternative countermeasures to address the risks addressed in this Questionnaire. The City’s Information Security Manager (ISM) may approve or reject the exception request, depending on the risks associated with the exception request. Upon receipt of the Vendor’s response, the ISM will conduct a security risk assessment, using the following scoring methodology: A = Meets completely. B = Partially meets. The Vendor may be required to provide additional requested information. C = Doesn’t meet. The Vendor may be required to provide missing/additional detail. Vendor Information: Vendor Organization Name Simple Energy, Inc., LLC Address 1215 Spruce Street, Suite 300, Boulder, Colorado, 80301 Information Security Contact Person Name Jim Turpin, VP Engineering Email jim@simpleenergy.com Phone (303) 818-9332 Date this Questionnaire Completed 01/29/2019 DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 2 of 15 Version 2.0 1.0 BUSINESS PROCESS AND DATA EXCHANGE REQUIREMENTS # Question Response from the Vendor Score Additional Information/Clarification Required from the Vendor 1.1 Please provide a detailed description of the Vendor’s business process that will be supported by it, as this relates to the proposed requirements of the City’s RFP or other Business Requirements Document (BRD) Simple Energy will provide its software as a service (SaaS) solutions to the City of Palo Alto to deliver a behavioral energy efficiency (BEE) program that includes comparative usage home energy insights reports and an electric usage engagement portal, Engage. Simple Energy will also deliver its Marketplace solution, which is an online ecommerce website where customers can research energy related products and services, and validate their eligibility in real-time for incentives/rebates at the point of purchase. The Marketplace can also be used for energy efficiency and demand response program enrollments. 1.2 Has the Vendor adopted and implemented information security and privacy policies that are documented, are accessible to the City, and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards? Simple Energy has information security and privacy policies documented. These policies are accessible by the City and may be viewed upon request. 1.3 What data exchange will occur between the City and the Vendor? What data will be stored at the Vendor’s or other third party’s data storage location? (Provide data attributes with examples) Example: (Payment Card The City will establish an iterative data feed with Simple Energy to exchange personal information (customer name, account number, premise address, email) along with electric usage information. The customer and usage data will be used in the delivery of the City of Palo Alto’s DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 3 of 15 Version 2.0 Information, Social Security Number, Driving License number Patrons Name, Address, telephone etc.), which are examples of personal information, the privacy of which are protected by California constitutional and statutory law. BEE/Engage and Marketplace solutions. Specifically, electric usage data will be used in the Engage portal and mailed home energy insights reports to exibit usage and comparative usage analytics. Customer premise address and account number will be used within Marketplace to confirm a customer’s eligibility for incentivized products and services. All of the City of Palo Alto customer data and usage data will be securely stored at all times (at rest & in transit) within Simple Energy’s S3 datastores within Amazon Web Services (AWS). 1.4 In the event that the Vendor is required to store Private Information (PI), Personally Identifiable Information (PII), or Sensitive Information (SI) (collectively, the Information) about individuals in the service provider’s business systems, how does the Vendor maintain the confidentiality of the Information in accordance with applicable federal, state and local data and information privacy laws, rules and regulations? Simple Energy leverages best in class 3rd party storage providers to contain and secure our databases and systems. Specifically, Simple Energy uses Amazon Web Services S3. Please refer to the following location for more information on the standards and certifications maintained. https://aws.amazon.com/compliance/programs/ 1.5 What mechanism and/or what types of tool(s) will be used to exchange data between the City and The Vendor? Example: (VPN, Data Link, Frame Relay, HTTP, HTTPS, FTP, FTPS, etc.) Simple Energy typically recommends the use of secure file transfer protocals (SFTP) to exchange data with its utility partners. In addition, we have integrated and established iterative data exchanges with utilty partners using an application programming interface (API). DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 4 of 15 Version 2.0 1.6 What types of data storage (work in progress storage and backup storage) are present or will be required at the Vendor’s site? Example: (PCI Credit Card Info, SSN, DLN, Patrons Name, Address, telephone etc.) The following type of data are stored and backed up within Simple Energy’s systems: customer name, account number, premise address, email, and electric usage data. 1.7 Is e-mail integration required between the City and the Vendor? Example: The provision of services may require the City to provide the Vendor with an e-mail account on the City’s e–mail server. No, not required. 1.8 Has the Vendor ever been subjected to either an electronic or physical security breach? Please describe the event(s) and the steps taken to mitigate the breach(es). What damages or exposure resulted? Are records of breaches and issues maintained and will these records be available for inspection by the City? No, never. 1.9 Does the Vendor maintain formal security policies and procedures to comply with applicable statutory or industry practice requirements/standards? Are records maintained to demonstrate compliance or certification? Does the Vendor allow client audit of these records? NOTE: PLEASE PROVIDE SUPPORTING DOCUMENTATION. Yes, please refer to the attached PDF entitled, “Simple Energy Confidential Info Sec,” which includes details on our standard and practices. These are available to the City and may be audited upon request. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 5 of 15 Version 2.0 2.0 What are the internet and the browser security configurations for the cloud application? What security standards and requirements does the Vendor maintain to ensure application security at the user interface? (A set of detailed documentation should be provided to support the compliance. Simple Energy follows industry best practice for securing all user facing cloud applications. Documentation for compliance can be found on our provider’s websites: https://www.shopify.com/pci-compliant https://stripe.com/docs/security/stripe https://aws.amazon.com/compliance/programs/ 2.0 APPLICATION/SOLUTION CONFIGURATION # Question Response from The Vendor Score Additional Information/Clafication Required from The Vendor 2.1 What is the name of the application(s) that the Vendor will host in order to provide services to the City? (List all) Marketplace (Hosted eCommerce solution) Engage (Hosted Behaviroal Energy Efficiency and Home Energy Reporting solution) 2.2 What functionality will be provided to the City’s employees or the City’s customers or other recipient of City services through the application? Marketplace will provide the following functionality: Multi-channel consumer marketing eCommerce storefront and transactional platform Rebate eligibility verification Instant Rebates Managed fulfillment Customer support (online chat, phone, DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 6 of 15 Version 2.0 email) Engage will provide the following functionality: City-branded Engage portal Electric usage data presentment Electric usage data analytics and comparative analytics Home Profile Energy Challenges Home Energy Reports 2.3 Will the Vendor use a subcontractor and/or a third party service provider? (List all). If yes, then what data privacy and information security agreements are in place between the Vendor and any subcontractor/third party to ensure appropriate and accountable treatment of information? Note the City requires each subcontractor and/or third party to complete this Questionnaire. Simple Energy proposed solutions for the City will not use subcontractors nor third party service providers. 2.4 What is the Vendor's application(s) hosting hardware and software platform? Provide a detailed description, including SP [what’s this, Raj?] and a patch or security applications in use. Example: Windows or Unix Simple Energy uses AWS for the infrastructure and a combination of serverless (lambda) and Debian based linux systems. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 7 of 15 Version 2.0 Operating System (OS) and other detail. 2.5 How does the Vendor’s application and database architecture manage or promote segregation of the City's data (related to its function as a local government agency) from the data of individuals providing services to or receiving services from the City? For server access: Our servers use certificate-based authentication, which requires a public/private key match, along with a password that is at least 8 characters in length. We utilize AWS for server hosting and multi-factor authentication is required for access to AWS resources. 2.6 Describe the Vendor’s server and network infrastructure. Please provide server and network infrastructure deployment topology, including data flow architecture including but not limited to security management applications, firewalls, etc. Simple Energy maintains a software-configurable identity management system which allows engineering employees to log into servers, however employees must utilize a VPN, which is managed manually within the company to ensure employees are given minimal access. The VPN times out after eight hours are requires re-authentication. 2.7 Please provide a detail proposed solution that will be developed as a part of the Vendor’s implementation to support this project. (For example detailed solution architecture, secured data flow to support business processes, etc.). Please refer tp the attached PDF entitled, “Simple Energy Confidential Info Sec,” which includes a diagram with solution architecture and data flows. Additional solution architecture and business process information can be shared upon request. 3.0 DATA PROTECTION DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 8 of 15 Version 2.0 # Question Response from the Vendor Score Additional Information/Clafication Required the Vendor 3.1 What will be the medium of data exchange between the City and Vendor? Most commonly SFTP servers or S3 buckets are used. If available, we can also use an API. 3.2. How will the data be kept secure during the data exchange process? Example: (VPN, Data Link, Frame Relay, HTTP, HTTPS, FTP, FTPS, etc.) HTTPS/SSL wil be used for transmission. Our file system that hosts data is encrypted. 3.3 How will the City’s data be kept physically and logically secure at the Vendor’s preferred storage location? Example: Locked storage, Digitally, Encrypted etc. AWS provides secure servers. More information can be found here: https://aws.amazon.com/compliance/data-center/controls/ 3.4 What application level protections are in place to prevent the Vendor’s or a subcontractor/third party’s staff member from viewing unauthorized confidential information? For example, encryption, masking, etc. Simple Energy maintains a software-configurable identity management system which allows engineering employees to log into servers, however employees must utilize a VPN, which is managed manually within the company to ensure employees are given minimal access. The VPN times out after eight hours are requires re- authentication. 3.5 What controls does the Vendor exercise over the qualification and performance of its team? Of their subcontractor/third party’s team(s)? (For example criminal background verification prior to employment, providing security training after All employees must pass a background check before being hired and able to begin work at Simple Energy. Simple Energy restricts access to confidential data and employees must request access to that data. Only minimal access is given (ie, perhaps an DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 9 of 15 Version 2.0 employment and managing Role Based Access Control (RBAC) during employment and network and application access termination upon employment termination. employee only needs read-only access to data), and access is revoked as soon as their job function no longer requires they have access to that data. Furthermore all access is logged on a per user basis. 4.0 DATA BACK-UP # Question Response Score COPA’s Security Assessment 4.1 What are the Vendor’s method(s) used to keep data secured during the data backup process? Data within our database is encrypted at rest. SHA256 encryption is used. Each tenant has a unique encryption key. Simple Energy generates all keys for it's storage solution. 4.2. Is the Vendor’s encryption technology used to encrypt whole or selective data? Whole 4.3 What types of storage media will the Vendor use for data backup purposes? For example, Tape, Hard Disk Drive or any other devices. Simple Energy utilizes S3 and Glacier for their backup solution. This provides 99.999999999% durability and encryption in both transit and at rest. 4.4 Are the Vendor’s backup storage devices encrypted? If ‘yes,’ please provide encryption specification, with type of encryption algorithm and detail process of encryption handling. If ‘no,’ provide a detailed description (with process, tools and technology) to keep data Yes. Data within our database is encrypted at rest. SHA256 encryption is used. Each tenant has a unique encryption key. Simple Energy generates all keys for it's storage solution. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 10 of 15 Version 2.0 secured during the back-up process. 5.0 DATA RETENTION # Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 5.1 What is the Vendor’s retention period of the backed up data? The data retention process shall comply with the City’s data retention policy. [does the Vendor know what this is?] Please refer to the attached PDF entitled, “Simple Energy Confidential Info Sec,” which includes information about our data backup. Additional information about backup and retention policies can be shared upon request. 5.2 Are the data back-up storage media at the Vendor’s location or other third party location? Data back-up storage media are located within secure data centers. 5.3 If the Vendor’s backup storage devices are stored with another company, please provide: a. Company Name: b. Address: c. Contact person detail (Phone and Email): d. What contractual commitments are Further information on the services provided by AWS S3 can be found here: https://aws.amazon.com/compliance/data- center/controls/ DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 11 of 15 Version 2.0 in place to guarantee security performance from these vendors 5.5 What is the media transfer process (I.e. The lock box process used to send tapes off-site)? Media Transfter process is covered in Simple Energy’s Business Continunity Plan. 5.6 Who has access to the data storage media lockbox(es)? (Provide Name and Role) VP of Engineering – Jim Turpin Chief Technology Officer – Jen Kinney 5.7 Who on the Vendor’s staff or subcontractor/third party’s staff is/are authorized to access backup data storage media? (Provide Name and Role) VP of Engineering – Jim Turpin Chief Technology Officer – Jen Kinney 5.8 What is the backup data storage media receipt and release authorization process(es)? (Please submit a soft copy of the process) Receipt and Release is covered in Simple Energy’s Business Continunity Plan. 6.0 ACCOUNT PROVISIONING AND DE-PROVISIONING (The Vendor must receive formal pre-authorization from the City’s Information Security Manager prior to provisioning and de-provisioning of application access account). # Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 6.1 What is the account provisioning/removal process? Example: how are users accounts created and Employees who access data are interviewed about why they need access to data, and are only given the minimal access they need to perform the duties of their job. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 12 of 15 Version 2.0 managed?) 6.2. What is the account deprovisioning/removal process? Example: how are users accounts created and managed?) Employees who leave the company are removed from our systems upon termination of their employment per our exit process 6.3 How will the City’s employees gain access to required application(s)? Users must be authorized by a role-based system with two-factor authentications for designated Simple Energy, Palo Alto internal users and system administrators. 6.4 Does the application(s) have the capability to restrict access only from the City’s WAN (Wide Area Network)? Our platform is available from the internet for all consumers to access it and cannot be restricted by IP Address. 7.0 PASSWORD MANAGEMENT # Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 7.1 What will be the policy and/or procedures for the logging, authentication, authorization and password management scheme? (Please provide a soft copy of the process) Please refer to the attached PDF entitled, “Simple Energy Confidential Info Sec,” which includes information about our logging and authentication. Additional information can be provided upon request. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 13 of 15 Version 2.0 7.2. Where will the login and password credentials be stored? With the SSO provider 7.3 Are the password credentials stored with encryption? If ‘yes,’ please provide encryption scheme detail. Simple Energy prefers to use SSO and all credentials are stored with the SSO provider 7.4 The Vendor’s application must comply with the following password requirements. Does the Vendor’s application meet these requirements? 1. First time password must be unique to an individual and require the user to change it upon initial login. 2. If the password is sent via plain text e-mail to the City employee to mitigate security exposure. 3. The City requires first time password to have a time-out capability of no more than 7 days. 4. The e-mail notification must not be copied to anyone except the user. 5. The permanent/long term password must Yes DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 14 of 15 Version 2.0 be changed frequently (at least TWICE a year) 6. E-mail notification must be sent to the user whenever the password has been updated. 7. User should not be able to view data or conduct business unless an initial password has been updated with a different password. 8. The Vendor shall inform the City’s users that, when a new password is created, the user shall not use the City’s LDAP password. [what’s LDP? Spell out, don’t use acronyms] 9. The password must have 8 or more alphanumeric (/) characters and it must contain at least one character from each of the bullets noted below (i.e. each line shall contribute at least one character): abcdefghijklmnopqrstu DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 15 of 15 Version 2.0 vwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ 0123456789 !@#$%^&*()-+=`~,></\"'?;:{[}] --------------------------------------------------- End Of Document -------------------------------------------------- DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A Information Privacy Policy Release and Version: 1st Release, Version 2.2 Release Date: 31 January, 2013 Document Classification: Need to Know DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 1 of 8 Version 2.2 31 January, 2013 CONTENTS DOCUMENT CONTROLS........................................................................................................................................... 2 CHANGE RECORD .................................................................................................................................................. 2 APPROVAL ............................................................................................................................................................. 2 DISTRIBUTION ........................................................................................................................................................ 2 1. OBJECTIVE ................................................................................................................................................... 3 A) INTENT .......................................................................................................................................................... 3 B) SCOPE .......................................................................................................................................................... 3 C) CONSEQUENCES............................................................................................................................................ 3 D) EXCEPTIONS.................................................................................................................................................. 3 E) MUNICIPAL ORDINANCE .................................................................................................................................. 4 2. RESPONSIBILITIES OF CITY STAFF ................................................................................................................. 4 A) RESPONSIBILITY OF CIO AND ISM .................................................................................................................. 4 B) RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE ............................................................... 4 C) RESPONSIBILITY OF USERS ............................................................................................................................ 4 D) RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS .................................................................... 5 E) RESPONSIBILITY OF AUTHORIZATION COORDINATION ...................................................................................... 5 3. PRIVACY POLICY .......................................................................................................................................... 5 A) OVERVIEW..................................................................................................................................................... 5 B) PERSONAL INFORMATION AND CHOICE ............................................................................................................ 5 C) METHODS OF COLLECTION OF PERSONAL INFORMATION .................................................................................. 5 D) UTILITIES SERVICE ......................................................................................................................................... 6 E) PUBLIC DISCLOSURE ...................................................................................................................................... 6 F) ACCESS TO PERSONAL INFORMATION ............................................................................................................. 6 G) SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE ...................................................................................... 6 H) DATA RETENTION / INFORMATION RETENTION ................................................................................................. 7 I) SOFTWARE AS A SERVICE (SAAS) OVERSIGHT ................................................................................................ 7 J) FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 (FACT) .................................................................. 7 4. CONTACTS ................................................................................................................................................... 8 DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 2 of 8 Version 2.2 31 January, 2013 DOCUMENT CONTROLS Document Title Information Privacy Policy Location City of Palo Alto Website and SharePoint Document Author Raj Patel Document Manager Raj Patel Contributors Jonathan Reichental, Shiva Swaminathan, Tom Auzenne, Joe Blackwell, Grant Kolling CHANGE RECORD Date Author Version Change Reference 12-Jul-12 Raj Patel 0.01 First draft developed 26-Sep-12 Raj Patel 1.0 First draft released for review 09-Nov-12 Raj Patel 1.5 Updated first draft for review 19-Nov-12 Raj Patel 1.6 Additional updates as identified 22-Nov-12 Raj Patel 1.7 Revised table of content 26-Nov-12 Raj Patel 1.8 Revised followed by review from Jonathan Reichental and Tom Auzenne 6-Dec-12 Raj Patel 1.92 Revised according to comments from Jonathan Reichental 14-Jan-13 Raj Patel 2.0 Revised according to comments from Grant Kolling 31-Jan-13 Raj Patel 2.2 Revised according to recommendations from Information Security Steering Committee APPROVAL Date Name Role Comments 06-Dec-12 Raj Patel Information Security Manager; Information Technology Department Approved 06-Dec-12 Jonathan Reichental CIO; Information Technology Department Approved 06-Dec-12 Tom Auzenne Assistant Director, Utilities Department Approved 14-Jan-13 Grant Kolling Senior Assistant City Attorney; City Attorney’s Office Approved 31-Jan-13 Information Security Steering Committee Sponsor Approved DISTRIBUTION Name Location City of Palo Alto Employees, Service Providers, Residents and Businesses City of Palo Alto Website and SharePoint DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 3 of 8 Version 2.2 31 January, 2013 1. Objective The City of Palo Alto (the “City”) strives to promote and sustain a superior quality of life for persons in Palo Alto. In promoting the quality of life of these persons, it is the policy of the City, consistent with the provisions of the California Public Records Act, California Government Code §§ 6250 – 6270, to take appropriate measures to safeguard the security and privacy of the personal (including, without limitation, financial) information of persons, collected in the ordinary course and scope of conducting the City’s business as a local government agency. These measures are generally observed by federal, state and local authorities and reflected in federal and California laws, the City’s rules and regulations, and industry best practices, including, without limitation, the provisions of California Civil Code §§ 1798.3(a), 1798.24, 1798.79.8(b), 1798.80(e), 1798.81.5, 1798.82(e), 1798.83(e)(7), and 1798.92(c). Though some of these provisions do not apply to local government agencies like the City, the City will conduct business in a manner which promotes the privacy of personal information, as reflected in federal and California laws. The objective of this Policy is to describe the City’s data security goals and objectives, to ensure the ongoing protection of the Personal Information, Personally Identifiable Information, Protected Critical Infrastructure Informationand Personally Identifying Information of persons doing business with the City and receiving services from the City or a third party under contract to the City to provide services. The terms “Personal Information,” “Protected Critical Infrastructure Information”, “Personally Identifiable Information” and “Personally Identifying Information” (collectively, the “Information”) are defined in the California Civil Code sections, referred to above, and are incorporated in this Policy by reference. A) INTENT The City, acting in its governmental and proprietary capacities, collects the Information pertaining to persons who do business with or receive services from the City. The Information is collected by a variety of means, including, without limitation, from persons applying to receive services provided by the City, persons accessing the City’s website, and persons who access other information portals maintained by the City’s staff and/or authorized third-party contractors. The City is committed to protecting the privacy and security of the Information collected by the City. The City acknowledges federal and California laws, policies, rules, regulations and procedures, and industry best practices are dedicated to ensuring the Information is collected, stored and utilized in compliance with applicable laws. The goals and objectives of the Policy are: (a) a safe, productive, and inoffensive work environment for all users having access to the City’s applications and databases; (b) the appropriate maintenance and security of database information assets owned by, or entrusted to, the City; (c) the controlled access and security of the Information provided to the City’s staff and third party contractors; and (d) faithful compliance with legal and regulatory requirements. B) SCOPE The Policy will guide the City’s staff and, indirectly, third party contractors, which are by contract required to protect the confidentiality and privacy of the Information of the persons whose personal information data are intended to be covered by the Policy and which will be advised by City staff to conform their performances to the Policy should they enjoy conditional access to that information. C) CONSEQUENCES The City’s employees shall comply with the Policy in the execution of their official duties to the extent their work implicates access to the Information referred to in this Policy. A failure to comply may result in DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 4 of 8 Version 2.2 31 January, 2013 employment and/or legal consequences. D) EXCEPTIONS In the event that a City employee cannot fully comply with one or more element(s) described in this Policy, the employee may request an exception from the application of the Policy. The request form will be developed, reviewed and administered by the City’s Information Security Manager (the “ISM”). The employee, with the approval of his or her supervisor, will provide any additional information as may be requested by the ISM. The ISM will conduct a risk assessment of the requested exception in accordance with guidelines approved by the City’s Chief Information Officer (“CIO”) and approved as to form by the City Attorney. The Policy’s guidelines will include at a minimum: purpose, source, collection, storage, access, retention, usage, and protection of the Information identified in the request. The ISM will consult with the CIO to approve or deny the exception request. After due consideration is given to the request, the exception request disposition will be communicated, in writing, to the City employee and his or her supervisor. The approval of any request may be subject to countermeasures established by the CIO, acting by the ISM. E) MUNICIPAL ORDINANCE This Policy will supersede any City policy, rule, regulation or procedure regarding information privacy. 2. RESPONSIBILITIES OF CITY STAFF A) RESPONSIBILITY OF CIO AND ISM The CIO, acting by the ISM, will establish an information security management framework to initiate and coordinate the implementation of information security measures by the City’s government. The City’s employees, in particular, software application users and database users, and, indirectly, third party contractors under contract to the City to provide services, shall by guided by this Policy in the performance of their job responsibilities. The ISM will be responsible for: (a) developing and updating the Policy, (b) enforcing compliance with and the effectiveness of the Policy; (c) the development of privacy standards that will manifest the Policy in detailed, auditable technical requirements, which will be designed and maintained by the persons responsible for the City’s IT environments; (d) assisting the City’s staff in evaluating security and privacy incidents that arise in regard to potential violations of the Policy; (e) reviewing and approving department-specific policies and procedures which fall under the purview of this Policy; and (f) reviewing Non-Disclosure Agreements (NDAs) signed by third party contractors, which will provide services, including, without limitation, local or ‘cloud-based’ software services to the City. B) RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE The Information Security Steering Committee (the “ISSC”), which is comprised of the City’s employees, drawn from the various City departments, will provide the primary direction, prioritization and approval for all information security efforts, including key information security and privacy risks, programs, initiatives and activities. The ISSC will provide input to the information security and privacy strategic planning processes to ensure that information security risks are adequately considered, assessed and addressed at the appropriate City department level. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 5 of 8 Version 2.2 31 January, 2013 C) RESPONSIBILITY OF USERS All authorized users of the Information will be responsible for complying with information privacy processes and technologies within the scope of responsibility of each user. D) RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS The City’s IT Managers, who are responsible for internal, external, direct and indirect connections to the City’s networks, will be responsible for configuring, maintaining and securing the City’s IT networks in compliance with the City’s information security and privacy policies. They are also responsible for timely internal reporting of events that may have compromised network, system or data security. E) RESPONSIBILITY OF AUTHORIZATION COORDINATION The ISM will ensure that the City’s employees secure the execution of Non-Disclosure Agreements (NDA), whenever access to the Information will be granted to third party contractors, in conjunction with the Software as a Service (SaaS) Security and Privacy Terms and Conditions. An NDA must be executed prior to the sharing of the Information of persons covered by this Policy with third party contractors. The City’s approach to managing information security and its implementation (i.e. objectives, policies, processes, and procedures for information security) will be reviewed independently by the ISM at planned intervals, or whenever significant changes to security implementation have occurred. The CIO, acting by the ISM, will review and recommend changes to the Policy annually, or as appropriate, commencing from the date of its adoption. 3. PRIVACY POLICY A) OVERVIEW The Policy applies to activities that involve the use of the City’s information assets, namely, the Information of persons doing business with the City or receiving services from the City, which are owned by, or entrusted to, the City and will be made available to the City’s employees and third party contractors under contract to the City to provide Software as a Service consulting services. These activities include, without limitation, accessing the Internet, using e-mail, accessing the City’s intranet or other networks, systems, or devices. The term “information assets” also includes the personal information of the City’s employees and any other related organizations while those assets are under the City’s control. Security measures will be designed, implemented, and maintained to ensure that only authorized persons will enjoy access to the information assets. The City’s staff will act to protect its information assets from theft, damage, loss, compromise, and inappropriate disclosure or alteration. The City will plan, design, implement and maintain information management systems, networks and processes in order to assure the appropriate confidentiality, integrity, and availability of its information assets to the City’s employees and authorized third parties. B) PERSONAL INFORMATION AND CHOICE Except as permitted or provided by applicable laws, the City will not share the Information of any person doing business with the City, or receiving services from the City, in violation of this Policy, unless that person has consented to the City’s sharing of such information during the conduct of the City’s business as a local government agency with third parties under contract to the City to provide services. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 6 of 8 Version 2.2 31 January, 2013 C) METHODS OF COLLECTION OF PERSONAL INFORMATION The City may gather the Information from a variety of sources and resources, provided that the collection of such information is both necessary and appropriate in order for the City to conduct business as a local government agency in its governmental and proprietary capacities. That information may be gathered at service windows and contact centers as well as at web sites, by mobile applications, and with other technologies, wherever the City may interact with persons who need to share such formation in order to secure the City’s services. The City’s staff will inform the persons whose Information are covered by this Policy that the City’s web site may use “cookies” to customize the browsing experience with the City of Palo Alto web site. The City will note that a cookie contains unique information that a web site can use to track, among others, the Internet Protocol address of the computer used to access the City’s web sites, the identification of the browser software and operating systems used, the date and time a user accessed the site, and the Internet address of the website from which the user linked to the City’s web sites. Cookies created on the user’s computer by using the City’s web site do not contain the Information, and thus do not compromise the user’s privacy or security. Users can refuse the cookies or delete the cookie files from their computers by using any of the widely available methods. If the user chooses not to accept a cookie on his or her computer, it will not prevent or prohibit the user from gaining access to or using the City’s sites. D) UTILITIES SERVICE In the provision of utility services to persons located within Palo Alto, the City of Palo Alto Utilities Department (“CPAU”) will collect the Information in order to initiate and manage utility services to customers. To the extent the management of that information is not specifically addressed in the Utilities Rules and Regulations or other ordinances, rules, regulations or procedures, this Policy will apply; provided, however, any such Rules and Regulations must conform to this Policy, unless otherwise directed or approved by the Council. This includes the sharing of CPAU-collected Information with other City departments except as may be required by law. Businesses and residents with standard utility meters and/or having non-metered monthly services will have secure access through a CPAU website to their Information, including, without limitation, their monthly utility usage and billing data. In addition to their regular monthly utilities billing, businesses and residents with non-standard or experimental electric, water or natural gas meters may have their usage and/or billing data provided to them through non-City electronic portals at different intervals than with the standard monthly billing. Businesses and residents with such non-standard or experimental metering will have their Information covered by the same privacy protections and personal information exchange rules applicable to Information under applicable federal and California laws. E) PUBLIC DISCLOSURE The Information that is collected by the City in the ordinary course and scope of conducting its business could be incorporated in a public record that may be subject to inspection and copying by the public, unless such information is exempt from disclosure to the public by California law. F) ACCESS TO PERSONAL INFORMATION The City will take reasonable steps to verify a person’s identity before the City will grant anyone online access to that person’s Information. Each City department that collects Information will afford access to affected persons who can review and update that information at reasonable times. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 7 of 8 Version 2.2 31 January, 2013 G) SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE Except as otherwise provided by applicable law or this Policy, the City will treat the Information of persons covered by this Policy as confidential and will not disclose it, or permit it to be disclosed, to third parties without the express written consent of the person affected. The City will develop and maintain reasonable controls that are designed to protect the confidentiality and security of the Information of persons covered by this Policy. The City may authorize the City’s employee and or third party contractors to access and/or use the Information of persons who do business with the City or receive services from the City. In those instances, the City will require the City’s employee and/or the third party contractors to agree to use such Information only in furtherance of City-related business and in accordance with the Policy. If the City becomes aware of a breach, or has reasonable grounds to believe that a security breach has occurred, with respect to the Information of a person, the City will notify the affected person of such breach in accordance with applicable laws. The notice of breach will include the date(s) or estimated date(s) of the known or suspected breach, the nature of the Information that is the subject of the breach, and the proposed action to be taken or the responsive action taken by the City. H) DATA RETENTION / INFORMATION RETENTION The City will store and secure all Information for a period of time as may be required by law, or if no period is established by law, for seven (7) years, and thereafter such information will be scheduled for destruction. I) SOFTWARE AS A SERVICE (SAAS) OVERSIGHT The City may engage third party contractors and vendors to provide software application and database services, commonly known as Software-as-a-Service (SaaS). In order to assure the privacy and security of the Information of those who do business with the City and those who received services from the City, as a condition of selling goods and/or services to the City, the SaaS services provider and its subcontractors, if any, including any IT infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, while it performs such services and/or furnishes goods to the City, to the extent any scope of work or services implicates the confidentiality and privacy of the Information. These requirements include information security directives pertaining to: (a) the IT infrastructure, by which the services are provided to the City, including connection to the City's IT systems; (b) the SaaS services provider’s operations and maintenance processes needed to support the IT environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. The term “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. Prior to entering into an agreement to provide services to the City, the City’s staff will require the SaaS services provider to complete and submit an Information Security and Privacy Questionnaire. In the event that the SaaS services provider reasonably determines that it cannot fulfill the information security requirements during the course of providing services, the City will require the SaaS services provider to promptly inform the ISM. J) FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 CPAU will require utility customers to provide their Information in order for the City to initiate and manage utility services to them. DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A City of Palo Alto Information Technology Information Security Services Information Privacy Policy Page 8 of 8 Version 2.2 31 January, 2013 Federal regulations, implementing the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), including the Red Flag Rules, require that CPAU, as a “covered financial institution or creditor” which provides services in advance of payment and which can affect consumer credit, develop and implement procedures for an identity theft program for new and existing accounts to detect, prevent, respond and mitigate potential identity theft of its customers’ Information. CPAU procedures for potential identity theft will be reviewed independently by the ISM annually or whenever significant changes to security implementation have occurred. The ISM will recommend changes to CPAU identity theft procedures, or as appropriate, so as to conform to this Policy. There are California laws which are applicable to identity theft; they are set forth in California Civil Code § 1798.92. 4. CONTACTS Information Security Manager: Patel, Raj <Raj.Patel@CityofPaloAlto.org> Chief Information Officer: Reichental, Jonathan <Jonathan.Reichental@CityofPaloAlto.org> Utilities Department: Auzenne, Tom <Tom.Auzenne@CityofPaloAlto.org City Attorney’s Office: Kolling, Grant <Grant.Kolling@CityofPaloAlto.org> DocuSign Envelope ID: D1E005B0-18A1-4FBD-86B0-8A7BD0EAEC1A TO: FROM: DATE: CITY OF PALO ALTO HONORABLE CITY COUNCIL DEAN BATCHELOR, DIRECTOR OF UTILITIES AUGUST 12, 2019 COUNCIL MEETING ~ August 12, 2019 2 '!!!!IZJ~R-ec_e.;;;.iv-ed ... B'!!"'e""!!'fo .... r-e """"M-ee-t-in-g SUBJECT: AGENDA ITEM NUMBER 2-Approval and Authorization for the City Manager or his Designee to Execute the Following Energy and Water Platform Contracts in a Combined Not-to-Exceed Amount of $2,602,763 Over a Five-year Term: A} WaterSmart Software, Inc., Number C19174648 in an Amount Not-to-Exceed $537,763; and B} Simple Energy, Inc., Number C20174646 in an Amount Not-to- Exceed of $1,925,000 Minor clerical errors: Contract C19174648 with WaterSmart; Attachment A, Packet Page 40: a} Packet Page 69, Exhibit A, Scope of Services reflects: a. Section 2.3 Post-Launch Survey CORRECTION: 2.5 Post-Launch Survey b} Packet Page 65, Signature Page, list of exhibits reflects: a. EXHIBIT "F": INFORMATION PRIVACY POLICY and b. EXHIBIT "G": VENDOR INFORMATION SECURITY ASSESSMENT CORRECTION: EXHIBIT "F": VENDOR INFORMATION SECURITY ASSESSMENT and EXHIBIT "G": INFORMATION PRIVACY POLICY **NOTE** The exhibits themselves are labeled correctly ~ Dean Batchelor Director of City Manager Utilities Department 1of1 City of Palo Alto (ID # 10424) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/12/2019 City of Palo Alto Page 1 Summary Title: Establishing GO Bond Tax Levy Title: Adoption of a Resolution Establishing Fiscal Year (FY) 2020 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N) From: City Manager Lead Department: Administrative Services Recommendation Adopt a resolution (Attachments A and Exhibit A) approving the establishment of the Fiscal Year 2020 property tax levy of $10.62 per $100,000 in Assessed Value (AV) for the secured and utility tax roll and $11.06 per $100,000 in AV for the unsecured tax roll for the City of Palo Alto's Measure N General Obligation (GO) Bond Library Bonds (First and Second Series). Background On November 4, 2008, City voters passed Measure N which gave the City authority to issue a maximum amount of $76 million of General Obligation bonds (the "Bonds") for capital improvements to the Mitchell Park, Downtown, and Rinconada (formerly Main) libraries and to construct the Mitchell Park community center. The City successfully sold the Bonds in two series to provide $76 million in funds for the design and construction costs. Both Standard and Poor's (S&P) and Moody's awarded their highest credit ratings, Triple A, to both series of Bonds which they affirmed in calendar year 2019. On March 1, 2016, Council approved the decommissioning of the Library Bond Oversight Committee and accepted a financial report showing approximately $3.0 million in project savings (CMR: 6632). In addition, bond premium of $3.1 million could be used to redeem and/or defease bonds. On June 6, 2016, Council authorized the use of $6.1 million of the Series 2010A & 2013A General Obligation (Measure N) Bonds to defease and/or retire a portion of outstanding bonds and to pay associated redemption costs (CMR: 6993). To maximize savings to property owners the longest bonds were paid off; total savings of $11 million were realized which includes $4.9 million in interest savings over time. Of the $11 million, $5.4 million will be saved through FY 2040 while $5.6 million will be saved from FY 2041 through FY 2044. As of July 1, 2019, principal amount of $60.5 million is outstanding on the Bonds. City of Palo Alto Page 2 Discussion Debt service payments on these Bonds are paid through ad valorem taxes on all taxable land and improvements (both secured and unsecured assessment roll) within the City. Staff is seeking Council approval of the attached resolution (Attachment A) which authorizes the placement of an ad valorem property tax levy in the amount of $0.01062 per $100 or $10.62 per $100,000 in AV for the secured tax roll; and $0.01106 per $100 or $11.06 per $100,000 in AV for the unsecured tax roll. In comparison, prior years secured and unsecured tax levy was $11.06 and $11.77, respectively, per $100,000 of Assessed Value (AV). The assessment rate for FY 2020 is decreasing for both the secured and unsecured property taxes. The rate decrease is attributable to the rise in the AV for properties throughout Palo Alto by 7.8 percent, an increase of $2.5 billion. In addition, the rise in AV during FY 2019, due to property sales and new construction, resulted in $0.3 million in excess collections which further reduced the FY 2020 annual assessment. As for the unsecured property taxes, per the County of Santa Clara’s methodology, the prior year’s secured tax rate becomes this year’s unsecured tax rate as a result this rate won’t benefit from the coming year’s AV increase until FY 2021. With the new assessment for FY 2020, a house with an AV of $1.0 million, for example, would see an annual assessment of $106.20 on their property tax bill. In FY 2019, a $1.0 million home had an assessment of $110.60. Resource Impact The bond issuances result in a 2020 calendar year debt service expenditure of approximately $4.5 million and Council approval of the attached resolution will result in ad valorem tax levy revenue of $4.2 million with the $0.3 million difference attributable to available funds on hand. Again, secured and unsecured property owners will see a levy of $10.62 and $11.06, respectively, per $100,000 of AV on their 2020 property tax statement. Environmental Review There is no environmental review required for this report. Attachments: • Attachment A: Resolution Establishing FY 2020 Property Tax Levy • Exhibit A: General Obligation Bonds, Election of 2008, Series 2010 Tax Rate Calculation Based on 2019-20 AV 1 Attachment A ***Not Yet Approved*** Resolution No. Resolution of the Council of the City of Palo Alto Establishing Fiscal Year 2020 Property Tax Levy of $10.62 Per $100,000 of Secured and $11.06 Per $100,000 of Unsecured Assessed Valuations for the City’s General Obligation Bond Indebtedness (Measure N Library Projects) R E C I T A L S A. At the City of Palo Alto’s (“City”) general election held on November 4, 2008, more than two thirds of voters approved Measure N, authorizing the issuance of general obligation bonds in the amount not to exceed $76,000,000 (the “Authorization”) to fund construction of a new Mitchell Park Library and Community center and renovation and improvements to Downtown and Main libraries. B. Pursuant to the Authorization, the City issued two series (Series 2010A and 2013A) of general obligation bonds in June 2010 and June 2013 that yielded $75.8 million for project needs. C. The City is obligated to levy ad valorem taxes on all property within the City subject to taxation by the City, without limitation on rate or amount (except with respect to certain personal property which is taxed at limited rates), for the payment of the debt service on the Bonds. D. The City is obligated to direct the County of Santa Clara to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment of debt service on the Bonds. E. The amount of the annual ad valorem tax levied by the City to repay the Bonds is determined by the relationship between the assessed valuation of taxable property in the City and the amount of debt service due on the bonds. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Pursuant to the Authorization, an ad valorem property tax is hereby established to be levied on all land and improvements in the City of Palo Alto during fiscal year 2019‐20 in the amount of $0.01062 per $100 in assessed value for the secured and utility tax roll and $0.01106 per $100 in assessed value for the unsecured tax roll based on the calculations set forth in the attached Exhibit "A". SECTION 2. The City’s Director of Administrative Services shall cause a certified copy of this Resolution to be delivered to the Auditor of the County of Santa Clara for entry in the assessment book of the respective sums in dollars and cents. ***Not Yet Approved*** SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: City Attorney City Manager Director of Administrative Services A) Assessed Valuations (AV) 1 ) 2019-20 Taxable Secured Assessed Valuation (AV)37,338,780,063$ 2 ) 2019-20 Taxable Unsecured AV 1,946,679,944$ 3 ) Less: Estimated Delinquency 0.00% -$ 4 ) Net Taxable Unsecured AV 1,946,679,944$ 5 )Total Assessed Valuation (AV)39,285,460,007$ B) Tax Levy Requirement 5 ) 2019-20 Debt Service Payments 6 ) 2010 GO Bonds - February 1,2020 1,023,996.88$ 7 ) 2010 GO Bonds - August 1, 2020 2,353,996.88 3,377,994 8 ) 2013 GO Bonds - February 1,2020 320,200.00$ 9 ) 2013 GO Bonds - August 1, 2020 770,200.00 1,090,400.00 10 )Total Calendar Year 2020 Debt Service Payments 4,468,393.76 11 ) Excess Funds on Hand Applied Toward Debt Service (300,000.00) 12 ) Sub-total 4,168,393.76 13 ) Santa Clara County Administration Fee (0.25% of Principal & Interest)10,420.98 14 )Total 2019-20 Annual Debt Service Requirement 4,178,814.74 C) Secured and Unsecured Tax Rate 15 )2019-20 Unsecured Tax Rate per $100 of Unsecured AV (Prior Year's Secured Tax Rate) 0.01106$ 16 )2019-20 Unsecured Tax Rate per $100,000 of Unsecured AV 11.06$ 17 ) 2019-20 Estimated Revenue from Unsecured AV (line 4 divide by 100 times by line 12)215,302.80$ 18 ) 2019-20 Estimated Revenue from Secured AV (line 11 minus line 13)3,963,511.94 19 ) Total 2019-20 Annual Debt Service Requirement 4,178,814.74$ 20 )2019-20 Secured Tax Rate per $100 of Secured AV (line 14 divided by line 1*100)0.01062$ 21 )2019-20 Secured Tax Rate per $100,000 of Secured AV (line 14 divided by line 1 times 100,000)10.62$ Exhibit A City of Palo Alto General Obligation (GO) Bonds, Election of 2008, Series 2010 and 2013 Tax Rate Calculation Based on 2019-20 Assessed Values City of Palo Alto (ID # 10473) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/12/2019 City of Palo Alto Page 1 Summary Title: Direct Technology Software Contract Title: Approval and Authorization for the City Manager or Designee to Execute the Following Utility Program Services Contract: Contract with DirectApps, Inc. dba Direct Technology C20174817 with Total Compensation of $730,000 and a Maximum Term of Seven Years From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council approve and authorize the City Manager, or his designee, to execute the attached contract C20174817 with DirectApps, Inc., dba Direct Technology, with a total not-to-exceed compensation amount of $730,000 and a maximum contract term of up to seven years through August 12, 2026. Executive Summary The City of Palo Alto Utilities administers numerous customer programs related to efficiency, sustainability, building decarbonization, and electric vehicles. Over the past decade, the diversity and number of program offerings, local and state mandates, and reporting requirements have evolved and increased. Correspondingly, program administration and management, specifically data management, has become more cumbersome. To address the data management need, staff released a request for proposals (RFP) for customer programs management software in July 2018 and received five proposals. Direct Technology was selected based on the benefits of their software product, their experience implementing software projects of this nature with similar utilities, and cost. The software will reduce staff time and increase the quality and reliability of data related to customer programs. This in turn will streamline reporting for state, local, and ad-hoc needs. Seven years is the minimum contract term deemed necessary to implement the software tool and receive a good return of investment. Summary of proposed contract terms City of Palo Alto Page 2 Company and Contract Number End of Term (Total Term) Not-to Exceed Budget over contract term Contract: Customer Programs Management Software DirectApps, Inc. C20174817 8/12/2026 $730,000 Background Utility Program Services (UPS), an 11-person group within the Utilities Resource Management division, currently administers 15 programs across commercial, industrial, small and medium business, and residential customers primarily to help customers reduce electric, gas, and water usage. UPS creates and maintains customer application forms, processes rebate payments, works with customers or vendors to implement efficiency projects, and records data for all programs. List of existing energy efficiency and water conservation programs: Building Operator Certification Program Business New Construction Program Commercial Advantage Program Commercial and Industrial Program Customer Usage Reports Program Electric Vehicle Chargers Program Green Building Ordinance (Local Building Reach Code) Heat Pump Water Heaters (HPWH) Program Home Advisor Program Low Income Program Multifamily Program Small/Medium Business Program Solar PV Program Solar Thermal Program Water Programs As a municipal utility that delivers electric, gas and water services to customers in its service territory, Utilities complies with state laws that govern resource conservation and related expenditures. Annually, the California Energy Commission requires all Public Owned Utilities to report electric savings. Additionally, staff creates an annual demand side management report to provide insight into the success and cost effectiveness of the customer programs. As the state has increased savings goals through new legislation, the granularity of reporting data required has increased. Further, as the program offerings have increased and evolved to include solar energy, building electrification, and electric vehicle adoption, the breadth of data City of Palo Alto Page 3 needed has increased. Each of these components has increased staff’s administrative workload. Historically, UPS has relied on tools ranging from paper records to various software products. The combination of staff changes and new program development has made the upkeep of disparate tools unwieldy and has resulted in poor data quality. Meanwhile, the internet has become engrained in all aspects of life, web and mobile services are the norm, and the expectation for improved customer experience has increased. It is a challenge to provide the desired customer experience across all programs without a centralized platform to manage all customer programs. This is further complicated by the interaction with third party vendors that help deliver key services for customer programs. Customer, vendor, and utility staff activities each create data for the utility to track, and there is no comprehensive system in place to manage this ongoing and growing need. Discussion UPS has already implemented several solutions to address the data management challenges associated with its customer programs, largely by customizing off-the-shelf software tools. While this strategy has enabled progress within certain programs, there remains a need to standardize the processes across all programs. To that end, an RFP for a customer program management software tool was issued in July 2018. Proposal Description/ Number Customer Programs Management Software / RFP 171513 Number of websites 1 (PlanetBids) Number of days to respond 33 (July 25, 2018 - August 28, 2018) Number of Proposal received 5 Company Name Location Selected for Interview? Nexant San Francisco, CA Yes Accent Gold Los Angeles, CA Yes Direct Roseville, CA Yes Frontier Oakland, CA No SEW Irvine, CA No Submitted Fee Range: $497,500 to $1,299,493 UPS received 5 proposals and narrowed them down to the top three based on product and requirement fit. Of the top 3 proposals, the selected vendor, Direct Technology, provided the lowest 5-year cost of $497,500. The second and third place bidders respective proposed pricing were $546,800 and $1,299,493. While a 5-year contract was requested in the RFP, staff decided to increase the term to seven years to cover the duration of planned customer program contracts that are expected to run into 2026. The 7-year contract will allow the software to be used during the full life of other long-term customer program contracts. Direct Technology City of Palo Alto Page 4 provided the lowest recurring cost, so on a 7-year basis, they were still less expensive than the competing proposals. In addition to basic services (implementation and licensing), staff requested additional services or optional tasks of $97,500 for integration to three new programs which are either under development or on a product roadmap. Furthermore, the Direct Technology product was ranked first regarding qualitative attributes. Direct Technology has developed their software product, Energy Efficiency Collaboration Platform, specifically for utilities to manage customer programs. Direct Technology has experience implementing their software with major utilities across the U.S., including San Diego Gas & Electric and Southern California Edison in California, as well as smaller Publicly Owned Utilities, such as Austin Energy in Texas. Their experience combined with their product offering gives staff confidence this software implementation project will be valuable enhancement to its existing business process. Direct Technology estimates they can fully implement their software in 3 months, but given internal resource constraints, staff is planning for a 6-month implementation schedule While estimating cost savings associated with efficiency improvements is a subjective exercise, the 11 staff members manage an annual budget ranging from $5,000,000 to $7,000,000 per year. Because existing tools are custom built and internal, UPS program staff spends more than $60,000 per year to manage customer programs data, which is less than the ongoing cost of the Direct Technology contract. Using a third-party service will eliminate the staff time currently spent maintaining those internal systems. Implementing this third-party software will enhance the customer experience, streamline the interaction with vendors providing program data, and enable staff to manage and make better decisions due to more in-depth and timely reporting capabilities. This will in turn help the City of Palo Alto achieve greater energy and water savings as outlined in the Sustainability Implementation Plan (Staff Report 8487). Resource Impact As described in Exhibit C of the attached contract, this contract is for basic services in the amount of $632,500 over seven years. The contract costs are broken up into one-time project implementation activities which in total are $212,500 and recurring hosting, licensing and support costs of $60,000 per year, or $420,000 over the seven-year term. The contract includes additional services for up to $97,500 for additional software integrations and add-on modules for a total not to exceed amount of $730,000. While this is a maximum seven-year contract, the City retains the right to terminate the contract at any time with or without cause. Funds for the first year of the contract including implementation for Electric ($258,000) and Natural Gas ($64,500) are available in the FY 2020 operating budget. Funding for following years is subject to the approval of subsequent year’s budget requests. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Total Implementation 212,500 212,500 City of Palo Alto Page 5 Licensing 60,000 60,000 60,000 60,000 60,000 60,000 60,000 420,000 Additional Services 50,000 25,000 7,500 7,500 7,500 97,500 Total 322,500 85,000 67,500 67,500 67,500 60,000 60,000 730,000 Electric (80%) 258,000 68,000 54,000 54,000 54,000 48,000 48,000 584,000 Gas (20%) 64,500 17,000 13,500 13,500 13,500 12,000 12,000 146,000 Total 322,500 85,000 67,500 67,500 67,500 60,000 60,000 730,000 Policy Implications The proposed contract supports the Council-approved Sustainability Plan as well as the Utilities 2018 Strategic Plan, Priority 3 -Technology: • Strategy 3 – Invest in technology infrastructure to enhance customer engagement and satisfaction • Strategy 4 – Implement technologies to improve response time, security and operational efficiency. Environmental Review Approval of the third-party agreement proposed in this staff report does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment. Attachments: • C20174817_DirectTechnology_Final • DocuSign Contract Signature Summary CITY OF PALO ALTO CONTRACT NO. C20174817 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND DIRECTAPPS INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 12th day of August, 2019, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and DIRECTAPPS, INC., a Delaware Corporation, dba Direct Technology, located at 3009 Douglas Blvd, Suite 300, Roseville, CA 95661 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to implement software to manage, track, report, and plan customer programs (“Project”) and desires to engage a consultant to provide software, program configuration, system configuration and support in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibits “A” and “G” (Performance Requirements) in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through August 12, 2026 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Six hundred thirty-two thousand five hundred Dollars ($632,500). 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 Seven hundred thirty thousand Dollars ($730,000). The applicable rates and schedule of payment are set out at Exhibit “C”, 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 billing deliverables completed during the invoice period and task amount set forth in Exhibits B and C. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. 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 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 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. 7.1 CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 7.2 CONSULTANT understands and agrees that the performance of the Services under this Agreement may involve access to CITY data which is confidential information. CONSULTANT and any subcontractors or agents shall use confidential information only in accordance with all applicable local, state and federal laws restricting the access, use, and disclosure of confidential information and only as necessary in the performance of this Agreement. CONSULTANT shall not use confidential information for direct marketing purposes without CITY’s express written consent. CONSULTANT's failure to comply with any such requirements shall be deemed a material breach for which CITY may terminate the Agreement, in addition to any other remedies it may have at law and equity. CONSULTANT agrees to include all of the terms and conditions regarding confidential information contained in this Agreement in all subcontractor or agency contracts providing services under this Agreement. CONSULTANT shall comply with CITY’s “CYBERSECURITY TERMS AND CONDITIONS”, as set forth in Exhibit “E”, attached to and made a part of this Agreement, and with CITY’s “Information Privacy Policy,” as set forth in Exhibit “F”, attached to and made a part of this Agreement. 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 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 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 Joby Jorge as the Account Sponsor to have supervisory responsibility for the performance, progress, and execution of the Services and Monica Hodge as the Project Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Micah Babbitt, Utilities Department, Resource Management DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Division, 250 Hamilton Ave, Palo Alto, CA 94303, Telephone: 650-329-2680. 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. [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. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s 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 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 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. Termination for Cause and/or Convenience. CITY shall have the right, without further obligation or liability to CONSULTANT: l. To immediately terminate this Agreement if CONSULTANT commits any breach of this Agreement and fails to remedy such breach within thirty (30) days after written notice by CITY of such breach (30-day cure period), in which event, CONSULTANT shall refund to CITY all amounts paid under this Agreement for the use or license of Software and/or Services in the same manner as if CITY ceased to use the Software due to infringement under Section 16.4. At CITY's sole election, the 30-day cure period shall not apply to termination for data breach and/or breach of confidentiality; or 2. To terminate this Agreement upon thirty (30) days prior written notice for CITY's convenience and without cause, provided that except for termination due to an uncured breach as set forth in this Section and in the event of Infringement, CITY shall not be entitled to a refund of any amounts previously incurred or paid under this Agreement. 19.2. Transition Services and Disposition of Content. Upon expiration or termination of the Services under this Agreement: 1. Upon the effective date of termination, and after any transition period, CONSULTANT may discontinue the Services and CITY shall cease accessing the Software and Services. CONSULTANT shall within five (5) calendar days of the expiration or termination of the Services return CITY Data in an agreed-upon machine readable format. This provision shall also apply to all CITY Data that is in the possession of subcontractors, agents or auditors of CONSULTANT. Such data transfer shall be done at no cost to the CITY. Once CONSULTANT has received written confirmation from CITY that CITY's Data has been successfully transferred to CITY, CONSULTANT shall within thirty (30) calendar days purge or physically destroy all CITY Data from its hosted servers or files and provide CITY with written certification within five (5) calendar days that such purge and/or physical destruction has occurred. Secure disposal shall be accomplished by "purging" or "physical destruction,” in accordance with National Institute of Standards and Technology (NIST) Special Publication 800-88 or most current industry standard. 2. CONSULTANT shall provide to CITY and/or Successor Service Provider assistance requested by CITY to effect the orderly transition of the Services, in whole or in part, to CITY or to Successor Service Provider. During the transition period, Services and CITY Data access shall continue to be made available to CITY without alteration. Such Transition Services shall be provided on a time and materials basis if the CITY opts to return to its own servers or CITY chooses a Successor Service Provider. Transition costs DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 may include: (a) developing a plan for the orderly transition of the terminated Services from CONSULTANT to Successor Service Provider; (b) if required, transferring the CITY Data to Successor Service Provider; (c) using commercially reasonable efforts to assist CITY in acquiring any necessary rights to legally and physically access and use any third-party technologies and documentation then being used by CONSULTANT in connection with the Services; (d) using commercially reasonable efforts to make available to CITY, pursuant to mutually agreeable terms and conditions, any third-party services then being used by CONSULTANT in connection with the Services; and, (e) such other activities upon which the Parties may agree. Notwithstanding the foregoing, should CITY terminate this Agreement due to CONSULTANT's material breach, CITY may elect to use the Software and Services for a period of no greater than six (6) months from the date of termination at a reduced rate of twenty (20%) percent off the then-current charges for the terminated Services. All applicable terms and conditions of this Agreement shall apply to the Transition Services. This Section shall survive the termination of this Agreement. 19.3. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.4. Upon such suspension or termination, CONSULTANT shall comply with the provisions of Section 19.2, above. 19.5. 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., 30 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. 19.6. Survival. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 18.4,19, 20, and 25. 19.7. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person 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: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 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 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 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 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 be deemed to be a part of this Agreement. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 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: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 CONTRACT No. S20174817 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 APPROVED AS TO FORM: __________________________ City Attorney or designee CONSULTANT Officer 1 By: Name: Daniel S. Konieczny Title: CEO and Sr. Partner Officer 2 (Required for Corp. or LLC) By: Name: Kristen Long Title: VP of Human Resources Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E”: VENDOR CYBERSECURITY TERMS AND CONDITIONS EXHIBIT “F”: INFORMATION PRIVACY POLICY EXHIBIT “G”: PERFORMANCE REQUIREMENTS DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 EXHIBIT “A” SCOPE OF SERVICES A. PROGRAM OVERVIEW Name Customer Program Tracking and Management Software Brief Project Description DirectApps, Inc, doing business as Direct Technology (“CONSULTANT”) is a Roseville, CA based company. The City of Palo Alto (“CITY”) has contracted with CONSULTANT to implement a customer program tracking and management software, Energy Efficiency Collaboration Platform (“EECP”) for rebate tracking, electronic workflow, reporting, and planning for Utility Program Services programs. CONSULTANT will provide all development resources needed to integrate and configure software to allow CITY to track and manage all customer programs and related program data. The software will provide customers and vendors an easy way to apply for available CITY programs and rebates. The software shall also allow program managers and other internal CITY stakeholders to track progress and manage the workflow for these programs. EECP is comprised of the following functional elements: Customer facing web portal and tracking software Program management, reporting, and planning software Reporting and data visualization EECP implementation will include the following elements: System Configuration Program Configuration System Integration User Training B. PROJECT IMPLEMENTATION AND DELIVERY The following outlines the project design and implementation plan applicable to CONSULTANT including but not limited to: TASK 1- PROJECT COORDINATION & ADMINISTRATION DELIVERABLES Task 1.1 Project Coordination & Administration Deliverables 1. CONSULTANT shall produce a master schedule for the project including phasing of work, critical paths, and milestones within 10 days of Notice To Proceed (NTP). 2. CONSULTANT shall provide the City with summary minutes and supplemental materials used during the update meetings no later than five (5) working days from the update meeting. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 1. CONSULTANT must provide written weekly project status report updates. a. Weekly reports should include updates on scope, schedule, budget, risks, project accomplishments, project issues and concerns. 2. Based on CITY’s discretion, CITY may elect to hold weekly project meeting to review weekly report with project stakeholders. 3. CONSULTANT will provide ongoing project implementation documentation that captures key decisions, task assignment and completion, project key staff roles and responsibilities. Task 1.2 Optional Tasks CONSULTANT shall conduct the Optional tasks only at City direction and upon written notification by the City. 1. Optional Task 1.2 Stakeholder Meetings 2. A Stakeholder meeting shall be held at 80 and 95 percent project completion. 3. CONSULTANT shall present project progress results to stakeholders at 80 and 95 percent project completion. CONSULTANT shall incorporate feedback provided by the City and other stakeholders at the progress presentations TASK 2- SYSTEM CONFIGURATION Task 2.1 System Configuration 1. CONSULTANT will deploy EECP to servers hosted in CONSULTANT’s data center located in Sacramento, California within 10 business days of NTP. 2. CONSULTANT will provide CITY with user accounts configured with CITY desired permission levels 3. EECP System Configuration will be deemed complete when 2 server environments with 4 instances are running and CONSULTANT can demonstrate operation to CITY. a. The server environments are PROD and TEST. The PROD environment is dedicated to the Production instance of EECP and the TEST environment is used for 2 User Acceptance (UA) instances and 1 Quality Assurance (QA) instance. The UA instance(s) are the CITY’s test environment where code changes will be verified. UA2 mirrors PROD and provides the CITY with the opportunity to test configuration in an environment that simulates PROD. QA is utilized by CONSULTANT for testing enhancements and other system changes prior to being released to UA. Task 2.2 Optional Task – Server Hosting 1. At direction of CITY, CONSULTANT will allow and support CITY to host EECP on servers of its choice 2. In the event CITY chooses an alternative hosting option different than CONSULTANT offering, CITY will be responsible for any migration, setup, and hosting costs associated with its decision TASK 3 – PROGRAM CONFIGURATION Task 3.1 Program Configuration DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 1. CONSULTANT will provide CITY with a comprehensive set of Program Configuration Templates that meet the requirements set forth in Exhibit G, Performance Requirements, at least 10 business days prior to kick off meeting. 2. CONSULTANT will schedule in-person meeting with CITY in kick off meeting 3. CONSULTANT will lead CITY staff through program configuration template and work together with CITY staff to complete configuration templates 4. CONSULTANT will provide CITY the completed program configuration template of each program for approval 5. CITY will aim to verify that program configuration matches requirements outlined in Exhibit G in 10 business days 6. Within 10 business days, CONSULTANT will make configuration adjustments required to align the system with the original requirements outlined in Exhibit G 7. CITY will aim to validate requested configuration changes in 6 business days 8. CITY will strive to limit additional program configuration changes after its initial review, however in event of revisions, CITY and CONSULTANT will work to resolve program configuration changes through discussion. 9. Upon CITY User Acceptance Testing, CONSULTANT will move program into Production within 5 business days 10. Program will be considered ready to accept enrollments in production after they have been configured in production by CONSULTANT Task 3.2 Individual Program Setup 1. CONSULTANT and CITY will follow the tasks identified in Task 2.1 to setup the following programs: a. Commercial and Industrial Program b. Business New Construction Program c. Commercial Advantage Program d. Small/Medium Business Program e. Water Programs f. Green Building Ordinance (Local Building Reach Code) g. Home Advisor Program h. Customer Usage Reports Program i. Multifamily Program j. Low Income Program k. Building Operator Certification Program l. Solar PV Program m. Solar Thermal Program n. Electric Vehicle Chargers Program o. Heat Pump Water Heaters (HPWH) Program Tasks 3.3 Optional Additional Program Setup 1. CITY, at its own discretion, may direct CONSULTANT in writing to setup the additional programs at additional cost as identified in Exhibit B: p. Unknown Program 1 – Program in planning phase, but not finalized q. Unknown Program 2 – Program in planning phase, but not finalized r. Unknown Program 3 – Program in planning phase, but not finalized DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 CONSULTANT shall follow the Program Configurations tasks set forth in Task 3.1, above, for any additional programs requested by CITY. Task 3.4 Enrollment Uploads 1. CONSULTANT will provide a template and specification document to CITY for each program that will have enrollments uploaded to EECP 2. When program is ready to accept enrollments in production, CONSULTANT will assist CITY and CITY’s program vendors to prepare enrollment upload file and import the file to production Task 3.5 Historical Data 1. Historical Data will be loaded and have all functionality of data gathered moving forward. 2. One tool available is the Historical Import Tool (HIT) will import actual values provided for all fields. For the HIT, CONSULTANT will provide CITY with specification and template to use to submit historical data. CONSULTANT will load data provided by CITY. 3. CITY will aim to deliver representative sample data file per program 20 business days from the date data is requested. CONSULTANT will load the data and then CITY will have 10 business days to validate the data and resubmit corrected files. 4. After the CITY has decided that a representative sample has passed testing, CITY will aim for 20 business days to provide a full file set of historical data for the program. CONSULTANT will import the actual historical data to UA for testing. TASK 4 – SYSTEM INTEGRATION Task 4.1 Customer Information System (CIS) Integration The CIS import is typically comprised of 4 individual files: premise, account, service point and usage. CITY desires premise, account, service point, and usage to be included in the CIS integration. This Scope of Services includes a one-time set up of the CIS integration. CIS integration will occur in UAT until it passes test and then will be deployed in production. To create the test import file, the first three activities below (1, 2, and 3) will be conducted concurrently. All CIS integration efforts will be compensated by a one-time integration fixed price provided in Exhibit C Compensation. 1. Test File Creation a. CONSULTANT will provide CITY with a CIS Integration Specification document b. CONSULTANT will assist CITY to create a test file set containing valid data that meets the specifications for all file types (Premise, Account, Service Point, and Usage) 2. CIS-Specific Configuration a. CONSULTANT will provide a CIS Configuration Template that will drive configuration for the import b. CITY will aim to complete this template in 20 business days, during which time CONSULTANT will be available to assist with questions and troubleshoot c. Upon receipt of the configuration template, CONSULTANT will complete the necessary configurations within 5 business days 3. File Delivery Protocols DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 a. CONSULTANT will provide a description of the file delivery process and encryption protocol. This will be the same method of delivery and encryption for all interfaces b. CITY will confirm delivery protocol and encryption c. CONSULTANT will provide required credentials for delivering the import file within 5 business days 4. User Acceptance Testing with Test Data a. After completion of tasks 1, 2, and 3 above, CONSULTANT will import the test file set and report results to CITY b. If the test file set has errors during upload, CONSULTANT will work with CITY to resolve all errors c. After import process successfully completes with a test file, CITY will validate the data in EECP 5. End to End Testing with Representative File Size a. CONSULTANT will assist CITY to prepare an actual file set b. CONSULTANT will document process and tasks required to prepare an actual file set c. CONSULTANT will perform the import in UA and direct CITY to the event manager in EECP to view results d. CITY and CONSULTANT will perform end to end validation to verify file creation on CITY’s side, delivery to EECP and data validation after the file is processed in EECP e. Upon the completion of User Acceptance Testing, the production environment will be configured by CONSULTANT Task 4.2 Accounting System Integration 1. Specification a. CONSULTANT will provide an Accounts Payable (AP) specification for both the invoice file and the payment file 2. Test File Creation a. CONSULTANT will assist CITY in process to provide the variables in the accounting string that will be used by CONSULTANT to manually build an invoice test file b. CONSULTANT will assist CITY in creation of a sample payment file c. CONSULTANT will parse the file and perform acceptance testing 3. System Testing a. System testing will occur in User Acceptance and is dependent upon CIS data, program and budget configuration all being available in EECP b. CONSULTANT will build test enrollments and include in test invoice c. System test: EECP generates the test invoice. CONSULTANT manually sends test invoice to CITY’s test AP system. CITY will manually load test invoice and then manually generate a test payment file and send back to CONSULTANT for validation. d. CONSULTANT will assist CITY to successfully complete system testing 4. End to End Testing a. EECP programmatically generates an invoice and sends it to the CITY’s test AP DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 system using the same file transfer protocol that will be used to transmit files in production (SFTP). b. CITY’s AP system then automatically generates a payment file and transmits it back to EECP to be processed c. CONSULTANT and CITY will work to resolve and troubleshoot all issues until successful completion of end to end testing d. AP integration will begin in production Task 4.3 Add-On Modules, AB802 Benchmarking 1. CONSULTANT will create module to enable CITY to perform AB802 Benchmark reporting 2. CONSULTANT will provide configuration specification 3. CONSULTANT and CITY will work together to define business requirements 4. CONSULTANT will generate example benchmark reports 5. CITY will validate AB802 benchmarking capability is satisfactory to its needs Task 4.4 Optional Add-On Module, Accela Integration 1. If desired, CITY will have the option to direct CONSULTANT to configure system integrations to CITY’s Development Services software system Accela to streamline data collected by Development services though needed for utility efficiency programs including, but not limited to, Green Building Ordinance, Building New Construction, Customer Solar, and Electric Vehicle Charging Task 4.5 Optional Add-on Module, Marketplace Integration 1. If desired, CITY will have option to direct CONSULTANT to configure system integration to CITY’s Marketplace Program to streamline data collected by the third- party marketplace provider, Simple Energy. This marketplace is not fully implemented at this date, but in the future, the city would like the option to fully integrate its Marketplace data with EECP Task 4.6 Optional Add-on Module, Energy Service Platforms Portfolio Tool Integration 1. If desired, CITY will have option to direct CONSULTANT to configure system integration to CITY’s SB1037 reporting software, Energy Service Platforms (ESP) Portfolio Tool to streamline data transfer from EECP to ESP Portfolio Tool for state and federal efficiency reporting requirements Task 4.7 Optional Add-on Module, Low Income Rate Validation 1. If desired, at no additional cost, CITY will have option to direct CONSULTANT to configure system to identify low-income rebate application to ensure applicants are correctly identified in CITY system TASK 5 – REPORTING AND DATA VISUALIZATION Task 5.1 Standard Reports 1. CONSULTANT will provide CITY with standard set of 27 reports that will be published to CITY’s User Acceptance and production environments 2. CONSULTANT will work with CITY to develop up to 15 custom reports to address any DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 unmet reporting needs not addressed by standard reports 3. CONSULTANT will work with CITY to configure dashboards to ensure CITY can receive real time information on its programs TASK 6 – USER TRAINING Task 6.1 User Training 1. CONSULTANT will provide training resource to empower CITY users to develop and create their own reports. 2. CONSULTANT will provide user training and training shall include, at least: a. A pre-defined training plan for CITY staff and administrators. b. Specialized “super-user” training to ensure select CITY staff members have a deep understanding of the tool and can help address questions or issues from other staff members. c. Onsite training at Palo Alto City Hall. d. Online manual with step-by-step instructions for tasks that will be faced by program managers. e. Copies of training material used, to support the ongoing understanding of users and assist in the onboarding of future users. TASK 7 – ONGOING SUPPORT Task 7.1 Ongoing Support The software should be easy enough to use, with sufficient training materials, that substantial ongoing support and training should not be necessary. Additionally, CITY staff must be able to modify programs, measures, templates, reports, and all other process-management-critical components without outside assistance and through intuitive processes. 1. CONSULTANT will provide CITY with direct phone number and email to reach appropriate dedicated customer care representative for basic user questions and needs. 2. CONSULTANT will be available during standard business hours. 3. CONSULTANT will respond to CITY service requests in a timely manner. 4. CONSULTANT will work with CITY to allow CITY to prioritize service requests based on issue severity. 5. CITY expects ongoing support to cover all basic functionality and will only additional professional services for unique program needs not covered by this Scope of Services. TASK 8 – INVOICING Task 8.1 Invoicing 1. Invoicing will be organized into Implementation Invoices and Recurring Service Invoices a. Implementation Invoices will be submitted to CITY on monthly basis for deliverable and payment milestones completed during invoice quarter. b. Recurring Invoices for Hosting, Licensing and Support will be invoiced to CITY on a monthly basis consistent with Section 5 of the Agreement and in accordance to the more specific guidelines set forth in Exhibit “C”, “Compensation”. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 TASK 9 – FINAL PROJECT REPORT Task 9.1 Final Project Report 1. CONSULTANT will submit a final report which includes a narrative with an overview of the project implementation and spreadsheet detailing the budget and actual Project cost. The final report will include project achievements, challenges, goals and lessons learned. CONSULTANT agrees to deliver the final report within 30 days of the end of the Implementation Term as such date may be extended at the sole discretion of CITY. Task 9.2 Maintain Invoice Copies 1. CONSULTANT will maintain electronic copies of invoices for three years as required by the CITY per Section 15. Audits. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of business days specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. CITY understands that timing of deliverables is dependent on CITY approval of requirements and configuration within the timeframe stated in the detailed schedule of work. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 Table B-1: Key Project Milestones & Billing Deliverables Task Sub Task Task Name Timing (Due Date) Task % Complete Implementation Price Optional Additional Services Price 1.1 Project Coordination & Administration Deliverables Weekly 1 CONSULTANT shall produce a master schedule for the project including phasing of work, critical paths, and milestones Within 10 business days after NTP 100% 1.2 Optional Tasks Ongoing 2.1 System Configuration Within 10 business days after NTP 100%25,000$ 3.1 Program Configuration 4 CONSULTANT delivers complete configuration requirements document Within 20 business days after NTP 25%28,125$ 9 CONSULTANT delivers complete program in User Acceptance Within 45 business days after NTP 75%56,250$ 10 CONSULTANT delivers complete program to Production Within 55 business days after NTP 100%28,125$ 3.2 Individual Program Setup 3.3 Optional Additional Program Setup 22,500$ 3.4 Enrollment Uploads 3.5 Historical Data 4.1 Customer Information System Integration 2.c CONSULTANT delivers complete CIS specification Within 30 business days after NTP 25%5,000$ 4.c Test file is validated by CITY in User Acceptance Testing Within 60 business days after NTP 50%10,000$ 5.e Production environment is configured by CONSULTANT Within 70 business days after NTP 25%5,000$ 4.2 Accounting System Integration1.a CONSULTANT provides AP Specification Within 90 business days after NTP 25%5,000$ 3.d CITY validates system testing complete Within 110 business days after NTP 50%10,000$ 4.d AP integration complete in production Within 130 business days after NTP 25%5,000$ 4.3 Add-On Modules, AB802 Benchmarking2CONSULTANT will provide configuration specification Within 70 business days after NTP 33%5,000$ 5 CITY will validate AB802 benchmarking capability is satisfactory to its needs Within 90 business days after NTP 67%10,000$ 4.4 Optional Add-On Modules, Accela Integration TBD 25,000$ 4.5 Optional Add-On Modules, Marketplace Integration TBD 25,000$ 4.6 Optional Add-On Modules, Energy Service Platforms Portfolio Tool Integration TBD 25,000$ 4.7 Optional Add-On Modules, Low Income Rate Validation TBD No Cost5.1 Standard Reports 1 Standard Reports Provided to CITY Within 135 business days after NTP 13%2,500$ 2 Custom Reports Provided to CITY Within 140 business days after NTP 13%2,500$ 3 Dashboards configured in EECP Within 140 business days after NTP 13%2,500$ 6.1 User Reports 2 Training plan provided to CITY Within 135 business days after NTP 25%5,000$ 2.c Onsite training completed Within 145 business days after NTP 25%5,000$ 2.d Training manuals provided Within 150 business days after NTP 13%2,500$ 7.1 Ongoing Support Ongoing 8.1 Invoicing Implementation Monthly, Recurring Services Quarterly9.1 Final Project Report Within 30 business days after project completion 9.2 Maintain Invoice Copies For 2 years after contract expirationTotal $ 212,500 $ 97,500 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 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 task-based rate schedule shown below in Table 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, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. Invoice Payment Retention CITY will retain ten percent (10%) of each implementation task billing deliverable until all project implementation tasks have been completed and deemed satisfactory by CITY. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, for such services based on the task amounts set forth in Table C-2 under “Optional Additional Services Prices.” 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. Table C-1: Anticipated Quarterly Cost Structure* *CONSULTANT will invoice CITY at the close of each month upon completion of each billing deliverable identified in Exhibit B, Table B-1 that identifies billing deliverables. The first invoice can be submitted at the end of the first month after NTP has been provided for any completed project deliverables completed during the first month. The following breakdown is the anticipated schedule of payments and is subject to change based on adjusted implementation durations. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 Fiscal Year & Month Sum of Server Setup Sum of Program Configuration Sum of Customer Reports and Training Sum of Customer Information System Integration Sum of Accounting System Integration Sum of AB802 Benchmarking Sum of Implemen tation Retention Sum of Hosting Sum of Licensing & Support Sum of Monthly Invoice Total 2020 $ 25,000 $ 112,500 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 21,250 $ 27,500 $ 27,500 $267,500 1 2 $ 25,000 $ - $ 2,500 $ 2,500 $ 2,500 $ 27,500 3 $ 28,125 $ 5,000 $ 5,000 $ 3,813 $ 2,500 $ 2,500 $ 39,313 4 $ 56,250 $ 10,000 $ 10,000 $ 7,625 $ 2,500 $ 2,500 $ 73,625 5 $ 28,125 $ 5,000 $ 3,313 $ 2,500 $ 2,500 $ 34,813 6 $ 10,000 $ 1,000 $ 2,500 $ 2,500 $ 14,000 7 $ 10,000 $ 1,000 $ 2,500 $ 2,500 $ 14,000 8 $ 17,500 $ 1,750 $ 2,500 $ 2,500 $ 20,750 9 $ 2,500 $ 250 $ 2,500 $ 2,500 $ 28,500 10 $ - $ 2,500 $ 2,500 $ 5,000 11 $ - $ 2,500 $ 2,500 $ 5,000 12 $ - $ 2,500 $ 2,500 $ 5,000 2021 $ - $ 30,000 $ 30,000 $ 60,000 1 $ - $ 2,500 $ 2,500 $ 5,000 2 $ - $ 2,500 $ 2,500 $ 5,000 3 $ - $ 2,500 $ 2,500 $ 5,000 4 $ - $ 2,500 $ 2,500 $ 5,000 5 $ - $ 2,500 $ 2,500 $ 5,000 6 $ - $ 2,500 $ 2,500 $ 5,000 7 $ - $ 2,500 $ 2,500 $ 5,000 8 $ - $ 2,500 $ 2,500 $ 5,000 9 $ - $ 2,500 $ 2,500 $ 5,000 10 $ - $ 2,500 $ 2,500 $ 5,000 11 $ - $ 2,500 $ 2,500 $ 5,000 12 $ - $ 2,500 $ 2,500 $ 5,000 2022 $ - $ 30,000 $ 30,000 $ 60,000 1 $ - $ 2,500 $ 2,500 $ 5,000 2 $ - $ 2,500 $ 2,500 $ 5,000 3 $ - $ 2,500 $ 2,500 $ 5,000 4 $ - $ 2,500 $ 2,500 $ 5,000 5 $ - $ 2,500 $ 2,500 $ 5,000 6 $ - $ 2,500 $ 2,500 $ 5,000 7 $ - $ 2,500 $ 2,500 $ 5,000 8 $ - $ 2,500 $ 2,500 $ 5,000 9 $ - $ 2,500 $ 2,500 $ 5,000 10 $ - $ 2,500 $ 2,500 $ 5,000 11 $ - $ 2,500 $ 2,500 $ 5,000 12 $ - $ 2,500 $ 2,500 $ 5,000 2023 $ - $ 30,000 $ 30,000 $ 60,000 1 $ - $ 2,500 $ 2,500 $ 5,000 2 $ - $ 2,500 $ 2,500 $ 5,000 3 $ - $ 2,500 $ 2,500 $ 5,000 4 $ - $ 2,500 $ 2,500 $ 5,000 5 $ - $ 2,500 $ 2,500 $ 5,000 6 $ - $ 2,500 $ 2,500 $ 5,000 7 $ - $ 2,500 $ 2,500 $ 5,000 8 $ - $ 2,500 $ 2,500 $ 5,000 9 $ - $ 2,500 $ 2,500 $ 5,000 10 $ - $ 2,500 $ 2,500 $ 5,000 11 $ - $ 2,500 $ 2,500 $ 5,000 12 $ - $ 2,500 $ 2,500 $ 5,000 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 Fiscal Year & Month Sum of Server Setup Sum of Program Configuration Sum of Customer Reports and Training Sum of Customer Information System Integration Sum of Accounting System Integration Sum of AB802 Benchmarking Sum of Implementation Retention Sum of Hosting Sum of Licensing & Support Sum of Monthly Invoice Total 2024 $ - $ 30,000 $ 30,000 $ 60,000 1 $ - $ 2,500 $ 2,500 $ 5,000 2 $ - $ 2,500 $ 2,500 $ 5,000 3 $ - $ 2,500 $ 2,500 $ 5,000 4 $ - $ 2,500 $ 2,500 $ 5,000 5 $ - $ 2,500 $ 2,500 $ 5,000 6 $ - $ 2,500 $ 2,500 $ 5,000 7 $ - $ 2,500 $ 2,500 $ 5,000 8 $ - $ 2,500 $ 2,500 $ 5,000 9 $ - $ 2,500 $ 2,500 $ 5,000 10 $ - $ 2,500 $ 2,500 $ 5,000 11 $ - $ 2,500 $ 2,500 $ 5,000 12 $ - $ 2,500 $ 2,500 $ 5,000 2025 $ - $ 30,000 $ 30,000 $ 60,000 1 $ - $ 2,500 $ 2,500 $ 5,000 2 $ - $ 2,500 $ 2,500 $ 5,000 3 $ - $ 2,500 $ 2,500 $ 5,000 4 $ - $ 2,500 $ 2,500 $ 5,000 5 $ - $ 2,500 $ 2,500 $ 5,000 6 $ - $ 2,500 $ 2,500 $ 5,000 7 $ - $ 2,500 $ 2,500 $ 5,000 8 $ - $ 2,500 $ 2,500 $ 5,000 9 $ - $ 2,500 $ 2,500 $ 5,000 10 $ - $ 2,500 $ 2,500 $ 5,000 11 $ - $ 2,500 $ 2,500 $ 5,000 12 $ - $ 2,500 $ 2,500 $ 5,000 2026 $ - $ 30,000 $ 30,000 $ 60,000 1 $ - $ 2,500 $ 2,500 $ 5,000 2 $ - $ 2,500 $ 2,500 $ 5,000 3 $ - $ 2,500 $ 2,500 $ 5,000 4 $ - $ 2,500 $ 2,500 $ 5,000 5 $ - $ 2,500 $ 2,500 $ 5,000 6 $ - $ 2,500 $ 2,500 $ 5,000 7 $ - $ 2,500 $ 2,500 $ 5,000 8 $ - $ 2,500 $ 2,500 $ 5,000 9 $ - $ 2,500 $ 2,500 $ 5,000 10 $ - $ 2,500 $ 2,500 $ 5,000 11 $ - $ 2,500 $ 2,500 $ 5,000 12 $ - $ 2,500 $ 2,500 $ 5,000 2027 $ - $ 2,500 $ 2,500 $ 5,000 1 $ - $ 2,500 $ 2,500 $ 5,000 Grand Total $ 25,000 $ 112,500 $ 20,000 $ 20,000 $ 20,000 $ 15,000 $ 21,250 $210,000 $210,000 $632,500 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 Optional Additional Services Prices Table C-2 Optional Tasks Not To Exceed Price Optional Additional Program Setup - 3 programs 22,500$ Optional Add-On Modules, Accela Integration 25,000$ Optional Add-On Modules, Marketplace Integration 25,000$ Optional Add-On Modules, Energy Service Platforms Portfolio Tool Integration 25,000$ Total 97,500$ DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 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. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE 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: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 EXHIBIT “E” VENDOR CYBERSECURITY TERMS AND CONDITIONS VENDOR CYBERSECURITY TERMS AND CONDITIONS This Exhibit shall be made a part of the City of Palo Alto’s Professional Services Agreement or any other contract entered into by and between the City of Palo Alto (the “City”) and ____________________________________ (the “Consultant”) for the provision of Software as a Service services to the City (the “Agreement”). In order to assure the privacy and security of the personal information of the City’s customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons and other individuals and businesses, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the “Consultant”) and its subcontractors, if any, including, without limitation, any Information Technology (“IT”) infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City’s customers. The Consultant shall fulfill the data and information security requirements (the “Requirements”) set forth in Part A below. A “secure IT environment” includes: (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant’s operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the “Alternate Requirements” as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the “ISM”). Part A. Requirements: The Consultant shall at all times during the term of any contract between the City and the Consultant: (a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City’s Information Privacy Policy: DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 (c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following: http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role. (e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels. (f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees’ personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role-based access control (“RBAC”) and segregation of duties (“SoD”) mechanisms for all personnel, systems, and software used to provide the Services. “RBAC” refers to a computer systems security approach to restricting access only to authorized users. “SoD” is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors. (i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services’ environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture. (j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging. (m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City’s performance of random site security audits at the Consultant’s site(s), including the site(s) of a third party service provider(s), as applicable. The scope of these audits will extend to the Consultant’s and its third party service provider(s)’ awareness of security DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Professional Services Rev. April 27, 2018 policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, the Confidential Information will be accessible only by the Consultant and any authorized third party service provider’s personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. (s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this Agreement, all of those records relating to the performance of the Services shall be provided to the ISM. (t) Maintain the Confidential Information in accordance with applicable federal, state and local data and information privacy laws, rules, and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient. (v) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City’s IT environment, including, without limitation, IT infrastructure communications. Part B. Alternate Requirements: DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY S The City persons i consisten §§ 6250 personal ordinary These m federal a including 1798.79. of these business federal a goals and Identifiab Informat third par “Protecte “Persona California reference PURPOSE The City pertainin collected services other in contracto collected regulatio Informat TATEMENT of Palo Alto in Palo Alto. nt with the p –6270, to (including, course and easures are and Californ g, without l 8(b), 1798.8 provisions d in a mann and Californ d objectives ble Informat tion of perso rty under co ed Critical ally Identify a Civil Code e. E y, acting in ng to person d by a variet provided by nformation ors. The City d by the Ci ons and pro tion is collect o (the “City” In promotin provisions of take appro without lim d scope of c generally o nia laws, th imitation, t 80(e), 1798. do not apply er which p ia laws. The , to ensure tion, Protect ons doing b ontract to th Infrastructu ying Informa e sections, its govern s who do bu y of means, y the City, p portals ma y is commit ity. The Cit ocedures, a ted, stored a Pa INFORMATI ”) strives to ng the qualit f the Califor opriate meas mitation, fin conducting t bserved by he City’s ru he provision 81.5, 1798.8 to local gov romotes the e objective o the ongoing ted Critical In usiness with he City to pr ure Informa ation” (coll referred to mental and usiness with including, w persons acce intained by tted to prot ty acknowle and industry and utilized age 1 of 8 ON PRIVACY o promote a ty of life of t nia Public R sures to saf nancial) info the City’s b federal, stat les and reg ns of Califo 82(e), 1798. vernment ag e privacy o of this Polic g protection nfrastructur h the City an rovide servic ation”, “Per ectively, th o above, an d proprietar or receive s without limit essing the C y the City’ tecting the p edges feder y best pra in complian POLICY Y POLICY and sustain these person ecords Act, feguard the ormation o business as te and local gulations, a ornia Civil C .83(e)(7), an gencies like t f personal cy is to desc of the Pers re Informatio nd receiving ces. The te rsonally Ide he “Informa nd are inco ry capacitie services from tation, from City’s websit s staff and privacy and al and Cali ctices are ce with app Y AND PROC Revised a superior q ns, it is the p California G security an f persons, a local gove l authorities nd industry Code §§ 179 nd 1798.92(c the City, the information cribe the Cit sonal Inform on and Perso g services fr rms “Person entifiable In ation”) are orporated in es, collects m the City. T m persons ap te, and pers d/or author security of fornia laws dedicated t licable laws. CEDURES 1‐6 : December quality of lif policy of the Government nd privacy o collected in ernment ag s and reflect y best prac 98.3(a), 179 c). Though s City will con , as reflecte ty’s data sec mation, Perso onally Identi om the City nal Informat nformation” defined in n this Polic the Inform he Informat pplying to re sons who a rized third‐ the Inform , policies, r to ensuring . 64/IT 2017 fe for e City, Code of the n the ency. ted in tices, 98.24, some nduct ed in curity onally ifying y or a tion,” and n the cy by ation ion is eceive ccess party ation rules, g the DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 EXHIBIT "F" DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY AND PROCEDURES 1‐64/IT Revised: December 2017 Page 2 of 8 The goals and objectives of the Policy are: (a) a safe, productive, and inoffensive work environment for all users having access to the City’s applications and databases; (b) the appropriate maintenance and security of database information assets owned by, or entrusted to, the City; (c) the controlled access and security of the Information provided to the City’s staff and third party contractors; and (d) faithful compliance with legal and regulatory requirements. SCOPE The Policy will guide the City’s staff and, indirectly, third party contractors, which are by contract required to protect the confidentiality and privacy of the Information of the persons whose personal information data are intended to be covered by the Policy and which will be advised by City staff to conform their performances to the Policy should they enjoy conditional access to that information. CONSEQUENCES The City’s employees shall comply with the Policy in the execution of their official duties to the extent their work implicates access to the Information referred to in this Policy. A failure to comply may result in employment and/or legal consequences. EXCEPTIONS In the event that a City employee cannot fully comply with one or more element(s) described in this Policy, the employee may request an exception by submitting Security Exception Request. The exception request will be reviewed and administered by the City’s Information Security Manager (the “ISM”). The employee, with the approval of his or her supervisor, will provide any additional information as may be requested by the ISM. The ISM will conduct a risk assessment of the requested exception in accordance with guidelines approved by the City’s Chief Information Officer (“CIO”) and approved as to form by the City Attorney. The Policy’s guidelines will include at a minimum: purpose, source, collection, storage, access, retention, usage, and protection of the Information identified in the request. The ISM will consult with the CIO to approve or deny the exception request. After due consideration is given to the request, the exception request disposition will be communicated, in writing, to the City employee and his or her supervisor. The approval of any request may be subject to countermeasures established by the CIO, acting by the ISM. MUNICIPAL ORDINANCE This Policy will supersede any City policy, rule, regulation or procedure regarding information privacy. RESPONSIBILITIES OF CITY STAFF DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY AND PROCEDURES 1‐64/IT Revised: December 2017 Page 3 of 8 A. RESPONSIBILITY OF CIO AND ISM The CIO, acting by the ISM, will establish an information security management framework to initiate and coordinate the implementation of information security measures by the City’s government. The City’s employees, in particular, software application users and database users, and, indirectly, third party contractors under contract to the City to provide services, shall by guided by this Policy in the performance of their job responsibilities. The ISM will be responsible for: (a) developing and updating the Policy, (b) enforcing compliance with and the effectiveness of the Policy; (c) the development of privacy standards that will manifest the Policy in detailed, auditable technical requirements, which will be designed and maintained by the persons responsible for the City’s IT environments; (d) assisting the City’s staff in evaluating security and privacy incidents that arise in regard to potential violations of the Policy; (e) reviewing and approving department‐specific policies and procedures which fall under the purview of this Policy; and (f) reviewing Non‐ Disclosure Agreements (NDAs) signed by third party contractors, which will provide services, including, without limitation, local or ‘cloud‐based’ software services to the City. B. RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE The Information Security Steering Committee (the “ISSC”), which is comprised of the City’s employees, drawn from the various City departments, will provide the primary direction, prioritization and approval for all information security efforts, including key information security and privacy risks, programs, initiatives and activities. The ISSC will provide input to the information security and privacy strategic planning processes to ensure that information security risks are adequately considered, assessed and addressed at the appropriate City department level. C. RESPONSIBILITY OF USERS All authorized users of the Information will be responsible for complying with information privacy processes and technologies within the scope of responsibility of each user. D. RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS The City’s IT Managers, who are responsible for internal, external, direct and indirect connections to the City’s networks, will be responsible for configuring, maintaining and securing the City’s IT networks in compliance with the City’s information security and privacy policies. They are also responsible for timely internal reporting of events that may have compromised network, system or data security. DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY AND PROCEDURES 1‐64/IT Revised: December 2017 Page 4 of 8 E. RESPONSIBILITY OF AUTHORIZATION COORDINATION The ISM will ensure that the City’s employees secure the execution of Non‐Disclosure Agreements (NDA), whenever access to the Information will be granted to third party contractors, in conjunction with the Software as a Service (SaaS) Security and Privacy Terms and Conditions. An NDA must be executed prior to the sharing of the Information of persons covered by this Policy with third party contractors. The City’s approach to managing information security and its implementation (i.e. objectives, policies, processes, and procedures for information security) will be reviewed independently by the ISM at planned intervals, or whenever significant changes to security implementation have occurred. The CIO, acting by the ISM, will review and recommend changes to the Policy annually, or as appropriate, commencing from the date of its adoption. GENERAL PROCEDURE FOR INFORMATION PRIVACY A. OVERVIEW The Policy applies to activities that involve the use of the City’s information assets, namely, the Information of persons doing business with the City or receiving services from the City, which are owned by, or entrusted to, the City and will be made available to the City’s employees and third party contractors under contract to the City to provide Software as a Service consulting services. These activities include, without limitation, accessing the Internet, using e‐mail, accessing the City’s intranet or other networks, systems, or devices. The term “information assets” also includes the personal information of the City’s employees and any other related organizations while those assets are under the City’s control. Security measures will be designed, implemented, and maintained to ensure that only authorized persons will enjoy access to the information assets. The City’s staff will act to protect its information assets from theft, damage, loss, compromise, and inappropriate disclosure or alteration. The City will plan, design, implement and maintain information management systems, networks and processes in order to assure the appropriate confidentiality, integrity, and availability of its information assets to the City’s employees and authorized third parties. B. PERSONAL INFORMATION AND CHOICE Except as permitted or provided by applicable laws, the City will not share the Information of any person doing business with the City, or receiving services from the City, in violation of this Policy, unless that person has consented to the City’s sharing of such information during the conduct of the City’s business as a local government agency with third parties under contract to the City to provide services. DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY AND PROCEDURES 1‐64/IT Revised: December 2017 Page 5 of 8 C. METHODS OF COLLECTION OF PERSONAL INFORMATION The City may gather the Information from a variety of sources and resources, provided that the collection of such information is both necessary and appropriate in order for the City to conduct business as a local government agency in its governmental and proprietary capacities. That information may be gathered at service windows and contact centers as well as at web sites, by mobile applications, and with other technologies, wherever the City may interact with persons who need to share such formation in order to secure the City’s services. The City’s staff will inform the persons whose Information are covered by this Policy that the City’s web site may use “cookies” to customize the browsing experience with the City of Palo Alto web site. The City will note that a cookie contains unique information that a web site can use to track, among others, the Internet Protocol address of the computer used to access the City’s web sites, the identification of the browser software and operating systems used, the date and time a user accessed the site, and the Internet address of the website from which the user linked to the City’s web sites. Cookies created on the user’s computer by using the City’s web site do not contain the Information, and thus do not compromise the user’s privacy or security. Users can refuse the cookies or delete the cookie files from their computers by using any of the widely available methods. If the user chooses not to accept a cookie on his or her computer, it will not prevent or prohibit the user from gaining access to or using the City’s sites. D. UTILITIES SERVICE In the provision of utility services to persons located within Palo Alto, the City of Palo Alto Utilities Department (“CPAU”) will collect the Information in order to initiate and manage utility services to customers. To the extent the management of that information is not specifically addressed in the Utilities Rules and Regulations or other ordinances, rules, regulations or procedures, this Policy will apply; provided, however, any such Rules and Regulations must conform to this Policy, unless otherwise directed or approved by the Council. This includes the sharing of CPAU‐collected Information with other City departments except as may be required by law. Businesses and residents with standard utility meters and/or having non‐metered monthly services will have secure access through a CPAU website to their Information, including, without limitation, their monthly utility usage and billing data. In addition to their regular monthly utilities billing, businesses and residents with non‐standard or experimental electric, water or natural gas meters may have their usage and/or billing data provided to them through non‐City electronic portals at different intervals than with the standard monthly billing. DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY AND PROCEDURES 1‐64/IT Revised: December 2017 Page 6 of 8 Businesses and residents with such non‐standard or experimental metering will have their Information covered by the same privacy protections and personal information exchange rules applicable to Information under applicable federal and California laws. E. PUBLIC DISCLOSURE The Information that is collected by the City in the ordinary course and scope of conducting its business could be incorporated in a public record that may be subject to inspection and copying by the public, unless such information is exempt from disclosure to the public by California law. F. ACCESS TO PERSONAL INFORMATION The City will take reasonable steps to verify a person’s identity before the City will grant anyone online access to that person’s Information. Each City department that collects Information will afford access to affected persons who can review and update that information at reasonable times. G. SECURITY, CONFIDENTIALITY AND NON‐DISCLOSURE Except as otherwise provided by applicable law or this Policy, the City will treat the Information of persons covered by this Policy as confidential and will not disclose it, or permit it to be disclosed, to third parties without the express written consent of the person affected. The City will develop and maintain reasonable controls that are designed to protect the confidentiality and security of the Information of persons covered by this Policy. The City may authorize the City’s employee and or third party contractors to access and/or use the Information of persons who do business with the City or receive services from the City. In those instances, the City will require the City’s employee and/or the third party contractors to agree to use such Information only in furtherance of City‐related business and in accordance with the Policy. If the City becomes aware of a breach, or has reasonable grounds to believe that a security breach has occurred, with respect to the Information of a person, the City will notify the affected person of such breach in accordance with applicable laws. The notice of breach will include the date(s) or estimated date(s) of the known or suspected breach, the nature of the Information that is the subject of the breach, and the proposed action to be taken or the responsive action taken by the City. H. DATA RETENTION / INFORMATION RETENTION DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY AND PROCEDURES 1‐64/IT Revised: December 2017 Page 7 of 8 The City will store and secure all Information for a period of time as may be required by law, or if no period is established by law, for seven (7) years, and thereafter such information will be scheduled for destruction. I. SOFTWARE AS A SERVICE (SAAS) OVERSIGHT The City may engage third party contractors and vendors to provide software application and database services, commonly known as Software‐as‐a‐Service (SaaS). In order to assure the privacy and security of the Information of those who do business with the City and those who received services from the City, as a condition of selling goods and/or services to the City, the SaaS services provider and its subcontractors, if any, including any IT infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, while it performs such services and/or furnishes goods to the City, to the extent any scope of work or services implicates the confidentiality and privacy of the Information. These requirements include information security directives pertaining to: (a) the IT infrastructure, by which the services are provided to the City, including connection to the City's IT systems; (b) the SaaS services provider’s operations and maintenance processes needed to support the IT environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. The term “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. Prior to entering into an agreement to provide services to the City, the City’s staff will require the SaaS services provider to complete and submit an Information Security and Privacy Questionnaire. In the event that the SaaS services provider reasonably determines that it cannot fulfill the information security requirements during the course of providing services, the City will require the SaaS services provider to promptly inform the ISM. J. FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 CPAU will require utility customers to provide their Information in order for the City to initiate and manage utility services to them. Federal regulations, implementing the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108‐159), including the Red Flag Rules, require that CPAU, as a “covered financial institution or creditor” which provides services in advance of payment and which can affect consumer credit, develop and implement procedures for an identity theft program for new and existing accounts to detect, prevent, respond and mitigate potential identity theft of its customers’ Information. DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 POLICY AND PROCEDURES 1‐64/IT Revised: December 2017 Page 8 of 8 CPAU procedures for potential identity theft will be reviewed independently by the ISM annually or whenever significant changes to security implementation have occurred. The ISM will recommend changes to CPAU identity theft procedures, or as appropriate, so as to conform to this Policy. There are California laws which are applicable to identity theft; they are set forth in California Civil Code § 1798.92. NOTE: Questions regarding this policy should be referred to the Information Technology Department, as appropriate. Recommended: __________________________________ ________________ Director Information Technology/CIO Date Approved: ___________________________________ _________________ City Manager Date DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 12/5/2017 12/13/2017 DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Requirements #Performance Requirements Direct Technology Response3.1.1 Demonstrated high reliability (less than 1% of unplanned downtime) over at least three years of continuous use by other utilities Outside of regularly scheduled maintenance, ESG currently maintains a 99.9 percent uptime for EECP. ESG can provide a regularly scheduled application uptime report to provide monthly details on these metrics 3.1.2 Ability to capture program requirements, such as eligible equipment, receipts, photos, etc. when uploaded by applicants, vendors, EECP is a highly configurable tool allowing for individual program requirements to be configured by an admin user. These configurations include detailed eligibility requirements, equipment information, and documentation required to process enrollments. EECP contains a configurable online application that allows customers and contractors to submit applications via a secure web link. EECP generates a link for each program the City chooses to accept online applications for. This link will be placed on the City website to allow for customers to easily find and apply for programs. 3.1.3 Flexibility to allow CITY to edit the format, style, and content of the program and measure inputs EECP allows for configuration of the online application format and style by using CSS style sheets that will be provided by the City. All content for program and measure input is configurable by the city.3.1.4 Ability for CITY to easily add programs and measures independently of the PROPOSER ESG does not limit the amount of programs, measures, or users of the system. The City will have the ability to create new programs, measures, and users through configuration. EECP provides the ability to create new programs and measures in the UA environment or “Sandbox” and these can then be loaded to production. This saves the city huge amounts of time when testing and creating new programs. 3.1.5 Bulk importing of large amounts of customer measure data by CITY vendors and staff, with some amount of data validation and clean up EECP provides two ways to upload bulk data. EECP allows for program data to be loaded in a bulk upload file from 3rd parties. EECP generates a unique template for each program that the 3rd party can easily use.EECP’s enrollment API allows for project data to be transferred in real time from 3rd party systems into EECP. This is a two way API where 3rd party systems with appropriate permissions can validate the City customers and eligibility before enrolling the customer in the program.Both options have data validation built in, returning lines of data as failed rather than the entire load. EECP then provides a report of why the line of data failed, to allow for third party’s to reload once the file has been cleaned. 3.1.6 Calculation of savings and incentives by CITY-defined, flexible units of measurement EECP contains a configurable savings and pricing schedule. This allows the City to create formula’s or used deemed amounts at a per measure basis. These are date driven schedules, so if a savings formula needs to be changed the user has the option to update the savings of the measure to a previous date, or move forward with the new savings amount.The Pricing schedule is configurable by date and trade ally. If multiple trade ally’s work on one program, the city can configure different pricing incentives per trade ally. This is date driven and can be altered during certain months if the City is offering a higher incentive to drive program participation. 3.1.7 Robust search features for both customer and CITY staff EECP has the ability to allow users of the system to log in and query projects by a number of different fields. Whether it is by program, date, or specific account number, EECP users with the approved access can search for these projects.External users can search for rebates they applied for using either their account number or system generated enrollment number. If a customer has multiple applications submitted, they can enter their account number to see all pending projects. 3.1.8 Incentive payment tracking, batching, and exporting of files for external payment processing EECP has functionality to support batch invoices to be generated with a bulk of processed applications. This module of EECP has the ability to export a standard format of applications to be sent to AP departments. This can be completely automated, and uploaded to the AP system. Part of this file transfer process allows for an export from the the City AP system back to EECP. This file includes payment information such as check number, check cut date, and amount. 3.1.9 Permission levels to restrict access for different users, including CITY administrators, CITY program managers, 3rd-party vendors, and customers EECP’s highly secured, role-based system provides administrative users the ability to grant very granular access controls and permissions to ensure the integrity of the system and to prevent customer information from being compromised. This role-based security ensures that all users have the access they need, and only what they need. EECP can be easily configured so that participating contractors can enter or upload data and access reports about their participation members or project only; City designated staff can have full system access; and City database administrators are empowered to grant or revoke role-based user access to others. Additionally, detailed audit trails are kept for later review by administrative users to ensure proper security controls are kept and monitored 3.1.10 Support for whole-project rebate applications that contain multiple types of measures in one application EECP can be configured to accept multiple measures in one application. This process can help condense overall number of programs, and provide an easier application process for City customers. Exhibit "G" Performance Requirements DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Requirements #Performance Requirements Direct Technology Response3.1.11 Automated communications configured by work flows, as well as staff-generated emails to customer and contractors, directly from the software and documented in the project EECP has the ability to communicate to customers via automated and staff generated emails. The automated emails can be triggered based off of workflow status change, formulas, and time spent idle in a specified status. These emails are created based off of configurable letter templates built in EECP. They can include system generated fields as well as custom fields configured in the system by City users.All emails sent are stored in EECP with details of the trigger, email content, and sent time. 3.2.1. Demonstrated high reliability (less than 1% of unplanned downtime) over at least three years of continuous use by other utilities Outside of regularly scheduled maintenance, ESG currently maintains a 99.9 percent uptime for EECP. ESG can provide a regularly scheduled application uptime report to provide monthly details on these metrics 3.2.2. Tracking of all data at the portfolio, program, project, and measure levels, for all parameters needed for program management and planning EECP was built to manage entire DSM portfolios. This requirement is native to EECP, with functionality built to provide the tracking and visibility to all aspects of a DSM program. EECP allows for fields to be configured at the program, measure and workflow step level. Parameters from savings, incentives, and expenditures are all system generated fields in EECP. Every Field collected in EECP is available in our reporting database. This allows for detailed planning and tracking for the City. 3.2.3. Tracking of staff, marketing, and other miscellaneous costs with the ability to appropriately allocate to the measures, projects, and programs When creating an invoice the user can manually type in a dollar amount to be included on that invoice and allocated to that budget and cost element line item on the invoice. You can then report on those dollars spent in a custom report. For the expense breakdown you can indicate that the expense should be manually entered on the invoice or that it is a labor expense so you'd enter the number of hours on the invoice and that number would be multiplied by the configured hourly rate for that job type. You can the generate a report on those dollars spent. Measure budget allocation is all set up through configuration. The City can report on the budget dollars associated with that measure that are either planned, committed (installed but not expensed), or expensed. . 3.2.4. Calculation of cost-effectiveness metrics of interest to CITY (including the levelized cost of efficiency, total resource cost test, and program administrator cost test), with flexibility for City staff to add calculations on their own in the future User Defined Lookup Tables can be configured by authorized users to add a new lookup table to the system as needed. This lookup table can be configured in an Excel spreadsheet to include all fields and associated properties for the new table to reference which can then be uploaded to the system any time changes need to be made.This can be used to load data such as avoided cost in EECP and allow for cost effectives reports to be created. 3.2.5. Scenario analysis to allow CITY staff to understand the impacts of changes to the CITY’s programs on cost effectiveness Similar to the above response, data can be stored in EECP’s user defined look up tables to generate reports to understand the impacts to cost effectiveness. 3.2.6. Tracking of savings totals on a cumulative basis, to assist CITY’s compliance towards SB350 As EECP has the ability to store all of the City’s DSM program data, cumulative savings date will be tracked and available to the City. Standard reports or dashboards will be developed to assist the City in achieving compliance of SB350 3.2.7. Possible integration with CIS, billing, application portal, and other CITY systems – provide specific cost estimates for each integration. If the proposal includes any online portal component for customers, the PROPOSER will integrate with the current CITY online customer account portal, hosted by Smart Energy Water Systems, Inc. This will be accomplished through a single sign on, tabbed integrated approach or external authentication using an API. See Task 3.7 Integration EECP has the ability to integrate with CIS and Billing systems through our standard flat file upload approach outlined in the work plan. We have outlined the approach to integrate with Smart Water Energy Systems in section 3.7 3.2.8. Ability to accept and store data from existing and prior programs for the past 10 years, pre-entered and validated by the PROPOSER as a part of initial configuration, for the purpose of being able to use dynamically selected portions for annual comparisons, trending, and cumulative reporting ESG has loaded historical data with each implementation of EECP for our utility clients. This data is available for reporting purposes, as well as eligibility checks for customers past projects. EECP can run eligibility checks to flag or stop customers from submitting applications they have already been paid for. EECP can run checks down to the equipment detail level such as serial number, to ensure that the City does not pay a rebate twice for the same piece of equipment. All these eligibility checks are configurable by the City. 3.3.1. A pre-defined training plan for staff and administrators ESG has pre-defined training plans depended on the user of the system: including managing programs, measures, budgets, pricing, and savings rules. managing a program throughout the program cycle. The agenda may include workflow step processing, approvals, invoicing, and reporting. generation, configuration and modification for staff responsible for it. generation, configuration and modification for staff responsible for it. personnel who use EECP. invoices. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Requirements #Performance Requirements Direct Technology Response3.3.2. Specialized “super-user” training to ensure select staff members have a deep understanding of the tool and can help address questions or issues from other staff members ESG will hold train the trainer sessions to ensure that City super users have a deep understanding of EECP, and can train new users of the system. These session begin upon implementation, as the City super users will be key members of the implementation team and learn through the process of implementing the system. 3.3.3. Onsite training at Palo Alto City Hall ESG is located in Northern California near Palo Alto and will provide onsite training. Having ESG available for onsite meetings and training with low travel costs will be a key aspect of the project. 3.3.4. Online manual with step-by-step instructions for the majority of tasks that will be faced by program managers EECP contains an online help manual that is accessed through the user interface. A user of EECP can access the online help at different screens and based on the section, the user will be brought to the online help screen specific to the function where the user launched the online help. 3.3.5. Copies of training material used, to support the ongoing understanding of users and assist in the onboarding of future users ESG provides training documentation for each training class provided by ESG. 3.4.1. Allow users to export data and reports in a variety of formats, using an intuitive report-creation framework, on an on-demand basis EECP’s reporting tool provides City users the ability to export data and reports in standard Microsoft formats (.csv, .xls, word, PDF). Ad-hoc reporting is available through Microsoft SSRS 2017 reporting and allows for a user friendly tool to create reports on an on-demand basis. ESG will train City users on using EECP’s ad hoc reporting tool to create and edit reports.3.4.2. Generation of pre-defined reports and exports metrics of interest by program, portfolio, and measure EECP comes out of the box with 27 canned reports and an executive interactive dashboard. EECP contains an ad-hoc reporting tool that allows for the City to create their own customized reports. .As part of implementation ESG will create custom reports for the City. These reports will be designed in collaboration with ESG and the City and will be delivered pre- configured upon go live. 3.4.3. Pre-configured and user-editable dashboards for program managers and administrators EECP contains an interactive executive dashboard that shows participation, savings, and expenditures by program and portfolio. Additional dashboards can be created by ESG upon implementation using the EECP ad-hoc reporting tool. These dashboards will then be editable by the city for future use. 3.4.4. Support for multi-year programs, with flexibility to query activity based on fiscal and calendar years EECP is able to support multiyear programs and query data based on both calendar and fiscal year. Program year timelines can be configured for however long the City would like. Programs such as community solar tracked in EECP, have over 10 years of program life. 3.5 The software should be easy enough to use, with sufficient training materials, that substantial ongoing support and training should not be necessary. Additionally, CITY staff must be able to modify programs, measures, templates, reports, and all other process-management-critical components without outside assistance and through intuitive processes. However, unexpected situations may arise that require support from the PROPOSER. PROPOSERs should explain their plan for ongoing support for additional challenges, including an incremental price structure for available support features. ESG understands the need for the City to modify and add new programs, measures, reports and other system configurations. As part of EECP’s monthly fee we include unlimited access to our customer care team that will provide Level 1 support to the City. This support is outlined in the work plan, and ensures the City there system is always up to date and they have a true partner moving forward.Any support outside of customer care will be provided at ESG’s professional service rate. 3.6.1.Provide project status report updates As part of the project charter ESG and the City will define metrics that will be included in the project status reports. These project status reports will be updated weekly by ESG3.6.2.PROPOSERs who successfully execute contracts with CITY must provide accurate and timely reporting of ongoing program accomplishments, concerns and plans. As part of the weekly project plan provided by ESG to the City, a risk matrix outlining any task that is at risk of missing its targeted delivery date. This is risk matrix will include any other project concerns, along with an action item list outlining how these concerns will be avoided.ESG will work with the City to define the format and structure of the weekly project plan to highlight the successes of the project, including accomplishments and objectives met. These accomplishments will be defined in the project charter and tracked throughout the project. 3.6.3.Depending on Task design, program reports may include information on program participation, cost expenditure and budget remaining, commodity savings, status of outlined goals, and customer touch points. This may also include a CITY specified reporting template. ESG will develop the defined reports needed by the City during implementation. If a change is required to these reports, or a new report is needed, the City will have the ability to create or edit reports using EECP’s ad-hoc reporting tool. The City also has the option to engage ESG professional services team to edit these reports at a time and materials cost. 3.6.4.PROPOSERs will be required to provide program reports monthly, quarterly, annually or as needed ESG will develop the defined reports needed by the City during implementation. If a change is required to these reports, or a new report is needed, the City will have the ability to create or edit reports using EECP’s ad-hoc reporting tool. The City also has the option to engage ESG professional services team to edit these reports at a time and materials cost. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Requirements #Performance Requirements Direct Technology Response3.7 If the proposal includes any online portal component for customers, the PROPOSER will integrate with the current CITY online customer account portal, hosted by Smart Energy Water Systems, Inc. This will be accomplished through a single sign on, either via a protocol such as SAML 2.0 or an API, AND will be accomplished through a tabbed integrated approach or an external microsite. Proposer must detail their approach and have this Integration Task appropriately reflected in their cost proposal Attachment E1 or E2. EECP’s online application does not require City customers to create a user name or password. EECP authenticates the customer by account number, with the option to provide further authentication through street number, name, zip code, or full address. An out of the box option that would be at no cost to the City would be to utilize the EECP API that provides a token that can be used in conjunction with the online application to seed the customers online account number Once the customer signs into the City portal, the customer can click the link to apply for a program, and their account number will be sent over and the online form pre populated. If the customer does not sign in to the City portal, the online application will pre populated with customer information upon the customer entering their account number. DocuSign Envelope ID: 563A7D67-86BE-4007-987E-2A5EEDBE5E87 Certificate Of Completion Envelope Id: 563A7D6786BE4007987E2A5EEDBE5E87 Status: Completed Subject: Please DocuSign: C20174817_DirectTechnology_Final.pdf Source Envelope: Document Pages: 44 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Lacey Lutes AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Lacey.Lutes@CityofPaloAlto.org IP Address: 73.202.60.60 Record Tracking Status: Original 6/28/2019 6:23:03 AM Holder: Lacey Lutes Lacey.Lutes@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Daniel S. Konieczny dkonieczny@directtechnology.com COO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 216.93.212.234 Signed using mobile Sent: 6/28/2019 6:47:00 AM Viewed: 6/28/2019 9:27:26 AM Signed: 6/28/2019 9:28:22 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kristen Long klong@directtechnology.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.222.5.61 Signed using mobile Sent: 6/28/2019 9:28:24 AM Viewed: 6/28/2019 9:34:42 AM Signed: 6/28/2019 9:51:25 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Micah Babbitt micah.babbitt@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 6/28/2019 9:51:28 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Rebecca Duchon rebecca.duchon@cityofpaloalto.org Admin Assoc II City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 6/28/2019 9:51:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tabatha Boatwright tabatha.boatwright@cityofpaloalto.org Administrative Associate III City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 6/28/2019 9:51:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/28/2019 9:51:30 AM Certified Delivered Security Checked 6/28/2019 9:51:30 AM Signing Complete Security Checked 6/28/2019 9:51:30 AM Completed Security Checked 6/28/2019 9:51:30 AM Payment Events Status Timestamps CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR August 12, 2019 The Honorable City Council Palo Alto, California Policy and Services Committee Recommends the City Council Accept the Auditor’s Office Quarterly Reports as of December 31, 2018 and March 31, 2019 The Office of the City Auditor recommends acceptance of the Auditor’s Office Quarterly Reports as of December 31, 2018 and March 31, 2019. At its meeting on June 11, 2019, the Policy and Services Committee unanimously recommended that the City Council accept the report. The City Auditor’s report to the Policy and Services Committee and the transcript minutes are available on the City’s Policy and Services Committee website. Respectfully submitted, Don Rhoads, CPA Special Advisor to the Office of the City Auditor Management Partners ATTACHMENTS: • Attachment A: Auditor's Office Quarterly Report as of December 31, 2018 (PDF) • Attachment B: Auditor's Office Quarterly Report as of March 31, 2019 (PDF) Department Head: Don Rhoads, Special Advisor to the Office of the City Auditor Page 2 Quarterly Report as of December 31, 2018 Office of the City Auditor “Promoting honest, efficient, effective, economical, and fully accountable and transparent city government.” Attachment A PAGE 2 Fiscal Year (FY) 2019 Second Quarter Update (October – December 2018) Overview The audit function is essential to the City of Palo Alto’s public accountability. The mission of the Office of the City Auditor, as mandated by the City Charter and Municipal Code, is to promote honest, efficient, effective, economical, and fully accountable and transparent city government. We conduct performance audits and reviews to provide the City Council and City management with information and evaluations regarding how effectively and efficiently resources are used; the adequacy of internal control systems; and compliance with policies, procedures, and regulatory requirements. Taking appropriate action on our audit recommendations helps the City reduce risks and protect its good reputation. Activity Highlights •Issued three audits: 1) ERP Planning – Separation of Duties, 2) ERP Planning – Data Standardization, and 3) Code Enforcement. •The external financial auditor completed the annual financial audit and federal single audit, which we presented to the Finance Committee in December 2018. •City Auditor Harriet Richardson announced that she plans to retire in February 2019. Audit and Project Work Below is a summary of our audit and project work for the second quarter of FY 2019: Title Objective(s) Start Date End Date Status Results/Comments Business Registry Evaluate the rules and processes used to establish the business registry and make recommendations to help clean up the data and ensure accuracy in the future. 02/18 Early 2019 In Progress This audit was presented to the Policy & Services Committee in September 2018. The Committee requested additional analysis, which we will bring back to the Committee in 2019. ERP Planning Audit: Data Reliability and Integrity – Data Standardization This is one of a series of audits that focus on evaluating the integrity and reliability of data in SAP and making recommendations to ensure that identified deficiencies are corrected prior to transferring data to the new ERP system. This audit focuses on identifying where standardizing data would be beneficial when implementing the new ERP system 05/17 10/18 Completed This audit was completed and presented to the Policy & Services Committee in October 2018. ERP Planning Audit: Separation of Duties Evaluate the adequacy of separation of duties for various activities in the current SAP system and make recommendations to ensure that identified deficiencies are corrected for the new ERP system. 05/17 10/18 Completed This audit was completed and presented to the Policy & Services Committee in October 2018. Attachment A PAGE 3 Title Objective(s) Start Date End Date Status Results/Comments Code Enforcement Audit Evaluate the timeliness and effectiveness of code enforcement actions, the effectiveness of communication with the public, and the accuracy and completeness of code enforcement case tracking for decision making purposes. We conducted a resident survey to help inform our audit recommendations, as described below. 05/17 11/18 Completed This audit was completed and presented to the Policy & Services Committee in November 2018. ERP Planning Audit: Data Reliability and Integrity – Personnel Data This is one of a series of audits that focus on evaluating the integrity and reliability of data in SAP and making recommendations to ensure that identified deficiencies are corrected prior to transferring data to the new ERP system. This audit focuses on assessing the accuracy of employee master data, such as name, address, birthdate, and social security number. 09/17 Early 2019 In Progress This audit is in the report writing phase and will be presented to the Policy & Services Committee in 2019. NOTE: We previously referred to this audit as “Human Resources/Payroll Data” but changed it to “Personnel Data” for clarification. ERP Planning Audit: Data Reliability and Integrity – Utilities Customer Data This is one of a series of audits that focus on evaluating the integrity and reliability of data in SAP and making recommendations to ensure that identified deficiencies are corrected prior to transferring data to the new ERP system. This audit focuses on assessing the accuracy of Utilities’ customer master data that is used for billing purposes, such as customer name, service and billing addresses, and move-in and move-out dates. 06/18 Early 2019 In Progress This audit is in the report writing phase and will be presented to the Policy & Services Committee in 2019. Mobile Device Inventory and Security Determine if the City accurately inventories and securely manages city- owned mobile devices, including laptops, tablets, cell/smart phones, and radios. 03/18 Early 2019 In Progress This audit is in the report writing phase and will be presented to the Policy & Services Committee in 2019. Nonprofit Service Agreements Audit Evaluate whether nonprofit organizations that receive City funding are achieving the outcomes we expect from the funding we provide and if City departments monitor the nonprofit service agreements to ensure that the required services are performed. The audit focuses primarily on nonprofit organizations that provide senior services. 06/18 Early 2019 In Progress This audit is in the report writing phase and will be presented to the Policy * Services Committee in 2019. NOTE: We previously referred to this audit as “Nonprofit Organizations Audit” but changed it to “Nonprofit Service Agreements” for clarification. Attachment A PAGE 4 Title Objective(s) Start Date End Date Status Results/Comments Contract Oversight Select a sample of contracts to evaluate the contract oversight process by determining if the City has adequate processes to ensure that the City receives the goods and services it paid for, that contracts did not result in unnecessary overlaps in services, and that contract extensions and change orders were appropriate. 06/18 Early 2019 In Progress This audit is in the field work phase and will be presented to the Policy & Services Committee in early 2019. Transferable Development Rights Determine if the City maintains an accurate and complete record of the transferable development rights (both City-owned and non-City-owned) that have been certified, transferred, and used to date. 06/18 Mid- 2019 In Progress This audit is in the planning phase. We expect to complete the audit in mid-2019. ERP Nonaudit Service Provide advisory services to the Department of Information Technology regarding its planning of a new ERP system. 09/16 N/A On hold We have not provided this service in FY 2019. We will resume our service after the City decides how to move forward with its ERP project. We will then focus on assisting the City with addressing the issues we identified during the ERP planning phase and prior audits. National Citizen Survey™ Obtain resident opinions about the community and services provided by the City of Palo Alto and benchmark our results against other jurisdictions. 06/18 01/19 In Progress The National Research Center sent a draft report in December and the Auditor’s Office is analyzing the raw data. The results will be presented at the annual Council retreat in February 2019. Performance Report Provides citywide information for key areas, including spending, staffing, workload, and performance. 10/18 Early 2019 In Progress Departments provided data, which we are compiling into the annual report. The report will be published early in 2019. Citizen Centric Report Provides City and community information, performance results, and summary revenue and expenditure data in an easy-to-ready four-page format. 10/18 Early 2019 In Progress Data have been collected and are being compiled into the report, which will be published early in 2019. Attachment A PAGE 5 Other Monitoring and Administrative Assignments Below is a summary of other assignments as of December 31, 2018: Title Objective(s) Status Results/Comments City Auditor Advisory Roles Provide guidance and advice to key governance committees within the City. Ongoing The City Auditor serves as an advisor to the Utilities Risk Oversight Committee and Information Security Steering Committee. We are also serving as an advisor for the strategic and technical planning groups for planning the new ERP system (see comment in the Audit and Project Work section above). Sales and Use Tax Allocation Reviews 1)Identify businesses that do business in Palo Alto that may have underreported or misallo- cated their sales and use tax and submit inquiries to the state for review and tax reallocation. 2)Monitor sales taxes received from the Stanford University Medical Center Project and notify Stanford of any differences between their reported taxes and state sales tax information, in accordance with the development agreement. 3)Provide Quarterly Status Updates and Sales Tax Digest Summaries for Council review. Ongoing 1)Sales and use tax recoveries for the second quarter of FY 2019 were $7,635 from our inquiries and $35,535 from the consultant’s inquiries, for a total of $43,170 for the quarter and fiscal year to date. Due to processing delays at the State Board of Equalization, 56 potential misallocations are waiting to be researched and processed: 24 from our office and 32 from the consultant. 2)We receive prior calendar-year sales tax information for the Stanford Medicine development project several months after the end of the calendar year and report these on our June quarterly report. The City has received $3,681,743 for calendar years 2011 through 2017 as a result of the development agreement for this project. 3)Quarterly sales tax reports are published on the Office of the City Auditor website at www.cityofpaloalto.org/gov/depts/aud/reports/default.asp. Status of Audit Recommendations Forty-seven recommendations were open at the beginning of the second quarter of FY 2019, and none were closed. We added 13 recommendations during the quarter, which resulted in 60 recommendations open at the end of the quarter. Five status reports were presented during the quarter, and seven are due to be presented during the third quarter of FY 2019. Below is a summary of the open audit recommendations as of December 31, 2018: Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Citywide Cash Handling and Travel Expense Issued: 09/15/10 Due – 04/09/19 10/23/18 03/21/18 08/22/17 11/10/15 09/23/14 09/10/13 10/22/12 04/19/11 Recommendations: 11 Open: 1 Implemented during quarter: 0 •Review practice of reimbursing employee meals when not in a travel status and report the amounts as income to employees to conform to Internal Revenue Service requirements (ASD) Attachment A PAGE 6 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Inventory Management Issued: 02/18/14 Due – 04/09/19 10/23/18 11/02/17 09/23/14 Recommendations: 14 Open: 4 Implemented during quarter: 0 •Implement City’s inventory management policies and procedures (ASD/UTL/PWD/IT) •Update and enforce inventory count policies and procedures to ensure consistent and accurate inventory records (ASD) •Identify, formalize, and communicate inventory management goals and objectives to City departments (ASD) •Ensure staff identify and use key SAP inventory management reports and appropriately configure and update SAP parameters that affect inventory levels (ASD/IT) Parking Funds Issued: 12/15/15 Due – 03/12/19 06/21/18 11/14/17 Recommendations: 8 Open: 1 Implemented during quarter: 0 •Develop policies and procedures to clarify roles and responsibilities and ensure accurate calculation and reporting of parking-in-lieu fees (PCE, ASD, PWD, CLK) Disability Rates and Workers’ Compensation Issued: 05/10/16 Due – 04/09/19 10/23/18 02/13/18 Recommendations: 15 Open: 4 Implemented during quarter: 4 •Review departmental procedures and safety requirements to ensure they align with citywide policies and procedures (HR) •Identify and provide industry-specific ergonomics and general wellness training opportunities (HR) •Address the disability leave benefits incorrectly reported as compensation to CalPERS (HR) •Ensure that data for managing disability leave is accurately captured through SAP time reporting (HR) Cable Franchise and Public, Education, and Government (PEG) Fees Issued: 06/14/16 Due – 04/09/19 10/23/18 03/21/18 08/22/17 Recommendations: 9 Open: 6 Implemented during quarter: 0 •Assess ongoing need for PEG fees; place fees in restricted account until decisions are made about use of fees (CMO/ATTY/ASD/IT) •Determine whether to allocate unrestricted funds, instead of PEG fees, to subsidize the Media Center’s operations. (CMO/ATTY/ASD/IT) •Send letters to cable companies to demand payment of underpaid franchise and PEG fees (CMO/ATTY/ASD/IT) •Develop criteria for assessing the accuracy of future cable franchise and PEG fee payments and require more detail with payment remittances (ASD) •Assign responsibility for the cable communications program and provide effective oversight of the program (CMO/CLK) •Draft an ordinance to update the Palo Alto Municipal Code based on clarified assignment of responsibility (CMO/ASD/ATTY/CLK) Attachment A PAGE 7 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Community Services Department (CSD): Fee Schedule Audit Issued: 02/14/17 Due – 03/12/19 06/21/18 11/14/17 Recommendations: 3 Open: 2 Implemented during quarter: 0 • Revise City’s cost recovery policy to align with relevant laws and reconfigure the Questica budget system to support fees that recover more than 100 percent of costs (ASD) • Configure SAP or the new ERP system to align cost centers with CSD programs (CSD) Continuous Monitoring: Payments Issued: 04/13/17 Due – 04/9/19 10/23/18 03/21/18 Recommendations: 7 Open: 3 Implemented during quarter: 2 • Build a continuous monitoring process into the new ERP system to identify potential duplicate invoices and seek recovery of duplicate payments (ASD) • Build a continuous monitoring process into the new ERP system to identify duplicate, incomplete, or unused vendor records (ASD) • Clean vendor master file before merging data into new ERP system (ASD) Green Purchasing Practices Issued: 04/13/17 Due – 03/12/19 06/21/18 Recommendations: 8 Open: 6 Implemented during quarter: 0 • Clearly define department(s) responsible for implementing green purchasing policies and determine if additional staffing and funding are needed to implement the policies (ASD/CMO) • Develop consolidated procedures to implement green purchasing policies (CMO/ASD/PWD) • Educate City staff on green purchasing policies (ASD) • Evaluate potential for use of 40 percent post- consumer fiber paper towels/other green janitorial products and monitor janitorial contractor’s compliance with green purchasing requirements (PWD) • Evaluate if new e-procurement system or other technology solution can help with tracking and reporting green purchases and establish appropriate green purchasing performance measures (ASD/PWD) • Require vendors to provide data on amounts of green products and services that City purchases from them (ASD/PWD) Utilities Department: Cross Bore Inspection Contract Issued: 06/01/17 Due – 03/12/19 06/21/18 Recommendations: 4 Open: 4 Implemented during quarter: 0 • Prioritize uninspected sewer pipelines for inspection and disclose potential inspection challenges in future contract solicitations (UTL) • Identify and update missing data in laterals database (UTL) • Incorporate relevant provisions from National Association of Sewer Service Companies’ contract template in future sewer inspection contracts (UTL) • Identify gaps in staff expertise and develop a training and certification plan for field staff who will monitor field inspections (UTL) Attachment A PAGE 8 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Accuracy of Water Meter Billing Issued: 08/16/17 Due – 03/12/19 06/21/18 Recommendations: 11 Open: 7 Implemented during quarter: 0 •Review and correct meter records for meters larger than 2 inches (UTL) •Explore options for addressing equity in meter size rates (UTL) •Develop a policy and procedures to report significant, systemic infrastructure changes to Council and update City of Palo Alto Utilities’ (CPAU) Rules and Regulations as needed (UTL) •Seek direction from Council before proceeding with installing additional electronic meters (UTL) •Determine if installed eMeters should be replaced and if billing adjustments are required (UTL) •Clarify purchasing policy and procedures for product standardization and sole source (ASD) •Retrain staff on purchasing policies and procedures and completion of required forms (ASD) Continuous Monitoring: Overtime Issued: 09/06/17 Due – 03/12/19 None Recommendations: 2 Open: 2 Implemented during quarter: 0 •Explore potential of developing a continuous monitoring process for overtime (ASD) •Form a work group to design standardized overtime management processes in the new ERP environment (ASD) Information Technology and Data Governance Issued: 06/13/18 Due – 03/12/19 None Recommendations: 4 Open: 4 Implemented during quarter: 0 •Assign roles and responsibilities for IT governance to ensure that governance coveralls all key aspects of the City’s information systems (IT) •Adopt an industry standard IT governance framework and create a plan to achieve a process capability model of “established” or higher (IT) •Assign roles and responsibilities for data governance to ensure that governance coveralls all key aspects of the City’s information systems (IT) •Adopt an industry standard data governance framework and create a plan to achieve a process capability model of “established” or higher (IT) Business Registry Issued: 08/28/18 Will be determined after Council acceptance Recommendations: 3 Open: 3 Implemented during quarter: 0 •Clarify existing and potential uses and priorities for business registry data and update questions in business registry survey as appropriate (CMO, DSD, PCE, Trans) •Identify external data that can improve accuracy of data collected and provide the data to the business registry consultant (DSD) •Update business registry administrative manual to reflect current process, including roles and responsibilities (DSD and Attorney) Attachment A PAGE 9 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Code Enforcement Issued: 11/06/18 Will be determined after Council acceptance Recommendations: 7 Open: 7 Implemented during quarter: 0 •Clarify the City’s code enforcement strategy and priorities with the City Council; develop an updated enforcement procedure that is aligned with the strategy (CMO) •Update Municipal Code sections governing code enforcement, including combining, clarifying, and streamlining the administrative procedures and clarifying roles and responsibilities (CMO) •Hold regular meetings with staff who have code enforcement responsibilities to share information and develop collective and consistent enforcement action plans (CMO) •Identify what complaint and case data to capture, track, and share internally and externally; determine which system(s) to use to track data for each code enforcement function, including standardizing code enforcement terminology; design reporting processes capable of aggregating data into a citywide view; develop citywide performance measures for code enforcement (CMO) •Reconfigure Accela Code Enforcement to enhance data collection and reporting, to pave the way for other functions that may adopt Accela (CMO) •Provide general, citywide information on code enforcement in a central location on the City’s website and assign responsibility for ensuring that the information is kept up to date (CMO) •Assign staff to be responsible for citywide administration of PaloAlto311 to provide ongoing maintenance and support, including redefining PaloAlto311 issue types and reconfiguring workflows, managing user access and making training materials available for new users, and updating and maintaining the PaloAlto311 data and dashboard on the City’s Open Data Portal (CMO) ERP Planning – Separation of Duties Issued: 10/17/18 Will be determined after Council acceptance Recommendations: 2 Open: 2 Implemented during quarter: 0 •Transfer task of entering Accounts Payable’s invoices to ASD Administration; have Payroll redesign manual controls to mitigate high-risk areas of separation of duty conflicts; and share with Utilities relevant, adopted separation of duties practices to ensure consistency with ASD practices (ASD) •Revisit the design and definitions of profiles and roles according to the concept of least privilege, where possible (IT) Attachment A PAGE 10 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations ERP Planning – Data Standardization Issued: 10/17/18 Will be determined after Council acceptance Recommendations: 4 Open: 4 Implemented during quarter: 0 •Provide governance over data standardization, such as who is responsible and what is subject to data standardization (IT) •Review other systems and determine what is subject to data standardization, especially for data that feeds into the SAP system (IT) •Work with Departments to review the data within SAP and determine what will benefit most by standardizing data (IT) •Require Departments to implement data standardization requirements during data cleansing in the ERP transition (IT) Open Recommendations by Audit Issuance Date Fiscal Year Audit Title Number of Open Recommendations 2011 Citywide Cash Handling and Travel Expense 1 of 11 2014 Inventory Management 4 of 14 2016 Parking Funds 1 of 8 Cable Franchise and Public, Education, and Government (PEG) Fees 6 of 9 Disability Rates and Workers’ Compensation 4 of 15 2017 Community Services Department: Fee Schedule 2 of 3 Continuous Monitoring: Payments 3 of 7 Green Purchasing Practices 6 of 8 Utilities Department: Cross Bore Inspection Contract 4 of 4 2018 Accuracy of Water Meter Billing 7 of 11 Continuous Monitoring: Overtime 2 of 2 Information Technology and Data Governance 4 of 4 2019 Business Registry 3 of 3 Code Enforcement 7 of 7 ERP Planning – Separation of Duties 2 of 2 ERP Planning – Data Standardization 4 of 4 7 0 0 00 1 2 3 4 5 6 7 8 Q1 Q2 Q3 Q4 Number of Implemented Recommendations by Quarter 16 15 13 16 0 20 40 60 Number of Open Recommendations FY 19 FY 18 FY 17 Prior Fiscal Years Attachment A PAGE 11 Fraud, Waste, and Abuse Hotline Administration The hotline review committee, composed of the City Auditor, the City Attorney, and the City Manager, or their designees, meets as needed to review hotline-related activities. One complaint was received during the first quarter of FY 2019, which was closed during the second quarter due to lack of receipt of additional information from complainant. No complaints were received in the second quarter of FY 2019, and all prior-year complaints have been closed. The chart below summarizes the status of complaints received in each fiscal year since the hotline was implemented. 7 3 2 13 9 0 10 2 4 6 8 10 12 14 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Status of Complaints Received by Fiscal Year Closed Complaints Open Complaints Attachment A Quarterly Report as of March 31, 2019 Office of the City Auditor “Promoting honest, efficient, effective, economical, and fully accountable and transparent city government.” Attachment B PAGE 2 Fiscal Year (FY) 2019 Third Quarter Update (January – March 2019) Overview The audit function is essential to the City of Palo Alto’s public accountability. The mission of the Office of the City Auditor, as mandated by the City Charter and Municipal Code, is to promote honest, efficient, effective, economical, and fully accountable and transparent city government. We conduct performance audits and reviews to provide the City Council and City management with information and evaluations regarding how effectively and efficiently resources are used; the adequacy of internal control systems; and compliance with policies, procedures, and regulatory requirements. Taking appropriate action on our audit recommendations helps the City reduce risks and protect its good reputation. Activity Highlights Published and presented the FY 2018 National Citizen Survey™ at the annual Council retreat. City Auditor Harriet Richardson retired in February 2019. Because of the turnover of this key position during the third quarter of FY 2019 and because the firm providing interim services, Management Partners, did not begin until the end of March, this Quarterly Report will be largely unchanged from the previous Quarterly Report as of December 31, 2018. The City Council appointed Management Partners, Inc. in March 2019 to serve as the City’s Interim Auditor for up to a six-month term. Management Partners assigned Don Rhoads, CPA as Special Advisor to the Office of the City Auditor. Audit and Project Work Below is a summary of our audit and project work for the third quarter of FY 2019: Title Objective(s) Start Date End Date Status Results/Comments Business Registry Evaluate the rules and processes used to establish the business registry and make recommendations to help clean up the data and ensure accuracy in the future. 02/18 08/19 In Progress This audit was presented to the Policy & Services Committee in September 2018. The Committee requested additional analysis, which we will bring back to the Committee in August 2019. ERP Planning Audit: Data Reliability and Integrity – Data Standardization This is one of a series of audits that focus on evaluating the integrity and reliability of data in SAP and making recommendations to ensure that identified deficiencies are corrected prior to transferring data to the new ERP system. This audit focuses on identifying where standardizing data would be beneficial when implementing the new ERP system. 05/17 10/18 Completed This audit was completed and presented to the Policy & Services Committee in October 2018. ERP Planning Audit: Separation of Duties Evaluate the adequacy of separation of duties for various activities in the current SAP system and make recommendations to ensure that identified deficiencies are corrected for the new ERP system. 05/17 10/18 Completed This audit was completed and presented to the Policy & Services Committee in October 2018. Attachment B PAGE 3 Title Objective(s) Start Date End Date Status Results/Comments Code Enforcement Audit Evaluate the timeliness and effectiveness of code enforcement actions, the effectiveness of communication with the public, and the accuracy and completeness of code enforcement case tracking for decision making purposes. We conducted a resident survey to help inform our audit recommendations. 05/17 11/18 Completed This audit was completed and presented to the Policy & Services Committee in November 2018. ERP Planning Audit: Data Reliability and Integrity – Personnel Data This is one of a series of audits that focus on evaluating the integrity and reliability of data in SAP and making recommendations to ensure that identified deficiencies are corrected prior to transferring data to the new ERP system. This audit focuses on assessing the accuracy of employee master data, such as name, address, birthdate, and social security number. 09/17 08/19 In Progress This audit is in the report writing phase and will be presented to the Policy & Services Committee in August 2019. NOTE: We previously referred to this audit as “Human Resources/Payroll Data” but changed it to “Personnel Data” for clarification. ERP Planning Audit: Data Reliability and Integrity – Utilities Customer Data This is one of a series of audits that focus on evaluating the integrity and reliability of data in SAP and making recommendations to ensure that identified deficiencies are corrected prior to transferring data to the new ERP system. This audit focuses on assessing the accuracy of Utilities’ customer master data that is used for billing purposes, such as customer name, service and billing addresses, and move-in and move-out dates. 06/18 2019 In Progress This audit is in the report writing phase and will be presented to the Policy & Services Committee in 2019. Mobile Device Inventory and Security Determine if the City accurately inventories and securely manages city- owned mobile devices, including laptops, tablets, and cell/smart phones. 03/18 2019 In Progress This audit is in the report writing phase and will be presented to the Policy & Services Committee in 2019. Nonprofit Service Agreements Audit Evaluate whether nonprofit organizations that receive City funding are achieving the outcomes we expect from the funding we provide and if City departments monitor the nonprofit service agreements to ensure that the required services are performed. The audit focuses primarily on nonprofit organizations that provide senior or nutrition services. 06/18 08/19 In Progress This audit is in the report writing phase and will be presented to the Policy & Services Committee in August 2019. NOTE: We previously referred to this audit as “Nonprofit Organizations Audit” but changed it to “Nonprofit Service Agreements” for clarification. Attachment B PAGE 4 Title Objective(s) Start Date End Date Status Results/Comments Contract Oversight Select a sample of contracts to evaluate the contract oversight process by determining if the City has adequate processes to ensure that the City receives the goods and services it paid for, that contracts did not result in unnecessary overlaps in services, and that contract extensions and change orders were appropriate. 06/18 Late 2019 In Progress This audit is in the field work phase and will be presented to the Policy & Services Committee in late 2019. Transferable Development Rights Determine if the City maintains an accurate and complete record of the transferable development rights (both City-owned and non-City-owned) that have been certified, transferred, and used to date. 06/18 Late 2019 On hold This audit was in the planning phase but has been on hold since July 2018 due to staff turnover. We will resume the audit in April 2019 and expect to complete it in late 2019. ERP Nonaudit Service Provide advisory services to the Department of Information Technology regarding its planning of a new ERP system. 09/16 N/A On hold We have not provided this service in FY 2019. We will resume our service after the City decides how to move forward with its ERP project. We will then focus on assisting the City with addressing the issues we identified during the ERP planning phase and prior audits. National Citizen Survey™ Obtain resident opinions about the community and services provided by the City of Palo Alto and benchmark our results against other jurisdictions. 06/18 02/19 Completed We presented the National Citizen Survey™ to the Council at the annual Council retreat on February 2, 2019. Performance Report Provides citywide information for key areas, including spending, staffing, workload, and performance. 10/18 05/19 In Progress Departments provided data, which have been compiled into the annual report. The report will be published in May 2019. Citizen Centric Report Provides City and community information, performance results, and summary revenue and expenditure data in an easy-to-ready four-page format. 10/18 05/19 In Progress Data have been collected and are being compiled into the report, which will be published in May 2019. Attachment B PAGE 5 Other Monitoring and Administrative Assignments Below is a summary of other assignments as of March 31, 2019: Title Objective(s) Status Results/Comments City Auditor Advisory Roles Provide guidance and advice to key governance committees within the City. Ongoing The City Auditor serves as an advisor to the Utilities Risk Oversight Committee and Information Security Steering Committee. We are also serving as an advisor for the strategic and technical planning groups for planning the new ERP system (see comment in the Audit and Project Work section above). Sales and Use Tax Allocation Reviews 1) Identify businesses that do business in Palo Alto that may have underreported or misallo- cated their sales and use tax and submit inquiries to the state for review and tax reallocation. 2) Monitor sales taxes received from the Stanford University Medical Center Project and notify Stanford of any differences between their reported taxes and state sales tax information, in accordance with the development agreement. 3) Provide Quarterly Status Updates and Sales Tax Digest Summaries for Council review. Ongoing 1) Sales and use tax recoveries for the third quarter of FY 2019 were $128,549 from our inquiries and $17,537 from the consultant’s inquiries, for a total of $146,086 for the quarter and $189,256 fiscal year to date. Due to processing delays at the State Board of Equalization, 57 potential misallocations are waiting to be researched and processed: 27 from our office and 30 from the consultant. 2) We receive prior calendar-year sales tax information for the Stanford Medicine development project several months after the end of the calendar year and report these on our June quarterly report. The City has received $3,681,743 for calendar years 2011 through 2017 as a result of the development agreement for this project. 3) Quarterly sales tax reports are published on the Office of the City Auditor website at www.cityofpaloalto.org/gov/depts/aud/reports/default.asp. Status of Audit Recommendations Sixty recommendations were open at the beginning of the third quarter of FY 2019. One was closed and we did not add any recommendations during the quarter, which resulted in 59 recommendations open at the end of the quarter. No status reports were presented during the quarter due to staff turnover, even though seven were due to be presented. These seven status reports along with five additional status reports due during the fourth quarter of FY 2019 will be presented in June 2019. Below is a summary of the open audit recommendations as of March 31, 2019: Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Citywide Cash Handling and Travel Expense Issued: 09/15/10 Due – 04/09/19 10/23/18 03/21/18 08/22/17 11/10/15 09/23/14 09/10/13 10/22/12 04/19/11 Recommendations: 11 Open: 1 Implemented during quarter: 0 Review practice of reimbursing employee meals when not in a travel status and report the amounts as income to employees to conform to Internal Revenue Service requirements (ASD) Attachment B PAGE 6 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Inventory Management Issued: 02/18/14 Due – 04/09/19 10/23/18 11/02/17 09/23/14 Recommendations: 14 Open: 4 Implemented during quarter: 0 Implement City’s inventory management policies and procedures (ASD/UTL/PWD/IT) Update and enforce inventory count policies and procedures to ensure consistent and accurate inventory records (ASD) Identify, formalize, and communicate inventory management goals and objectives to City departments (ASD) Ensure staff identify and use key SAP inventory management reports and appropriately configure and update SAP parameters that affect inventory levels (ASD/IT) Parking Funds Issued: 12/15/15 Due – 03/12/19 06/21/18 11/14/17 Recommendations: 8 Open: 0 Implemented during quarter: 1 Develop policies and procedures to clarify roles and responsibilities and ensure accurate calculation and reporting of parking-in-lieu fees (PCE, ASD, PWD, CLK) Disability Rates and Workers’ Compensation Issued: 05/10/16 Due – 04/09/19 10/23/18 02/13/18 Recommendations: 15 Open: 4 Implemented during quarter: 0 Review departmental procedures and safety requirements to ensure they align with citywide policies and procedures (HR) Identify and provide industry-specific ergonomics and general wellness training opportunities (HR) Address the disability leave benefits incorrectly reported as compensation to CalPERS (HR) Ensure that data for managing disability leave is accurately captured through SAP time reporting (HR) Cable Franchise and Public, Education, and Government (PEG) Fees Issued: 06/14/16 Due – 04/09/19 10/23/18 03/21/18 08/22/17 Recommendations: 9 Open: 6 Implemented during quarter: 0 Assess ongoing need for PEG fees; place fees in restricted account until decisions are made about use of fees (CMO/ATTY/ASD/IT) Determine whether to allocate unrestricted funds, instead of PEG fees, to subsidize the Media Center’s operations. (CMO/ATTY/ASD/IT) Send letters to cable companies to demand payment of underpaid franchise and PEG fees (CMO/ATTY/ASD/IT) Develop criteria for assessing the accuracy of future cable franchise and PEG fee payments and require more detail with payment remittances (ASD) Assign responsibility for the cable communications program and provide effective oversight of the program (CMO/CLK) Draft an ordinance to update the Palo Alto Municipal Code based on clarified assignment of responsibility (CMO/ASD/ATTY/CLK) Attachment B PAGE 7 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Community Services Department (CSD): Fee Schedule Audit Issued: 02/14/17 Due – 03/12/19 06/21/18 11/14/17 Recommendations: 3 Open: 2 Implemented during quarter: 0 Revise City’s cost recovery policy to align with relevant laws and reconfigure the Questica budget system to support fees that recover more than 100 percent of costs (ASD) Configure SAP or the new ERP system to align cost centers with CSD programs (CSD) Continuous Monitoring: Payments Issued: 04/13/17 Due – 04/9/19 10/23/18 03/21/18 Recommendations: 7 Open: 3 Implemented during quarter: 0 Build a continuous monitoring process into the new ERP system to identify potential duplicate invoices and seek recovery of duplicate payments (ASD) Build a continuous monitoring process into the new ERP system to identify duplicate, incomplete, or unused vendor records (ASD) Clean vendor master file before merging data into new ERP system (ASD) Green Purchasing Practices Issued: 04/13/17 Due – 03/12/19 06/21/18 Recommendations: 8 Open: 6 Implemented during quarter: 0 Clearly define department(s) responsible for implementing green purchasing policies and determine if additional staffing and funding are needed to implement the policies (ASD/CMO) Develop consolidated procedures to implement green purchasing policies (CMO/ASD/PWD) Educate City staff on green purchasing policies (ASD) Evaluate potential for use of 40 percent post- consumer fiber paper towels/other green janitorial products and monitor janitorial contractor’s compliance with green purchasing requirements (PWD) Evaluate if new e-procurement system or other technology solution can help with tracking and reporting green purchases and establish appropriate green purchasing performance measures (ASD/PWD) Require vendors to provide data on amounts of green products and services that City purchases from them (ASD/PWD) Utilities Department: Cross Bore Inspection Contract Issued: 06/01/17 Due – 03/12/19 06/21/18 Recommendations: 4 Open: 4 Implemented during quarter: 0 Prioritize uninspected sewer pipelines for inspection and disclose potential inspection challenges in future contract solicitations (UTL) Identify and update missing data in laterals database (UTL) Incorporate relevant provisions from National Association of Sewer Service Companies’ contract template in future sewer inspection contracts (UTL) Identify gaps in staff expertise and develop a training and certification plan for field staff who will monitor field inspections (UTL) Attachment B PAGE 8 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Accuracy of Water Meter Billing Issued: 08/16/17 Due – 03/12/19 06/21/18 Recommendations: 11 Open: 7 Implemented during quarter: 0 Review and correct meter records for meters larger than 2 inches (UTL) Explore options for addressing equity in meter size rates (UTL) Develop a policy and procedures to report significant, systemic infrastructure changes to Council and update City of Palo Alto Utilities’ (CPAU) Rules and Regulations as needed (UTL) Seek direction from Council before proceeding with installing additional electronic meters (UTL) Determine if installed eMeters should be replaced and if billing adjustments are required (UTL) Clarify purchasing policy and procedures for product standardization and sole source (ASD) Retrain staff on purchasing policies and procedures and completion of required forms (ASD) Continuous Monitoring: Overtime Issued: 09/06/17 Due – 03/12/19 None Recommendations: 2 Open: 2 Implemented during quarter: 0 Explore potential of developing a continuous monitoring process for overtime (ASD) Form a work group to design standardized overtime management processes in the new ERP environment (ASD) Information Technology and Data Governance Issued: 06/13/18 Due – 03/12/19 None Recommendations: 4 Open: 4 Implemented during quarter: 0 Assign roles and responsibilities for IT governance to ensure that governance coveralls all key aspects of the City’s information systems (IT) Adopt an industry standard IT governance framework and create a plan to achieve a process capability model of “established” or higher (IT) Assign roles and responsibilities for data governance to ensure that governance coveralls all key aspects of the City’s information systems (IT) Adopt an industry standard data governance framework and create a plan to achieve a process capability model of “established” or higher (IT) Business Registry Issued: 08/28/18 Will be determined after Council acceptance Recommendations: 3 Open: 3 Implemented during quarter: 0 Clarify existing and potential uses and priorities for business registry data and update questions in business registry survey as appropriate (CMO, DSD, PCE, Trans) Identify external data that can improve accuracy of data collected and provide the data to the business registry consultant (DSD) Update business registry administrative manual to reflect current process, including roles and responsibilities (DSD and Attorney) Attachment B PAGE 9 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations Code Enforcement Issued: 11/06/18 Will be determined after Council acceptance Recommendations: 7 Open: 7 Implemented during quarter: 0 Clarify the City’s code enforcement strategy and priorities with the City Council; develop an updated enforcement procedure that is aligned with the strategy (CMO) Update Municipal Code sections governing code enforcement, including combining, clarifying, and streamlining the administrative procedures and clarifying roles and responsibilities (CMO) Hold regular meetings with staff who have code enforcement responsibilities to share information and develop collective and consistent enforcement action plans (CMO) Identify what complaint and case data to capture, track, and share internally and externally; determine which system(s) to use to track data for each code enforcement function, including standardizing code enforcement terminology; design reporting processes capable of aggregating data into a citywide view; develop citywide performance measures for code enforcement (CMO) Reconfigure Accela Code Enforcement to enhance data collection and reporting, to pave the way for other functions that may adopt Accela (CMO) Provide general, citywide information on code enforcement in a central location on the City’s website and assign responsibility for ensuring that the information is kept up to date (CMO) Assign staff to be responsible for citywide administration of PaloAlto311 to provide ongoing maintenance and support, including redefining PaloAlto311 issue types and reconfiguring workflows, managing user access and making training materials available for new users, and updating and maintaining the PaloAlto311 data and dashboard on the City’s Open Data Portal (CMO) ERP Planning – Separation of Duties Issued: 10/17/18 Will be determined after Council acceptance Recommendations: 2 Open: 2 Implemented during quarter: 0 Transfer task of entering Accounts Payable’s invoices to ASD Administration; have Payroll redesign manual controls to mitigate high-risk areas of separation of duties conflicts; and share with Utilities relevant, adopted separation of duties practices to ensure consistency with ASD practices (ASD) Revisit the design and definitions of profiles and roles according to the concept of least privilege, where possible (IT) Attachment B PAGE 10 Audit Title and Report Date Due Date and Prior Status Report Dates Total Recommendations/ Number Open Summary of Open Recommendations ERP Planning – Data Standardization Issued: 10/17/18 Will be determined after Council acceptance Recommendations: 4 Open: 4 Implemented during quarter: 0 Provide governance over data standardization, such as who is responsible and what is subject to data standardization (IT) Review other systems and determine what is subject to data standardization, especially for data that feeds into the SAP system (IT) Work with Departments to review the data within SAP and determine what will benefit most by standardizing data (IT) Require Departments to implement data standardization requirements during data cleansing in the ERP transition (IT) Open Recommendations by Audit Issuance Date Fiscal Year Audit Title Number of Open Recommendations 2011 Citywide Cash Handling and Travel Expense 1 of 11 2014 Inventory Management 4 of 14 2016 Parking Funds 0 of 8 Cable Franchise and Public, Education, and Government (PEG) Fees 6 of 9 Disability Rates and Workers’ Compensation 4 of 15 2017 Community Services Department: Fee Schedule 2 of 3 Continuous Monitoring: Payments 3 of 7 Green Purchasing Practices 6 of 8 Utilities Department: Cross Bore Inspection Contract 4 of 4 2018 Accuracy of Water Meter Billing 7 of 11 Continuous Monitoring: Overtime 2 of 2 Information Technology and Data Governance 4 of 4 2019 Business Registry 3 of 3 Code Enforcement 7 of 7 ERP Planning – Separation of Duties 2 of 2 ERP Planning – Data Standardization 4 of 4 7 0 1 00 1 2 3 4 5 6 7 8 Q1 Q2 Q3 Q4 Number of Implemented Recommendations by Quarter 15 15 13 16 0 20 40 60 Number of Open Recommendations FY 19 FY 18 FY 17 Prior Fiscal Years Attachment B PAGE 11 Fraud, Waste, and Abuse Hotline Administration The hotline review committee, composed of the City Auditor, the City Attorney, and the City Manager, or their designees, meets as needed to review hotline-related activities. One complaint was received during the first quarter of FY 2019, which was closed during the second quarter due to lack of receipt of additional information from complainant. No complaints were received in the third quarter of FY 2019, and all prior-year complaints have been closed. The chart below summarizes the status of complaints received in each fiscal year since the hotline was implemented. 7 3 2 13 9 0 10 2 4 6 8 10 12 14 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Status of Complaints Received by Fiscal Year Closed Complaints Open Complaints Attachment B City of Palo Alto (ID # 10512) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/12/2019 City of Palo Alto Page 1 Summary Title: Amendment No. One to Multi-Year Contract With Genuine Parts Company Title: Approval of Amendment Number 1 to Contract Number C17165394 With Genuine Parts Company, dba Napa Auto Parts, to Increase the Contract by $747,094 to an Amount Not to Exceed $2,996,074, and Extend the Term Through July 21, 2020 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute contract amendment No. 1 to Contract No. C17165394 with Genuine Parts Company (“NAPA”), (Attachment A) to increase the compensation by $747,094 for continued professional services and the purchase of parts and related supplies for vehicle and equipment maintenance and repairs, and to extend the term through July 21, 2020. The revised total contract amount is not to exceed $2,996,074. Background Prior to initially entering into an agreement with NAPA Integrated Business Solutions (NAPA, a company owned by Genuine Parts Company) in 2016, the City’s Fleet (Fleet) staff tracked and managed all parts, inventory, and discrepancies; and accumulated $158,784 worth of obsolete parts. Administrative staff from Fleet and the City’s Purchasing division were inundated with establishing vendor contracts, creating blanket purchase orders, and invoicing. In August 2016, Fleet contracted its parts operations to NAPA as a three-year pilot, after approval from the staff-level Fleet Review Committee, Finance Committee, and final approval from Council on August 15, 2016 (SR# 7027). Fleet upgraded the AssetWorks software and added an integration module to allow NAPA’s TAMS parts module to sync, allowing NAPA to issue parts directly to work orders, handle all paperwork reconciliation, and pay vendors directly. In turn, NAPA bills the City monthly for all parts/supplies purchased. With NAPA’s assistance, the City has been able to sell some of its obsolete parts and recoup a total of $38,000. Fleet continues to work with NAPA to identify additional opportunities to recover costs on obsolete parts. City of Palo Alto Page 2 During the pilot, a vacant Fleet Services Coordinator position was frozen and an hourly Stock Clerk position was eliminated. These actions led to a salary savings of $150,000 in Fiscal Year 2018. The Fleet Services Coordinator position was later eliminated in Fiscal Year 2020. Fleet and Purchasing staff time has been greatly reduced and administrative costs lowered as fewer purchase orders, receipts, invoices, and accounts payable are now internally processed. The contract with NAPA has been successful and has benefited the City by cost savings of approximately $14,000 per year, with the contract costs offset by the reduction of one benefited position. NAPA is the sole parts and supplies vendor. Outsourcing the management of inventory has allowed staff to focus on the maintenance of vehicles and equipment, meeting regulatory demands, replacing vehicles in a timely manner, and managing other vendor contracts. Discussion The City’s current contract with NAPA, contract no. C17165394, is valid through August 21, 2019. The three-year pilot has been successful, and staff recommends continuing the contract model for management of Fleet parts. The current cooperative purchasing agreement between Sourcewell, an approved cooperative group, and NAPA expires July 21, 2020; therefore, staff recommends that Council approve amending the current contract term to align with the end of the cooperative purchasing agreement’s term. Fleet will bring its recommendation to Council on a new contract for onsite fleet parts procurement and inventory management services in 2020. Bid Process Palo Alto Municipal Code section 2.30.360 (j) identifies the process that allows the use of intergovernmental cooperative purchasing agreements. NAPA has been awarded a contract through Sourcewell, an approved cooperative group, and staff received a proposal from NAPA for the contract year covered by this contract amendment on June 24, 2019 (Attachment B). Staff recommends that Council approve this amendment with NAPA for continued on-site fleet parts and inventory services, including procurement and management of the auto parts/supplies inventory through contract services. Resource Impact Funding for this amendment was appropriated in the Vehicle Replacement and Maintenance Fund as part of the Fiscal Year 2020 Operating Budget and is offset by revenue collected from vehicle operation and maintenance allocations charged to departments. As expenses were budgeted at a higher rate based on the initial estimate received from the vendor, savings may be realized due to the final contract amount in the Vehicle Replacement and Maintenance Fund operating expenses as well as in the allocated charges expenses appropriated in departments’ operating budgets. Expenses and necessary allocations for the Vehicle Replacement and Maintenance Fund will be monitored through Fiscal Year 2020 and necessary budgetary actions will be brought forward as appropriate. Policy Implications This recommendation does not present any changes to existing City policies. Environmental Review City of Palo Alto Page 3 The proposed contract is not a project subject to environmental review. Attachments: Attachment A - Contract Amendment Attachment B - Palo Alto Performa 1yr 1 Revision July 20, 2016 AMENDMENT NO. 1 TO CONTRACT NO.C17165394 BETWEEN THE CITY OF PALO ALTO AND GENUINE PARTS COMPANY This Amendment No. 1 (this “Amendment”) to Contract No. C17165394 (“Contract” as defined below) is entered into as of August 22, 2019, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and GENUINE PARTS COMPANY, a Georgia Corporation (d/b/a NAPA Auto Parts) (“CONTRACTOR”), located at 2999 Circle 75 Parkway, Atlanta, Georgia, Telephone number: 303-799-1965. R E C I T A L S A. The Contract was entered into between the parties on August 22, 2016, for the provision of an on-site parts operation at City’s municipal services center, as detailed therein; and B. The parties wish to amend the Contract to extend the term for the provision of services under the Contract through July 21, 2020, and, accordingly, to increase the not to exceed maximum compensation by Seven Hundred Forty Seven Thousand Ninety Four Dollars ($747,094) to a new total not to exceed amount of Two Million Nine Hundred Ninety Six Thousand Seventy Four Dollars ($2,996,074), as detailed in this Amendment. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean contract no. C14150694 between CONSULTANT and CITY, dated August 15, 2016. b. Other Terms. Terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 3, “TERM,” of the Contract is hereby amended to read as follows: “The term of this Agreement is from August 22, 2016 through July 21, 2020, inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.” SECTION 2. Section 5, “COMPENSATION FOR ORIGINAL TERM,” of the Contract is hereby amended to read as follows: “CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: DocuSign Envelope ID: B1E223F7-8504-4A9E-ABAA-CB26A18462C8 2 Revision July 20, 2016 The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Two Million Nine Hundred Ninety Six Thousand Seventy Four Dollars ($2,996,074). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Three Hundred Thirty Nine Thousand One Hundred Sixteen dollars ($339,116) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.” SECTION 5. Legal Effect. Except as expressly modified by this Amendment, all of the terms and conditions of the Contract, including any exhibits thereto, shall remain unchanged and in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are hereby fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: B1E223F7-8504-4A9E-ABAA-CB26A18462C8 3 Revision July 20, 2016 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO City Manager or designee (Contract over $85k) APPROVED AS TO FORM: City Attorney or designee GENUINE PARTS COMPANY dba NAPA AUTO PARTS Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: DocuSign Envelope ID: B1E223F7-8504-4A9E-ABAA-CB26A18462C8 Vice President Tom Skov Jennifer Ellis Corporate Secretary Palo Alto Performa 1 YR % To Target Year One Escalation Sales 5% Parts Purchases 47,252 100.00%567,023 595,374 Cost of Goods 42,527 90.00%510,321 535,837 Markup on Parts 4,725 10.00%56,702 59,537 GROSS PROFIT 4,725 10.00%56,702 59,537 Accounting Fees 468 0.99%5,614 5,894 PAYROLL: Manager/Counter Salaries 7,700 16.30% 92,400 95,172 Delivery Driver Salaries 0 0.00%- - Pension 255 0.54% 3,062 3,215 Insurance 1,000 2.12% 12,000 12,600 Workers Comp Insurance 915 1.94% 10,980 11,529 FICA/SECA/FUI/SUI 796 1.68% 9,552 10,030 Total IBS Payroll 10,666 22.57%127,994 132,546 Miscellaneous Expenses Delivery Truck Insurance - 0.00%- - Delivery Maintenance/Gas - 0.00%- - Truck Payment - 0.00%- - Shelving/Cage Depreciation - 0.00%- - Freight & Postage 200 0.42% 2,400 2,520 General Liability Insurance 100 0.21% 1,200 1,260 Interest - 0.00%- - Light, Heat, Water - 0.00%- - Rent - 0.00%- - Stationary, Shipping Supplies 150 0.32% 1,800 1,890 Stock Loss - 0.00%- - Store Expenses 60 0.13%720 756 Personal Property Taxes - 0.00%- - Telephone - 0.00%- - Inventory Computer 530 1.12% 6,360 6,678 Training 14 0.03%168 176 TOTAL MISC. EXP.1,054 2.23%12,648 13,280 - - TOTAL EXPENSES 12,188 25.79%146,255 151,720 MGMT FEE 12,188 25.79%146,255 151,720 Current Year AVGProjected Expenses NAPA Monthly Parts and Operational Projections CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY August 12, 2019 The Honorable City Council Palo Alto, California Adoption of a Resolution Updating Objective Standards for Wireless Communications Facilities in the Public Rights of Way to Clarify Language and Address a Conflict With Other City Standards Related to Replacement Pole Height Recommendation Staff recommends that the City Council adopt the attached resolution (Attachment A), amending the City’s objective standards for Wireless Communications Facilities (WCFs) in the public rights of way to clarify language and address a conflict with other City standards relating to pole height. Discussion On April 15, 2019, the City Council adopted a resolution establishing objective standards for small cell Wireless Communications Facilities (WCFs) in the public rights of way. (Staff report available at: https://www.cityofpaloalto.org/civicax/filebank/documents/70193). On June 17, the City Council adopted a resolution updating the standards to delete inadvertently added language, clarify existing language, and adopt an interim setback from schools. (Staff report available at: https://www.cityofpaloalto.org/civicax/filebank/documents/72076). As explained in the April 15, 2019 staff report, the standards were adopted by resolution to facilitate periodic adjustments, for example to conform to evolving best practices or, as here, to address issues that arise in implementation. The currently proposed amendment responds to a conflict staff recently encountered between the WCF standards and streetlight pole specifications adopted by the Utilities Department. The WCF standards currently limit streetlight WCFs to 3 feet or 6 feet above the height of “similar surrounding poles,” depending on the type of design utilized. (Streetlight Standard No. 5.) This limitation did not take into account, however, that the City’s Public Works and Utilities departments have adopted standard replacement pole designs that may exceed the height of existing poles. For example, in the downtown area, existing streetlight poles vary in height, with many falling between 21 and 23 feet tall. As these poles are replaced over time, the City has sought to standardize the height of the mast arm and luminaire at approximately 25 feet high. In these circumstances, Streetlight Standard No. 5 would unintentionally preclude an applicant from building any of the WCF designs described in the standards. This is because the replacement pole itself will exceed the height of surrounding poles by at least 2 to 4 feet, leaving insufficient space for pole-top WCF antennae or other equipment. Page 2 The proposed amendment would clarify that WCFs may not exceed 3- or 6-feet above the height of the existing pole or the height of a replacement pole specified by the City. In addition, both staff and applicants found the reference to “similar surrounding poles” to be difficult to apply. The proposed amendments render this language superfluous and the resolution therefore eliminates the phrase. Finally, the resolution proposes clarifications to the corresponding standard for wood utility poles and includes minor revisions for formatting consistency. It is possible that staff will encounter additional conflicts between the WCF standards and other City or state requirements going forward. In addition to bringing forth additional amendments to the standards, as appropriate, staff will study whether a broader carve-out for such requirements in the WCF ordinance is warranted. Unlike the standards contained in the attached resolution, any permanent changes to the WCF ordinance, codified in Section 18.42.110 of the Palo Alto Municipal Code, would require a hearing before the PTC and multiple readings by the Council. ATTACHMENTS: • 2019-07-25 WCF Standards Update Resolution (DOCX) Department Head: Molly Stump, City Attorney NOT YET ADOPTED 1 Resolution No. ____ Resolution of the Council of the City of Palo Alto Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Findings and Declarations. a. On April 15, 2019, the City Council adopted Resolution 9825, establishing objective aesthetic, noise, and related standards for Wireless Communication Facilities (WCFs) on Streetlight and Wood Utility Poles in the Public Rights-of-Way. b. On June 17, 2019, the City Council adopted Resolution 9847, amending the standards to delete inadvertently added language, clarify existing standards, and adopt an interim setback from public schools. c. The City Council wishes to update the standards to address a conflict with other City standards and to clarify the allowable height for WCFs on Streetlights and Wood Utility Poles. SECTION 2. Objective Standards for WCFs on Streetlight Poles in the Public Rights-of- Way Amended. The City Council hereby adopts the standards in Exhibit 1, attached to and incorporated into this resolution as if fully set forth herein, for Wireless Communication Facilities on Streetlight Poles in the Public Rights-of-Way. SECTION 3. Objective Standards for WCFs on Wood Utility Poles in the Public Rights-of- Way Amended. The City Council hereby adopts the standards in Exhibit 2, attached to and incorporated into this resolution as if fully set forth herein, for Wireless Communication Facilities on Wood Utility Poles in the Public Rights-of-Way. SECTION 4. If any section, subsection, clause or phrase of this resolution or the attached standards is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the resolution and exhibits. The Council hereby declares that it should have adopted the resolution and exhibits, and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. Environmental Review. The Council finds that this resolution is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it does not authorize the construction of Wireless Communication Facilities in any locations where such facilities are not already permitted; therefore it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The resolution is further exempt under CEQA Guidelines sections 15301, 15302, 15303 NOT YET ADOPTED 2 and 15305 because it simply represents part of a comprehensive regulatory scheme governing minor alterations to existing facilities or small structures. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Planning and Community Environment EXHIBIT 1 1 Streetlight Poles Standard designs for WCFs located on Streetlights – An applicant proposing to attach to a Streetlight in the public right of way shall utilize one of the other designs specified herein. a) Underground design: Radio equipment shall be placed in an underground vault in the pedestrian right of way. The antennae shall be placed in a shroud at the top of a nearby pole. i) Underground vaults shall be the minimum volume necessary to house WCF equipment. Application materials should explain why the proposed dimensions are required. In no event shall vault dimensions exceed 5 feet 8-inches x 8 feet 2-inches x 5 feet 7-inches or 260 cu. ft., excluding space required for ventilation or sump pump equipment. b) Top-mounted design: All equipment shall be enclosed within a shroud at the top of the pole containing both radio and antenna equipment. i) Top-mounted equipment shrouds shall not exceed 5.5 feet from the top of the streetlight pole and shall taper to meet the pole above the mast arm. The diameter of the antenna and shroud shall not exceed 15 inches” at their widest. c) Minimal sunshield design: Radio equipment shall be enclosed within one or two sunshields not exceeding 8 inches wide nor 0.75 cubic feet in volume each, mounted directly to the side of the pole. Sunshields shall be attached at least 12 feet above ground level. To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. d) Existing signage: Radio equipment shall be attached to a pole behind existing signage under the following conditions: i) Radio equipment shall be placed within a shroud that does not exceed the dimensions of the sign in height and width, nor 4 inches in depth, including any required mounting bracket. ii) In no event shall WCF equipment obscure or interfere with the visibility or functioning of the signage. iii) To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. General standards for all WCFs located on Streetlights in the public right of way WCF equipment and shrouds 1) Antennae shall be the smallest antennae possible to achieve the coverage objective. Except in the case of top-mounted designs, antennae shall not exceed 3 feet from the top of the streetlight pole and the associated “antenna skirt” shall taper to meet the pole above the mast arm. The diameter of the antenna and shroud shall not exceed 15 inches” at their widest. 2) All shrouds and equipment shall be painted to match Public Works Department (PWD) standards or the existing pole, as applicable. 3) All shrouds and equipment shall be designed without gaps between materials or sky visible between component surfaces. 4) Equipment that cannot propagate an adequate signal within the shrouding required by the standard designs shall be attached to a streetlight pole at a height of 2 feet below the light mast or higher. Each instance of such equipment shall not exceed 0.85 cu. ft. nor shall the total volume of such equipment and any shrouding exceed 2.6 cu. ft. per streetlight pole. EXHIBIT 1 2 Height 5) Except for top-mounted designs, poles and all attachments will not exceed the height of similar surrounding polesthe existing or replacement pole by more than 3 feet. For top- mounted designs, poles and all attachments shall not exceed the height of similar surrounding polesthe existing or replacement pole by more than 6 feet. 6) Replacement poles will conform to PWD style guidelines and CPAU standards where the City has adopted standards and will match the pole being replaced where no standards exist. For integrated pole designs, poles shall incorporate decorative elements (e.g. fluting, decorative mast arm and luminaire, etc.) from PWD and CPAU standards or existing poles, as applicable. Landscaping 7) At the direction of the Urban Forestry division, Applicant shall provide street trees and/or smaller amenity trees that interrupt direct views of WCF equipment where Urban Forestry determines appropriate space exists within 35 feet of the pole. 8) Any existing landscaping removed or damaged by installation shall be replaced in kind. Noise 9) Noise shall comply with PAMC Chapter 9.10 and shall be consistent with noise-related Comprehensive Plan goals and policies. a) In residential areas with an average 24-hour noise level (Ldn) at or below 60 decibels (dB), noise generated by WCF equipment shall not cause the Ldn to exceed 60dB or to increase by 5.0 dB or more, even if the resulting Ldn would remain below 60 dB. b) In residential areas with an Ldn above 60 dB, noise generated by WCF equipment shall not cause the average to increase by 3.0 decibels (dB) or more. Curb clearances 10) If placed below 16 feet’ above ground level, attachments shall not be placed closer than 18 inches” to the curb, nor shall they extend over the sidewalk (Caltrans Highway Design Manual Section 309). 11) WCF node equipment must be at least 3’ from a curb cut. Miscellaneous 12) WCF installations shall not require any changes in the City’s existing banner marketing program. 13) All cabling shall be routed entirely within the pole or an attached shroud. 14) Safety signage shall be the smallest size possible to accomplish its purpose. 15) Power disconnects shall be placed in a vault near the base of the pole. 16) Except as provided in these standards, no equipment cabinets may be placed at grade. 17) Light mast orientation, height, color temperature and other photometric information shall comply with PWD standards. Pole location 18) Nodes shall utilize existing streetlight pole locations. Any new pole locations are prohibited unless approved through PWD/CPAU pole placement application. 19) Streetlight nodes at a designated gateway location or along a scenic corridor shall not utilize a top-mounted design. 20) WCF nodes shall not be placed in locations within 300 feet of any parcel containing a public school. EXHIBIT 2 1 Wood Utility Poles Standard designs for WCFs located on Wood Utility Poles – An applicant proposing to attach to a wood utility pole in the public right of way shall utilize one of the other designs specified herein. a) Underground design: Radio equipment shall be placed in an underground vault in the pedestrian right of way. The antennae shall be placed in a shroud at the top of a nearby pole. i) Underground vaults shall be the minimum volume necessary to house WCF equipment. Application materials should explain why the proposed dimensions are required. In no event shall vault dimensions exceed 5 feet 8-inches x 8 feet 2-inches x 5 feet 7-inches or 260 cu. ft., excluding space required for ventilation or sump pump equipment. b) Top-mounted design: All equipment shall be enclosed within a shroud at the top of the pole containing both radio and antenna equipment. i) Top-mounted equipment shrouds shall not exceed 5.5 feet from the top of the pole or bayonet attachment, if one is used, and shall taper to meet the pole above the mast arm. The diameter of the antenna and shroud shall not exceed 15 inches” at their widest. c) Minimal sunshield design: Radio equipment shall be enclosed within one or two sunshields not exceeding 8 inches wide nor 0.75 cubic feet in volume each, mounted directly to the side of the pole. To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. d) Existing signage: Radio equipment shall be attached to a pole behind existing signage under the following conditions: i) Radio equipment shall be placed within a shroud that does not exceed the dimensions of the sign in height and width, nor 4 inches in depth, including any required mounting bracket. ii) In no event shall WCF equipment obscure or interfere with the visibility or functioning of the signage. iii) To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. General standards for all WCFs located on Wood Utility Poles in the public right of way WCF equipment and shrouds 1) Antennae shall be the smallest antennae possible to achieve the coverage objective. Antennae shall not exceed 5.5 feet from the top of the pole or bayonet attachment, if one is used. The diameter of the antenna and shroud shall not exceed 15 inches” at their widest. 2) Bayonet attachments and equipment or antennae at the top of the shroud shall be covered by a single integrated shroud and “antenna skirt” that shall meet the pole without any gaps. 3) All conduit shall be mounted flush to the pole. 4) All shrouds and equipment shall be painted to match PWD standards or the existing pole, as applicable. Paint shall be maintained regularly and shrouds shall be repainted if necessary to match changes in pole color over time. 5) All shrouds and equipment shall be designed without gaps between materials or sky visible between component surfaces. 6) Equipment that cannot propagate an adequate signal within the shrouding required by the standard designs shall be attached to the top of the pole or on a cross arm or brace EXHIBIT 2 2 protruding from the pole to the minimum extent necessary to comply with safety standards including GO95. Such cross arm shall be placed as high on the pole as technically feasible. Each instance of such equipment shall not exceed 0.85 cu. ft. nor shall the total volume of such equipment exceed 2.6 cu. ft. per wood utility pole. Height 7) For wood utility poles carrying power lines, replacement poles and pole-top bayonet attachments shall be the minimum height necessary to provide GO-95 mandated clearance between WCF equipment and power lines. 8) For wood utility poles without power lines, any pole top equipment shall not increase the height of the pole by more than six feet. 9) In no event shall the total height of a pole or replacement pole, bayonet, and including all WCF equipment exceed 55 feet. 10) Replacement poles will conform to all standards adopted by CPAU. Landscaping 11) At the direction of the Urban Forestry division, Applicant shall provide street trees and/or smaller amenity trees that interrupt direct views of WCF equipment where Urban Forestry determines appropriate space exists within 35 feet of the pole. 12) Any existing landscaping removed or damaged by installation shall be replaced in kind. Noise 13) Noise shall comply with PAMC Chapter 9.10 and shall be consistent with noise-related Comprehensive Plan goals and policies. a) In residential areas with an average 24-hour noise level (Ldn) at or below 60 decibels (dB), noise generated by WCF equipment shall not cause the Ldn to exceed 60dB or to increase by 5.0 dB or more, even if the resulting Ldn would remain below 60 dB. b) In residential areas with an Ldn above 60 dB, noise generated by WCF equipment shall not cause the average to increase by 3.0 decibels (dB) or more. Curb clearances 14) If placed below 16 feet’ above ground level, attachments shall not be placed closer than 18 inches” to the curb, nor shall they extend over the sidewalk (Caltrans Highway Design Manual Section 309). 15) WCF node equipment must be at least 3 feet’ from a curb cut. Miscellaneous 16) Safety signage shall be the smallest size possible to accomplish its purpose. 17) Power disconnects shall be placed on the wood pole or in a vault near the base of the pole. 18) Except as provided in these standards, no equipment cabinets may be placed at grade. 19) If applicable, light mast orientation, height, color temperature and other photometric information shall comply with PWD standards. Pole location 20) Nodes shall utilize existing wood utility pole locations. Any new pole locations are prohibited unless approved through PWD/CPAU pole placement application. 21) Wood utility poles at a designated gateway location or along a scenic corridor shall not utilize a top-mounted design. 22) WCF nodes shall utilize only wood utility poles located in the public rights of way. 23) WCF nodes shall not be placed in locations within 300 feet of any parcel containing a public school. City of Palo Alto (ID # 10495) City Council Staff Report Report Type: Informational Report Meeting Date: 8/12/2019 City of Palo Alto Page 1 Summary Title: Annual Report for FY 19 Santa Clara County Multi- Jurisdictional Flood Preparedness Awareness Title: Fiscal Year (FY) 2019 Annual Evaluation Report for the Santa Clara County Multi-Jurisdictional Program for Public Information on Flood Preparedness Awareness and Resulting Community Rating System Flood Insurance Discounts From: City Manager Lead Department: Public Works Recommendation This is an informational report and no Council action is required. Executive Summary Palo Alto participates in a regional Program for Public Information (PPI) developed by the participating communities in Santa Clara County on flood risk reduction outreach. The legislative bodies of all participating communities including Palo Alto must present the PPI plan annually to continue receiving Community Rating System (CRS) credit and maintain a CRS rating of 6 and thus increasing the flood insurance discounts for the residents to 20%. Background The Community Rating System (CRS) is a voluntary program under the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP) that allows communities to earn flood insurance premium discounts for their residents and businesses. Communities earn CRS credit points for activities that promote flood risk reduction practices and encourage residents and businesses to purchase flood insurance. CRS Class Ratings are assigned at 500-point increments, and each improvement in Class Rating nets an additional 5% flood insurance premium discount. The CRS Class Ratings range from 1 to 10, with 10 being the lowest rating and 1 being the highest. The City of Palo Alto has participated in the CRS program since 1990 and is currently rated as a Class 6 community, affording residents and businesses a 20% discount on their flood insurance premiums. The City of Palo Alto improved its rating from 7 to 6 in April 2017, increasing the discount on flood insurance premiums from 15% to 20%. The improvement in CRS rating was due to a significant effort on flood awareness and floodplain management by the City. Neighboring cities have earned similar CRS ratings (Mountain View – CITY OF PALO ALTO City of Palo Alto Page 2 7, East Palo Alto – 8, Los Altos – 8, Sunnyvale – 7). The CRS Coordinator’s Manual includes the option to implement a regional Program for Public Information (PPI). Under the PPI, a community or group of communities work together to create and deliver customized flood risk reduction outreach messages. By disseminating these messages each community earns points that can improve their CRS rating. The number of CRS credit points earned depends on how extensive the implemented program is within each community’s boundaries. Staff estimates that the City of Palo Alto could earn up to 200 points for its PPI efforts. The total dollar savings for Santa Clara County residents from CRS flood insurance premium discounts is approximately $2.3 million per year. City of Palo Alto residents and businesses pay $3.6 million (per FEMA data as of March 21, 2019) for flood insurance premiums per year. The total savings from the 20% insurance discount achieved by the City on behalf of its residents due to its CRS participation is approximately $712,547 per year (per FEMA data as of March 21, 2019). Without CRS, the residents and businesses would have paid $4.3 million. The objectives of the City’s participation in the Santa Clara County Multi-Jurisdictional PPI program are to enhance the effectiveness of the flood risk messages to residents, reduce flood risks, and to maintain or improve the City’s CRS rating of 6. As required by the terms of the PPI, the regional PPI committee must convene annually to evaluate whether the flood risk reduction messages are still appropriate and adjust them as needed. A report to FEMA must be submitted annually describing the PPI implementation. The annual report is transmitted to the city council of each participating agency to update the councils on the various flood preparedness and awareness outreach programs that the Santa Clara County Multi-Jurisdictional PPI has undertaken for the past year. Discussion The annual report for 2019 Santa Clara County Multi-Jurisdictional PPI is attached as information for Council (Attachment A). The annual report highlights the elements of the flood safety outreach programs implemented by the eleven Santa Clara County communities (Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Santa Clara County, and Sunnyvale) that participate in CRS, along with the Santa Clara Valley Water District. The Santa Clara Valley Water District acted as the lead agency in developing the PPI and prepares the annual report. The District hosted the PPI development process in November 2013, staff and stakeholders from each of the communities participated in drafting the plan that was finalized in April 2015. The worksheet on Appendix A lists the outreach projects, implementing agencies, and the messages associated with each of the projects. Every year, participating communities must present the the PPI plan to the legislative bodies to continue receiving CRS credit. The 2018 Santa Clara County Multi-Jurisdictional PPI was City of Palo Alto Page 3 presented to Council on November 26, 2018 (CMR#9720). Staff will continue to provide information to Council on the Santa Clara County Multi-Jurisdictional PPI on a yearly basis after the end of each Fiscal Year to achieve the maximum number of CRS credit points and associated flood insurance premium discounts for the community. Attachments: Attachment A: Annual Report for 2019 Santa Clara County Multi-Jurisdictional PPI Annual Evaluation Report for FY19 (Year 4) (July 2018 to June 2019) Santa Clara County 2015 Multi-Jurisdictional Program for Public Information (PPI) Revised to reflect updated logos for City of Sunnyvale and Valley Water June 2019 Attachment A 0 CITY OF m ~'~ a...;:: ~ _, CITY OF PALO Sunnyvale ALTO CUPERTINO CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW SAN~E ~Valley Water CAPITAL OF SILICON VALLEY Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 2 of 12 PPI Annual Report FY19 Year FINAL v3 I. INTRODUCTION Ten cities and the Santa Clara Valley Water District (Valley Water) have been active participants in the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) for almost 20 years. CRS is a voluntary program of the Federal Emergency Management Agency (FEMA) NFIP that allows participating communities to earn flood insurance premium discounts for their residents and businesses by agreeing to adopt and enforce practices that meet or exceed FEMA’s requirement to reduce the risk of flooding. As the flood risk reduction agency for Santa Clara County, Valley Water performs many flood-related outreach and maintenance activities that earn CRS points for the County’s CRS-participating communities. Flood insurance premiums for participating communities are reduced in 5% increments for every 500 CRS points earned. The total savings for Santa Clara County residents from CRS discounts last year was approximately $2.2 million. The CRS Coordinator’s Manual, 2013 edition, included the option to undertake a Program for Public Information (PPI) which is a method to customize flood risk reduction outreach messages and increase CRS points. Valley Water hosted a meeting to facilitate the development of a Multi-Jurisdictional PPI in 2013 and 2014 so that all Santa Clara County CRS participating communities could work together and benefit from this activity. This PPI was finalized in April 2015. This Annual Evaluation Report (Report) is the fourth Report to document our PPI activities. The number of CRS points that will be earned by the PPI are determined by FEMA’s auditors that are in the Insurance Services Office (ISO). We estimate that of the possible 350 points, we could earn up to 300 points per participating community for our PPI efforts. The complete list of outreach projects is included as Attachment 1 of this Report is Appendix A, listing all projects proposed in the 2015 PPI, with a “Project Accomplishments” column noting actions taken during the fourth year of the PPI, FY19. One important benefit from our PPI work has been the close collaboration between city staff who work on flood protection throughout the County. Together, we continue to strengthen not only our individual CRS programs, but also the Santa Clara County CRS Users Group (CRS Users Group). We have learned from one another about shared floodplain management activities, including flood protection and land use issues. For the CRS Users Group, the PPI is our most important project. In addition to the PPI, the CRS Users Group also learned about new FEMA maps that are being updated to reflect coastal flooding in the San Francisco Bay area. A sub-group of shoreline communities worked together on improved maps as part of this process. The CRS Users Group and the PPI effort provided a forum for the advancement of flood protection issues throughout the County. Twelve agencies initially participated in this Multi-Jurisdictional PPI; nine have approved it. We will continue to actively encourage more participation. II. PPI DEVELOPMENT PROCESS Valley Water initiated the PPI process for Santa Clara County in November 2013. Valley Water hosted the process and provided staffing, while each participating community was required to: (1) conduct the CRS Self-Assessment; (2) recruit a non-governmental external stakeholder; (3) participate in the PPI Committee meetings; and (4) bring the PPI to their elected body for approval. With the enthusiastic support of the CRS coordinators, the PPI process was started. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 3 of 12 PPI Annual Report FY19 Year FINAL v3 A number of meetings were held in 2013 and 2014 to develop the PPI. A committee worked between the meetings to draft the PPI and compose the extensive list of possible projects (Attachment 1, which is Appendix A of the 2015 PPI). Table 1 shows dates of approval of the PPI by each participating agency as of June 2019. Nine agencies have approved; San Jose, Cupertino, and the County of Santa Clara are still pending approval. Table 1. Dates of PPI Approval Agency Date of Approval Approved Not Scheduled Santa Clara Valley Water District 4/14/15 X City of Cupertino Pending X City of Gilroy 11/21/16 X City of Los Altos 6/23/15 X City of Milpitas 1/19/16 X City of Morgan Hill 8/24/16 X City of Mountain View 10/27/15 X City of Palo Alto 6/8/15 X City of San Jose Pending X City of Santa Clara 7/14/15 X Santa Clara County Pending X City of Sunnyvale 6/23/15 X Total Approved 9 Not Yet Scheduled 3 III. PPI ACCOMPLISHMENT FOR FY 2019 The PPI accomplishments for FY19 fall into three categories. The first was continuing to get the PPI approved by the governing bodies of the participating communities. The second was to continue to implement our tracking system to monitor the PPI projects. The third was carrying out an extensive outreach program for flood risk reduction. Elected Body Approval: Including Valley Water, nine of the 12 participating agencies had the PPI approved by their governing body by the end of FY19. The approval dates are shown by city/agency in Table 1. The City of San Jose, City of Cupertino, and the County are each still pending approval. Accounting System: Because the 2015 PPI included up to 12 agencies, tracking implementation became quite cumbersome compared to a single agency PPI. Valley Water continues to oversee the record-keeping to ensure consistency throughout the County. An electronic file-sharing system, Egnyte, was initially set-up with folders for each of the agencies to file documents related to the 83 potential outreach projects identified in the PPI, including a comprehensive spreadsheet showing which projects were accomplished in any given fiscal year, by community/agency. This spreadsheet, along with the Annual Evaluation Report, will be submitted with annual CRS recertifications. PPI-related projects carried out by Valley Water usually apply to the entire county. Cities carried out projects in addition, and they are shown on the composite spreadsheet which includes input from each city. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 4 of 12 PPI Annual Report FY19 Year FINAL v3 At the February 25, 2019 CRS Users Group Meeting, the committee discussed the status of the cities’ Egnyte usage. We discussed the benefits of using the system for tracking PPI outreach projects and also identified the benefits of restructuring the file system so that all CRS related documentation, including the 2015 PPI projects, could be tracked. The benefits are: - Information Share/Knowledge Transfer: Communities can view each other’s program documentation. When a community improves its CRS rating, another community can access the documents submitted to determine how the CRS credited activities helped improve the score. - Document Repository: Central location for CRS-related documentation, organized to mirror the CRS Coordinator’s Manual (by community/activity/element). This will be helpful for both CRS annual recertifications and cycle verification visits/audits, as well as when a community experiences staff turnover. Summary of PPI Projects Accomplished in FY19 Appendix A from 2015 PPI noting FY19 Project Accomplishments Worksheet (Attachment No. 1) is summarized as follows: Of the 49 Community at Large Outreach Projects (CAL OP) identified in the PPI, at least 48 were accomplished. Three Outreach Projects related to the Winter Preparedness briefing were eliminated because the briefing is not an outreach open to the public. For Outreach Projects in the Special Flood Hazard Area (SHFA OP), at least 20 of the 22 potential projects were accomplished. Of the 9 Targeted Audience Outreach Projects (TA OP) identified, 8 were accomplished. These numbers go well beyond the requirements of the CRS Program, and we anticipate collecting the maximum number of points for our collective efforts in FY19. Outreach Program Valley Water’s campaign theme for the 2018-19 flood awareness campaign was “Climate Changed.” It launched shortly after the Fourth National Climate Assessment was published; there could not have been a better time to have this conversation. The federal report assessed intense extreme weather and climate-related events are becoming more frequent and will have catastrophic impacts on vulnerable communities, infrastructure, ecosystems and our economy. Extreme storm events could result in more frequent and severe flooding in our region. Valley Water’s message emphasized our commitment to reducing flood risks and protecting the community but acknowledging we cannot eliminate all risks. Thus, we must adapt and we must prepare. And it starts with being informed and aware of risks. Our community outreach efforts were supplemented by an educational paid advertising campaign. This year, our advertising campaign was supplemented by a series of formative research to truly understand our target audience, its level of awareness, and explore what educational messages and images most appealed to the group. The overall campaign cost was approximately $335,000 which included creative and production costs, a media buy of $201,000, the floodplain mailer production and distribution costs of $32,000 and a post-campaign survey. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 5 of 12 PPI Annual Report FY19 Year FINAL v3 The flood awareness paid advertisement campaign ran over a 5-month period from mid-November 2018 to mid-April 2019. The total cost of the paid advertisement campaign was $201,355. The paid media campaign served a total of 34,808,684 impressions, up from impressions in 2018 at 21,815,542. Community Events: Valley Water staff made a concerted effort to actively participate in community events, including community festivals and emergency preparedness affairs, particularly in communities and neighborhoods in or close to flood zones. In 2018, both Valley Water and City staff participated in 19 community events during which information on flood safety and emergency preparedness materials (including the floodplain mailer) were shared. During the 2018-19 Fiscal Year, Valley Water gave 13 speaker’s bureau presentations with an emphasis on flood protection and flood safety to organizations and agencies that requested presentations. Three of these presentations were made at neighborhood association leadership groups and targeted to regions in vulnerable flood zones. The presentations focused on specific flood risks for these areas. Advertising Campaign: The paid advertisements began in mid-November 2018 and ran through April 2019. In preparation for the campaign, as early as September 2018, Office of Communications staff led social media and digital communication efforts to convey flood safety messages including the use of Facebook, Twitter and blog posts, as well as Valley Water’s e-newsletter. A key strategy of the paid campaign was to incorporate key PPI messages in our ads as much as possible. These messages were derived from Valley Water’s annual Flood Plain Notification mailer, a publication distributed to residents in FEMA designated floodplains (Attachment 1 - Special Flood Hazard Area [SFHA] Outreach Projects [OP] 1 and 3). Customer Target: The campaign was targeted to residents and commuters within Santa Clara County, and residents in areas in or near a Special Flood Hazard Area. These targeted areas were determined using zip codes from the floodplain mailer address list, which is based on published FEMA flood maps. Media: The media breakdown was as follows: a) Radio – 34 percent b) Print – 33 percent c) Online – 12 percent d) Outdoor – 13 percent e) Collateral (Floodplain Notification mailer) – 8 percent Radio: (34 percent) Scripts for the radio emphasized the campaign theme message of adapting and preparing for extreme weather because of climate change. Weather alerts were also produced to include short tips for taking action before or during a storm. These included key PPI messages such as making an emergency plan or getting sandbags. The weather alerts were tied to a forecast throughout the season and ran during weather and traffic segments. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 6 of 12 PPI Annual Report FY19 Year FINAL v3 The radio buy included 1,135 spots of both :15 weather alerts and :30 campaign spots in four languages: English (KBAY and KRTY), Spanish (KBRG), Vietnamese (KVNN Radio Saigon), and Chinese (Mandarin) (KSQQ). The weather alerts for the KRTY and KVNN buys were all bonus. The Pandora buy featured a banner ad along with the weather alerts and campaign spots running via mobile. Print: (33 percent) Total Radio Ads: 1,135 spots Total Radio Impressions: 7,690,142 The print buy utilized publications providing the greatest reach within each ethnic and general population. Community papers were also targeted to reach some of the smaller communities in different cities. Full or half page ads were placed in English (Mercury News, Metro Weekly News, Palo Alto Post, Morgan Hill Times, and Morgan Hill Life); Spanish (El Avisador and El Observador); Chinese (World Journal News; and Vietnamese (Cali Today). Publications were weekly (El Avisador, El Observador, Cali Today, Metro Weekly News, and Morgan Hill Life); bi-weekly (Palo Alto Post and Morgan Hill Times); and daily (Mercury News and World Journal News), with a special edition of a yearly publication for Cali Today being placed in their Tet Magazine provided as bonus. The buy also included paid and bonus banner ads on El Observador and Cali Today’s websites. In addition, several cities published information through utility bill inserts. Online: (12 percent) Total Print Ads: 53 Total Print Impressions: 10,501,141 The online buy included banner ads on Facebook, Comcast and Google AdWords in English, while the Adtaxi buy ran creative in all four languages. Facebook ads were delivered via the sites’ newsfeed for desktop and mobile to audiences in two groups – SCC home and business owners ages 30 and up, and SCC renters and business owners ages 19 and up. The targeting interests were weather alerts, flooding, emergency preparedness, and flood insurance. Google AdWords engaged audiences living in flood zones, utilizing keywords similar to the Facebook interests and behaviors. Ads for these buys were geo-targeted to zip codes in flood prone areas. Comcast ads were aimed at both homeowners or renters. The banner ads running via Adtaxi featured creative with similar targeting used with Facebook /AdWords delivering ads on various websites (i.e. People, Fandango) within its network. This portion of the buy generated 7,120,730 impressions and 16,510 clicks. Total Online Sources: Four platforms (Facebook, Google Adwords, Adtax, Comcast) Total Online Impressions: 7,120,730 Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 7 of 12 PPI Annual Report FY19 Year FINAL v3 Outdoor: (13 percent) Outdoor ads consisted of center stages, or “wraps” on Valley Transit Authority’s (VTA) light rail cars as well as posters on VTA transit shelters. Ads were placed on Center Stage lines that ran as close as possible to flood prone areas with creative featuring English ads. The transit shelters were placed in ten locations also in flood prone areas in the cities of San Jose, Palo Alto, Morgan Hill, and Santa Clara in English, Vietnamese, or Spanish. The media buy generated a total of 11,012,832 paid and 1,058,694 bonus impressions (due to ads remaining visible longer than anticipated). Digital Publications: (non-paid media) Total Outdoor Ads: 16 Total Outdoor Impressions: 12,071,526 Valley Water also uses its monthly newsletter, news blog and social media profiles to enhance flood awareness efforts before and during a forecasted storm as well as during the campaign season starting as early as September (to use National Preparedness Month to kick start the conversation). From September to April, we published six blog posts on flood preparedness efforts and resources, and highlighted flood safety topics in five of our monthly newsletters. This season, staff also created an instructional video that features Valley Water’s Flood Watch Tool, a map-based instrument that helps residents check on the status of local streams in historically vulnerable and flood-prone locations. This video is hosted on Valley Water’s Flood Ready pages, an online hub of flood safety resources. During the length of the campaign and leading up to anticipated storm events, Valley Water posted flash flood warnings, and shared posts with key messages about flood safety, promoting the Flood Watch Tool throughout the winter. During the months of September through April, we featured 79 Facebook and 65 Twitter posts with flood safety messages. Results: Traffic to the flood protection resources page through the duration of campaign resulted in a total of 30,964-page views to both the flood protection resources and flood safety tip pages. During the campaign months, the flood protection resource page was the second most viewed page on the Valley Water’s website. The flood protection resources page serves as a hub of flood safety information with icons leading to a series of related web pages including information on flood zone maps, signing up for emergency alerts, sandbags, reporting local flooding and safety tips. Of these subpages, the most accessed was the flood zone awareness page, which features a brief explanation for determining if your home is in a FEMA designated flood zone. It also features an instructional YouTube tutorial for using FEMA’s Map Service Center to identify one’s flood risk. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 8 of 12 PPI Annual Report FY19 Year FINAL v3 IV. 2019 SANTA CLARA COUNTY CRS USERS GROUP MEETINGS – MONITORING AND EVALUATING THE 2015 PPI Santa Clara County CRS Users Group (CRS Users Group) meetings were held on February 25, 2019 and May 29, 2019 to gather communities’ input on project accomplished in FY19. Agenda and attendance sheets for each meeting are included as Attachments 2-5. At the February 25th meeting, a draft PPI Annual Evaluation Report FY19 (Year 4) was distributed to the communities for their review and input. As required by CRS, our February and May meetings were to monitor the implementation of the 2015 PPI outreach projects and to see if the desired outcomes were achieved, as well to determine if any changes to the PPI were needed. The Users Group agreed that our 2015 PPI messaging and projects would remain the same for the duration of the 2015 PPI, which sunsets in 2020. We discussed lessons learned from our fourth year and which projects/messaging were important to continue, as well as strengthen. Attendance was good; staff from eleven agencies participated, as well as some external stakeholders and other interested parties. At the February 25th meeting, Valley Water staff recapped the Santa Clara County CRS Users Group presentation made at the September 2018 Floodplain Management Association (FMA) Conference. Valley Water Communications staff gave an overview of our 2018-2019 Flood Awareness Campaign, including the Floodplain Notification that was mailed in November 2018 to all addresses in the FEMA Special Flood Hazard Area (SFHA), as well as to City Managers, Public Works and Planning Directors, and city CRS staff in December 2018. Valley Water gave a brief overview of our Map-Based Flood Watch Tool https://gis.valleywater.org/SCVWDFloodWatch/. This tool is very useful during flood events, and Valley Water encourages communities to utilize it. The cities of Santa Clara and City of Mountain View shared their preliminary audit results. Under CRS Activity, 510 – Floodplain Management Planning, using the Santa Clara County’s Local Hazard Mitigation Plan (LHMP) as their documentation submittal, preliminary indications show each city receiving 280 points out of a possible 382 points. We discussed other cities utilizing the LHMP as either part of an upcoming cycle verification visit or processing a modification, if appropriate, if it could result in improving their CRS classifications. Also, the cities Santa Clara and Mountain View shared their experiences using our electronic repository filing system, Egnyte, during their respective cycle verification visits. Both communities had positive experiences and believed that using Egnyte facilitated their audits. (Post meeting, we learned that both cities’ CRS classing rating improved). Emergency preparedness starter kits were distributed to the county and all Santa Clara County cities. Valley Water reminded CRS communities that the kits are starter kits and not intended to replace comprehensive kits. Therefore, communities should remind the public that these are starter kits that are meant to be used as a starting point when developing comprehensive emergency kits. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 9 of 12 PPI Annual Report FY19 Year FINAL v3 Valley Water shared information on the Department of Water Resources (DWR) statewide agency coordination calls that kicked off on March 20, 2019. The calls will lead up to the 8th-annual 2019 California Flood Preparedness Week (CFPW) that will be held from October 19-26, 2019. We encouraged the CRS communities to participate this year and to forward the information to their communication teams. (After the Users Group Meeting, Valley Water requested DWR’s approval to extend the statewide agency coordination calls by inviting all Santa Clara County agencies. A meeting invite for the 6/18/19 call was sent out.) We shared with the group Valley Water's experience in participating on these calls, including the benefits of learning what CFPW is about, ways to participate, and resources for events. We discussed how Valley Water’s Education Outreach (EO) Program presented flood awareness programming in classrooms throughout the county from October 2017 to March 2018. The effort reached over 4,000 students in 176 classrooms, from 39 schools. The schools were located in 7 cities throughout the county; Campbell, Cupertino, Milpitas, San Jose, Morgan Hill, Santa Clara, and Saratoga, and were schools that had requested visits from EO for the 2017-18 school year. All students were invited to enter Valley Water’s “Are You Flood Ready?” flood awareness coloring contest. Over 350 entries were received from 16 different schools. Winning entries were selected to represent each of Valley Water’s seven board members’ districts and prizes were awarded. The winning students received an emergency hand-crank radio, plus an emergency starter kit and a copy of “Chicken Little’s Flood Advice” (a book about a character that is always prepared for any emergency). Emergency starter kits, “Chicken Little’s Flood Advice” books and a copy of the Red Cross Emergency Contact Card were given to all students in the winning student’s classes. The teacher in the winning students’ classrooms received a back-pack full of emergency supplies to keep in the classroom. The coloring contest entry sheets were then decoupaged into an artwork display that was exhibited in Valley Water’s headquarters lobby starting during the 2018 CFPW October 20-26, 2018 and running through the end of the flood season in April 2019. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 10 of 12 PPI Annual Report FY19 Year FINAL v3 At the May 29th meeting, Valley Water Office of Emergency Services shared information on our next scheduled Winter Preparedness Workshop, to be held on October 31, 2019. We also informed the meeting participants that this workshop qualifies for the Certified Floodplain Managers (CFMs) continuing education credits. The City of Mountain View discussed the importance of emergency response coordination between CRS communities and their Office of Emergency Services. As was pointed out at the February 2019 meeting, activities like the County’s LHMP (credited under Activity 510 – Floodplain Management Planning) yield CRS points. Understanding the nexus between CRS and the people who perform activities for which the communities receive CRS credit is important. Maintaining open dialogue with staff is central in ensuring CRS requirements are being met and/or maintained. Valley Water also discussed our LHMP versus the County’s LHMP; we shared that we would be presenting Valley Water’s LHMP as part of our upcoming August 2019 audit submittal. The consensus is that our PPI implementation is on target and that no changes are needed. Cities who have had the PPI approved by their elected officials reported receiving strong support. For cities that had not gotten the PPI approved yet, the major problem is still workload related. The Public Works Departments in our area continue to have a great deal of work due to the high development level with Silicon Valley’s current economic boom. The PPI Annual Evaluation Report is required to be shared with each participating community’s governing body. Table 2 is a chart of how each community expects to communicate the report. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 11 of 12 PPI Annual Report FY19 Year FINAL v3 Table 2. How PPI Annual Evaluation Report will be shared with Community’s Governing Body Community Method for Sharing 1 Santa Clara Valley Water District Board Non-Agenda Item 2 City of Cupertino TBD 3 City of Gilroy Consent Calendar 4 City of Los Altos City Manager’s Weekly Update 5 City of Milpitas Memo to City Council 6 City of Morgan Hill Council Consent Calendar 7 City of Mountain View Council Weekly Update 8 City of Palo Alto Informational Staff Report 9 City of San Jose City Manager’s Weekly Report 10 City of Santa Clara Council Consent Calendar 11 City of Sunnyvale City Manager’s “Update Sunnyvale” 12 County of Santa Clara TBD V. FUTURE MESSAGING The messages that we originally chose are still relevant to Santa Clara County. We will continue to increase our efforts to encourage people to prepare personal/family emergency plans and be flood-ready. This will be incorporated into the flood preparedness outreach that is done every fall. We will also coordinate efforts with the Valley Water’s Education Outreach Program to continue promote flood preparedness in local schools with an emphasis on reaching students and families that were affected by the February 2017 floods and those in other flood zones throughout the county. The PPI Committee recommends continued use of social media for messaging. Mobile use among individuals has increased exponentially in recent years and online platforms are rapidly adjusting to mobile-friendly standards. Thus providing an excellent opportunity to modernize our campaign ad efforts by utilizing social media and digital advertising to increase exposure and reach a greater number of residents in Santa Clara County. Furthermore, these modern advertising methods allow for specialized demographical targeting to allow reaching a narrow and defined audience, improving our ability to effectively reach vulnerable populations. In support of our preparedness messaging, we will continue to promote the importance of having family emergency plans and emergency kits ready to go before an emergency event occurs. Emergency preparedness starter kits of emergency supplies have been distributed countywide as a give-away at various emergency preparedness fairs or events. To qualify for an emergency preparedness starter kit, each person will be asked to download an emergency alert App onto their cell phones. We will continue to promote the County’s ReadySCC App, as well as the American Red Cross Flood App. For people who do not have cell phones, they will be asked to demonstrate that they started to complete an American Red Cross Emergency Contact Card that was given to them. Targeted Outreach: In FY20, the Education Outreach Program will distribute 750 emergency preparedness starter kits to educators throughout Santa Clara County. This action will serve as a continuation of our flood awareness education messaging. Targeted student outreach will include distribution of the US Army COE “I am Flood Ready” flood preparedness activity book, as available, to the classrooms of the 750 above-mentioned educators. Attachment A Santa Clara County 2015 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY19 Year 4 (July 2018 to June 2019) 12 of 12 PPI Annual Report FY19 Year FINAL v3 The education curriculum will include grade-level appropriate flood preparedness activities and messaging. VI. CONCLUSION Overall, the CRS Users Group was successful in implementing the PPI in FY19. The PPI allowed participating communities to mutually decide which flood risk reduction messages are most appropriate and identified how those messages are delivered. The objectives of participating in the PPI are to enhance the effectiveness of the flood risk messages to residents, reduce flood risks within the county, and earn valuable CRS credit points when identified projects are implemented by communities. The CRS Users Group and the PPI will continue through FY20. Attachments for submission to Valley Water Board, City Councils/Managers, and FEMA as part of 2019 Verification/Recertification Package, as required: 1. Appendix A from 2015 SC County Multi-Jurisdictional PPI noting FY19 Project Accomplishments 2. February 25, 2019 Santa Clara County CRS Users Group Meeting Agenda 3. February 25, 2019 Santa Clara County CRS Users Group Meeting Sign-in Sheet 4. May 29, 2019 Santa Clara County CRS Users Group Meeting Agenda 5. May 29, 2019 Santa Clara County CRS Users Group Meeting Sign-in Sheet Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” ATTACHMENT NO. 1 2015 PPI Plan FY 2019 Project Accomplishments Target Audience 1 Message Outcome 2Project(s) Proposed to Support the Messages Assignment 3 Proposed Schedule 4 Stakeholder CRS Community Community At Large (CAL) The PPI Committee recognized that the entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important Topics 1, 2, 3, 4, 5, 6, 7, 8, & 9 Message: Know your flood risk and be prepared; buy flood insurance Educate our community on flood protection and preparedness measures CAL OP #1. Flood messages inserted in and/or printed on Utility Bills. City Public Works Depts. (PWD) City CRS Coordinators Valley Water Communications (for South County Unincorporated areas) October – March Utility companies (water, electric, waste) All Valley Water: Offers and provides CRS participating communities artwork from our Annual Flood Awareness Campaign to use for any flood messaging that they include in their utility billing. Gilroy: The city periodically has utilized utility billing inserts to provide flood and NPDES‐related materials, information and brochures to its citizens. Milpitas: In February (SFHA areas) and June (All other areas) 2019, the city mailed out the “2018‐2019 Public Advisory” informational SFHA brochure which includes flood preparedness messaging to all addresses in the city. Mountain View: The city sent utility inserts between August – October 2018 to all billing addresses Palo Alto: The city sent out two utility bill inserts to homeowners. CAL OP #2. Post Utility Bill messages on websites (Element 352 WEB1) Gilroy: The city has posted flood and NPDES‐related utility billing inserts on the city website. Milpitas: The city posted the “2018‐2019 Public Advisory” informational SFHA brochure on City website: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ Mountain View: Posted copy of utility insert on the city’s website ‐ Flood Protection page. Palo Alto: Utility bill inserts re: Flood Information/Winter Preparedness posted on city’s website. CAL OP#3. Winter Preparedness Briefing District Field Operations October NOAA, Cities Emergency Managers & Public Works Directors, Santa Clara County OES, Cal Fire, CCC, DWR All Not Applicable. Removed from list because all the people involved in the briefing are staff from numerous agencies; this wasn’t outreach to the public. CAL OP #4. Post “Winter Preparedness Briefing” notice and materials on website (Element 352 WEB1) October ‐ November CAL OP#5. “Emergency Preparedness Workshop” District Emergency Services November CAL OP #6. Post “Emergency Preparedness Workshop” notice and materials on website (Element 352 WEB1) November ‐ December Topics 1, 2, 3, 4, 5, 6, 7, 8, & 9 Message: Know your flood risk and be prepared; buy flood insurance. Flood Insurance will cover damage from flooding that most homeowner’s policies don’t cover Educate our community on flood protection and preparedness measures CAL OP #7. Develop newsletters with articles on flood protection and preparedness measures that urge residents and businesses to purchase flood insurance. These would include paper and electronic versions. These will be more extensive than messages included in utility bills. Valley Water‘s annual county‐wide mailer (CWM) will include language on flood protection and preparedness measures. City of Sunnyvale will distribute yearly newsletter article called “Know how to be Flood Safe in Sunnyvale” (Element 352 WEB1 and 2) City CRS Coordinators or Communications staff Valley Water Communications Gilroy Chamber of Commerce October – March Insurance agencies Gilroy Chamber of Commerce Valley Water Grantee Organizations City of Morgan Hill City of Cupertino City of Sunnyvale Gilroy Chamber of Commerce Valley Water: The theme for the 2018‐19 Flood Awareness Campaign was “Climate Changed.” It launched shortly after the Fourth National Climate Assessment was published. Valley Water’s message emphasized our commitment to reducing flood risks and protecting the community but acknowledging we cannot eliminate all risks. Thus, we must adapt, and we must prepare. And it starts with being informed and aware of risks. Our community outreach efforts were supplemented by an educational paid advertising campaign. This year, our advertising campaign was supplemented by a series of formative research to truly understand our target audience, its level of awareness, and explore what educational messages and images most appealed to the group. The overall campaign cost was approximately $335,000 which included creative and production costs, a media buy of $201,000, the floodplain 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 – Protect people from the flood hazard; Topic 4 – Protect your property from the hazard; Topic 5 – Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water” and “Turn Around, Don’t Drown®.” 2 CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project 3 By each June, all deliverables need to be reported to Valley Water for tracking purposes. 4 A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 1 of 34 Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 2 of 34 2 3 4 ATTACHMENT NO. 1 mailer production and distribution costs of $32,000 and a post‐campaign survey. The flood awareness paid advertisement campaign ran over a 5‐month period from mid‐November 2018 to mid‐April 2019. The total cost of the paid advertisement campaign was $201,355. The paid media campaign served a total of 34,808,684 impressions, up from impressions in 2018 at 21,815,542 Valley Water’s annual Floodplain Mailer (FPM) is sent to all SC County parcels in the FEMA flood zone. In FY19, the FMP was mailed out to 52,064 addresses between November 19 – 21, 2018 and to all Santa Clara County city/county Public Works and Planning Departments on December 14, 2018. The FPM is posted on our website. Valley Water’s annual November 2018 Countywide Mailer (CWM) was sent between December 26‐27, 2018 countywide to 729,929 addresses (USPS: ECRWSS ‐Extended/Enhanced Carrier Route Walking Sequence Saturation Postal Customer). The CWM includes flood protection and preparedness measures information, including FEMA map reading services, getting flood insurance, family emergency plans, downloading emergency preparedness app “Ready SCC,” and where to get sandbags. Valley Water’s 2017‐2018 Annual Report/2019 Calendar includes information regarding on‐going efforts to protect people, homes, and business from flooding and protecting the environment throughout the county. This report was made available to the public through an online request form and was mailed out during the months of December 2018 and January 2019. Los Altos: Outreach materials are displayed at Los Altos City Hall front counter and Los Altos library. An article titled "Flood Insurance Information Available" was published four times in the Los Altos Town Crier. Milpitas: In February and June 2019, city mailed out “2018‐2019 Public Advisory” informational SFHA brochure which includes flood preparedness messaging to all addresses in the city. The city’s annual newsletter “Connected” is mailed out citywide, which includes information on “Know Your Flood Risk”, May – July 2018 Volume V. http://www.ci.milpitas.ca.gov/_pdfs/newsletter‐may‐july2018.pdf Morgan Hill: The city’s citywide flood newsletter and city’s weekly newsletter/e‐mail blast (called Weekly 411) sent out to subscribers during the months of September 2018, December 2018, January 2019, and February 2019 included messages about flood safety and emergency preparedness. Palo Alto: The city’s utility bill inserts include this message. Santa Clara: The city’s citywide “Inside Santa Clara” newsletter includes these messages and is sent to all addresses in city in fall each year. CAL OP #8. Post newsletters/articles/Valley Water’s CWM on websites (Element 352 WEB1 and 2) Valley Water: All posted on Valley Water website. http://apps2.valleywater.org/publication/flipbook/809_FloodMailer2018/ mobile/index.html http://apps2.valleywater.org/publication/flipbook/059_AnnualReport2018 /Optimized/mobile/index.html Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 3 of 34 2 3 4 ATTACHMENT NO. 1 Gilroy: The city has posted flood and NPDES‐related utility billing inserts, and link to Valley Water’s CWM on the city website. Los Altos: The city’s annual mailer and brochure are posted on the city website and provide information regarding flood protection, preparedness, illegal dumping, and purchase of flood insurance. Milpitas: The city posts “2018‐2019 Public Advisory” informational SFHA brochure on city website: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ The city posts annual newsletter “Connected,” which includes information on “Know Your Flood Risk”, May – July 2018, Volume V http://www.ci.milpitas.ca.gov/?s=know+your+flood+risk+newsletterC The city’s website redirects to Valley Water’s Flood Ready landing page: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/know‐your‐hazard/ Morgan Hill: The city’s citywide flood newsletter and city’s weekly newsletters/e‐mail blasts sent out during the months of September 2018, December 2018, January 2019, and February 2019 were posted on the city’s website. Mountain View: The city posted link to Valley Water CWM on city website ‐ Flood Protection page. Palo Alto: Valley Water’s CWM and city’s utility bill inserts are posted on city’s Flood Information/Winter Preparedness webpage. Santa Clara: The city posts the newsletter to city website. Community At Large (CAL) The PPI Committee recognized that the entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. Topics 4 & 6 Message: Keep debris and trash out of our streams. It’s illegal to dump into streams Cleaner streams and fewer dumping violations Fewer debris blockages during high‐flow events CAL OP #9. “Do Not Dump” message is sent each year to all Santa Clara County residents in Valley Water’s CWM Valley Water Communications City of Sunnyvale June/July 2015 (CWM) Adopt‐A‐Creek Organizations Valley Water Grantee Organizations All Valley Water: The FPM sent to all SC County parcels in the FEMA flood zone includes “Do Not Dump” message. Valley Water has an extensive stewardship program. “Do Not Dump” message posted on construction/project sites with signs throughout the county. Link to CWM: https://www.valleywater.org/sites/default/files/2018%20Year%20in%20Re view%20All%20County%20Mailer.pdf Gilroy: The city has communicated “NO DUMP” messages thru utility inserts, mail‐outs, community events and website posting. Los Altos: The City’s annual mailer and brochure provide information regarding flood program, with an emphasis on the “DO NOT DUMP” message. The city also communicates “DO NOT DUMP” message through litter mailer sent to property owners in the city’s Trash Management Area 1, which is characterized by higher trash levels. Milpitas: In February and June 2019, the city mailed out the “2018‐2019 Public Advisory” informational SFHA brochure which includes Do Not Dump messaging to all addresses in the city. Morgan Hill: The city’s citywide flood newsletter included this message. Palo Alto: The city’s utility bills inserts include “Do Not Dump” message. Santa Clara: The city’s citywide “Inside Santa Clara” newsletter includes this message and is sent to all addresses in city in fall each year. Sunnyvale: Included information in the city’s Horizon Newsletter Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 4 of 34 2 3 4 ATTACHMENT NO. 1 https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=25445 CAL OP #10. Post “Do Not Dump” messages on website (Element 352 WEB1) Valley Water: FPM posted on the website. Gilroy: The city has this message on its website. Los Altos: The city’s annual mailer and brochure provide information regarding the flood program with an emphasis on the “DO NOT DUMP” message and are posted on the city website. Milpitas: The city’s “SFHA brochure” posted on website. http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ Morgan Hill: The city’s citywide flood newsletter was posted on the city’s Floodplain Management webpage. Mountain View: “Do Not Dump” message is on the city’s website – Fire Department – Environmental Protection page. Palo Alto: “Do Not Dump” messages are on the city’s Flood and Storm Drain webpage. Santa Clara: The city posts the Inside Santa Clara newsletter to city website. City website also has additional information on keeping storm drains clear and illegal dumping. CAL OP #11. “Illegal Dumping” –Valley Water Community Project Review Unit (CPRU) Water Resource Protection Ordinance No. 08‐1 Valley Water CPRU Santa Clara Valley Urban Runoff Pollution Prevention Program Year‐Round Adopt‐A‐Creek Organizations Valley Water Grantee Organizations All Valley Water: Water Resources Ordinance No. 08‐1 is in force. Information from Municipal Regional Permit NPDES Permit No.: CAS612008 Order Number: R2‐2015‐0049 ‐ FY 2017‐2018 Annual Report https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs /stormwater/MRP/2018_AR/Santa_Clara/index1.html NOTE: FY 18‐19 Annual Report will not be available until September 2019 C.5 – Illicit Discharge Detection and Elimination Water Resource Protection Ordinance Code Enforcement Program To protect District owned public lands, the District (Valley Water) regulates non‐District use of the agency’s property through the Water Resources Protection Ordinance. The Water Resources Protection Manual, which includes measures to protect the riparian corridor, is utilized for case development. For FY 17‐18, the Community Projects Review Unit’s Code Enforcement Program processed 186 cases. Of the 186 cases, encroachment violations accounted for 17% of the cases. Encroachments (unauthorized private use of District’s property) often occur on creekside or near‐creekside lands and can have negative impacts on the stream environment due to increased erosion from irrigation and overland drainage, the potential for the introduction of pesticides into the creek, planting of non‐native and invasive plant species in the riparian corridor, grading of creek banks, and dumping. The District has been protecting creekside public lands by remediating encroachments for over 40 years. Approximately 25% of the cases were for illegal dumping on District property, which is predominately creekside. Dumped items consisted of materials such as soil, yard Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 5 of 34 2 3 4 ATTACHMENT NO. 1 clippings, and pet waste. Drainage issues included discharges to creeks from backyard pools. C.7.c. Stormwater Pollution Prevention Education District outreach includes: Access Valley Water (http://www.valleywater.org/avwapp/) is a way to send immediate requests, questions, complaints and compliments directly to the Santa Clara Valley Water District. Citizens can report water waste, trash or downed trees near a creek, graffiti, illegal dumping, or other problems near creeks, from a computer or from the Access Valley Water mobile app. Users can check on status and receive messages from the District as a request is processed. Issues reported to Access Valley Water that are found to be outside of District jurisdiction are forwarded to the appropriate government entity. Access Valley Water response time is typically five days or less. Gilroy: The city has this message on its website, City Code Chapter 12. Los Altos: The city website posting of “Help Prevent Neighborhood Flooding…” provides information on illegal dumping reporting. The city’s annual mailer and brochure provide information regarding the flood program with an emphasis on the “DO NOT DUMP” message and are posted on the city website. The city’s Municipal Code Section 6.32.030 Watercourse Protection prohibits “discharge into or connect any pipe or channel to a watercourse.” Milpitas: In February and June 2019, the city mailed out the “2018‐2019 Public Advisory” informational SFHA brochure which includes Do Not Dump messaging to all addresses in the city. Morgan Hill: The city’s citywide flood newsletter included this message. Palo Alto: “Illegal Dumping” is part of the city’s Municipal Code. Santa Clara: The city has several city codes/charters on illegal dumping. Sunnyvale: The city posts Illegal Dumping message on website. CAL OP #12. Post Valley Water Resource Protection Ordinance on website (Element 352 WEB1) Valley Water: Water Resources Protection Ordinance 08‐01 is posted on website https://www.valleywater.org/sites/default/files/WRPO.pdf Gilroy: The city has this message on its website, City Code Chapter 27A. Los Altos: The city’s Municipal Code Section 6.32.030 Watercourse Protection is accessible through the Municipal Code link on the city’s website. Milpitas: The city’s Code Section XI‐16‐12 – Watercourse Protection is accessible through the Municipal Code. https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nod eId=TITXIZOPLAN_CH16STURRUPOCO_XI‐16‐12WAPR. Morgan Hill: The city has link to Valley Water’s “Permits for Working on Valley Water Land or Easement” on city’s Floodplain Management webpage. Valley Water’s webpage includes a link to the Water Resources Protection Ordinance. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 6 of 34 2 3 4 ATTACHMENT NO. 1 Palo Alto: Link to the city’s Municipal Code is on city’s Flood and Storm Drain webpage. Santa Clara: City codes/charters are posted on city website. CAL OP #13. “No Dumping” signage on Valley Water project sites Valley Water Watersheds Operations & Maint. Santa Clara Valley Urban Runoff Pollution Prevention Program Year‐Round Santa Clara Valley Urban Runoff Pollution Prevention Program (all communities that drain to San Francisco Bay) All Valley Water: Project sites throughout the county include “No Dumping” signage/message. Gilroy: No dumping messages are installed on all city catch basins. Milpitas: The city has a citywide application of “No Dumping” medallions on all public property storm drains. Palo Alto: “No Dumping” signs are installed in all city storm drain catch basins. CAL OP #14. “Pollution Hotline 1‐888‐510‐5151” to report all illegal dumping messages are included in Neighborhood Work Notices (target outreach – 6 points per topic) Valley Water Communications Santa Clara Valley Urban Runoff Pollution Prevention Program Year‐Round Santa Clara Valley Urban Runoff Pollution Prevention Program Watershed Watch Organization San Francisco Estuarine Institute Oakland Museum All Valley Water: Information from Municipal Regional Permit NPDES Permit No.: CAS612008 Order Number: R2‐2015‐0049 ‐ FY 2017‐2018 Annual Report https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs /stormwater/MRP/2018_AR/Santa_Clara/index1.html NOTE: FY 18‐19 Annual Report will not be available until September 2019 C.5 – Illicit Discharge Detection and Elimination Emergency Response Program The District (Valley Water) addresses illicit connection/illegal dumping (IC/ID) incidents effectively through its hazardous materials “Emergency Response” (ER) Program. The District received and responded to a total of 111 emergency response reports throughout Santa Clara County during FY 17‐18. This was 30 reports less than in FY 16‐17. Of the 111 total incidents reported during the last fiscal year, 102 were within the jurisdiction of the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB), 49 were actual or potential discharge events, and 75 required a field response by a team member or members for general investigation, source identification, multi‐agency coordination, and clean up or evidence collection. The District is one of the few Santa Clara County Permittees that has 24‐hour availability to conduct storm and stream water pollution investigations. District staff will, as needed, investigate, and collect evidence at a site that can later be transferred to the appropriate jurisdictional authority on the next business day. Jurisdictional authority could reside with a co‐permittee, state, or federal agency. The District responded within target field response time 100% of the time for all incidents requiring urgent field response. C.7.c. Stormwater Pollution Prevention Education District outreach includes: The District Pollution Hotline (1‐888‐510‐5151; www.valleywater.org/Services/PollutionHotline.aspx) receives and responds to emergency response reports throughout Santa Clara County. The District is one of the few Santa Clara County Permittees that has 24‐hour availability to conduct storm water pollution investigations. The District staff will, as needed, investigate and collect evidence at a site that can later be transferred to the appropriate jurisdictional authority during the next regularly scheduled Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 7 of 34 2 3 4 ATTACHMENT NO. 1 business hours. Jurisdictional authority could reside with a co‐ permittee, state or federal agency. Further information is provided in Section C.5 of this report. Valley Water’s Pollution Hotline (1‐888‐510‐5151) receives and responds to emergency response reports throughout the Santa Clara County 24/7‐ 365 days per year availability to conduct storm water pollution investigations. https://www.valleywater.org/pollution‐hotline The Pollution Hotline number is also promoted on Valley Water’s annual FPM. Gilroy: The city posts the Pollution Hotline on the city website. Milpitas: The city maintains Pollution Prevention and SFHA phone lines. In addition, city mailed out citywide informational “SFHA brochure” that included this message. Their number is 911 dispatch for Fire Department response. Palo Alto: Pollution hot line is posted on the city’s utility bills. Community At Large (CAL) The PPI Committee recognized that the entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. Topics 4 & 6 Message: Keep debris and trash out of our streams. It’s illegal to dump into streams Cleaner streams and fewer dumping violations Fewer debris blockages during high‐flow events CAL OP #15. Post Project notices with “Pollution Hotline” on website (Element 352 WEB1) Valley Water: The Pollution Hotline number is included in Valley Water’s FPM and is posted on the website. Gilroy: The city posts the Pollution Hotline on the city website. Milpitas: In February and June 2019, the city mailed out the “2018‐2019 Public Advisory” informational SFHA brochure which includes Do Not Dump messaging to all addresses in the City. City of Milpitas citywide FAQ’s page on storm water uses 911 as the hotline for pollution prevention http://www.ci.milpitas.ca.gov/milpitas/departments/public‐works‐ department‐home‐page/storm‐home‐page/storm‐faqs‐2/ Palo Alto: “Pollution Hot Line” is posted on the city’s flood information webpage. Sunnyvale: The city hosts a link on its Flood Protection page on how to prevent stormwater pollution http://www.mywatershedwatch.org CAL OP #16. Creekside Property Program – Creek Wise brochure handed out at community fairs (target outreach – 6 points per topic) Valley Water Communications Year‐Round Fair Sponsors Attendees of community events who visit information booths SCVURPPP All Valley Water: Creek Wise brochure, “You Are the Solution to Water Pollution” was mailed out to approximately 16,100 creek‐side property owners in July 2018. The Creek Wise brochures were also handed out at community events at various SC County cities. Palo Alto: The city’s utility bill insert includes creek monitoring information/ bill insert distributed on earth day as well. CAL OP #17. Post Creekside Property Program – Creek Wise brochure on website (Element 352 WEB1) Valley Water: Creek Wise brochure, “You Are the Solution to Water Pollution” is posted our website at: https://www.valleywater.org/sites/default/files/CreekWise%202018%20fly er_for.Web%20FINAL%20CORRECT.pdf Los Altos: The city’s general informational posting of “Local Creeks” provides information and direct readers to Valley Water’s website and Creekside Property Program. Palo Alto: “Creekside Programs” are posted on city’s creek monitor webpage city’s cleanbay.org. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 8 of 34 2 3 4 ATTACHMENT NO. 1 CAL OP#18. Organize volunteers for creek clean‐ups through Valley Water’s Adopt‐A‐Creek Program or organized city clean‐ups, such as City of Santa Clara’s, Adopt‐A‐Spot Program Valley Water Communications Year‐Round Community Organizations Residents Schools Businesses Creek Connections Action Group (CCAG) All City of Santa Clara Valley Water: Participation in Valley Water’s Adopt‐A‐Creek Program was 48 partners/adopted sites in FY19. The program is going through a thorough renewal process. Each participating Adopt‐A‐Creek partner was required to host a minimum of 2 clean‐up events per year. Adopt‐A‐Creek program is also promoted in our Creek Wise mailer, “You Are the Solution to Water Pollution,” which was mailed out to all creek‐side property owners in July 2018. Los Altos: The city posted National River Cleanup Day information in the City Manager Weekly Updates, which is an email newsletter, and posted on the city website. Milpitas: The city organized cleanups at 3 sites and advertised in local paper, city website, KMLP‐15 and social media for Coastal Cleanup Day on 9/22/18 and National River Cleanup Days on 5/18/18 and 5/19/19. Mountain View: The city advertised creek cleanup events. Palo Alto: The city participates in Valley Water’s Adopt‐A‐Creek Program. Santa Clara: The city has an Adopt‐a‐Spot program. Sunnyvale: Environmental Services hosted Coastal Clean‐up in Sunnyvale on 9/15/18. CAL OP #19. Post Valley Water’s Adopt a Creek Program and cities clean‐up programs on website (Element 352 WEB1) Valley Water: Adopt‐A‐Creek Program information posted on the Valley Water’s website http://valleywater.org/EkContent.aspx?id=336&terms=adopt+a+creek. Creek Wise mailer, “You Are the Solution to Water Pollution,” which included Adopt‐A‐Creek program information is also posted on Valley Water’s website https://www.valleywater.org/sites/default/files/CreekWise%202018%20fly er_for.Web%20FINAL%20CORRECT.pdf Los Altos: The city posted National River Cleanup Day information in the City Manager Weekly Updates, which is an email newsletter, and posted on the City website. Milpitas: The city promoted and participated in these annual events and has a link to Valley Water’s website on the flood information page. Morgan Hill: The city advertised the National River Cleanup Day – Morgan Hill Creek Cleanup (scheduled May 18, 2019) in the Winter/Spring 2019 and Summer 2019 editions of the city’s Recreation Activity Guide on the city’s website. Palo Alto: Adopt a Creek Program posted on city’s cleanbay.org/my‐ creeks‐and‐bay. Santa Clara: The city’s Adopt‐a‐Spot Program is posted on City website. Community At Large (CAL) The PPI Committee recognized that the entire community that lives and/or works in Santa Clara County is Topics 4 & 6 Message: Keep debris and trash out of our streams. It’s illegal to dump into streams Cleaner streams and fewer dumping violations Fewer debris blockages during high‐flow events CAL OP#20. Organize volunteers for National River Cleanup Day and California Coastal Cleanup Day Valley Water Communications City of San Jose May 16, 2015 and September 2015 annually All Valley Water: Information from CleanACreek.org Creek Connections Action Group https://cleanacreek.org/past‐results‐2/ On May 18, 2019, Valley Water hosted National River Cleanup Day in Santa Clara County. A total of 1,060 volunteers participated in cleaning up 62.3 miles of creeks. Volunteers removed 46,580 pounds of trash from 47 cleanup sites from Palo Alto to Gilroy. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 9 of 34 2 3 4 ATTACHMENT NO. 1 subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. California Coastal Cleanup Day was held on September 15, 2018. 45 clean‐ up sites; 1,931 volunteers removed approximately 56,808 lbs. of trash, including 8,542 lbs. of recyclables along 75.25 miles of creeks and shoreline. Los Altos: The city posted National River Cleanup Day information in the City Manager Weekly Updates which is an email newsletter and posted on the city website. Milpitas: The city promoted and participated in these annual events. Morgan Hill: The city in the National River Cleanup Day. Mountain View: The city advertised Creek Cleanup events. Palo Alto: The city participates in National River Cleanup Day Program. Santa Clara: The city organized volunteers for National River Cleanup Day in May 2019. CAL OP #21. Post volunteer information and results on website (Element 352 WEB1) Valley Water: Volunteer information and results posted on www.cleanacreek.org. Los Altos: The city posted National River Cleanup Day information in the City Manager Weekly Updates, which is an email newsletter, and posted on the City website. Milpitas: The city promoted volunteer opportunities in promotions and the city website which re‐directs to www.cleanacreek.org .The link is called out as “52 cleanup sites” at: http://www.ci.milpitas.ca.gov/national‐river‐ cleanup‐day‐3/ Attachment A BY THE NUMBER S 46,580 lbs For the 2019 National River Cleanup Day, volunteers picked up 46,580 lbs of trash out of local waterways. That's equivalent to the total ~ weight of 186 ATMs. '"'"=::"''"'l #CCAG #NRCD2019 Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 10 of 34 2 3 4 ATTACHMENT NO. 1 Palo Alto: River cleanup information posted on city’s social media and cleanbay.org. Santa Clara: National River Cleanup event was posted on city’s website. CAL OP # 22. Installation of trash booms Valley Water: Information from Municipal Regional Permit NPDES Permit No.: CAS612008 Order Number: R2‐2015‐0049 ‐ FY 2017‐2018 Annual Report https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs /stormwater/MRP/2018_AR/Santa_Clara/index1.html NOTE: FY 18‐19 Annual Report will not be available until September 2019 C.10 – Trash Load Reduction A total of 4 trash booms (2 in San Jose: Lower Silver Creek, Thompson Creek; 2 in Palo Alto: Matadero Creek, Adobe Creek) installed prior to FY17‐18. During FY17‐18, the following amounts of trash were removed from each trash boom: - Lower Silver: 2 cubic yards on 5/7/2018 - Thompson: 5 cubic yards on 3/2/2018 and 5 cubic yards on 5/7/2018 - Matadero: 0.47 cubic yards on 12/9/17, and 0.035 cubic yards on 5/19/18 - Adobe: 0.22 cubic yards on 12/9/17, and 0.045 cubic yards on 5/19/18 Milpitas: The city will have completed the installation of 167 trash capture devices in FY18‐19. Mountain View: Trash capture devices are installed throughout the city. Palo Alto: Trash booms are installed at Matadero Creek and Adobe Creek. CAL OP #23. Stenciling storm drains “Do Not Dump ‐ Flows Into Bay” City of San Jose CRS Coordinator All Cities CRS Coordinator City of San Jose All Cities Valley Water: Inspects and maintains stenciled storm drains on all Valley Water property. Information from Municipal Regional Permit NPDES Permit No.: CAS612008 Order Number: R2‐2015‐0049 ‐ FY 2017‐2018 Annual Report https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs /stormwater/MRP/2018_AR/Santa_Clara/index1.html NOTE: FY 18‐19 Annual Report will not be available until September 2019 C.7.a. Storm Drain Inlet Marking iii. Reporting – In the 2020 Annual Report, each Permittee shall (1) state how many municipally‐maintained storm drain inlets it has, (2) certify that at least 80 percent of municipality‐maintained storm drain inlet markings are legibly labeled with an appropriate stormwater pollution prevention message during the permit term; (3) include a picture of a labeled municipality‐maintained inlet; and (4) certify that all privately‐maintained streets had storm drain inlet markings verified prior to acceptance of the project and were required to maintain the storm drain inlet markings through the development maintenance entity. Gilroy: The city adds medallions at drainage inlet locations. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 11 of 34 2 3 4 ATTACHMENT NO. 1 Los Altos: City storm drains are all stenciled or labeled with medallions (including the name of the creek that the inlet drains to) and the city aims to inspect, clean, and maintain each inlet annually. Milpitas: The city places “No Dumping, Drains to Creek” medallions placed at public catch basins on as‐needed basis, and all new developments are required to label new or reconstructed storm drains. Mountain View: This is a standard detail required on all construction projects in the city. Palo Alto: “Do Not Dump” stenciling is installed on all storm drain inlets in the city. Santa Clara: The city placed stencils on all storm drain inlets. Sunnyvale: The city stencils “No Dumping! Flows to Bay” on storm drains. Community At Cleaner streams and fewer dumping violations Fewer debris blockages during high‐flow events CAL OP #24. Inserts into inlets Valley Water: Valley Water inspects and maintains drop inlet protection on all its property. Information from Municipal Regional Permit NPDES Permit No.: CAS612008 Order Number: R2‐2015‐0049 ‐ FY 2017‐2018 Annual Report https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs /stormwater/MRP/2018_AR/Santa_Clara/index1.html NOTE: FY 18‐19 Annual Report will not be available until September 2019 Provision C.2 Municipal Operations The District (Valley Water) owns and operates the storm water drainage systems at its facilities, which includes storm drains, catch basins, vegetated swales, open drainage ditches, utility trenches, and storm drain laterals. The District owns and maintains four corporation yards; one vehicle maintenance and parking facility (Corporation Yard) and three material storage facilities (Winfield Facilities, Brokaw Storage Yard, and Camden Storage Yard). Each District corporation yard has a site‐specific Storm Water Pollution Prevention Plan (SWPPP). Storm drains outside District facilities are owned and operated by the local (city or county) jurisdictions. The District completed the following tasks: 1. Continued implementation of the storm drain inspection and cleaning program 2. Cleaned and reconstructed cinder block, screen, and gravel BMPs at the Corporation Yard and Winfield facilities in May of 2018. HIGHLIGHTS AND ACCOMPLISHMENTS Pollution prevention and pollutant reduction has continued to be a focus of District staff discussions, including general good housekeeping practices, proper BMP inspection and implementation, and the need to document follow‐up actions based on Storm Water Pollution Prevention Plan (SWPPP) inspections. Storm drain inspections and cleaning work orders continue to be distributed via the District’s Comcate Preventative Large (CAL) The PPI Committee recognized that the entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 12 of 34 2 3 4 ATTACHMENT NO. 1 Maintenance Program (field maintenance work‐order software) for the corporation yards. Each month, facility maintenance staff inspects all storm drains at their facility and have them cleaned as needed. Inspections were completed for all District corporation yards, and BMPs were implemented according to site specific SWPPPs. District staff attends the SCVURPPP Municipal Operations Ad Hoc group. Please refer to the C.2 Municipal Operations section of the Program’s FY 17‐18 Annual Report for a description of program and regional activities. Los Altos: The city has one installed large trash capture device that is regularly maintained by the city’s maintenance division. Milpitas: The city will have completed the installation of 167 trash capture devices in FY18‐19. Mountain View: The city requires inlet protection be installed on a site‐specific basis. Palo Alto: The city installed two large trash capture devices and stencils are installed on all catch basins. Santa Clara: 146 new storm drain inlets are scheduled to be installed before June 30, 2019. Sunnyvale: The city has three large trash capture devices at two separate locations. They also have multiple individual catch basin devices and require trash capture on all on‐site storm drain inlets. CAL OP #25. Hot Spot Assessment and Clean‐ups Valley Water: Information from Municipal Regional Permit NPDES Permit No.: CAS612008 Order Number: R2‐2015‐0049 ‐ FY 2017‐2018 Annual Report https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs /stormwater/MRP/2018_AR/Santa_Clara/index1.html NOTE: FY 18‐19 Annual Report will not be available until September 2019 C.10.c – Trash Load Reduction – Trash Hot Spots Clean‐up The FY 17‐18 cleanup data and volume of trash removed during each MRP‐required Trash Hot Spot cleanup during each fiscal year are listed on pages 10‐9 and 10‐10 of the report. Gilroy: The city completed hotspot assessment per city’s state permit requirement for year 5 of permit. Los Altos: The city continues active participation in SCVURPPP and continues conducting hot spot cleanups. Milpitas: The city has 3 (three) creek hot spots which are cleaned twice/year. Palo Alto: The city identifies hot spots every year and keeps log of maintaining them. The city continues to actively participate in the SCVURPPP. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 13 of 34 2 3 4 ATTACHMENT NO. 1 Santa Clara: The city’s Trash Hot Spot Cleanups, 4 of 5 sites are completed and the remaining one will be completed before June 30, 2019. Total trash collected from the four sites is 55 gallons. Community At Large (CAL) The PPI Committee Cleaner streams and fewer dumping violations Fewer debris blockages during high‐flow events CAL OP #26. Send out yearly newsletter article discussing efforts to ready the storm drainage system for fall rains – cleaning out storm drains, and discusses “No Dumping” that reaches all households in the City or County City of Sunnyvale CRS Coordinator Cities CRS Coordinators Late Summer/ Fall Sunnyvale All Valley Water: Messages on storm drainage systems, including DO NOT DUMP is promoted on Valley Water’s annual FPM. Milpitas: The city has monthly street sweeping print advertising in local newspaper; letters to 9,000 households in Fall Street Sweeping Program areas. Palo Alto: The city sends winter storm preparedness on utility insert every year. Santa Clara: The city’s “Inside Santa Clara” newsletter has message about storm drain and illegal dumping. Sunnyvale: The city’s Horizon Newsletter, Fall 2018 “How to be Flood Safe,” is also posted on the City’s website: https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=25445 recognized that the entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. CAL OP # 27. Post newsletter article on efforts to ready City Sunnyvale CRS Late Summer/ Sunnyvale Valley Water: Newsletters and flyer posted on the website. storm drainage system for fall rains –cleaning out storm Coordinator Fall All drains, and “No Dumping” on website (Element 352 WEB1)Cities CRS Coordinators Los Altos: The city’s website posting of “Storm Preparation in Los Altos” discusses efforts to get the drainage system ready for the storm season. The city posts information on the website about their efforts to prepare for storms and emergencies, including 1). conducting emergency operation drills with the police department and Santa Clara County Fire Department to set up an Emergency Operation Center in order to practice and prepare for storm and flood response; 2). inspections and waterproofing of traffic signals, related equipment and preparing backup generators for signal outages; 3). trimming trees and removing dead trees, which can help to prevent debris blockages during rains; and 4) inspecting and clearing debris from difficult to access storm water ditches. Milpitas: The city posts their citywide informational “SFHA brochure” on city website. The city also promotes winter preparedness through the city website: http://www.ci.milpitas.ca.gov/milpitas/departments/public‐works‐ department‐home‐page/storm‐home‐page/ Mountain View: Posted on the city’s website – Flood Protection page. Palo Alto: The city’s newsletter is posted on utility insert and flood information website. Santa Clara: The city’s “Inside Santa Clara” newsletter is posted on city website. City website also has additional information on keeping storm drains clear and illegal dumping. Sunnyvale: The city posts Learn How to Prevent Stormwater Pollution on website. https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23588 Topics 1,2,3,4,7, 8 & 9: Download disaster electronic Increase in ‘hits’ on CAL OP #28. Advertise Valley Water, County Public Health City representatives,Year‐Round Community All Valley Water: Emergency apps information is included in Valley Water’s Apps Apps and less stress Department and American Red Cross Electronic Apps Valley Water Organizations, including annual FPM and CWM. Also advertised on the newsletter, Facebook and during emergencies Communications County American Red Cross and Twitter by Valley Water, City of Palo Alto, and City of Mountain View. Public Health Dept. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 14 of 34 2 3 4 ATTACHMENT NO. 1 Messages: Be prepared for flood and other disasters; Know how to access needed information quickly during an emergency Gilroy Chamber of Commerce, and American Red Cross Gilroy Chamber of Commerce Residents who download the apps. Attendees of community events who visit information booths Teachers /students visited by Valley Water’s Education Outreach Program Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to get specific services. Morgan Hill: The city's citywide flood newsletter and city’s weekly newsletters/e‐mail blasts sent out during the month of September 2018 included information about the ReadySCC and Red Cross Flood apps. Mountain View: The city handed out emergency preparedness starter kits and encouraged app downloads at Spanish Language Civic Leadership Academy, Spring Parade, Downtown Festival – Art ala Carte, National Night Out, and Thursday Night Lives. Palo Alto: Information on Red Cross Apps and Alert SCC is on city’s Winter Storm Preparedness Tips utility insert. Santa Clara: The city’s “Inside Santa Clara” newsletter has instructions to download Santa Clara County’s emergency preparedness app “ReadySCC.” . CAL OP #29. Post disaster apps information on website (Element 352 WEB1 and 2) Valley Water: FPM and CWM are posted on website. Apps information posted on Valley Water’s website at https://www.valleywater.org/flooding‐safety/flood‐protection‐ resources/sign‐up‐for‐emergency‐alerts Los Altos: The city’s website posting of “Calling on Los Altans to be Disaster Prepared” provides links to AlertSCC.org, Red Cross and FEMA apps, and it encourages the viewers to explore www.ready.gov for more information. The city posts AlertSCC app information on the city website and in the City Manager Weekly Update online newsletter. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to get specific services. http://www.ci.milpitas.ca.gov/milpitas/departments/fire/office‐ of‐emergency‐services/ Morgan Hill: The city's citywide flood newsletter and city’s weekly newsletter/e‐mail blast were posted on the city’s website. Mountain View: On city’s website. Palo Alto: Information on Red Cross Apps is posted on city’s Flood Information/Winter Preparedness webpage. Santa Clara: City posts AlertSCC on city’s social media account, and also posts AlertSCC and ReadySCC on city’s website. Sunnyvale: City offers this information on website. https://sunnyvale.ca.gov/government/safety/emergency.htm CAL OP #30. Instruct people to download apps at personal preparedness trainings Valley Water: Apps information provided at several emergency preparedness events hosted by Valley Water and several SC County cities. Los Altos: City’s website posting of “Calling on Los Altans to be Disaster Prepared” provides links to AlertSCC.org, Red Cross, and FEMA apps, and it encourages the viewers to explore www.ready.gov for more information. The city encourages attendees of emergency preparedness events and trainings to download apps. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 15 of 34 2 3 4 ATTACHMENT NO. 1 Milpitas: City’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to get specific services. Morgan Hill: City staff instructed the attendees of the July 17, 2018, 13th Annual Youth Leadership Morgan Hill (YLMH) workshop to download the apps. Mountain View: The city handed out emergency preparedness starter kits and encouraged app downloads at Spanish Language Civic Leadership Academy, Spring Parade, Downtown Festival –Art ala Carte, National Night Out, and Thursday Night Lives. Santa Clara: The city’s Community Emergency Response Team (CERT) training class instructs trainees to download ReadySCC app and sign up for AlertSCC. Sunnyvale: The city provides preparedness training/information at Farmer’s Market event, and instructed people to download emergency & flood App. CAL OP #31. Post instruction on how to download apps. on Valley Water Valley Water: Instructions on how to download AlertSCC, ReadySCC, websites and electronic newsletters (Element 352 WEB1)Communications American Red Cross Flood Apps on Valley Water website at: City representatives https://www.valleywater.org/flooding‐safety/flood‐protection‐ resources/sign‐up‐for‐emergency‐alerts Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to get specific services. http://www.ci.milpitas.ca.gov/milpitas/departments/fire/office‐ of‐emergency‐services/ Morgan Hill: The city's citywide flood newsletter and city’s weekly newsletter/e‐mail blast sent out during the month of September 2018 included information about the ReadySCC and Red Cross Flood apps. Santa Clara: The city’s “Inside Santa Clara” has instruction to download ReadySCC app. The newsletter is posted on city website, and the City website also has instructions to download ReadySCC on a separate page. Community At Large (CAL) The PPI Committee CAL OP #32. Promote ALERT SCC ‐ Santa Clara County Emergency Alert System Cities CRS Coordinators Valley Water Communications Santa Clara County All Valley Water: Promoted ALERTSCC in the annual FPM. AlertSCC is a service for anyone who lives or works in SC County to get emergency warnings sent directly to their electronic devices. AlertSCC provides information in emergency situations like: Flooding, wildfires and subsequent evacuations. Public safety incidents, including crimes, that immediately affect your neighborhood. Post‐disaster information about shelters, transportation, or supplies Gilroy: The city promotes ALERT SCC on its website. Los Altos: The city’s social media messaging and City Manager Weekly Update online newsletter encouraged download of the AlertSCC app and promoted several different emergency training programs and drills. The city’s website posting of “Calling on Los Altans to be Disaster Prepared” provides links to AlertSCC.org, Red Cross and FEMA apps, and it encourages the viewers to explore www.ready.gov for more information. recognized that the entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 16 of 34 2 3 4 ATTACHMENT NO. 1 Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to get specific services. Morgan Hill: The city included information about the AlertSCC app in the city’s weekly newsletter/e‐mail blast during the month of September 2018. Mountain View: The city handed out emergency preparedness starter kits and encouraged app downloads at Spanish Language Civic Leadership Academy, Spring Parade, Downtown Festival – Art ala Carte, National Night Out, and Thursday Night Lives. Palo Alto: Information on Alert SCC‐ Santa Clara County Emergency Alert System is included in the city’s utility insert. Santa Clara: The city instructs people to sign‐up for AlertSCC at CERT classes. Sunnyvale: The city promotes registration for AlertSCC on city website: https://sunnyvale.ca.gov/government/safety/emergency.htm CAL OP #33. Post ALERT SCC ‐ Santa Clara County Emergency Alert System on Valley Water and cities websites http://www.sccgov.org/sites/alertscc/Pages/home.aspx (Element 352 WEB1 and WEB2) Valley Water: Sign‐up info posted on Valley Water website at: https://www.valleywater.org/flooding‐safety/flood‐protection‐ resources/sign‐up‐for‐emergency‐alerts Gilroy: The city posts ALERT SCC link on its website. Los Altos: The city posts AlertSCC app information on the city website and in the City Manager Weekly Update online newsletter. The city’s website posting of “Calling on Los Altans to be Disaster Prepared” provides links to AlertSCC.org, Red Cross and FEMA apps, and it encourages the viewers to explore www.ready.gov for more information. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to get specific services. http://www.ci.milpitas.ca.gov/milpitas/departments/fire/office‐ of‐emergency‐services/ Morgan Hill: The city’s weekly newsletters/e‐mail blasts during the month of September 2018 with information about the AlertSCC app was posted on the city’s website. Mountain View: On the city’s website. Palo Alto: Alert SCC‐Santa Clara County Emergency Alert System is posted on city’s Flood Information/Winter Preparedness webpage. Santa Clara: The city posts information on how to sign up for AlertSCC on city website. Sunnyvale: The city promotes AlertSCC on website: https://sunnyvale.ca.gov/government/safety/emergency.htm Topic 7: Develop a Family Emergency Plan Messages: Be prepared for flood and other disasters Increase in Family Emergency Plan and less stress during emergencies CAL OP#34. Workshop/contest to promote developing family Emergency Plans; Reaching out to a celebrity to carry our message Valley Water Communications and City representatives with assistance from Stakeholders Year‐Round Schools American Red Cross Celebrity, TBD FEMA California Volunteers.org All Valley Water: All students were invited to enter Valley Water’s “Are You Flood Ready?” flood awareness coloring contest. Over 350 entries were received from 16 different schools. Winning entries were selected to represent each of Valley Water’s seven board members’ districts and prizes were awarded. The winning students received an emergency hand‐crank radio, plus an emergency starter kit and a copy of “Chicken Little’s Flood Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 17 of 34 2 3 4 ATTACHMENT NO. 1 More people know what to do in an emergency Advice” (a book about a character that is always prepared for any emergency). Emergency starter kits, “Chicken Little’s Flood Advice” books and a copy of the Red Cross Emergency Contact Card were given to all students in the winning student’s classes. The teacher in the winning students’ classrooms received a back‐pack full of emergency supplies to keep in the classroom. The coloring contest entry sheets were then decoupaged into an artwork display that was exhibited in Valley Water’s headquarters lobby starting during the 2018 CFPW October 20‐26, 2018 and running through the end of the flood season in April 2019. Family Emergency Plan information is also included in Valley Water’s annual FPM and CWM. Los Altos: The city’s police conduct Community Emergency Response Team (CERT) training to residents. The city also promotes the PREPARE program by the Los Altos Community Foundation. The program provides training to Block Action Team Leaders for emergency preparedness, response, and recovery. The city offers complementary Personal Emergency Preparedness courses taught by the SCC Fire Department personnel. City of Los Altos website posting of “Calling on Los Altans to be Disaster Prepared” provides a link to sign up for this class. The city coordinated with local school district to offer a Family Preparedness Workshop on February 7, 2019. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to go for workshops/classes. The city handed out Valley Water emergency preparedness starter kits at various community events and requested that residents complete an emergency plan with their family. Morgan Hill: The city declared September 2018 as “National Preparedness Month.” The city’s weekly newsletters/e‐mail blasts during the month of September 2018 included information on how to be prepared throughout the month. The city also hosted a free Preparedness Seminar for the community on February 11, 2019. Mountain View: The city handed out emergency preparedness starter kits and encouraged app downloads at Spanish Language Civic Leadership Academy, Spring Parade, Downtown Festival – Art ala Carte, National Night Out, and Thursday Night Lives. Palo Alto: The city’s Emergency Services conducts an emergency preparedness workshop every year. Santa Clara: The city handed out Valley Water’s emergency preparedness starter kits at various community events requesting that residents complete an emergency plan with their family. CAL OP #35. Post Family Emergency Plan template form on website http://www.redcross.org/images/MEDIA_CustomProductCat alog/m12140360_ARC_Family_Disaster_Plan_Template_r08 3012.pdf?campmedium=internal_link_download&campname =family_disaster_plan_english or http://www.californiavolunteers.org/familyplan/pdf/family_ plan.pdf (Element 352 WEB1 and 2) Valley Water: Templates for Family Emergency Plan are posted on Valley Water’s website in the FPM under “What to Do Before” section. https://www.valleywater.org/floodready/flood‐safety‐tips re‐directing to https://www.ready.gov/make‐a‐plan Additionally, hard copies of FEMA’s Family Emergency Plan template were included in the emergency preparedness starter kits handed out by Valley Water and/or cities’ staff at several emergency preparedness events held throughout the county. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 18 of 34 2 3 4 ATTACHMENT NO. 1 Los Altos: In collaboration with SCC Fire, the city provides a once a month a 3‐Hour Personal Emergency Preparedness Class, free of charge. City website posting of “Calling on Los Altos to be Disaster Prepared” provides a link to sign up for this class. The city’s website page encourages families to plan communication before flooding/emergencies and includes link to FEMA communication plan steps and template. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to go for workshops/classes. http://www.ci.milpitas.ca.gov/milpitas/departments/fire/office‐of‐ emergency‐services/ Morgan Hill: The city’s Emergency Preparedness webpage has a link to the Department of Homeland Security’s Ready.gov website which contains a fillable family emergency communication plan. Emergency preparedness starter kits handed out at city events also included a copy of FEMA’s Family Emergency Plan template. Mountain View: On the city’s website. Palo Alto: Family emergency plan templates are posted on the city’s website. Santa Clara: The city’s website has family emergency preparedness instructions and links to family emergency plan template on FEMA, CDC, and DHS websites. Sunnyvale: The city promotes “developing a family emergency plan” on website: https://sunnyvale.ca.gov/property/floodprotection/default.htm It redirects to Ready.gov. CAL OP#36. Include message “What to Do….Before – Prepare a Family Emergency Plan….” in Valley Water’s CWM Valley Water Communications City representatives October – March All Valley Water: Prepare a Family Emergency Plan message was included in Valley Water’s annual FPM and CWM. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to go for workshops/classes. In February and June 2019, the city mailed out “2018‐ 2019 Public Advisory” informational SFHA brochure which includes emergency preparation messaging and contact to all addresses in the city. Morgan Hill: The city’s citywide flood newsletter and weekly newsletters/ e‐mail blasts included this message during the months of September 2018 and December 2018. The city’s Emergency Preparedness webpage has a link to the Department of Homeland Security’s Ready.gov website that contains this message. Mountain View: On the city’s website. Santa Clara: The city’s “Inside Santa Clara” newsletter includes preparing a family emergency plan and promotes Valley Water’s Flood Ready webpage. Community At Large (CAL) The PPI Committee recognized that the Topic 7: Develop a Family Emergency Plan Messages: Be prepared for flood and other disasters Increase in Family Emergency Plan and less stress during emergencies CAL OP #37. Post message “What to Do…Before – Prepare a Family Emergency Plan….” on website (Element 352 WEB1 and 2) Valley Water Communications City representatives All Valley Water: FPM posted on the Valley Water’s website: http://apps2.valleywater.org/publication/flipbook/809_FloodMailer2018/ mobile/index.html Additional tips also listed on website: https://www.valleywater.org/floodready/flood‐safety‐tips Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 19 of 34 2 3 4 ATTACHMENT NO. 1 entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. More people know what to do in an emergency Los Altos: City website page encourages families to plan communication before flooding/ emergencies and includes link to FEMA communication plan steps and template. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to go for workshops/classes. http://www.ci.milpitas.ca.gov/milpitas/departments/fire/office‐of‐ emergency‐services/ In February and June 2019, the city mailed out “2018‐ 2019 Public Advisory” informational SFHA brochure which includes emergency preparation messaging and contact to all addresses in the city. Morgan Hill: The city’s citywide flood newsletter and weekly newsletters/ e‐mail blasts with this message were posted on the city’s website. Mountain View: On the city’s website. Palo Alto: Messages on what to do before emergency and on preparing a family emergency plan are posted on the city’s Flood Information/Winter Preparedness website. Santa Clara: The city’s website has messages to promote family emergency plan. The “Inside Santa Clara” newsletter also has family emergency plan and the newsletter is also posted on city website. http://santaclaraca.gov/government/departments/fire/divisions/fire‐ prevention‐hazardous‐materials‐division/family‐emergency‐preparedness http://santaclaraca.gov/government/departments/fire/emergency‐ preparedness CAL OP#38. Promote the official site of the NFIP Floodsmart.gov for flood preparation and recovery messages Valley Water Communications City CRS Coordinator and Communications staff All Valley Water: Federal Flood Insurance Program (Floodsmart.gov) information linked on Valley Water’s Flood Ready, Flood Protection Resources landing page website. Annual FPM and CWM also include Valley Water’s Flood Ready landing page which promotes Floodsmart.gov. Los Altos: The NFIP information and web link are posted on the city’s website. Milpitas: In February and June 2019, the city mailed out “2018‐2019 Public Advisory” informational SFHA brochure which promotes the Floodsmart.gov website. Morgan Hill: The city’s citywide flood newsletter and city’s Flood Information webpage included a link to Floodsmart.gov. Mountain View: On city’s website. Palo Alto: Information on Floodsmart.gov is on city’s utility insert. Santa Clara: City’s “Inside Santa Clara” newsletter promotes Floodsmart.gov website. Sunnyvale: City’s posts this on website: https://sunnyvale.ca.gov/property/floodprotection/flood.htm CAL OP #39. Post message “NFIP Floodsmart.gov Flood Preparation and Recovery….” on website https://www.floodsmart.gov/floodsmart/pages/preparation _recovery/before_a_flood.jsp (Element 352 WEB1 and 2) Valley Water Communications City CRS Coordinator and Communications staff All Valley Water: Federal Flood Insurance Program (Floodsmart.gov) posted on Valley Water’s website directing audience to Floodsmart.gov website. https://www.valleywater.org/floodready/flood‐insurance Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 20 of 34 2 3 4 ATTACHMENT NO. 1 Los Altos: The NFIP information and web link are posted on the city’s website. Milpitas: The city’s citywide informational “SFHA brochure” posted on city website with link to the Floodsmart.gov website. Palo Alto: Information on Floodsmart.gov is posted on city’s Flood Information/Winter Preparedness website. Santa Clara: The city’s website promotes Floodsmart.gov. Topics 1, 3, & 4 Messages: Protect people and property from flood hazards Less damage due to the floods; improve sandbag distribution CAL OP #40. Sandbags available at various sites throughout county Valley Water Vegetation Unit City of Palo Alto Public Works November through April All County residents Community organizations (SF Creek JPA, Boys Scouts, etc.) All Valley Water: Published SC County map of sandbag locations in “Prepare for Winter Storms – Are You Flood Ready? Be FloodSafe with sandbags” flyer, annual FPM and CWM. Gilroy: The city has various sandbag sites located throughout the city. Los Altos: The city prepares sandbag station(s) for complimentary sandbags. Milpitas: The city has two (2) sandbag stations offering complimentary sandbags. http://www.ci.milpitas.ca.gov/milpitas‐sandbag‐stations/ Morgan Hill: The city’s December 2, 2018 weekly newsletter/e‐mail blast had Storm Safety and Preparedness tips which included information on the locations of sandbag stations. The city’s citywide flood newsletter also included this information. Mountain View: Sandbags available at city’s Municipal Operations Center; how to links on website. Palo Alto: The city and Valley Water have various sandbag site locations throughout the city. Santa Clara: The city provides sandbags at city’s Corporation Yard. Sunnyvale: The city has sandbags available at the city’s Corporation Yard. CAL OP #41. Post sandbag information on website, including How to Use Sandbags, sandbag webcams to view availability, etc. (Element 352 WEB1 and 2) Valley Water Communications Year‐Round Valley Water: Sandbag distribution sites map/flyer “Prepare for Winter Storms – Are You Flood Ready? Be FloodSafe with sandbags”, webcams for certain sandbag sites, and sandbagging techniques video for correct positioning and tips are posted on Valley Water’s website. https://www.valleywater.org/floodready/sandbags Gilroy: City posts sandbag information using social media. Los Altos: The city provides information on website on how to prepare for storms and emergencies (e.g. How to get and use free sandbags, tree maintenance, disposal of leaf litter, debris removal, preparing an emergency kit). Milpitas: Sandbag station locations posted on city website and referral bulletin on KMLP‐15. http://www.ci.milpitas.ca.gov/milpitas‐sandbag‐stations/ Morgan Hill: The city’s December 2, 2018 weekly newsletter/e‐mail blast and citywide flood newsletter with information on the locations of sandbag stations were posted in the city’s website. Sandbag information was also posted on the city’s Floodplain Management webpage. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 21 of 34 2 3 4 ATTACHMENT NO. 1 Mountain View: How to links and locations available on city’s website. Palo Alto: Information on sandbag locations is posted on the city’s Flood Information/Winter Preparedness website. Santa Clara: City’s website has sandbag information. Sunnyvale: City’s website has sandbag information: https://sunnyvale.ca.gov/news/displaynews.htm?NewsID=310&TargetID=1 ,49 https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=26066 Topics 1 & 9: Know your flood hazard; Understand shallow flooding risks Messages: Drive slowly; Avoid shallow moving water; 2 ft. water moves vehicles; FEMA’s message: “Turn Around Don't Drown®.” Fewer accidents and rescues CAL OP #42. Permanent street signage (2 signs/City/year); each City will determine best location for signage and will install them. “Subject to Flooding” (Cities to coordinate common standard message design) Cities PWD County Planning Gilroy Chamber of Commerce Year‐Round FEMA Caltrans Gilroy Chamber of Commerce American Red Cross Residents and people who work in county All Palo Alto: City installed two signs. Sunnyvale: City has installed “Road May Flood” to flood prone areas. CAL OP#43. Include message “What to Do….After – Turn Around Don’t Drown®….” in Valley Water’s CWM Valley Water Communications City representatives All Valley Water: Messages were included in Valley Water’s annual FPM and “Prepare for Winter Storms – Are You Flood Ready? Be FloodSafe with sandbags” flyer. Los Altos: City’s SFHA mailer brochure posted on website warns not to attempt to drive or wade through deep pockets of water or running water. Milpitas: The city’s citywide informational “SFHA brochure” included this message. Morgan Hill: The city's citywide flood newsletter included this message. Palo Alto: Message “What to do after storm and turn around don’t drown” is on city’s utility insert. Santa Clara: City’s “Inside Santa Clara” newsletter has this message. CAL OP #44. Post message “What to Do…. After – Turn Around Don’t Drown®….” on website (Element 352 WEB1 and 2) Valley Water Communications City representatives Valley Water: Messages include in FPM and posted on Valley Water’s website. Milpitas: City’s citywide informational “SFHA brochure” included this message and is on city’s website. Morgan Hill: The city's citywide flood newsletter was posted on the city’s Floodplain Management webpage. Palo Alto: City’s utility insert is posted on city’s Flood Information website. Santa Clara: The city’s “Inside Santa Clara” newsletter is posted on city website. CAL OP #45. Post shallow flooding risks information on websites (Element 352 WEB1 and 2) Valley Water Communications Cities Communications All Valley Water: Risk of driving through standing water is included in FPM which is posted on Valley Water’s website, and in flood safety tips listed on Valley Water’s website. http://apps2.valleywater.org/publication/flipbook/809_FloodMailer2018/ mobile/index.html https://www.valleywater.org/floodready/flood‐safety‐tips Milpitas: City has a “Know your flood risk” webpage where the public can look up various flooding risks throughout the city. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 22 of 34 2 3 4 ATTACHMENT NO. 1 Palo Alto: Information on shallow flooding risks are posted city’s Flood Information website. Santa Clara: City posts shallow water hazard message posted to city’s Twitter account. CAL OP #46. Promote City’s online “Flood Zone Lookup” tool on Website (Element 352 WEB1 and 2) City of Palo Alto Public Works City of Palo Alto Valley Water: Promotes FEMA’s Flood Map Service Center on our website and is included in FPM which is also posted on Valley Water’s website. https://www.valleywater.org/floodready/is‐your‐home‐in‐a‐flood‐zone http://apps2.valleywater.org/publication/flipbook/809_FloodMailer2018/ mobile/index.html Milpitas: City has a “Know your flood risk” webpage where the public can look up various flooding risks throughout the city. http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/know‐your‐hazard/ Mountain View: Link to floodsmart.gov on city’s website. Palo Alto: Information on city’s Flood Zone Look Up is available both on utility insert and city’s Flood Information website. Santa Clara: City’s website has online flood zone lookup tool on maps.santaclaraca.gov. Sunnyvale: On city’s GIS website: http://gis.sunnyvale.ca.gov/portal/apps/webappviewer/index.html?id=422 b694ef33a41138ad3305b2a65cb11 Community At Large (CAL) The PPI Committee recognized that the entire community that lives and/or works in Santa Clara County is subject to impacts due to flooding. The CRS typically focuses on residential flooding, but here, flooding of businesses and roads is also very important. Topics 1, 2, 3, 4, 5, 6, 7, 8, & 9 Message: Know your flood risk and be prepared; buy flood insurance Educate our community on flood protection and preparedness measures Increase in ‘hits’ on Valley Water and cities Flood Protection Resources pages and improve Valley Water’s Flood Awareness Campaign results CAL OP #47. Flood Awareness Campaign, including radio and bus ads. For this year, we are preparing to have radio ads ready to place, but we’ll only place them if/when there are major storm systems in the forecast Valley Water Communications Cities Communications October‐April FEMA Radio Stations Valley Transportation Authority American Red Cross All Valley Water: The theme for the 2018‐19 flood awareness campaign was “Climate Changed.” It launched shortly after the Fourth National Climate Assessment was published. The federal report assessed intense extreme weather and climate‐related events are becoming more frequent and will have catastrophic impacts on vulnerable communities, infrastructure, ecosystems and our economy. Extreme storm events could result in more frequent and severe flooding in our region. Valley Water’s message emphasized our commitment to reducing flood risks and protecting the community but acknowledging we cannot eliminate all risks. Thus, we must adapt and we must prepare. And it starts with being informed and aware of risks. Community outreach efforts were supplemented by an educational paid advertising campaign. This year, our advertising campaign was supplemented by a series of formative research to truly understand our target audience, its level of awareness, and explore what educational messages and images most appealed to the group. The overall campaign cost was approximately $335,000 which included creative and production costs, a media buy of $201,000, the floodplain mailer production and distribution costs of $32,000 and a post‐campaign survey. The flood awareness paid advertisement campaign ran over a 5‐month period from mid‐November 2018 to mid‐April 2019. The total cost of the paid advertisement campaign was $201,355. The paid media campaign served a total of 34,808,684 impressions, up from impressions in 2018 at 21,815,542. Gilroy: Emergency Radio Station AM1610. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 23 of 34 2 3 4 ATTACHMENT NO. 1 Los Altos: Outreach materials were displayed at City Hall front counter and Library. An ad article titled "Flood Insurance Information Available" was published four times in the Los Altos Town Crier, providing Flood Awareness information and promoting flood insurance. City’s website encourages emergency planning. The city’s website promotes Community Emergency Response Team (CERT) academy training, which is hosted by Police Department for residents. The city’s website also promotes the activities of the Los Altos PREPARE program by the Los Altos Community Foundation and training of Block Action Team Leaders for emergency preparedness, response, and recovery. The city provides information on its website on how to prepare for storms and emergencies (e.g. How to get and use free sandbags, tree maintenance, dispose of leaf litter, debris removal, prepare an emergency kit). The city provides contact & after‐ hours number on city’s website for reporting storm‐related hazards. The city’s weekly newsletter email included 20 issues with content on flood information, insurance, and/or emergency preparations. Morgan Hill: City’s Floodplain Management webpage included a link to Valley Water’s Flooding & Safety webpage. Mountain View: The city issued Red Cross Month Proclamation for March 2019. Palo Alto: The city’s Emergency Services promotes campaign on hazards including flood awareness. CAL OP #48. Post Flood Awareness Campaign elements on Valley Water Year‐Round Facebook, Twitter,All Valley Water: Advertising Campaign ‐The paid advertisements began in Valley Water website (Element 352 WEB1 and 2)Communications Google+, LinkedIn, mid‐November 2018 and ran through April 2019. In preparation for the Cities Communications Instagram, etc. campaign, as early as September 2018, Office of Communications staff led social media and digital communication efforts to convey flood safety messages including the use of Facebook, Twitter and blog posts, as well as Valley Water’s e‐newsletter. A key strategy of the paid campaign was to incorporate key PPI messages in our ads as much as possible. These messages were derived from Valley Water’s annual Flood Plain Notification mailer, a publication distributed to residents in FEMA designated floodplains. https://valleywaternews.org/ https://www.valleywater.org/news‐events/news‐releases/water‐district‐ picks‐national‐award‐flood‐safety‐mailer https://valleywaternews.org/2018/10/20/flood‐preparedness‐week‐is‐oct‐ 20‐26/ https://valleywaternews.org/2018/11/27/climate‐changed‐district‐ launches‐flood‐awareness‐campaign/ https://valleywaternews.org/2018/07/25/water‐district‐picks‐up‐national‐ award‐for‐flood‐safety‐mailer/ https://valleywaternews.org/2017/12/07/new‐law‐requires‐landlords‐to‐ disclose‐flood‐hazards/ Palo Alto: Flood Awareness Campaign is on city’s Facebook, Twitter, etc. CAL OP #49. Post Flood Awareness Campaign information on Valley Water Year‐Round Valley Water: Several elements of the Valley Water’s Flood Awareness websites (Element 352 WEB1 and 2)Communications Campaign are promoted throughout the website, for example radio spots, Cities Communications ads., flood safety tips, etc. (Also see CAL OP #48) Los Altos: The city’s website encourages emergency planning. The city’s website promotes Community Emergency Response Team (CERT) academy training, which is hosted by the police department for residents. The city’s website also promotes the activities of the Los Altos PREPARE program by the Los Altos Community Foundation and training of Block Action Team Leaders for emergency preparedness, response, and recovery. The city Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 24 of 34 2 3 4 ATTACHMENT NO. 1 provides information on its website on how to prepare for storms and emergencies (e.g. How to get and use free sandbags, tree maintenance, dispose of leaf litter, debris removal, prepare an emergency kit). City of Los Altos provides contact & after‐hours number on city website for reporting storm‐related hazards. The city’s weekly newsletter email included 20 issues with content on flood information, insurance, and/or emergency preparations. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for flood emergencies and where to go for workshops/classes. The site also has a link to Valley Water’s webpage. http://www.ci.milpitas.ca.gov/milpitas/departments/fire/office‐of‐ emergency‐services/ Mountain View: On city’s website. Palo Alto: Link to flood messages on social media is also provided on city’s Flood Information webpage. Santa Clara: The city has Flood Awareness material set out at City Hall and city library. CAL OP 50. Distribute flood prevention materials at fairs Fair Sponsors Valley Water: Staff made a concerted effort to actively participate in community events, including community festivals and emergency preparedness affairs, particularly in communities and neighborhoods in or close to flood zones. In 2018, both Valley Water and City staff participated in 19 community events during which information on flood safety and emergency preparedness materials (including the floodplain mailer) were shared. Los Altos: Outreach materials distributed to the public and emergency preparedness volunteers at the December 2018 City of Los Altos Emergency Preparedness Inspiration session (public information/discussion). Flood emergency readiness starter kits distributed to public during the December 2018 City of Los Altos Emergency Preparedness Inspiration session. Milpitas: The city distributed Family Emergency Starter Kits and other flood prevention collateral materials at multiple city‐sponsored events. Morgan Hill: The city handed out emergency preparedness starter kits at the August 30, 2018 Summer Fun in the Park and at the July 17, 2018 13th Annual Youth Leadership Morgan Hill (YLMH) workshop. Palo Alto: The city distributed Water Valley Water’s emergency preparedness starter kits on Earth Day and at the City of Palo Alto MSC Fair. Santa Clara: The city distributed flood emergency preparedness starter kits at Art & Wine Festival in September 2018 and another community event. Sunnyvale: The city distributed family emergency preparedness starter kits at Farmer’s Market events. CAL OP #51. Social Media Messaging (such as Facebook, Twitter, LinkedIn, Instagram, etc.) Fair Sponsors Residents who share posts Valley Water: See above‐noted response to CAL OP #47, #48, and #49. Gilroy: The city uses social media to post flood awareness campaign information. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 25 of 34 2 3 4 ATTACHMENT NO. 1 Facebook, Twitter, Google, LinkedIn, Instagram, etc. Los Altos: The city and the Los Altos Police social media posted 20 messages about flooding or emergency preparation in FY 18‐19. The city’s social media messaging encouraged download of the AlertSCC app and promoted several emergency training programs and drills. Palo Alto: Public Safety Social Media link is posted on the city’s utility insert. Santa Clara: The city posted social media message with topics on protect people and property from the hazard (Topics 3 & 4). Sunnyvale: The city posted information about flood insurance on Facebook – January 2019. CAL OP #52. Post social media messages on websites (Element 352 WEB1 and 2) Valley Water: See above‐noted response to CAL OP #47, #48, and #49. Gilroy: The city’s website posts flood awareness campaign information. Los Altos: The city and Los Altos Police social media posted 20 messages about flooding or emergency preparation in FY 18‐19. The Los Altos social media messaging encouraged download of the AlertSCC app and promoted several emergency training programs and drills. Palo Alto: Link to social media messages for city are provided on Flood Information webpage. Santa Clara: Posted the message posted on city website. CAL OP #53. Staffing booths at fairs Valley Water Communications Cities Communications Year‐Round Fair Sponsor Residents who attend booths All Valley Water: See above‐noted response to CAL OP #50. Valley Water attended various city sponsored events and distributed collateral materials related to flood prevention Los Altos: Outreach materials distributed to the public and emergency preparedness volunteers at the December 2018 City of Los Altos Emergency Preparedness Inspiration session (public information/discussion). Flood emergency readiness starter kits distributed to public during the December 2018 City of Los Altos Emergency Preparedness Inspiration session. Milpitas: The city distributed Family Emergency Starter Kits and other flood prevention collateral materials at the May 19‐25, 2019 American Public Works Association – Public Works Week Milpitas Event. Palo Alto: The city distributed Winter Preparedness flyers and family emergency starter kits at Earth Day Fair and at the City of Palo Alto MSC Fair. Santa Clara: The city has a Department of Public Works booth at Art & Wine Festival to distribute flood prevention materials. Sunnyvale: City staff distributed emergency preparedness starter kits at Farmer’s market events. Special Flood Hazard Area (SFHA) Communities Topics 4 & 6 Message: Keep debris and trash out of our streams. It’s illegal to dump into streams Cleaner streams and fewer dumping violations SFHA OP #1. “Do Not Dump” message is sent each year to all SFHA residents county‐wide in Valley Water’s annual Floodplain Mailer (FPM) (target outreach – 6 points per topic) Valley Water Communications October/ November 2015 annually FEMA SCVURPPP All Valley Water: The annual FPM includes message of “Keep Creeks Clean and Flowing.” Gilroy: The city has communicated “NO DUMP” messages through utility inserts, mail‐outs, community events, and website posting. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 26 of 34 2 3 4 ATTACHMENT NO. 1 The PPI Committee Los Altos: The city’s annual mailer and brochure provide information identified several regarding flood program with an emphasis on “Do Not Dump” message. geographic areas that are The city also communicates “Do Not Dump” message through litter mailer particularly prone to sent to property owners in the city’s Trash Management Area 1, which is flooding. characterized by higher trash level. Milpitas: In February and June 2019, the city mailed out “2018‐2019 Public Advisory” informational SFHA brochure which includes Do Not Dump messaging to all addresses in the city. Morgan Hill: The city's citywide flood newsletter included this message. Palo Alto: “Do not Dump” message is posted on city’s utility insert. Santa Clara: City’s “Inside Santa Clara” newsletter includes DO NOT DUMP message. Less flooding damage SFHA OP #2. Post Floodplain Mailer on website (Element 352 Valley Water Year‐Round All Valley Water: FPM posted on Valley Water websites. due to debris build‐ WEB1 and 2) Communications up Gilroy: City has posted flood and NPDES related messages on the city website. Los Altos: City has posted the SFHA mailer and brochure on the city website. Milpitas: City posts “2018‐2019 Public Advisory” informational SFHA brochure on city website which include Do Not Dump messaging:http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ Morgan Hill: City's citywide flood newsletter was posted on the city’s Floodplain Management webpage. Mountain View: On city’s website. Palo Alto: Winter Storm Preparedness Utility Insert is posted on city’s website. Santa Clara: City’s “Inside Santa Clara” newsletter is posted on city website. DO NOT DUMP message is also on another city webpage. Topics 3 & 5 Message: Protect your family and property from flooding Educate our community on flood protection and preparedness measures SFHA OP #3. “What to Do – Protect Your Family and Property from Flooding” message is sent each year to all SFHA residents in the Valley Water’s annual FPM October ‐ November All Valley Water: Annual FPM included message of protecting your family against floods. Gilroy: City held Public Works Day event and handout Valley Water emergency preparedness starter kits, and flood related and NPDES related materials and brochures. Los Altos: City sent mailers to property owners in SFHAs in February 2019 which included a letter and flood hazard information brochure. Milpitas: City’s citywide informational “SFHA brochure” included this message. Morgan Hill: City's citywide flood newsletter included this message. Mountain View: Sent in city’s “The View” newsletter, Fall 2018. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 27 of 34 2 3 4 ATTACHMENT NO. 1 Palo Alto: Flood messages on utility insert are sent to city’s residents every year. Santa Clara: City’s “Inside Santa Clara” newsletter incudes message about protecting property and family. Special Flood Hazard Area (SFHA) Communities The PPI Committee identified several geographic areas that are particularly prone to flooding. Reduce number of claims SFHA OP #4. Post Floodplain Mailer on website (Element 352 WEB1 and 2) Year‐Round Valley Water: FPM posted on Valley Water website. Gilroy: City has posted flood and NPDES related messages on the city website. Los Altos: City has posted the SFHA mailer and brochure on the city website. Milpitas: City’s citywide informational “SFHA brochure” included this message and posted on city website. Morgan Hill: City's citywide flood newsletter was posted on the city’s Floodplain Management webpage. Mountain View: On city’s website. Palo Alto: Utility bill insert is posted on city’s Flood Information/Winter Preparedness website. Santa Clara: City’s “Inside Santa Clara” newsletter is posted on city website. SFHA OP #5. Maintain the ALERTSCC System Valley Water Communications City of Palo Alto CRS Coordinator Cities CRS Coordinators Year‐Round peaks time October ‐ April County of Santa Clara All Valley Water: ALERTSCC emergency notification system is maintained by Santa Clara County. Valley Water advertised the resource in our annual FPM and is also on our website: https://www.valleywater.org/flooding‐ safety/flood‐protection‐resources/sign‐up‐for‐emergency‐alerts. Gilroy: The city promotes Alert SCC System on the city website. Milpitas: The city’s Fire Department’s Office of Emergency Services offers instructions on how to prepare for emergencies and where to get specific services. http://www.ci.milpitas.ca.gov/milpitas/departments/fire/office‐ of‐emergency‐services/ Palo Alto: Information on Alert SCC and real time creek water surface elevation is posted on city’s utility bill insert. Sunnyvale: The city’s Public Safety Department’s Office of Emergency Services provides training, support and services to ensure the city is prepared to respond to and recover from the effects of major emergencies. Keep families safe SFHA OP #6. ALERT System – Post real‐time gauge information on website so users can see current water levels, and where available, flood height predictions (Element 352 WEB3) Valley Water: All Alert System Real Time Data is available on Valley Water’s website. https://www.valleywater.org/floodready Valley Water’s Alert System (gauge monitoring site) was maintained and updated to produce a mobile friendly site. Additionally, Valley Water Flood Watch, map‐based flood watch tool is available on website. http://alert.valleywater.org/ https://gis.valleywater.org/SCVWDFloodWatch/ Gilroy: City posts Alert SCC link on the city website. Milpitas: City has a “Know your flood risk” webpage where the public can look up various flooding risks throughout the city. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 28 of 34 2 3 4 ATTACHMENT NO. 1 http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/know‐your‐hazard/ Morgan Hill: City’s Floodplain Management webpage included a link to the Valley Water’s website with ALERT System Real‐Time Data. Palo Alto: Information on real time creek water surface elevation is posted on city’s website. Santa Clara: City’s website has a link to Valley Water’s ALERT system real time data. SFHA OP #7. Post cards sent to floodplain residents; this is in City of San José Need dates from FEMA City of San José Milpitas: In February and June 2019, city mailed out “2018‐2019 Public addition to the Valley Water’s Annual FPM. City of Sunnyvale City of Sunnyvale CRS communities Lenders City of Sunnyvale Advisory” informational SFHA brochure which includes flood preparedness sends out postcards annually that includes a link to flood Coordinator Real Estate Brokers City of Gilroy messaging to all addresses in the city. insurance agent referrals. City of Gilroy Silicon Valley Realtors County of Santa County of Santa Clara Association Clara Sunnyvale: City sends postcards to residents in the city’s floodplain. SFHA OP #8. Post postcards on website (Element 352 WEB1 City of Sunnyvale CRS Sunnyvale Milpitas: City posts “2018‐2019 Public Advisory” informational SFHA and 2) Coordinator brochure on city website: City of Milpitas citywide residential newsletter “Connected” editions in May 2018 with “be prepared; buy flood insurance” messages are posted on city website. In February 2019, the city mailed out citywide informational “SFHA brochure” (to all residences and businesses) that also included this message and is posted to the city’s website. Another mailer went out this fiscal Year, in June 2019. http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/. Sunnyvale: The city posts flood insurance information on its website, which mirrors the postcard. https://sunnyvale.ca.gov/property/floodprotection/flood.htm SFHA OP# 9. City of Sunnyvale sends out postcards annually Sunnyvale CRS Sunnyvale Sunnyvale: City sends out postcards annually to offer flood insurance. that offers flood protection assistance site visits.Coordinator SFHA OP #10. Post postcards that offers flood protection Sunnyvale: Flood insurance information is posted to the city’s website: assistance site visits on website (Element 352 WEB1 and 2) https://sunnyvale.ca.gov/property/floodprotection/flood.htm SHA OP #11. Inserts into Valley Water’s Education Outreach Valley Water Year‐Round Schools All Valley Water: Several of Valley Water’s Education Outreach Program Program material Communications Students/Parents (Water Education Outreach) materials are made available at various preparedness fairs/events. Valley Water’s Education Outreach Program provides services countywide. Valley Water’s Education Outreach Program promoted emergency/flood preparedness. An “Are You Flood Ready” coloring contest was successfully launched throughout several elementary schools in the county. The Education Outreach Program invited over 4,000 students to participate in Valley Water’s “Are You Flood Ready?” flood awareness coloring contest. Over 350 entries were received from 16 different schools. Winning entries were selected to represent each of Valley Water’s seven board members’ districts and prizes were awarded. The coloring contest entry sheets were then decoupaged into an artwork display that was exhibited in Valley Water’s headquarters lobby starting during the 2018 CFPW October 20‐26, 2018 and running through the end of the flood season in April 2019. SFHA OP #12. Post School Outreach Program materials on Valley Water Year‐Round All Valley Water: Education Outreach Program materials are posted on our website (Element 352 WEB1) Communications Learning Center for teachers & students landing page at: https://www.valleywater.org/learning‐center/for‐teachers‐students Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 29 of 34 2 3 4 ATTACHMENT NO. 1 Topics 1, 2, 3, 4, 5, 6, 7, 8, & 9 Message: Know your flood risk and be prepared; buy flood insurance Increase in the number of inquiries for purchasing flood insurance SFHA OP #13. “Do You Need Flood Insurance” message is sent each year to all SFHA residents in the Valley Water’s annual FPM Valley Water Communications October/ November 2015 Lenders Real Estate Brokers Flood insurance customers All Valley Water: Annual FPM includes message of flood insurance and the National Flood Insurance Program, Floodsmart.gov. This message is also in our CWM and “Prepare for Winter Storms – Are You Flood Ready? Be FloodSafe with sandbags” flyer. Los Altos: The city’s annual mailer and brochure provide information regarding flood program and flood insurance requirements. Milpitas: The city’s citywide residential newsletter “Connected” edition in May 2018 mailed with “be prepared; buy flood insurance” messages. In February and June 2019, the city mailed out “2018‐2019 Public Advisory” informational SFHA brochure which includes flood preparedness messaging to all addresses in the city. Morgan Hill: The city's citywide flood newsletter included “Insure Your Property” message. Palo Alto: Aside from Valley Water sending messages, the city also sends letters to lenders and real estate brokers every year and “Do You Need Flood Insurance?” message is included in the city’s Utility Bill Insert. Santa Clara: The city’s “Inside Santa Clara” Fall 2018 newsletter includes the message “Insure your Property for Flood” and is sent to all addresses in the city. Topics 1, 2, 3, 4, 5, and 7 Message: Flood Insurance will cover damage from flooding that most homeowner’s policies don’t’ covers. Standard homeowner or commercial policies will not cover damage to structures or contents caused by natural flooding. Flood insurance is the only sure way to be reimbursed for some of your flood loses Increase in number of flood insurance policies in the SFHAs and in the county in general SFHA OP #14. Post Floodplain Mailer on website (Element 352 WEB1) Year‐Round Valley Water: The FPM is posted on the Valley Water’s website under the Flood Protection Resources landing page. http://apps2.valleywater.org/publication/flipbook/809_FloodMailer2018/ mobile/index.html Los Altos: The city has posted the SFHA mailer and brochure on the city website. Milpitas: The city posts the “2018‐2019 Public Advisory” informational SFHA brochure on the city’s website: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ Morgan Hill: The city’s citywide flood newsletter was posted on the city’s Floodplain Management webpage. Mountain View: CWM posted on city website. Palo Alto: City’s Utility Bill Insert includes all flood awareness messages which is posted on city website. City’s Flood Information/Winter Preparedness website has additional messages on flood awareness aside from the Utility Bill Insert. Santa Clara: City’s “Inside Santa Clara” newsletter is posted on city website. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 30 of 34 2 3 4 ATTACHMENT NO. 1 Special Flood Hazard Area Prospective buyers understand flood risks SFHA OP #15. Mail out mailer(s) regarding flood insurance and elevation certificates City of Milpitas CRS Coordinator City of Los Altos CRS Fall City of Milpitas City of Los Altos Los Altos: City sent mailers regarding flood insurance. Milpitas: In February and June 2019, the city mailed out “2018‐2019 Public (SFHA) Coordinator Advisory” informational SFHA brochure which includes elevation certificate Communities The PPI Committee identified several geographic areas that are Cities CRS Coordinators messaging to all addresses in the city. Information regarding elevation certificates are also posted on the city’s flood information page: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/insure‐your‐property/ particularly prone to flooding. Morgan Hill: City's citywide flood newsletter included information on insurance and elevation certificates. Palo Alto: Information on insurance and elevation certificate mailed to residents through city’s Utility Bill Insert. Santa Clara: City’s “Inside Santa Clara” Fall 2018 newsletter includes message on flood insurance and elevation certificates. SFHA OP #16. Post mailers on website (Element 352 WEB1) City of Milpitas Fall City of Milpitas Los Altos: City has posted the SFHA mailer and brochure on city website. Milpitas: City posts “2018‐2019 Public Advisory” informational SFHA brochure on city website: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ Morgan Hill: City's citywide flood newsletter was posted on the city’s Floodplain Management webpage. Palo Alto: Utility Bill Insert mailed is posted on city’s Flood Information website. Santa Clara: City’s “Inside Santa Clara” Fall 2018 newsletter is posted on city website. SFHA OP #17. Mailer (brochure published by insurance City of Sunnyvale Need dates from Lenders, real estate City of Sunnyvale Los Altos: City sends a one‐page newsletter mailer to lending institutions company) sent to all real estate agents and lenders (can be City of San Jose communities agents or boards,City of San Jose and real estate and insurance agents discussing the program, flood set out at City Hall) – requirement to purchase flood City of Palo Alto developers/contractors City of Palo Alto information and Elevation Certificate. City posts the newsletter to lending insurance and discount. and appraisers; institutions and real estate and insurance agents on the city website. organizations or NOTE: This item was previously numbered as SHFA OP#16b. agencies that serve Milpitas: City makes available literature regarding this messaging at public Re‐numbered to be consistent with 2015 PPI; does this present issue with any of the communities’ responses communities at risk for flooding include PG&E, counters at various satellite facilities. provided from SFHA OP#17 (previously #16b) ‐SFHA #22 American Red Cross, Morgan Hill: City mailed out a newsletter, “Ask Before You Buy: Know Your (previously #21). The numbering was incorrect in the table Community Emergency Flood Risk!” to local real estate agents which was to be provided to for Year 2, FY17 Annual Evaluation Report Response Teams (CERT), homebuyers to help determine the flood risk of the property being neighborhood purchased. associations, schools, churches, hospitals and Palo Alto: The city mails letter to lenders and real estate agents every year. museums. Sunnyvale: City provides information to real estate agents and sets out the information for pick‐up at City Hall. Topic 1: Know your flood hazard Increase in the SFHA OP #18. Presentation and training to realtors at Valley Water October ‐April Insurance companies All Not applicable this fiscal year. Message: A FIRMette is a full‐scale section of a FEMA number of inquiries Realtor’s Association Meetings and/or write‐up in realty Communications City Lenders Flood Insurance Rate Map (FIRM) that you create from prospective association newsletters representatives Brokers buyers asking about Alain Pinel Realtors Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 31 of 34 2 3 4 ATTACHMENT NO. 1 online. A FIRM indicates if property is in a Special the flood designation SFHA OP #19. Post training presentation on website Valley Water Year‐Round Alain Pinel Realtors and Not applicable this fiscal year. Hazard Flood Area of property (Element 352 WEB1) Communications City other realty companies representatives Residents who access FEMA Map Service Center Silicon Valley Realtors Association SFHA OP #20. Publicize FEMA’s Flood Map Service Center Valley Water Year‐Round FEMA All Valley Water: Publicized trough the Valley Water’s annual FPM sent to all website Communications Realtors parcels in the FEMA designated flood zone and our CWM sent countywide. City representatives Lenders Additionally, posted on Valley Water’s website. Brokers Residents who access Gilroy: City posts Floodplain Management Study. FEMA Map Service Center Los Altos: The FEMA Flood Map Service Center web link is posted on the city’s website. Milpitas: The city has a “Know your flood risk” webpage where the public can look up various flooding risks throughout the city. The flood information is based on FEMA data. Morgan Hill: The city has a link to FEMA’s Flood Map Service Center on the city’s Floodplain Management webpage. Palo Alto: FEMA’s Flood Map Center is posted on city’s Flood Information website. Santa Clara: City included FEMA’s Map Service Center website in “Inside Santa Clara” Fall 2018 newsletter. Special Flood Hazard Area SFHA OP #21. Post link to FEMAs Flood Map Service Center on website (https://msc.fema.gov/portal) (Element 352 WEB1) Valley Water: Posted on the Valley Water’s website Flood & Safety, Flood Protection Resources, “Is Your Home in a Floodzone?” landing page. https://www.valleywater.org/floodready/is‐your‐home‐in‐a‐flood‐zone (SFHA) Communities The PPI Committee Los Altos: The FEMA Flood Map Service Center web link is posted on the city’s website. identified several geographic areas that are particularly prone to flooding. Milpitas: The city has a “Know your flood risk” webpage where the public can look up various flooding risks throughout the city. http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/know‐your‐hazard/ Morgan Hill: The city has a link to FEMA’s Flood Map Service Center in the City’s Floodplain Management webpage. Mountain View: On city’s website. Palo Alto: Link to FEMA’s Flood Map Center is provided on city’s Flood Information website. Santa Clara: The city included FEMA’s Map Service Center on website in “Inside Santa Clara” Fall 2018 newsletter. Topics 3, 4, & 5 Increase in inquires SFHA OP #22. Annual letters mailed to repetitive loss City of San Jose Real Estate Agencies City of San Jose Los Altos: City does not have any repetitive loss properties. Message: Retrofit or elevate your home/building to on retrofitting properties and real estate agencies. Valley Water’s annual City of Palo Alto City of Palo Alto reduce future flood damage. Contact your local measures. Decrease FPM also includes a message regarding repairs or City of Sunnyvale City of Sunnyvale Morgan Hill: City sent out letters to repetitive loss parcels as required by planning department to determine what steps should the number of improvements greater than 50 percent of a structure’s value City of Morgan Hill City of Morgan Hill FEMA. be taken to protect your property. Contact Public repairs and need to meet NFIP requirements and the message that elevations without special permits are required. Mountain View: City does not have any repetitive loss properties. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 32 of 34 2 3 4 ATTACHMENT NO. 1 Works CRS Coordinator to find out if grant assistance is available permits. Increase number of repairs with permits Palo Alto: Annual letters are mailed by the city to repetitive properties and real estate agencies. Santa Clara: City does not have repetitive loss properties. Increase number of elevation certificates on file, and structures repaired with permits; decrease the number of repetitive loss increase homes Messengers to Other Target Audiences (TA) Lenders, real estate agencies or boards, developers/contractors and appraisers all serve as a messenger to people who are at risk of flooding as they provide their respective business service. In addition, organizations or agencies that serve communities at risk for flooding include PG&E, the American Red Cross, and Community Emergency Response Teams (CERT), neighborhood associations, schools, churches, hospitals and museums. Topics 1, 2, 3, 4, 5, 6, 7, 8, & 9 Message: Know your flood risk and be prepared; buy flood insurance Educate our community on flood protection and preparedness measures TA OP #1. Have American Red Cross include the topic offlood protection in their presentations. Have engineers accompany American Red Cross to community meetings (2/city/year) American Red Cross Year‐Round American Red Cross Neighborhood Associations Service Clubs (e.g. Notary, Kiwanas, etc.) Chamber of Commerce Silicon Valley Realtors Association American Red Cross Neighborhood Associations Service Clubs (e.g. Notary, Kiwanas, etc.) Chamber of Commerce Silicon Valley Realtors Association All Not applicable this fiscal year. (Due to limited resources at the Red Cross, they are unable to commit resources to assist in this proposed project at this time.) Topic 2: Insure your property for your flood hazard Message: Standard homeowner or commercial policies will not cover damage to structures or contents caused by natural flooding. Flood insurance is the only sure way to be reimbursed for some of your flood loses. A discount on your flood insurance premium is available. Flood insurance is also available for renters and commercial properties. There is a mandatory 30‐day waiting period for flood insurance to become effective Increase the number of real estate agents who will advise their clients that they are interested in a home that’s in a floodplain area TA OP #2. Post presentations on website (Element 352 WEB1) All City of Sunnyvale City of San Jose City of Palo Alto All City of Sunnyvale City of San Jose City of Palo Alto Valley Water: Has template available for cities to use. Palo Alto: Presentation of flood awareness during Earth Day is provided on city’s Flood Information website. Not applicable this fiscal year. Message: A discount is available. Flood insurance is also available for renters and commercial properties. There is a mandatory 30‐day waiting period for flood insurance to become effective TA OP #3. Annual mailer targeted towards real estate agents and lenders with this message City of Sunnyvale CRS Coordinator City of San Jose CRS Coordinators Cities CRS Coordinators Late Summer/ Fall City of Sunnyvale City of San Jose All Milpitas: In February and June 2019, City of Milpitas mailed out “2018‐ 2019 Public Advisory” informational SFHA brochure which included all business addresses in the city. Los Altos: The city sends a one‐page newsletter mailer to lending institutions and real estate and insurance agents discussing the program, flood information and Elevation Certificate. The city posts the newsletter to lending institutions and real estate and insurance agents in the city website. Palo Alto: Annual letters regarding flood insurance is sent to lenders and real estate agents every year by the city. Newsletter is also set out for pick‐up at City Hall. Sunnyvale: The city provides information to real estate agents and sets out the information for pick‐up at City Hall. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 33 of 34 2 3 4 ATTACHMENT NO. 1 TA OP #4. Post annual mailer targeted towards real estate Milpitas: The city posts “2018‐2019 Public Advisory” informational SFHA agents and lenders on website (Element 352 WEB1)brochure on city website: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ Palo Alto: Annual letters mailed to lenders and real estate agents is posted on city’s Flood Information website. Topics 1, 2, 3, 4, 5, 6, 7, 8, & 9 Improve SFHA TA OP #5. Include flood protection and preparedness All All Valley Water: Annual FPM and CMW are posted on our website. Message: Know your flood risk and be prepared; buy disclosure during real messages in newsletters of organizations or agencies that City of Sunnyvale City of Sunnyvale Additionally, all monthly news articles, including neighborhood work flood insurance estate process serve communities at risk for flooding; Valley Water and City City of San Jose City of San Jose notices are also posted on our website. Many of the news articles are staff would draft messages for insertion into newsletters City of Palo Alto City of Palo Alto shared on the web and Valley Water’s social media sites including through our Valley Water News blog, Twitter, Facebook, Nextdoor. Los Altos: The city’s weekly newsletter email included 20 issues with content on flood information, insurance, and/or emergency preparations. Milpitas: In February and June 2019, the city mailed out “2018‐2019 Public Advisory” informational SFHA brochure which included all business addresses in the city. Sunnyvale: The city’s Horizon Newsletter (Fall 2018) included flood protection and preparedness messaging. https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=25941. Additionally, the City Manager included information about the Flood Zone Program – Multi‐Jurisdictional Program for Public Information in his September 2018 “Update Sunnyvale” message to residents. Increase in number TA OP #6. Post newsletters on websites (Element 352 WEB1) Valley Water: Annual FPM and CMW are posted on our website. of policies in the Additionally, all monthly news articles, including neighborhood work SFHAs and in the notices are also posted: https://www.valleywater.org/news‐events/news‐ county in general releases https://www.valleywater.org/project‐updates/in‐your‐ neighborhood/neighborhood‐work‐notices Milpitas: City posts “2018‐2019 Public Advisory” informational SFHA brochure on city website: http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood‐ information/ Los Altos: The city’s weekly newsletter email included 20 issues with content on flood information, insurance, and/or emergency preparations. The email newsletter is also posted on the city website. Palo Alto: Utility bill insert is posted on city’s flood information website. Attachment A Appendix A. Santa Clara County 2015 Multi-Jurisdictional PPI - 2019 Annual Evaluation Report (Year 4) Project Accomplishments Worksheet Global Changes: District to Valley Water; emergency kit to emergency preparedness starter kits (these starter kits are NOT intended to replace comprehensive emergency kits; such should be communicated to public when being handed out); District’ Outreach Program to Valley Water Education Outreach Program; footnote #3 changed from “Each September” to “By each June” 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 –Protect people from the flood hazard; Topic 4 –Protect your property from the hazard; Topic 5 –Build responsibly; Topic 6 – Protect natural floodplain functions Flood Response Preparations (FRP): Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster electronic Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” CAL OP = Community At Large Outreach Projects; SFHA OP = Special Flood Hazard Area Communities Outreach Projects; TA OP = Target Audiences Outreach Project By each June, all deliverables need to be reported to Valley Water for tracking purposes. A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 34 of 34 2 3 4 ATTACHMENT NO. 1 TA OP#7. Countywide mailer to all residents –language on purchasing flood insurance Valley Water Communications All Valley Water: Mail out our annual FPM to all residents in FEMA designated flood zone. Additionally, the we send out an annual CWM that also contains this messaging. Milpitas: In February and June 2019, the city mailed out “2018‐2019 Public Advisory” informational SFHA brochure which includes flood insurance messaging to all addresses in the city. Educate our community on flood protection and preparedness measures TA OP# 8. Speaker’s Bureau of staff from CRS Communities to talk at events organized by various community groups. The goal is for each CRS Community to speak at a minimum of 2 events per year or more. City representatives Community Organizations October‐April All Valley Water: The below‐listed organizations (13) were reached by the Valley Water's Speakers Bureau Program in FY19. All general presentations include slides on the topic of flood protection, including CRS, ALERT system, flood insurance, and Valley Water’s ongoing flood protection projects. 1. June 13, 2018: Youth Commission (Countywide) [was not reported as part of FY18’s update] 2. July 10, 2018: Cypress Community Center (San Jose) 3. August 23, 2018: Kiwanis Club of Los Gatos 4. November 09, 2019: SPUR Urban Infrastructure Council (San Jose) 5. December 6, 2018: Los Altos Community Emergency Preparedness Volunteers 6. January 9, 2019: Almaden Senior Association (San Jose) 7. January 18, 2019: Kiwanis Club of San Jose 8. January 28, 2019: San Jose‐Silicon Valley Rotary 9. February 28, 2019: Gilroy Sons in Retirement 10. March 7, 2019: Almaden Rotary (San Jose) 11. March 20, 2019: Thousand Oaks Neighborhood Assn. (San Jose) 12. April 18, 2019: Hayes Neighborhood Association (San Jose) 13. April 29, 2019 Rotary Evergreen (San Jose) TA OP#9. Post Speaker’s Bureau presentation on website and/or share on social media. Valley Water: Does not post the PowerPoint Presentations on our website, nor is it posted on social media. However, if an organization requests an electronic/hard copy, it is provided. Information on Valley Water’s Speakers Bureau Program is available on our website: https://www.valleywater.org/learning‐center/lets‐talk‐water‐ speakers‐bureau References 1. Washington Multi‐Jurisdictional PPI 2. Snohomish County, City of Monroe, City of Sultan Multi‐Jurisdictional Program for Public Information 2013 3. Flood Futures Report Attachment A ATTACHMENT NO. 2 Agenda Santa Clara County CRS Users Group Meeting Monday, February 25, 2019 2:00 PM – 4:00 PM Santa Clara Valley Water District Administration Building | Conference Room B-108 5750 Almaden Expressway, San Jose, CA 95118 Directions: https://www.valleywater.org/directions-santa-clara-valley-water-district-offices Purpose: PPI Stakeholder Committee Annual Evaluation Meeting per Activity 330, Outreach Project, Element 332.c. Program for Public Information, Step 7 requirement (see excerpt at bottom of page) Desired Outcome: Gather communities’ input on how the PPI worked over the past year; plan and choose / confirm PPI messages 1. Introductions (be sure to complete the sign-in sheet) (All) a. interested parties 2. Recap – CRS Users Group Workshop – September, 2018 FMA Conference (Emily Zedler) 3. - Review of 2018 / 2019 Flood Awareness Campaign / Floodplain Notification - Presentations to Community Groups (Gina Adriano) 4. Santa Clara / Mountain View Audits Using Egnyte (Evelyn Liang / Gabrielle Abdon) 5. Distribution of Emergency Preparedness Starter Kits (Merna Leal) 6. Floodplain Management Planning (Activity 510) (Merna Leal / Leslie Stobbe) a. Milpitas Floodplain Management Plan 7. PPI Annual Evaluation Report for FY19 (Year 4) (All) a. Using PPI Annual Evaluation FY18 (Year 3), Appendix A Table, to populate FY19 data b. Communities to complete Appendix A Worksheet prior to meeting 8. Adjourn For questions, please contact Merna Leal at (408) 630-2610 or mleal@valleywater.org The call-in number and the passcode are in the Outlook meeting invite. Next Meeting: Mark Your Calendars – May 29, 2019 | Administration Building | conference room B-108 | 2:00 PM – 4:00 PM Purpose: Finalize PPI Annual Evaluation Report for FY19 (Year 4), which must be completed & presented to governing bodies prior to August 1, 2019 (annual recertification due date) Excerpt from 2017 CRS Coordinator’s Manual: “Step 7: Implement, monitor, and evaluate the program. The Program for Public Information committee meets at least annually to monitor the implementation of the outreach projects. The committee assesses whether the desired outcomes were achieved and what, if anything, should be changed. This work is described in an evaluation report that is prepared each year, sent to the governing body, and included in the annual recertification.” Attachment A ATTACHMENT NO. 3 ,,-: . Sign-In Sheet Santa Clara County CRS Users Group Meeting Monday, February 25, 2019 SCVWD - Administration Building - Conference Room B- 108 2:00 PM - 4:00 PM Attachment A Print Name . - , , , ·-.I --------------------------- Agenda Santa Clara County CRS Users Group Wednesday, May 29, 2019 2:00 PM – 4:00 PM Santa Clara Valley Water District Administration Building | Conference Room B-108 5750 Almaden Expressway, San Jose, CA 95118 Directions: https://www.valleywater.org/directions-santa-clara-valley-water-district-offices Purpose: PPI Stakeholder Committee Annual Evaluation Meeting per Activity 330, Outreach Project, Element 332.c. Program for Public Information, Step 7 requirement (see below-noted Excerpt) Desired Outcome: Gather communities’ input on how the PPI worked over the past year; plan and choose / confirm PPI messages 1. Introductions (be sure to complete the sign-in sheet to document communities’ required participation) (All) a. Interested Parties 2. Emergency Response Coordination Activity 510 – Floodplain Management Planning a. County Office of Emergency Services – Local Hazard Mitigation Plan b. Valley Water Local Hazard Mitigation Plan (Jacqueline Solomon, City of Mountain View) 3. Annual Evaluation Report for FY19 (Year 4) (All) a. Using Annual Evaluation FY18 (Year 3), Appendix A Table, to populate FY19 data b. Communities to complete Appendix A Worksheet Finalized document presented to governing bodies will be requested as part of annual recertification due 8/1/19 4. Adjourn For questions, please contact Merna Leal at (408) 630-2610 or mleal@valleywater.org Teleconference Access Code: # 1-877-336-1831 | Participant Code: 1615094# Next Meeting: Mark Your Calendars – TBD | Early 2020 Purpose: Discuss PPI Annual Evaluation Report for FY20 (Year 5), which must be completed before August 1, 2020 (annual recertification due date) and begin to review/discuss update due of the Santa Clara County Multi- Jurisdictional Program for Public Information 2015 (see below-noted Excerpt) Excerpt from 2017 CRS Coordinator’s Manual: “Step 7: Implement, monitor, and evaluate the program. The Program for Public Information committee meets at least annually to monitor the implementation of the outreach projects. The committee assesses whether the desired outcomes were achieved and what, if anything, should be changed. This work is described in an evaluation report that is prepared each year, sent to the governing body, and included in the annual recertification. The community must update its Program for Public Information at least every five years. This can be a new document or an addendum to the existing document that updates the needs assessment and all sections that should be changed based on evaluations of the projects. The Program for Public Information update will be reviewed for CRS credit according to the Coordinator’s Manual currently in effect, not the version used when the community originally requested this credit. The update can qualify as the annual evaluation report for the year it was prepared. The updated Program for Public Information must be adopted following the same process as adoption of the original document.” ATTACHMENT NO. 4 Attachment A Sign-In Sheet ATTACHMENT NO. 5 Santa Clara County CRS Users Group Meeting Wednesday, May 29, 2019 SCVWD - Administration Building - Conference Room B- 108 2:00 PM - 4:00 PM Attachment A Print Name