HomeMy WebLinkAbout2020-09-28 City Council Agenda PacketCity 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 ON THE CITY OF PALO ALTO’S WEBSITE.
Monday, September 28, 2020
Special Meeting
5:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available
online on the Thursday 11 days preceding the meeting.
****BY VIRTUAL TELECONFERENCE ONLY***
https://zoom.us/join Meeting ID: 362 027 238 Phone:1(669)900-6833
Pursuant to the provisions of California Governor’s Executive Order N-29-20,
issued on March 17, 2020, to prevent the spread of Covid-19, this meeting
will be held by virtual teleconference only, with no physical location. The
meeting will be broadcast on Cable TV Channel 26, live on YouTube at
https://www.youtube.com/c/cityofpaloalto, and Midpen Media Center at
https://midpenmedia.org. Members of the public who wish to participate by
computer or phone can find the instructions at the end of this agenda. To
ensure participation in a particular item, we suggest calling in or connecting
online 15 minutes before the item you wish to speak on.
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.
HEARINGS REQUIRED BY LAW
Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their
remarks and up to three minutes for concluding remarks after other members of the public have spoken.
Call to Order
Closed Session 5:00-6:30 PMPublic Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
1.CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Threatened Litigation by San Jose/Silicon Valley NAACP et al
Regarding Non-resident Access to Foothills Preserve
Authority: Potential Exposure to Litigation Under Government Code
Section 54956.9(d)(2) and (e)(5)
One Potential Case, as Defendant
REVISED
Public Comment
2 September 28, 2020
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE.
Study Session 6:30-7:30 PM
2.Update on City of Palo Alto's Race and Equity Work and Discussion of
Next Steps
Agenda Changes, Additions and Deletions
Oral Communications 7:30-8:00 PM
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of
Oral Communications period to 30 minutes.
Minutes Approval 8:00-8:05 PM
3.Approval of Action Minutes for the September 14, 2020 City Council
Meeting
Consent Calendar 8:05-8:10 PMItems will be voted on in one motion unless removed from the calendar by three Council Members.
4.Approval of Contract Number C21177400 With BKF Engineers for a
Maximum Not-to-Exceed Amount of $329,689 for Design and
Construction Support Services Related to Churchill Avenue and Alma
Street Railroad Crossing Safety Improvements, Capital Improvement
Project (PL-20000)
5.Adoption of a Resolution Approving and Attesting to the Veracity of the
City's 2019 Annual Power Source Disclosure and Power Content Label
Reports
6.Approval of Amendment Number 2 to Contract Number S20178094
With Management Partners, Inc., to Extend the Term Through March
31, 2021 and Increase Compensation by $85,000 for Procurement
Advising Services for a new Not-to-Exceed Amount of $170,000
7.Designation of the Voting Delegate for the League of California Cities
Annual 2020 Conference, to be Held Virtually October 7-9, 2020; and
Approval of Staff’s Recommendation to abstain on the League Resolution
8.Authorization to Amend the Existing Agreement for Litigation Defense
Services With the Law Firm of Jarvis Fay & Gibson (Contract
S17168652) to Increase the Contract Amount by an Additional
$15,000 for a Total Not-to-Exceed Amount of $130,000
9.SECOND READING: Interim Ordinance of the Council of the City of Palo
Alto Amending Chapters 18.28 (Special Purpose PF, OS and AC
Districts) and 18.42 (Standards for Special Uses) of Title 18 (Zoning)
of the Palo Alto Municipal Code (PAMC) to Adopt Temporary
MEMO
MEMO
Presentation
Public
Comment
3 September 28, 2020
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE.
Regulations Relating to Safe Parking in PF Districts (FIRST READING:
September 14, 2020 PASSED: 7-0)
City Manager Comments 8:10-8:20 PM
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters. 8:20-9:15 PM
10.Status Report and Direction Regarding Continued Participation in the
San Mateo County Tourism Business Improvement District (TBID) or
Adoption of a Resolution to Withdraw Participation
9:15-10:00 PM
11.Approval of a Contract With Baker Tilly US, LLP for Internal Auditor
Services in an Amount Not-to-Exceed $1,300,000 for a Term
Commencing October 1, 2020 through June 30, 2022, Including
Approval of Four Initial Task Orders; Adoption of a Resolution to
Appoint Kyle O'Rourke of Baker Tilly US, LLP as City Auditor; and
Amendment of the Table of Organization to Eliminate 4.0 Positions in
Various Funds
Council Member Questions, Comments and Announcements
Members of the public may not speak to the item(s)
Adjournment
AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who
would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance.
MEMO
Presentation
Presentation
Public Comment
4 September 28, 2020
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE.
Additional Information
Informational Report
Resumption of Residential Preferential Parking (RPP) Enforcement
Cybersecurity Awareness Proclamation - October 2020
Palo Alto Fire Department Semiannual Performance Report for the Second
Half of Fiscal Year 2020
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Public Letters to Council
Set 1
5 September 28, 2020
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE.
Public Comment Instructions
Members of the Public may provide public comments to teleconference
meetings via email, teleconference, or by phone.
1.Written public comments may be submitted by email to
city.council@cityofpaloalto.org.
2.Spoken public comments using a computer will be accepted
through the teleconference meeting. To address the Council, click on
the link below to access a Zoom-based meeting. Please read the
following instructions carefully.
A.You may download the Zoom client or connect to the meeting in-
browser. If using your browser, make sure you are using a
current, up-to-date browser: Chrome 30+, Firefox 27+,
Microsoft Edge 12+, Safari 7+. Certain functionality may be
disabled in older browsers including Internet Explorer.
B. You may be asked to enter an email address and name. We
request that you identify yourself by name as this will be visible
online and will be used to notify you that it is your turn to speak.
C. When you wish to speak on an Agenda Item, click on “raise
hand.” The Clerk will activate and unmute speakers in turn.
Speakers will be notified shortly before they are called to speak.
D. When called, please limit your remarks to the time limit allotted.
E. A timer will be shown on the computer to help keep track of your
comments.
3.Spoken public comments using a smart phone will be accepted
through the teleconference meeting. To address the Council, download
the Zoom application onto your phone from the Apple App Store or
Google Play Store and enter the Meeting ID below. Please follow the
instructions B-E above.
4.Spoken public comments using a phone use the telephone number
listed below. When you wish to speak on an agenda item hit *9 on
your phone so we know that you wish to speak. You will be asked to
provide your first and last name before addressing the Council. You
will be advised how long you have to speak. When called please limit
your remarks to the agenda item and time limit allotted.
https://zoom.us/join Meeting ID: 362 027 238 Phone:1(669)900-6833
City of Palo Alto (ID # 11604)
City Council Staff Report
Report Type: Study Session Meeting Date: 9/28/2020
City of Palo Alto Page 1
Summary Title: Update on City of Palo Alto's Race and Equity Work
Title: Update on City of Palo Alto's Race and Equity Work and Discussion of
Next Steps
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that City Council receive an update on the City’s Race and Equity efforts and
discuss next steps.
Background
The City Council has been discussing race and equity efforts since June 2020 and moving
forward on a race and equity initiative for the City. Previous City Council reports, CMR #11414
(June 8, 2020; https://www.cityofpaloalto.org/civicax/filebank/documents/77100) and CMR
#11441 (June 15, 2020; https://www.cityofpaloalto.org/civicax/filebank/documents/77273),
describe efforts the City has underway.
On June 23, 2020, at the final City Council meeting before its July recess, Mayor Adrian Fine
announced councilmember assignments to four ad hoc committees. The committees were
tasked with convening individually and discussing the respective domains to return to the full
City Council for potential direction, reform, and improvements.
The ad hoc committees and their members are detailed below:
• Police Policy Manual, Data, and Hiring – Vice Mayor Tom DuBois and Councilmembers
Alison Cormack and Lydia Kou
• Public Safety Alternative Models – Councilmembers Liz Kniss and Greg Tanaka
• Police Accountability and Transparency – Vice Mayor Tom DuBois and Councilmember
Eric Filseth
• Citywide Diversity and Inclusion – Mayor Adrian Fine and Councilmembers Alison
Cormack and Liz Kniss
Each ad hoc committee convened over the summer and on August 24, 2020, the committees
updated the full City Council and provided direction on next steps. The Human Relations
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Commission (HRC) also gave their 8cantwait report to the City Council. The reports from August
24, 2020 meeting are listed below:
- CMR #11551
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=59847.7&BlobID=780
78;
- An additional memorandum released on August 24, 2020 with more information:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=70773.14&BlobID=78
135); and
- HRC Report CMR #11516
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=78000.
Discussion
The City continues to progress with the race and equity efforts as directed in June 2020 by the
City Council.
The City’s Independent Police Auditors (IPA), Michael Gennaco and Stephen Connolly will
attend the City Council meeting on September 28, 2020. Messers Gennaco and Connolly met
with the Accountability and Transparency Ad Hoc Committee and will now meet with the full
City Council at this study session to discuss their role as the City’s IPA and answer any questions
from the City Council. The biography for the Independent Police Auditors are available on their
website at: https://www.oirgroup.com/people. The City offers a dedicated webpage that hosts
information about the Independent Police Auditor work. Go here for more:
https://www.cityofpaloalto.org/gov/depts/pol/auditor.asp
Update on Ad Hoc Work
Throughout August and September, the ad hoc committees met again to further the next steps
identified in the August 24 report. Below is a recap summary of those next steps.
Police Policy Manual, Data, and Hiring Ad Hoc
• Review best practices and gather thought leader input
o Explore opportunities for external partnerships for peer review and data
analysis, such as affiliations with Stanford University’s SPARQ
o Consider data analysis with an outside entity
o Incorporate suggestions from the Human Relations Commission
• Convene, analyze and recommend changes
Public Safety Alternative Models Ad Hoc
• Conclude preliminary evaluation of Public Safety Alternative Models
• Pursue opportunities for “apples to apples” comparisons to other jurisdictions including
collaboration with Stanford University
Accountability and Transparency Ad Hoc
• Reviewing the Public Records Request process and information releases from the Police
City of Palo Alto Page 3
Department as well as examining the potential to remove redactions from the Police
policy Manual
• Reviewing Independent Police Auditor policies and turnaround time
• Reviewing the Disciplinary record policy, specifically retention, use for hiring, and
transfers
• Examine options for publicly reporting statistical summaries and review the policies for
releasing information about individual cases
*As part of this ad hoc, a request for a legislative update on police reform was made and is
discussed below.
Citywide Diversity and Inclusion Ad Hoc
• Further City Council discussion and possible adoption of Mission Statement
• Establish ongoing City Council updates, including work with professional organizations
and other jurisdictions
• Continue engagement with the community and workforce on race and equity efforts
Communication between staff and the ad hoc committees is ongoing. The most recent
information transmitted from staff to the City Council provided information about police and
fire calls for service as well as a five-year history of police uses of force in Palo Alto. The report
was shared as an informational report on September 14, 2020 (CMR #11586;
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=60853.37&BlobID=78272).
As more information is sent to the ad hoc committees, it will be posted online here:
https://www.cityofpaloalto.org/raceandequity/council_ad_hoc_committees.asp.
Additional Race & Equity Work
In addition to the ongoing work with each of the ad hoc committees, the City also engaged with
this work through other avenues and approaches.
Per City Council direction, the Human Relations Commission (HRC) has solicited feedback and
input from the community with stories about their families in Palo Alto as well as about
experiences with racism in Palo Alto as part of the #PaloAltoSpeaks campaign. The HRC held a
listening forum on Thursday, August 13, 2020. A few members of the community shared their
experience before the HRC and the public. The campaign is ongoing, and people can share their
experiences through different mediums. More information on the campaign can be found
online at https://www.cityofpaloalto.org/raceandequity/share_your_story.asp. Though
ongoing, the HRC asked for all submissions to be shared by September 18, 2020, so the HRC can
share the submissions with the City Council as follow up to the task assigned by the City Council
in June.
The Library Department, in partnership with the Stanford University Bill Lane Center for the
American West and the Friends of the Palo Alto Library, hosted a virtual conversation with
Richard Rothstein, the author of “Color of Law: A Forgotten History of How Our Government
City of Palo Alto Page 4
Segregated America.” The book “Color of Law” was selected as the “Palo Alto Reads” book for
2020. More information can be found on this program can be found at:
https://www.cityofpaloalto.org/news/displaynews.asp?NewsID=4961. The program had over
400 registrants and more than 200 additional viewers on YouTube since the event.
The Public Art Commission hosted a discussion with eight of the artists who painted the
temporary Black Lives Matter mural on September 10, 2020. The artists shared what led them
to getting involved in the mural project and their experiences. The artists discussed the
importance of public art in bringing community together in a shared experience and discussion,
and how public art has a power quite different from studio or gallery art. The artists also shared
their calls for action and next steps, asking for greater corporate engagement, the need for
everyone to look at their own implicit biases, and a call for increased paid opportunities for
artists, who will be able to have a larger overall positive impact in connecting and unifying our
communities.
The Public Art Commission held their annual retreat September 15, 2020 to set the priorities for
the coming two years. One of the priorities identified by the PAC and scheduled to be discussed
at their September 17, 2020 regular meeting includes the commission of public art projects
with the emphasis on cultural inclusion and social and racial equity. At the retreat, the PAC also
met their racial and cultural equity communications consultant, Elizabeth D. Foggie, who is just
starting her evaluation work with the City’s Public Art Program and the PAC. Her scope of work
includes evaluating the language and processes for better inclusion of Black artists and artists of
color and assisting staff in making connections and finding ways to increase artist opportunities
for more diverse artists.
Other activities continue to occur according to the calendar shared in the most recent update
to the City Council. Updates can be found online on the City of Palo Alto’s web page for Race
and Equity (www.cityofpaloalto.org/raceandequity). It will be updated to reflect the most
recent times and event dates.
Stakeholder Engagement
Engaging the community at-large to provide direction for the City’s Race and Equity strategy
has been a priority throughout this process. The City continues to engage the community
through a series of Race and Equity conversations. Updates on the City’s efforts can be found
on the Race and Equity webpage on the City website (www.cityofpaloalto.org/raceandequity).
Resource Impact
There is no fiscal impact to report at this time. Significant staffing resources have been
dedicated to this work and future resource impacts are dependent on the actions and direction
approved by the City Council.
Environmental Impact
This is not a project under Section 21065 for purposes of the California Environmental Quality
City of Palo Alto Page 5
Act (CEQA).
1 of 1
TO: HONORABLE CITY COUNCIL
FROM: ED SHIKADA, CITY MANAGER
AGENDA DATE: SEPTEMBER 28, 2020
SUBJECT: ITEM NUMBER 2 – PRESENTATION/ADDITIONAL ITEM ON THE CITY OF
PALO ALTO RACE AND EQUITY WORK
This memorandum transmits the PowerPoint presentation as additional information for the
September 28, 2020 Item #2 Update on City of Palo Alto's Race and Equity Work and Discussion
of Next Steps (City Manager’s Report #11604).
The attached presentation will help further inform the discussion for the September 28, 2020
update to the City Council. The proposed framework and next steps for the City Council’s race
and equity work reflects suggestions made by the Ad Hoc Committees over the past few
months.
_________________________
Ed Shikada
City Manager
2
DocuSign Envelope ID: E7FCD6EB-EF01-4FF3-80E8-DE77A52F85B4
September 28, 2020 www.cityofpaloalto.org/raceandequity
RACE AND EQUITY UPDATES
1
Attachment #1
www.cityofpaloalto.org/raceandequity
•Race and Equity Process: Work-to-Date and Moving Forward
•Mission Statement Draft
•Overview of Progress / Work-to-Date
•Framework for Practices
•Range of Implementation Tools
•Police Practices and Citywide Practices
•Presentation / Q&A by Palo Alto’s Independent Police Auditor (IPA)
•Council Discussion
PRESENTATION OUTLINE
2
www.cityofpaloalto.org/raceandequity
The Citywide Diversity and Inclusion Ad Hoc created a draft mission statement to be the
guide for the ongoing race and equity work for the City. The mission statement is:
The City of Palo Alto is committed to creating a respectful, fair, and professional
workplace and city. We will identify inequities and prejudices, welcome diverse
perspectives, and use a collaborative approach to create an environment that works
for everyone.
RACE & EQUITY MISSION STATEMENT DRAFT
3
www.cityofpaloalto.org/raceandequity
•Council Direction and Referrals to Human Relations Commission and others
•Ad Hocs Created and Have Met Over the Summer –Members:
•Police Policy Manual, Data, and Hiring –Vice Mayor Tom DuBois and Councilmembers Alison Cormack
and Lydia Kou
•Public Safety Alternative Models –Councilmembers Liz Kniss and Greg Tanaka
•Police Accountability and Transparency –Vice Mayor Tom DuBois and Councilmember Eric Filseth
•Citywide Diversity & Inclusion –Mayor Adrian Fine and Councilmembers Alison Cormack and Liz Kniss
•Most recent update at City Council was August 24, 2020
•Report: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=59847.7&BlobID=78078
•Supplemental Memo:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=70773.14&BlobID=78135
•HRC Report: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=78000
OVERVIEW OF PROGRESS / WORK-TO-DATE
4
www.cityofpaloalto.org/raceandequity
Framework:
Sequence of
work ahead
RACE & EQUITY PROCESS MOVING FORWARD
Community Engagement & Learning
-HRC 8cantwait and report out
-Gain community input
-Seek to understand
people’s experiences with PAPD
-Community learning
sessions
Data Collection
-Learn workflow
-Review Policy Manual
-Review data: uses of
force & calls for service
-Request & review any
other data
Review legislation
Gaps Identification
-Identify processes & policies where current practice could be improved
-Identify areas desired for changes
-Community feedback
Policy Direction
-Based on gaps and Ad Hoc suggestions,
Council to provide
policy direction on improvement areas
-Staff to identify
implementation tools
5
www.cityofpaloalto.org/raceandequity
RANGE OF IMPLEMENTATION TOOLS
State Legislative Advocacy
City Ordinances, Policy & Budget Actions
Organizational & Reporting Structures
Department Policy & Operations
Ongoing Evaluation and Feedback
6
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices
•Policing Practices
1.Public contact data collection and trend analysis
2.Officer deployment priorities and practices for non-violent issues
3.Officer conduct investigations and transparency
4.Discipline and accountability
•Citywide Practices:
1.Hiring and promotions, including board/commission appointments
2.Board/commission engagement with race and equity issues
3.Continuous learning and improvement
4.Norms and expectations of conduct
RACE & EQUITY PROCESS MOVING FORWARD
Timeline:
Initial
Direction
by End of 2020
Timeline:
Extends into
2021
7
www.cityofpaloalto.org/raceandequity
Sample of Policing Practices and Citywide Practices
•Policing Practices
1.Public contact data collection and trend analysis
2.Officer deployment priorities and practices for non-violent issues
3.Officer conduct investigations and transparency
4.Discipline and accountability
•Citywide Practices:
1.Hiring and promotions, including board/commission appointments
2.Board/commission engagement with race and equity issues
3.Continuous learning and improvement
4.Norms and expectations of conduct
RACE & EQUITY PROCESS MOVING FORWARD
8
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices:
Policing Practice #1: Public contact data collection and trend analysis
Potential Areas of Concern to Address:
•Department-focused activities & priorities: Where Patrol time is spent on what kind of activities.
•Currently no statistical data analysis, internally or externally. For external research, need to
address the research questions to pose (broader than just “what are the contacts?”)
•How often do we want to report on RIPA information once it begins to be collected? Is there
other data, beyond statutory requirements, that we might be interested in collecting?
City Council Options to Consider:
•Providing policy direction on the prioritization of types of enforcement activity
•Resourcing the Police Department to ensure data is available and accurate (staff and software)
•Ensuring personally identifiable info-redacted contact data is available on the Open Data Portal
•Reporting annually on RIPA data and on some regular frequency for outside study of the data
RACE & EQUITY PROCESS MOVING FORWARD
9
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices
Policing Practice #3: Officer conduct investigations and transparency
Potential Areas of Concern to Address:
•Are we doing enough auditing?
•What other options for transparency might there be? And when does the public get case
information?
•Report out on complaints and reportable uses of force: need to start doing it? How often?
City Council Options to Consider:
•Expanded role for District Attorney, Attorney General, IPA or others for case review
•Parameters for disclosure (upon conclusion of administrative interview, materials can be released)
•Add reportable uses of force data to the regular report that comes to City Council that already
includes IPA work regarding complaints, IIRs and HR investigations
RACE & EQUITY PROCESS MOVING FORWARD
10
www.cityofpaloalto.org/raceandequity
Palo Alto’s Independent Police Auditor (IPA)
The Transparency and Accountability Ad Hoc met with the City’s IPA and wanted to advance
the conversation to the full City Council to understand the work done by the IPA and other
opportunities to further increase transparency.
Michael Gennaco:
•Nationally recognized expert on law enforcement reform and accountability systems.
•Former Chief Attorney of the Office of Independent Review for Los Angeles County.
•Founding Principal of OIR Group.
Stephen Connolly:
•Principal with OIR Group since 2001 and was an original member of the Los Angeles
County Office of Independent Review.
PRESENTATION / Q&A BY PALO ALTO’S IPA
11
www.cityofpaloalto.org/raceandequity
•Discussion:
•Discuss Framework
•Discuss Policing Practices and Citywide Practices Templates
•Any follow up discussion or questions for the IPA
•Next Steps:
•Staff will further flesh out templates and discuss with Ad Hocs
•Staff and Ad Hocs will return to Council in October
ITEMS FOR DISCUSSION & NEXT STEPS
12
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 28, 2020
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the September 14, 2020 City Council
Meeting
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 09-14-20 DRAFT Action Minutes (PDF)
Department Head: Beth Minor, City Clerk
Page 2
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 6
Special Meeting
September 14, 2020
The City Council of the City of Palo Alto met on this date in Virtual
Teleconference at 5:03 P.M.
Participating Remotely: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka
Absent:
Special Orders of the Day
1. Appointment of one Candidate to the Human Relations Commission for
a Partial Term Ending May 31, 2021 and two Candidates to the Public
Art Commission for Three-year Terms Ending May 31, 2023.
First Round of voting for one position on the Human Relations Commission
with term ending May 15, 2021.
Voting For: Nilofer Chollampat DuBois, Filseth, Kou
Voting For: Sunita de Tourreil Fine, Tanaka
Voting For: Sofia Fojas Cormack
Voting For: Curt Kinsky Kniss
Voting For: Paula Rugg
Voting For: Lestina Trainor
Beth Minor, City Clerk announced that a majority vote for any candidate was
not received and a second round of voting is needed.
Second Round of voting for one position on the Human Relations
Commission with term ending May 15, 2021.
Voting For: Nilofer Chollampat DuBois, Filseth, Kou
Voting For: Sunita de Tourreil Cormack, Fine, Kniss, Tanaka
Voting For: Sofia Fojas
Voting For: Curt Kinsky
DRAFT ACTION MINUTES
Page 2 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
Voting For: Paula Rugg
Voting For: Lestina Trainor
Beth Minor, City Clerk announced that Sunita de Tourreil with 4 votes was
appointed to the Human Relations Commission.
First Round of voting for two positions on the Public Art Commission with
terms ending May 15, 2023.
Voting For: Djibril Drame
Voting For: Marilyn Gottlieb-Roberts Tanaka
Voting For: Radina Philyaw
Voting For: Hsinya Shen DuBois, Filseth, Kou, Tanaka
Voting For: Harriet Stern Cormack, Fine, Kniss
Voting For: Katherine Talbot
Voting For: Nia Taylor Cormack, DuBois, Filseth, Fine,
Kniss, Kou
Beth Minor, City Clerk announced that Nia Taylor with 6 votes, and Hsinya
Shen with 4 votes were both appointed to the Public Art Commission.
Minutes Approval
2. Approval of Action Minutes for the August 17 and 24, 2020 City
Council Meetings.
MOTION: Mayor Fine moved, seconded by Council Member Kniss to
approve the Action Minutes for the August 17 and 24, 2020 City Council
Meetings, with the inclusion of “Plan” after Carbon Neutral in the August 24,
2020 minutes.
MOTION PASSED: 7-0
Consent Calendar
MOTION: Council Member Kniss moved, seconded by Council Member Tanaka, third by Council Member Cormack to remove Agenda Item Number
4, “Approval of an Extension of the Pilot Phase of the Old Palo Alto
Residential Preferential Parking Program…” from the Agenda do be heard at
a later date.
DRAFT ACTION MINUTES
Page 3 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
MOTION: Mayor Fine moved, seconded by Council Member Cormack to
approve Agenda Item Numbers 3, 5-7.
3. Approval of Contract Number C21178263 With McGuire Pacific
Constructors, Not-to-Exceed $130,000, for On-call Residential
Preferential Parking Program (RPP) Signs and Installation.
4. Approval of an Extension of the Pilot Phase of the Old Palo Alto
Residential Preferential Parking Program (RPP) for a Period of Twelve
Months.
5. QUASI-JUDICIAL. 4175 Page Mill Road [20PLN-00040]: Request for
Site and Design Review to Allow Replacement of Vault Restroom In-
situ With Prefabricated CXT Vault Restroom, Installation of American
Disabilities Act (ADA) Parking Stalls, Construction of an ADA Path of
Travel, and Minor Grading of an Existing Gravel Parking lot.
Environmental Assessment: Exempt. Zoning District: Open Space
(OS).
6. Adoption of Revised Salary Schedules for Various City Employee
Groups Including Service Employees International Union (SEIU), SEIU-
hourly and Limited-hourly Employees; Revision to the Management
and Professional Employees’ Compensation Plan.
7. Approval of Three Items Related to the Junior Museum and Zoo (JMZ):
1) Acceptance of a $250,000 Federal Grant for a California Dinosaur
Garden Exhibition; 2) Approval of a Budget Amendment in the Capital
Improvement Fund by a Two-thirds Vote; and 3) Approval of an
Extension Until 2022 of the Agreement With the Friends of the Palo
Alto Junior Museum and Zoo for Mutual Cooperation and Support to
Facilitate the Friends’ Financial and Administrative Support of the JMZ.
MOTION PASSED: 7-0
Council took a break at 5:42 P.M. and returned at 5:56 P.M.
State/Federal Legislation Update/Action
8. Study Session With the City's State Legislative Advocate Regarding
Bills From the 2020 Legislative Session.
NO ACTION TAKEN
DRAFT ACTION MINUTES
Page 4 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
Action Items
9. PUBLIC HEARING: Adoption of an Interim Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow 24-hour
Safe Parking on City-owned Sites in the PF Zoning District; and
Approve a 3-year Lease With the County of Santa Clara (Tenant) at
2000 Geng Road for Safe Parking.
Public Hearing opened at 7:04 P.M.
Public Hearing closed at 7:28 P.M.
MOTION: Council Member Kou moved, seconded by Vice Mayor DuBois to:
A. Find the proposed Interim Ordinance and approval of the lease
agreement exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 and 15303 of the CEQA Guidelines;
B. Adopt an Interim Ordinance Amending Title 18 (Zoning) of the Palo
Alto Municipal Code to Temporarily Allow 24-Hour Safe Parking on City
Property in the PF Zoning District (PAMC Chapter 18.28), and
Establishing Temporary Regulations Related to Safe Parking (PAMC
Chapter 18.42); and
C. Approve the Three-year Lease between the City (Landlord) and the
County of Santa Clara (Tenant) for City property located at 2000 Geng
Road, Palo Alto for Safe Parking.
MOTION PASSED: 7-0
Council took a break at 8:26 P.M. and returned at 8:40 P.M.
10. Verbal Update and Possible Direction to Staff on COVID-19 Related to
Business Recovery Efforts.
MOTION: Vice Mayor DuBois moved, seconded by Council Member Tanaka
to direct Staff to explore options and return to Council with:
A. Rapid Covid-19 testing and what the City can do to ramp up testing;
B. Childcare and how the City can support childcare services; and
C. A holiday strategy to support holiday shopping in our major shopping
areas.
DRAFT ACTION MINUTES
Page 5 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
AMENDMENT: Mayor Fine moved, seconded by Council Member Tanaka to
direct Staff to explore options and return to Council with:
A. Temporarily suspending the Retail Preservation Ordinance outside of
the commercial cores;
B. Temporarily altering or suspending required parking changes for a
change of use; and
C. Allowing diverse retail uses in all retail sites.
AMENDMENT SPLIT FOR THE PURPOSE OF VOTING:
AMENDMENT PART A PASSED: 4-3 DuBois, Filseth, Kou no
AMENDMENT PART B PASSED: 4-3 DuBois, Filseth, Kou no
AMENDMENT PART C PASSED: 7-0
MOTION AS AMENDED RESTATED: Vice Mayor DuBois moved, seconded
by Council Member Tanaka to direct Staff explore options and return to
Council with:
A. Rapid Covid-19 testing and what the City can do to ramp up testing;
B. Childcare and how the City can support childcare services;
C. A holiday strategy to support holiday shopping in our major shopping
areas;
D. Temporarily suspending the Retail Preservation Ordinance outside of
the commercial cores;
E. Temporarily altering or suspending required parking changes for a
change of use; and
F. Allowing diverse retail uses in all retail sites.
MOTION AS AMENDED PASSED: 5-2 Filseth, Kou no
Council took a break at 11:02 P.M. and returned at 11:09 P.M.
11. Review and Selection of Select State and Local Measures on the
November 2020 Ballot for Possible Support or Oppose Positions.
DRAFT ACTION MINUTES
Page 6 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
MOTION: Council Member Tanaka moved, seconded by Council Member XX
to vote No Position on Proposition 15.
MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION: Council Member DuBois moved, seconded by Council Member
Filseth to vote No Position on Proposition 16.
MOTION PASSED: 5-2 Fine, Kniss no
MOTION: Mayor Fine moved, seconded by Council Member Kniss to vote
Support on Proposition 17.
MOTION FAILED: 3-4 DuBois, Filseth, Kou, Tanaka no
MOTION: Council Member Filseth moved, seconded by Council Member Kou
to vote No Position on Proposition 19.
SUBSTITUTE MOTION: Council Member Cormack moved, seconded by
Mayor Fine to vote Oppose on Proposition 19.
SUBSTITUTE MOTION FAILED: 2-5 DuBois, Filseth, Kou, Tanaka no,
Kniss abstain
MOTION RESTATED: Council Member Filseth moved, seconded by Council
Member Kou to vote No Position on Proposition 19.
MOTION PASSED: 7-0
MOTION: Mayor Fine moved, seconded by Council Member Kniss to vote
Oppose on Proposition 20.
MOTION FAILED: 2-5 Cormack, DuBois, Filseth, Kou, Tanaka no
MOTION: Vice Mayor DuBois moved, seconded by Council Member Kou to
vote Support on Proposition 21.
MOTION FAILED: 3-4 Cormack, Fine, Kniss, Tanaka no
MOTION: Vice Mayor DuBois moved, seconded by Mayor Fine to vote
Support on Palo Alto Unified School District.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 11:44 P.M.
1 of 1
TO: HONORABLE COUNCIL MEMBERS
FROM: BETH MINOR, CITY CLERK
DATE: SEPTEMBER 28, 2020
SUBJECT: AGENDA ITEM NUMBER 3- Approval of Action Minutes for the September 14,
2020 City Council Meeting.
Attached are the Action Minutes from the September 14, 2020 City Council Meeting that are on
your agenda for approval. The actual minutes were inadvertently left off of the report.
Beth Minor
City Clerk
3
Page 2
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 28, 2020
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the September 14, 2020 City Council
Meeting
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 09-14-20 DRAFT Action Minutes (PDF)
Department Head: Beth Minor, City Clerk
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 6
Special Meeting
September 14, 2020
The City Council of the City of Palo Alto met on this date in Virtual
Teleconference at 5:03 P.M.
Participating Remotely: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka
Absent:
Special Orders of the Day
1. Appointment of one Candidate to the Human Relations Commission for
a Partial Term Ending May 31, 2021 and two Candidates to the Public
Art Commission for Three-year Terms Ending May 31, 2023.
First Round of voting for one position on the Human Relations Commission
with term ending May 15, 2021.
Voting For: Nilofer Chollampat DuBois, Filseth, Kou
Voting For: Sunita de Tourreil Fine, Tanaka
Voting For: Sofia Fojas Cormack
Voting For: Curt Kinsky Kniss
Voting For: Paula Rugg
Voting For: Lestina Trainor
Beth Minor, City Clerk announced that a majority vote for any candidate was
not received and a second round of voting is needed.
Second Round of voting for one position on the Human Relations
Commission with term ending May 15, 2021.
Voting For: Nilofer Chollampat DuBois, Filseth, Kou
Voting For: Sunita de Tourreil Cormack, Fine, Kniss, Tanaka
Voting For: Sofia Fojas
Voting For: Curt Kinsky
DRAFT ACTION MINUTES
Page 2 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
Voting For: Paula Rugg
Voting For: Lestina Trainor
Beth Minor, City Clerk announced that Sunita de Tourreil with 4 votes was
appointed to the Human Relations Commission.
First Round of voting for two positions on the Public Art Commission with
terms ending May 15, 2023.
Voting For: Djibril Drame
Voting For: Marilyn Gottlieb-Roberts Tanaka
Voting For: Radina Philyaw
Voting For: Hsinya Shen DuBois, Filseth, Kou, Tanaka
Voting For: Harriet Stern Cormack, Fine, Kniss
Voting For: Katherine Talbot
Voting For: Nia Taylor Cormack, DuBois, Filseth, Fine,
Kniss, Kou
Beth Minor, City Clerk announced that Nia Taylor with 6 votes, and Hsinya
Shen with 4 votes were both appointed to the Public Art Commission.
Minutes Approval
2. Approval of Action Minutes for the August 17 and 24, 2020 City
Council Meetings.
MOTION: Mayor Fine moved, seconded by Council Member Kniss to
approve the Action Minutes for the August 17 and 24, 2020 City Council
Meetings, with the inclusion of “Plan” after Carbon Neutral in the August 24,
2020 minutes.
MOTION PASSED: 7-0
Consent Calendar
MOTION: Council Member Kniss moved, seconded by Council Member Tanaka, third by Council Member Cormack to remove Agenda Item Number
4, “Approval of an Extension of the Pilot Phase of the Old Palo Alto
Residential Preferential Parking Program…” from the Agenda do be heard at
a later date.
DRAFT ACTION MINUTES
Page 3 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
MOTION: Mayor Fine moved, seconded by Council Member Cormack to
approve Agenda Item Numbers 3, 5-7.
3. Approval of Contract Number C21178263 With McGuire Pacific
Constructors, Not-to-Exceed $130,000, for On-call Residential
Preferential Parking Program (RPP) Signs and Installation.
4. Approval of an Extension of the Pilot Phase of the Old Palo Alto
Residential Preferential Parking Program (RPP) for a Period of Twelve
Months.
5. QUASI-JUDICIAL. 4175 Page Mill Road [20PLN-00040]: Request for
Site and Design Review to Allow Replacement of Vault Restroom In-
situ With Prefabricated CXT Vault Restroom, Installation of American
Disabilities Act (ADA) Parking Stalls, Construction of an ADA Path of
Travel, and Minor Grading of an Existing Gravel Parking lot.
Environmental Assessment: Exempt. Zoning District: Open Space
(OS).
6. Adoption of Revised Salary Schedules for Various City Employee
Groups Including Service Employees International Union (SEIU), SEIU-
hourly and Limited-hourly Employees; Revision to the Management
and Professional Employees’ Compensation Plan.
7. Approval of Three Items Related to the Junior Museum and Zoo (JMZ):
1) Acceptance of a $250,000 Federal Grant for a California Dinosaur
Garden Exhibition; 2) Approval of a Budget Amendment in the Capital
Improvement Fund by a Two-thirds Vote; and 3) Approval of an
Extension Until 2022 of the Agreement With the Friends of the Palo
Alto Junior Museum and Zoo for Mutual Cooperation and Support to
Facilitate the Friends’ Financial and Administrative Support of the JMZ.
MOTION PASSED: 7-0
Council took a break at 5:42 P.M. and returned at 5:56 P.M.
State/Federal Legislation Update/Action
8. Study Session With the City's State Legislative Advocate Regarding
Bills From the 2020 Legislative Session.
NO ACTION TAKEN
DRAFT ACTION MINUTES
Page 4 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
Action Items
9. PUBLIC HEARING: Adoption of an Interim Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Temporarily Allow 24-hour
Safe Parking on City-owned Sites in the PF Zoning District; and
Approve a 3-year Lease With the County of Santa Clara (Tenant) at
2000 Geng Road for Safe Parking.
Public Hearing opened at 7:04 P.M.
Public Hearing closed at 7:28 P.M.
MOTION: Council Member Kou moved, seconded by Vice Mayor DuBois to:
A. Find the proposed Interim Ordinance and approval of the lease
agreement exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 and 15303 of the CEQA Guidelines;
B. Adopt an Interim Ordinance Amending Title 18 (Zoning) of the Palo
Alto Municipal Code to Temporarily Allow 24-Hour Safe Parking on City
Property in the PF Zoning District (PAMC Chapter 18.28), and
Establishing Temporary Regulations Related to Safe Parking (PAMC
Chapter 18.42); and
C. Approve the Three-year Lease between the City (Landlord) and the
County of Santa Clara (Tenant) for City property located at 2000 Geng
Road, Palo Alto for Safe Parking.
MOTION PASSED: 7-0
Council took a break at 8:26 P.M. and returned at 8:40 P.M.
10. Verbal Update and Possible Direction to Staff on COVID-19 Related to
Business Recovery Efforts.
MOTION: Vice Mayor DuBois moved, seconded by Council Member Tanaka
to direct Staff to explore options and return to Council with:
A. Rapid Covid-19 testing and what the City can do to ramp up testing;
B. Childcare and how the City can support childcare services; and
C. A holiday strategy to support holiday shopping in our major shopping
areas.
DRAFT ACTION MINUTES
Page 5 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
AMENDMENT: Mayor Fine moved, seconded by Council Member Tanaka to
direct Staff to explore options and return to Council with:
A. Temporarily suspending the Retail Preservation Ordinance outside of
the commercial cores;
B. Temporarily altering or suspending required parking changes for a
change of use; and
C. Allowing diverse retail uses in all retail sites.
AMENDMENT SPLIT FOR THE PURPOSE OF VOTING:
AMENDMENT PART A PASSED: 4-3 DuBois, Filseth, Kou no
AMENDMENT PART B PASSED: 4-3 DuBois, Filseth, Kou no
AMENDMENT PART C PASSED: 7-0
MOTION AS AMENDED RESTATED: Vice Mayor DuBois moved, seconded
by Council Member Tanaka to direct Staff explore options and return to
Council with:
A. Rapid Covid-19 testing and what the City can do to ramp up testing;
B. Childcare and how the City can support childcare services;
C. A holiday strategy to support holiday shopping in our major shopping
areas;
D. Temporarily suspending the Retail Preservation Ordinance outside of
the commercial cores;
E. Temporarily altering or suspending required parking changes for a
change of use; and
F. Allowing diverse retail uses in all retail sites.
MOTION AS AMENDED PASSED: 5-2 Filseth, Kou no
Council took a break at 11:02 P.M. and returned at 11:09 P.M.
11. Review and Selection of Select State and Local Measures on the
November 2020 Ballot for Possible Support or Oppose Positions.
DRAFT ACTION MINUTES
Page 6 of 6
City Council Meeting
Draft Action Minutes: 9/14/2020
MOTION: Council Member Tanaka moved, seconded by Council Member XX
to vote No Position on Proposition 15.
MOTION FAILED DUE TO THE LACK OF A SECOND
MOTION: Council Member DuBois moved, seconded by Council Member
Filseth to vote No Position on Proposition 16.
MOTION PASSED: 5-2 Fine, Kniss no
MOTION: Mayor Fine moved, seconded by Council Member Kniss to vote
Support on Proposition 17.
MOTION FAILED: 3-4 DuBois, Filseth, Kou, Tanaka no
MOTION: Council Member Filseth moved, seconded by Council Member Kou
to vote No Position on Proposition 19.
SUBSTITUTE MOTION: Council Member Cormack moved, seconded by
Mayor Fine to vote Oppose on Proposition 19.
SUBSTITUTE MOTION FAILED: 2-5 DuBois, Filseth, Kou, Tanaka no,
Kniss abstain
MOTION RESTATED: Council Member Filseth moved, seconded by Council
Member Kou to vote No Position on Proposition 19.
MOTION PASSED: 7-0
MOTION: Mayor Fine moved, seconded by Council Member Kniss to vote
Oppose on Proposition 20.
MOTION FAILED: 2-5 Cormack, DuBois, Filseth, Kou, Tanaka no
MOTION: Vice Mayor DuBois moved, seconded by Council Member Kou to
vote Support on Proposition 21.
MOTION FAILED: 3-4 Cormack, Fine, Kniss, Tanaka no
MOTION: Vice Mayor DuBois moved, seconded by Mayor Fine to vote
Support on Palo Alto Unified School District.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 11:44 P.M.
City of Palo Alto (ID # 11497)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/28/2020
City of Palo Alto Page 1
Council Priority: Transportation and Traffic
Summary Title: Approval of Contract with BKF Engineers for Churchill Avenue
& Alma Street Railroad Crossing Project
Title: Approval of Contract Number C21177400 With BKF Engineers for a
Maximum Not-to-Exceed Amount of $329,689 for Design and Construction
Support Services Related to Churchill Avenue and Alma Street Railroad
Crossing Safety Improvements, Capital Improvement Project (PL-20000)
From: City Manager
Lead Department: Transportation Department
Recommendation
Staff recommends that the City Council approve and authorize the City Manager or his designee
to execute Contract No. C21177400 with BKF Engineers in an amount not to exceed $329,689
to provide engineering design and construction support services for Churchill Avenue and Alma
Street Railroad Crossing Safety Improvements, Capital Improvement Project (PL-20000).
Background
Several years ago, the City of Palo Alto (City), the California Department of Transportation
(Caltrans), the County of Santa Clara, and the California Public Utilities Commission (CPUC)
initiated a safety review of the intersection and railroad at-grade crossing at Churchill Avenue
and Alma Street. This intersection has been identified to receive Section 130 federal funding
which is administered by the California Department of Transportation (Caltrans) for elimination
of hazards at grade crossings.
A diagnostic team comprised of staff from the City, CPUC and Caltrain analyzed the existing
conditions at the Churchill/Alma intersection for vehicular travel, bicycle travel, pedestrian
pathways, and rail traffic, and developed recommendations. Based on this work, the CPUC Rail
Crossing Engineering Section adopted final recommendations for safety improvements to be
implemented at this intersection. The recommendations identified both railroad work and local
work to be performed by the Peninsula Corridor Joint Powers Board (JPB) and the City,
respectively, under separate service contracts with Caltrans Division of Rail. The JPB and the
City are responsible for the construction of the improvements identified and assigned to their
City of Palo Alto Page 2
agency under their individual Caltrans contracts and are required to coordinate their respective
work items.
The City executed its service contract with Caltrans Division of Rail on August 16, 2019 and
received Notice to Proceed to complete engineering design, final plans, specifications, and cost
estimates for improvements identified within the City’s right of way. These improvements are
100% fundable by the Section 130 program on a reimbursement basis.
The railroad crossing improvement project at Churchill Avenue and Alma Street is a coordinated
project of the Caltrans Division of Rail in cooperation with the JPB and the City.
Discussion
The City released a Request for Proposals (RFP) on October 30, 2019 for design services needed
for proposed improvements and design support during construction for the Churchill Avenue
and Alma Street Railroad Crossing Safety Improvement Section 130 Project and received two
proposals in response to the RFP. Staff from the Office of Transportation reviewed the
proposals, interviewed the consultants and recommended selection of BKF Engineers, based on
proposal content and criteria identified in the RFP, including their knowledge of traffic
engineering and rail design, experience with projects involving Section 130 funds and prior
working relationship with JPB and Caltrain staff.
Summary of the solicitation and selection process are outlined below:
Proposal Description/Number Churchill/Alma Railroad Crossing Safety Improvement
RFP Date: October 30, 2019
Total Days to Respond to RFP: 25 days
Pre-proposal Meeting Date: None
Interview Date: January 22, 2020
Number of Proposals Received: 2
Proposals Received from: Location (City, State) Selected for
oral interview?
TJKM Pleasanton, CA Yes
BKF Redwood City, CA Yes
The proposals were evaluated based on the following criteria:
• Qualifications and experience of the staff assigned to the project;
• Proposal quality and completeness;
• Response time and ability to perform the work; and
• Fee
City of Palo Alto Page 3
BKF Engineers demonstrated successful completion of projects along the rail corridor, thorough
traffic analysis and development of plans, specifications and estimates. They have also
demonstrated the ability to complete projects in a timely manner on prior projects.
Although interviews were held in January 2020, there has been a delay in awarding this
contract. Selecting the consultant for this project was placed on hold as City staff finalized an
amendment to the service contract with Caltrans to modify the original contract scope of work
from July 2019.
With the on-going study of redesigning at-grade rail crossings in Palo Alto, the preferred
alternative for Alma/Churchill intersection has not been determined yet. There are three grade
separation alternatives currently under consideration for this intersection:
• Churchill closure alternative: the railroad tracks will remain at their existing location and
elevation (as is). Churchill Avenue will become a T-intersection with Alma Street on the
east side and will end at Mariposa Avenue on the west side. A pedestrian/bike only
undercrossing will be constructed.
• Churchill viaduct alternative: the railroad tracks will be elevated on a structure over
Churchill Avenue. The new electrified railroad tracks will be built at the same location as
the existing railroad tracks and will begin rising near Homer Avenue, remain elevated
over Churchill Avenue, and return to the existing track elevation near the California
Avenue Station.
• Churchill partial underpass alternative will grade separate Churchill Avenue from the
current Caltrain tracks via an underpass; however, there will no longer be through traffic
on Churchill Avenue at the intersection with Alma Street.
Some improvements listed in the original Caltrans scope of work could potentially conflict or
would no longer be valid with these alternatives that are being proposed for the Alma/Churchill
grade crossing as part of the Connecting Palo Alto grade separation project. However due to
the uncertain timeline for the grade separation project, staff recommends to proceed with the
proposed safety improvement project to address existing safety concerns. The diagnostic team
recorded four vehicle-train incidents at this location since 2017 in addition to the two crashes
from 2009-2015. Amendment to the Caltrans service contract was finalized in June 2020 and
removes all bicycle and pedestrian related improvements on the farther approaches of the
original scope to minimize any future project conflicts and demolition required, however, the
project retains all improvements at the crossing itself and will address the observed safety
issues identified by the diagnostic team.
Specific Improvements as listed in the amended contract with Caltrans includes:
▪ Install a pre-signal in southeast quadrant for eastbound traffic.
City of Palo Alto Page 4
▪ Modify the existing traffic signal at Churchill Ave and Alma St, including but not
limited to:
o Replace and relocate the traffic signals in the northeast and northwest
quadrants of the Churchill Ave and Alma St intersection.
o Install a new traffic signal head in the southeast quadrant.
o Install R13A (CA) “No Right Turn on Red” sign in the southwest quadrant
for eastbound traffic.
o Replacing traffic signal poles, and signal heads.
o Update and modification to the phasing and timing.
▪ Install pedestrian improvements in the northwest and northeast quadrants,
including widening the sidewalks.
▪ Install three new curb ramps in the northeast and northwest corners of the
Churchill Ave and Alma St intersection.
▪ Install new crosswalks for the north and east legs of the Churchill Ave and Alma
St intersection.
▪ Install fencing in the northwest quadrant between Churchill Ave and the
sidewalk.
▪ Install new street lighting.
▪ Relocate utilities in the northeast and northwest quadrants including gas lines,
utility boxes, and utility poles.
Timeline
Immediately upon execution of a contract, staff will meet with BKF Engineers to begin work and
coordinate design efforts with JPB and Caltrans.
Resource Impact
Funding for the safety improvements to the Alma/Chruchill grade crossing is available in the
Council approved Fiscal Year 2021 Churchill Avenue/Alma Street Railroad Crossing Safety
Improvements (PL-20000) Capital Improvement Project.
This project is funded through a Caltrans Service Contract, dated August 16, 2019, that provides
up to $3,996,000 for local road improvements in the City of Palo Alto at the grade crossing
located at the intersection of Churchill Avenue and Caltrain railroad grade crossing. The
agreement with Caltrans authorizes reimbursement of eligible costs for design and construction
incurred during the term of this agreement. The crossing was identified through the Federal
Section 130 funds, a federally funded program administered by the states for increasing safety
at at-grade highway-rail crossings. The agreement is in effect to July 1, 2022.
This revenue was estimated to be received and programmed in FY 2020; however, since the
project is now being awarded in FY 2021, the revenue reappropriated from FY 2020 to FY 2021
will be adjusted as part of the final FY 2020 year-end clean-up.
Policy Implications
City of Palo Alto Page 5
The City’s Comprehensive Plan recommends that the City strive to accommodate all modes of
travel in its street system. This contract is consistent with the following goals:
Goal T-1 Create a sustainable transportation system, complemented by a mix of land
uses, that emphasizes walking, bicycling, use of public transportation and other
methods to reduce GHG emissions and the use of single-occupancy motor vehicles.
Goal T-3 Maintain an efficient roadway network for all users.
Goal T-6 Provide a safe environment for motorists, pedestrians and bicyclists on Palo
Alto streets.
Environmental Review
This design services contract is not a project under the California Environmental Quality Act
(CEQA). However, given the nature of the proposed improvements for the project (safety
improvements to an existing intersection), the project qualifies for a Class 1 Categorical
Exemption under CEQA Guidelines Section 15301. The Class 1 exemption covers minor
alterations to existing facilities so long as they involve no or negligible expansion of use.
Attachments:
• Attachment A: C21177400 BKF - Council Ready
Professional Services Rev. April 23, 2020 1
CITY OF PALO ALTO CONTRACT NO. C21177400
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND BKF ENGINEERS FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 21st day of September, 2020, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BKF ENGINEERS, a California corporation, located at 255 Shoreline Drive, Suite 200, Redwood City, CA 94065 ("CONSULTANT").
RECITALS The following recitals are a substantive portion of this Agreement.
A. CITY intends to develop Churchill Avenue & Alma Street railroad crossing safety
improvement plan (“Project”) and desires to engage a consultant to provide planning, study and analysis in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in
this Agreement, the parties agree: AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through June 30, 2025
unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of
this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made
a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 2
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Two Hundred Eighty Six Thousand Six Hundred Eighty Six Dollars ($286,686.00). 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 Three Hundred Twenty Nine Thousand Six Hundred Eighty Nine Dollars ($329,689.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum
amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT
represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to
perform the Services.
All of the services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 3
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. 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. 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: Hexagon Transportation Consultants, Inc. for Traffic Analysis 4 North Second Street, Suite 400
San Jose, CA 95113
Callander Associates for Public Outreach 2025 Gateway Place, Suite 285 San Jose, CA 95110
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
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 4
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jason Mansfield
as the Associate to have supervisory responsibility for the performance, progress, and execution of the Services and Jason Yee 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 Ruchika Aggarwal, Office of Transportation, 250 Hamilton Ave, Palo Alto, CA 94301, Telephone: (650) 617-3136. 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.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 5
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
"D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrent-ly with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing
with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or
modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s 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: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 6
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance
of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303 With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 7
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 CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed
on a minimum of 30% or greater post-consumer content paper, unless otherwise
approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 8
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.
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.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 9
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.
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 [Reserved]
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.
SECTION 28. FEDERAL AID GRANT ASSURANCES. 28.1. Caltrans Funding Agreement. Pursuant to that certain agreement between
the City of Palo Alto and the California Department of Transportation (Caltrans) Division of Rail
and Mass Transportation, Service Contract No. 75LX335, as may be amended (referred to herein as the “Caltrans Funding Agreement” and incorporated herein by reference), CITY will receive federal funding through the Section 130 Grade Crossing Improvement Program on a reimbursement basis for the Project, including for the Services to be provided by CONSULTANT
under this Agreement. CONSULTANT shall not knowingly take, or knowingly fail to take, any
action that may cause CITY (or CITY contractors including CONSULTANT) to violate any provision of the Caltrans Funding Agreement.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 10
28.2. Indemnification of Caltrans. CONSULTANT shall indemnify, hold
harmless, and defend Caltrans to the same extent that CONSULTANT is obligated to indemnify,
hold harmless, and defend CITY under Section 16 of this Agreement. Caltrans and its officers, employees and agents shall each be an “Indemnified Party” as that term is used in Section 16. 28.3. Nondiscrimination. In addition to Section 22 of this Agreement,
CONSULTANT shall comply with the following: During the performance of this Agreement,
CONSULTANT shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.
CONSULTANT and subcontractors shall ensure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and subcontractors shall comply with the provisions of the Fair Employment
and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONSULTANT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other
Agreement. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 11
CONTRACT No. C21177400 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
BKF ENGINEERS
By:
Name:
Title:
By:
Name:
Title:
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: HOURLY RATES SCHEDULE EXHIBIT “D”: INSURANCE REQUIREMENTS
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Brian Scott
Principal/Vice President
Chief Financial Officer-
Jean Chen
Professional Services Rev. April 23, 2020 12
EXHIBIT “A” SCOPE OF SERVICES
A. Project Description and Background
The California Department of Transportation Division of Rail, in cooperation with the Peninsula
Corridor Joint Power Board (JPB) and City of Palo Alto (City), has proposed a railroad crossing
improvement project at Churchill Ave and Alma Street in Palo Alto to enhance safety.
Improvements will be designed and implemented by the City in the City’s right of way, and by
the JPB in the JPB’s right of way. The two agencies will need to coordinate their respective
work. Consultant will perform the services described in Section B of this Exhibit to implement
the project improvements that the City is responsible for performing. This project will be
federally funded under the Railway-Highway Crossings (Section 130) Program for the
elimination of hazards at railway-highway crossings.
1. Location and Summary of Existing Condition
The railroad crossing at Alma Street and Churchill Avenue is a three-lane roadway
with two eastbound lanes and one westbound. The two eastbound lanes consist of
one combined through/left turn lane and a dedicated right turn lane. Palo Alto high
school is located in the northwest quadrant of the intersection. There is also a bicycle
lane through the crossing for eastbound traffic. A westbound bicycle lane starts just
outside of the crossing in the northwest quadrant.
The rail crossing is a double-track crossing of the Caltrain mainline and there are
currently 96 trains per day passing by this intersection at speeds up to 79 miles per
hour (mph).
The crossing has a Commission Standard 9-A (additional flashing lights on a mast
arm) for eastbound traffic and a Commission Standard 9 (flashing light signals with
automatic gates) for westbound traffic. There are full pedestrian treatments in all four
quadrants, consisting of Commission Standard 9 pedestrian gates, exit swing gates,
channelization, and tactile strips. The crossing has a concrete panel crossing
surface.
The Alma Street and Churchill Avenue intersection is located immediately east of the
crossing. The traffic signals are interconnected with advance railroad preemption.
There is enough storage space for one vehicle between the intersection and the
railroad tracks.
This crossing experiences a large volume of bicycle traffic during the morning and
afternoon school commute hours. The existing sidewalk and roadway intersection is
near capacity when accommodating the large number of bicyclists using this
intersection in that most bicyclists have to mix with vehicular traffic resulting in an
uncomfortable situation for pedestrians, bicyclists, and vehicles.
Potential widening of the sidewalk would provide larger waiting space in the
northeast quadrant for pedestrians and bicyclists.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 13
In addition, eastbound motorists often queue within the train crossing envelope, due
to the small storage space. Installing a pre-signal will better keep motorists outside of
the dynamic envelope.
2. Required Intersection Improvements
The California Public Utilities Commission (CPUC) Rail Crossing Engineering
Section made final recommendations for the safety improvements to be funded
under the Section 130 program at the Alma/Churchill at-grade railroad crossing,
based on recommendations developed by a diagnostic team that analyzed the
existing conditions with respect to vehicular travel, bicycle travel, pedestrian
pathways, and rail traffic.
While some of elements below already exist with another recent project at this
crossing, the Section 130 required improvements include, but are not limited to the
following:
i. Install a pre-signal in the southeast quadrant for eastbound traffic.
ii. Install R13A (CA) “No Right Turn on Red” sign in the southwest quadrant
for eastbound traffic.
iii. Install pedestrian improvements in the northwest and northeast
quadrants, including widening the sidewalks.
iv. Install three new curb ramps in the northeast and northwest corners of the
Churchill Ave and Alma St intersection.
v. Install new crosswalks for the north and east legs of the Churchill Ave and
Alma St intersection.
vi. Install fencing in the northwest quadrant between Churchill Ave and the
sidewalk.
vii. Replace and Relocate the traffic signals in the northeast and northwest
quadrants of the Churchill Ave and Alma St intersection.
viii. Install a new traffic signal head in the southeast quadrant.
ix. Update and modify signal phasing and timing
x. Install new street lighting.
xi. Relocate utilities in the northeast and northwest quadrants including gas
lines, utility boxes, and utility poles.
All modifications shall be in accordance with the CAMUTCD, and CPUC General
Guidelines.
3. Project Coordination
In addition to coordinating work on this project with the JPB, a separate City project
is underway that will require coordination. The City is concurrently working on a
design for the Churchill Avenue Enhanced Bikeway Project Improvements. The
project limits of this bicycle safety project begin west of the tracks, along the north
side, and continue up towards El Camino Real. Working closely and coordinating the
design of this Alma/Churchill project with the project designer for the bicycle safety
project is required to make sure that the design does not cause a conflict with either
project.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 14
B. SCOPE OF WORK:
1. Task One: Concept Plan Lines & Project Approvals
A. Consultant shall complete all tasks required to finalize the conceptual design of
permanent pedestrian improvements along Churchill Avenue (some improvements
shown on the concept plan included with the RFP, and also shown in the Proposed
Innovations section of Consultant’s proposal). Together with the conceptual design,
Consultant shall provide a preliminary cost estimate and renderings.\
B. Consultant shall conduct any potholing required in order to verify any utility relocations
that might be required as a result of a new signal pole foundation on the southeast
corner of the intersection. Utility identification and survey is included in Task Two.
C. Consultant shall prepare a traffic analysis to evaluate the implications of the proposed
improvements using the existing traffic volumes and model (with train preemption).
Results and evaluation will include:
i. Traffic signal’s operational Level of Service (LOS). This analysis shall include
an evaluation of the AM and PM peak hours for the existing and proposed
configuration, and identify any potential degradation of the intersection by any
of the above improvements.
ii. Queue lengths for vehicles, bicycles, and pedestrians.
iii. Signal phasing and timing opportunities.
This analysis shall be reported in the form of a Technical Memorandum.
D. Consultant shall prepare outreach and presentation materials, and meeting notices for
either virtual meetings or in-person meetings with the following groups: Palo Alto
residents/community, Palo Alto Unified School District and JPB Staff. The Consultant
team will be comprised of individuals who together demonstrate a strong history of
working cooperatively and successfully with each of these group. The proposed roadway
changes should at a minimum incorporate the scope of work described above. The
meetings with Palo Alto residents/community will include:
i. Public Outreach Meeting #1 will present a range of potential improvements. The
purpose of this first meeting is to educate the community on the project
objectives, solicit site-specific feedback on existing issues, and understand
existing community concerns.
ii. Public Outreach Meeting #2 will present plan alternatives. The purpose of this
second meeting is to report back to the community the existing community
concerns, educate the community about the plan alternatives, and solicit
feedback on development of a preferred alternative. After final development of
the concept plan alignment, the Consultant shall begin coordination with JPB to
seek any design exceptions and appropriate permits required for the
implementation of the project.
iii. Public Outreach Meeting #3 will present the preferred concept plan. The
purpose of this third meeting is to report back to the community their feedback on
the alternatives, educate the community about the preferred concept plan, and
solicit input on design refinements.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 15
E. Following receipt of City, JPB and all other staff/agency comments and revisions, the
Consultant shall present the conceptual design for review and approval by the Palo Alto
Pedestrian and Bicycle Advisory Committee (PABAC) and the Planning and
Transportation Commission. The City will be responsible for scheduling these meetings.
Following PABAC and Planning and Transportation Commissions’ recommendations,
the Consultants shall present the conceptual design for review and approval by the City
Council (if needed). The proposed project is categorically exempt from the requirements
of the California Environmental Quality Act, as amended (California Public Resources
Code 21084). No further environmental review will be required.
F. Consultant shall also serve as a scribe at all meetings described above and provide the
City with meeting notes and action items following each meeting.
Task One Deliverables include the following items:
i. Outreach Plan
ii. Assumed total of up to 12 meetings.
iii. Traffic Memorandum
iv. 35% Design (finalize concept plan lines)
v. Illustrative project drawings/renderings (a single 3D visual simulation, if needed),
presentation materials and preparation of staff reports necessary to convey the
conceptual designs to the public and decision-makers
vi. Preliminary cost estimates
Task Two: Development of Plans, Specifications, and Engineer’s Estimate
A. After City Council approval (if required), Consultant shall prepare final design plans,
specifications, and engineer’s estimates for construction of the project, based on the
approved conceptual design. Improvement plans shall include necessary all required
civil details prepared by a Registered Professional Civil Engineer with good standing
with the State of California. Proposed improvements may include, but are not limited to,
the following types of elements: surveying, traffic signal modifications, traffic operations
analysis, street lighting improvements, roadway resurfacing, sidewalk realignment and/or
widening, drainage improvements, utility relocations, signage and striping, traffic calming
elements, way-finding, and rail improvements , temporary construction easements,
pedestrian safety and any required surveying to properly analyze and design the project.
Project Specifications shall be consistent with Palo Alto Standard Specifications. During
plan development, the Consultant shall provide 50% and 100% plans and engineer’s
estimates based on the improvement plans and comparable bids for similar projects to
ensure the project remains within the project budget.
B. Consultant Team shall prepare its own survey and potholing to properly analyze the
project area in order to prepare accurate design plans for construction. The City will
make available any survey and CAD files prepared as part of past studies (if available).
Consultant shall prepare the following:
i. A Boundary Survey will be prepared in conformance with the requirements of the
Professional Land Surveyors’ Act. (CA Business & Professions Code Chapter 15
– Article 1). The boundary information will be limited to the right of way lines of
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 16
Alma St, Churchill Ave and the JBP boundary in the project area as defined in
the RFP.
ii. A Topographic Survey will be prepared to document the existing conditions of the
site defined in the RFP. A combination of conventional surveying methods will
be utilized in all areas up to the JPB boundary, with 3d scanning technology
being employed within the JPB boundary. The 3d scanning will provide the ability
to gather topographic data without having to be within the JPB boundary.
All site features will be located within the project limits including the existing fences,
driveways, curb, gutter and sidewalks, buildings and sheds, spot grades, parking stalls,
trees, parking signage posts, walls, tracks and visible surface utilities and USA paint and
visible Storm and Sanitary sewer structures and inverts of pipes.
Vertical Control – After horizontal control has been established, in the boundary task
above, a level loop will be performed for vertical control (elevations). The vertical datum
for the project will be NAVD 88 (North American Vertical Datum of 1988) or the City of
Palo Alto datum.
Utility investigation services will be performed using industry acceptable methods,
including Ground Penetrating Radar (GPR) to determine the approximate horizontal
position and count of existing utilities within the areas designated by the client. Field
crews will use a combination of water-based paint and pin flags (in the appropriate
APWA color) to mark the results of investigation on the ground surface. Available utility
record information will be compared with the results of field investigation services to
attempt to map all underground utilities. Utilities not identifiable due to lack of utility
record information or above ground appurtenances will be marked with pink paint on the
ground surface and annotated as “Unknown” on the project deliverables.
At locations where pole foundations will be proposed, a potholing budget has been
included. It is assumed, for budgeting purposes, that a maximum of 5 potholes would be
required.
C. Meetings with City and JPB staff for the review of design plans, specifications and
construction staging shall be held virtually on a regular basis. The City will be
responsible for securing community and project team meeting facilities. The Consultant
shall be responsible for the preparation of all outreach materials, including media ads to
be coordinated for publication by the City, meeting notice flyers for mailing to residents
by the City, and community meeting presentations. The Consultant shall also serve as a
scribe at all community meetings and provide the City with meeting notes and action
notes within 5- business days of each meeting.
The Consultant should plan on the following meeting schedule (all held virtually) to
successfully develop the final project plans (up to 12 meetings during task 1 and up to 6
meetings during task 2):
i. Monthly coordination meetings with City and JPB staff
ii. Attend two (2) community outreach meetings
iii. One (1) Palo Alto Bicycle Advisory Committee meetings,
iv. Two (2) Palo Alto Unified School District meetings
v. One (1) City-School Traffic Safety Committee meeting
vi. One (1) PTC meeting
vii. One (1) City Council meeting.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 17
Public Outreach Meeting #4 will present 50% design level plans. The purpose of this
meeting is to report back to the community their feedback on the preferred plan and
show how the current design reflects the community feedback.
Deliverables for Task Two include the following items:
i. 50% PS&E Design Packages (24”x36” size plans, up to 10 sets, soft copy in pdf
format)
ii. 100% PS&E Bid Package (24”x36” size plans, 5 sets, soft copy in pdf format)
iii. Technical Project Specifications
iv. 50% and 100% Engineers Cost Estimate
v. Procurement of all necessary permits to allow for the construction of the project
Task Three: Alternative Concept Plan Line
A. Consultant shall prepare a conceptual design of an alternate scenario to include the
pedestrian crossing along Churchill Avenue and other similar alternatives such as
eliminating the Alma right turn pocket. The results of this task may be required
concurrent with Task One at City’s request.
Deliverables include the following items:
i. 35% Design (alternative concept plan lines)
ii. Illustrative drawings and presentation materials and preparation of staff reports
necessary to convey the conceptual designs to the public and decision-makers
iii. Preliminary cost estimates
Task Four: Construction Support Services
A. Consultant shall provide design support services to assist the City in the implementation
of the construction phase. Tasks include, but are not limited to: City’s selected
construction contractor’s submittal review/approval, responding to RFI’s and resolving
any design conflicts/changes.
Optional Tasks:
The following are not included in this basic Scope of Services, but may be added as additional
services at City’s request, and subject to negotiation of a fee and amendment of this Agreement
if additional compensation is required.
A. Visual Simulation: Prepare an additional computer generated schematic-level visual
simulation to illustrate spatial relationships and help community members better
visualize proposed improvements.
B. On-line Surveys: Prepare an on-line survey as part of Task One to solicit community
feedback on the developing plan concepts and summarize results in input summary
memo.
C. Green Infrastructure: The incorporation of green infrastructure in this project is not
shown on the concept plan included with the RFP. Without knowing what elements of
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 18
green infrastructure might be included, if at all, the budget cannot be estimated for this
optional service. Options and alternatives can be identified and evaluated and then
designed as part of this optional service.
D. Street lighting and Rule 20 undergrounding: Street lighting at the intersection and
crossing is included in the basic Scope of Services above. Without knowing what
extents of street lighting along Churchill might be included, if at all, the budget cannot be
estimated for this optional service. Options and alternatives can be identified and
evaluated and then designed as part of this optional service for undergrounding or street
lighting along Churchill.
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 19
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.
Milestones Completion No. of Days/Weeks From NTP
1. Concept Plan Lines & Project Approvals September 2021
2. Development of Plans, Specifications & Engineers Estimate September 2022 3. Alternative Concept Plan Line September 2022
4. Construction Support Services March 2024
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 20
EXHIBIT “C” COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule
attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for
Basic Services, including reimbursable expenses, and the total compensation for Additional
Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $ 45,472.00
(Concept Plan Lines & Project Approvals) Task 1C $25,850.00 (Traffic Analysis by subconsultant, Hexagon)
Task 1D $40,187.00 (Public Outreach by subconsultant, Callander Associates)
Task 2 $135,912.00
(Development of Plans, Specifications & Engineers Estimate) Task 3 $ 16,794.00
(Alternative Concept Plan)
Task 4 $ 18,144.00 (Construction Support Services)
Sub-total Basic Services $282,359.00
Reimbursable Expenses $ 4,327.00
Total Basic Services, and Reimbursable expenses $286,686.00
Additional Services (Not to Exceed) $ 43,003.00
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 21
Maximum Total Compensation $329,689.00 REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees.
All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum
compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 22
EXHIBIT “C-1” HOURLY RATES SCHEDULE
Job Positions Hourly Rate
Associate $219
Project Manager $209
Project Engineer 157
2-Person Survey $295
Project Surveyor $157
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 23
EXHIBIT “D” INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
DocuSign Envelope ID: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Professional Services Rev. April 23, 2020 24
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: AF690580-99DF-44FA-8C58-A7FAEFC1C0B0
Certificate Of Completion
Envelope Id: AF69058099DF44FA8C58A7FAEFC1C0B0 Status: Completed
Subject: Please DocuSign: C21177400 BKF - Legal Reviewed with Section 28v.2.pdf
Source Envelope:
Document Pages: 24 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Terry Loo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Terry.Loo@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
9/9/2020 3:53:14 PM
Holder: Terry Loo
Terry.Loo@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
Brian Scott
bscott@bkf.com
Principal/Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 50.209.179.1
Sent: 9/9/2020 3:55:45 PM
Viewed: 9/9/2020 3:56:29 PM
Signed: 9/9/2020 3:58:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jean Chen
jchen@bkf.com
Chief Financial Officer-
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 206.169.98.234
Sent: 9/9/2020 3:58:23 PM
Viewed: 9/9/2020 4:24:24 PM
Signed: 9/9/2020 4:24:57 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
Ruchika Aggarwal
Ruchika.Aggarwal@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Sent: 9/9/2020 4:25:01 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Jason Mansfield
jmansfield@bkf.com
Security Level: Email, Account Authentication
(None)
Sent: 9/9/2020 4:25:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sarah Wilson
Sarah.Wilson@CityofPaloAlto.org
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 9/9/2020 4:25:03 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 9/9/2020 4:25:03 PM
Certified Delivered Security Checked 9/9/2020 4:25:03 PM
Signing Complete Security Checked 9/9/2020 4:25:03 PM
Completed Security Checked 9/9/2020 4:25:03 PM
Payment Events Status Timestamps
City of Palo Alto (ID # 11562)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/28/2020
City of Palo Alto Page 1
Council Priority: Climate/Sustainability and Climate Action Plan
Summary Title: Approval of the 2019 Annual Power Source Disclosure
Reports
Title: Adoption of a Resolution Approving and Attesting to the Veracity of the
City's 2019 Annual Power Source Disclosure and Power Content Label
Reports
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) approving the City’s
two Power Source Disclosure reports for 2019 (attached as Exhibit A in Attachment A) and
attesting to their veracity.
Background
Senate Bill 1305 (SB 1305) was approved in 1997 to ensure that all retail suppliers of electricity
disclose to consumers the sources of energy used to provide electric service in an accurate,
reliable and easy to understand manner. The SB 1305 Report is commonly referred to as the
Power Source Disclosure (PSD) report, which shows the City’s electric portfolio purchases for
the prior calendar year. The City of Palo Alto normally submits an annual PSD Report to the
California Energy Commission (CEC) by June 1st of each year; however, due to the Covid-19
pandemic, in 2020 the CEC extended the PSD Report deadline (for all retail electricity suppliers)
to July 20th. The information contained in the PSD report also contains the fuel mix for the City’s
retail electricity sales for the prior year, which is used to prepare the City’s annual Power
Content Label (PCL). The City mails the PCL to the City’s customers, and posts it on the City’s
website by October 1st of each year at
https://www.cityofpaloalto.org/gov/depts/utl/residents/resources/pcm/power_content_label.
asp and on the CEC’s website at https://www.energy.ca.gov/programs-and-
topics/programs/power-source-disclosure/power-content-label.
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Discussion
In 2017, the CEC updated the regulation1 implementing SB 1305, making the changes
retroactively effective in October 2016. One of the changes required utilities to engage a third-
party certified public accountant to perform an audit to verify the specific purchases, resales,
and self-consumption of energy by fuel type, but included an exemption for publicly owned
electric utilities, if the Council formally attested to the veracity of the annual report.
In Palo Alto’s case, this meant that the PSD report for the City’s standard power mix could be
approved by the City Council, as described above. However, the City’s voluntary PaloAltoGreen
product, which is available to all commercial customers and allows them to pay a small
premium in order to receive a power supply comprising only wind and solar generation, was
subject to the audit requirement. (The third-party certified public accountant that the City hired
to perform the audit, Lakeshore Global, approved the City’s PSD report for the 2018
PaloAltoGreen program in November 2019.) A May 2020 update to the CEC regulation2
implementing SB 1305 now allows the City Council to attest to the veracity of each PSD report
and PCL for the previous year, and avoid having to hire a third-party auditor to review the PSD
report for the 2019 PaloAltoGreen product.
The PSD report submissions for both the standard Carbon Neutral product and the
PaloAltoGreen product are prepared by the Northern California Power Agency (NCPA), a joint
powers agency of which Palo Alto is a member. The draft PSD reports are then checked by
multiple City staff members against the City’s account in the Western Renewable Energy
Generation Information System (WREGIS), where the City tracks its renewable and carbon-free
energy. The PaloAltoGreen renewable energy supplies are then verified by a third-party verifier,
in order to achieve Green-e certification for the program.
In 2019, CPAU’s hydroelectric generation was above long-term average levels, after the state
experienced relatively wet years in 2017 and 2018. Because of this, along with steady declines
in the City’s annual load in recent years, and with five new utility-scale solar projects that came
online in the past few years, Palo Alto had a significant overall surplus of energy. Utilities
Department staff sold this excess generation (216,000 MWh) as renewable energy to other
utilities, yielding over $3.5 million in revenue to offset other supply purchase costs. As a result
of these renewable energy sales, the share of the City’s standard power mix that comes from
eligible renewables sources was lower in 2019 (36.3%) than in 2018 (65%). However, as noted
earlier, the City’s power supply remained carbon neutral in 2019 in accordance with the City’s
Council-adopted Carbon Neutral Plan (Staff Report 11556). (Note that the power mix
percentages listed in the PSD reports to the CEC reflect the total energy the City purchased
during the prior calendar year, as opposed to the information on the PCL for consumers, which
1 “Power Source Disclosure Program Regulations,” California Energy Commission, CEC-300-2017-048, October
2016. http://docketpublic.energy.ca.gov/PublicDocuments/14-OIR-
01/TN216978_20170412T103905_Power_Source_Disclosure_Program_Amended_Regulations.pdf.
2 California Code of Regulations Title 20, Sections 1394.2(a)(2).
https://efiling.energy.ca.gov/GetDocument.aspx?tn=232986&DocumentContentId=65451.
City of Palo Alto Page 3
displays the City’s retail electricity sales during the prior calendar year.)
Utilities Department staff submitted the City’s annual PSD report for calendar year 2019
(attached as Exhibit A in Attachment A) to the CEC in July 2020, along with the associated staff
attestation form. Staff subsequently submitted an updated set of annual PSD reports to the CEC
after Utilities staff discovered a minor clerical error with the original submission. The 2019 PCL
will be mailed to each electric utility customer as a bill insert and posted on the City’s website in
October 2020, in accordance with the regulation. The attached resolution (Attachment A)
approves the annual PSD reports for both the standard power mix and the PaloAltoGreen
product and provides the attestation to the veracity of all of the reports as required for
exemption from the third-party audit requirement.
Staff anticipates submitting the City’s annual PSD report for calendar year 2020 to the CEC
around June 2021 and providing the 2021 PCL to electric customers around September 2021.
Resource Impact
Adoption of the attached resolution will not result in a financial impact to the City.
Policy Implications
Adoption of the attached resolution will enable the City to comply with the CEC regulation
implementing SB 1305 (California Code of Regulations, title 20, sections 1391 to 1394).
Environmental Review
Adoption of the attached resolution is not subject to California Environmental Quality Act
(CEQA) review as an administrative government activity that will not result in any direct or
indirect physical change to the environment as a result (CEQA Guidelines section 15378(b)(5)).
Attachments:
• Attachment A: Resolution Approving 2019 Power Source Disclosure Reports
*NOT YET APPROVED*
6055424
Resolution No. _______
Resolution of the Council of the City of Palo Alto Approving and
Attesting to the Veracity of the City’s 2019 Power Source
Disclosure and Power Content Label Reports
R E C I T A L S
A.The California Legislature adopted Senate Bill 1305 in 1997 to ensure that all retail
suppliers of electricity, including the City of Palo Alto, disclose to consumers the sources of energy
used to provide electric service in an accurate, reliable and easy to understand manner.
B.The SB 1305 Report is commonly referred to as the Power Source Disclosure (PSD)
report, which shows the City’s electric portfolio purchases for the prior calendar year, as well as
the fuel mix for the City’s retail electricity sales for the prior calendar year.
C.The information contained in the PSD report is used to prepare the City’s annual
Power Content Label (PCL), which discloses the fuel mix of the City’s retail electricity sales during
the prior calendar year, as well as the fuel mix for the state as a whole, and which is mailed to
the City’s electric utility customers via a bill insert every October.
D.California Code of Regs., title 20, sections 1394.2(a)(2), updated by the California
Energy Commission effective May 2020, allows the City Council to attest to the veracity of each
PSD report and PCL for the previous year, including the reports for Palo Alto’s voluntary
PaloAltoGreen product, which is provided to commercial customers who participate in the
PaloAltoGreen program.
E.The PSD report submissions for both the City’s standard carbon neutral power
portfolio, and the City’s PaloAltoGreen product are prepared by the Northern California Power
Agency (NCPA), a joint powers agency of which Palo Alto is a member. The draft PSD reports are
then checked by City staff against the City’s account in the Western Renewable Energy
Generation Information System (WREGIS), where the City tracks its renewable and carbon-free
energy. The PaloAltoGreen renewable energy supplies are then verified by a third-party verifier,
in order to achieve Green-e certification for that program.
F.In July 2020, Utilities Department staff submitted the 2019 Annual PSD reports for
both the City’s standard carbon neutral portfolio and the PaloAltoGreen program, to the Energy
Commission in accordance with the applicable regulations. Staff submitted an updated set of
2019 Annual PSD reports to the Energy Commission in August 2020.
Attachment A
*NOT YET APPROVED*
6055424
The Council of the City of Palo Alto (“City”) RESOLVES as follows:
SECTION 1. The City Council approves the submission and attests to the veracity of the
2019 Annual Power Source Disclosure and Power Content Label Reports for the City’s standard
carbon neutral portfolio, and for the City’s voluntary PaloAltoGreen program (attached as Exhibit
A to this resolution) which staff submitted to the California Energy Commission in August 2020.
SECTION 2. The Council finds that the adoption of this resolution is not subject to
California Environmental Quality Act (CEQA) review because it is an administrative government
activity that will not result in any direct or indirect physical change to the environment (CEQA
Guidelines section 15378(b)(5)).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ _______________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ _______________________
Assistant City Attorney City Manager
___________________________
Director of Utilities
___________________________
Director of Administrative Services
Version: May 8, 2020
Name James Stack
Title Senior Resource Planner
Mailing Address 250 Hamilton Ave., 3rd Floor
City, State, Zip Palo Alto, CA 94301
Phone (650) 329-2314
E-mail james.stack@cityofpaloalto.org
Website URL for PCL
Posting www.cityofpaloalto.org/PowerContentLabel
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the
Annual Report to PSDprogram@energy.ca.gov. Remember to complete the Retail Supplier
Name, Electricity Portfolio Name, and contact information above, and submit separate
reports and attestations for each additional portfolio if multiple were offered in the previous
year.
NOTE: Information submitted in this report is not automatically held confidential. If your
company wishes the information submitted to be considered confidential an authorized
representative must submit an application for confidential designation (CEC-13), which can
be found on the California Energy Commissions's website at
https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office.
If you have questions, contact Power Source Disclosure (PSD) staff at
PSDprogram@energy.ca.gov or (916) 654-3954.
ELECTRICITY PORTFOLIO NAME
Standard Rate
CONTACT INFORMATION
City of Palo Alto Utilities
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source Disclosure
For the Year Ending December 31, 2019
Retail suppliers are required to use the posted template and are not allowed to make edits to
this format. Please complete all requested information.
GENERAL INSTRUCTIONS
RETAIL SUPPLIER NAME
Exhibit A
Version: May 8, 2020
861,561
880,044
-
18,483
8
-
880,035
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net
MWh
Procured N/A
Half Moon Bay (Ox Mountain) Biomass & biowaste CA W 2033 60022A 56895 43,474 19,424 24,050 23,545
Johnson Canyon LFG Biomass & biowaste CA W 3397 61353A 58397 10,422 4,589 5,833 5,711
Keller Canyon Biomass & biowaste CA W 2071 61298A 56897 14,939 6,502 8,437 8,260
San Joaquin LFG Biomass & biowaste CA W 3883 62433A 58436 30,653 13,872 16,781 16,429
Santa Cruz LFG Biomass & biowaste CA W 2014 61297A 56428 9,348 3,865 5,483 5,368
New Spicer Meadows Eligible hydro CA W 1260 61580A 54554 5,623 2,451 3,172 3,105
WAPA - Lewiston Eligible hydro CA W 1108 61044A 485 485 475
WAPA - Nimbus Eligible hydro CA W 1161 61045A 444 5,747 5,747 5,626
WAPA - Stampede Eligible hydro CA W 1177 61046A 7066 1,595 1,595 1,562
275 Cambridge Ave Parking Garage Solar CA W 5649 63982A 463 463 453
445 Bryant St. Parking Garage Solar CA W 5647 63610A 383 383 375
475 Campridge Ave Parking Garage Solar CA W 5650 63981A 491 491 481
520 Webster St. Parking Garage Solar CA W 5648 63611A 583 583 571
Crow Creek Solar (Frontier) Solar CA W 4962 62248A 60039 52,091 18,818 33,273 32,575
EE Kettleman - Land - Centaurus Solar CA W 4695 62422A 59633 53,502 18,635 34,867 34,135
Elevation Solar C (Big Sky 2) Solar CA W 5298 63192A 59964 110,990 44,962 66,028 64,642
Hayworth Solar (Lamont) Solar CA W 4719 62744A 59009 64,546 23,626 40,920 40,061
HP Inc - Palo Alto HQ Solar CA W 7686 64036A 355 355 348
Hydro Solar Solar CA W 1266 62543A 3 3 3
UUCPA (505 E. Charlestom Rd)Solar CA W 7382 63983A 218 218 213
Western Antelope Blue Sky Ranch B (Big Sky 4) Solar CA W 5300 61518A 59961 55,145 20,172 34,973 34,239
High Winds Wind CA W 229 60726A 56075 36,627 14,157 22,470 21,998
Shiloh Wind CA W 231 60488A 56362 37,460 25,035 12,425 12,164
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source Disclosure
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2019
City of Palo Alto Utilities
Standard Rate
Net Nuclear, Large Hydro &
Renewables
Retail Sales (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
Net Natural Gas
Net Coal & Other Fossil Fuels
Net Specified Procurement
(MWh)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report. Insert additional
rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For firmed-and-shaped imports, provide the EIA ID of the substitute power, not the generator ID of the RECs. For EIA IDs for unspecified power or specified system mixes from asset-controlling
suppliers, enter "unspecified", "BPA," "Powerex,", or "Tacoma" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to
calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified
power will be calculated automatically in cell L9. Unbundled RECs must not be entered on Schedule 1 ; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or
municipal street lighting. Amounts should be in megawatt-hours.
Version: May 8, 2020
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type Province WREGIS ID RPS ID REC Substitute Procured MWh Resold Procured MWh N/A
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type Province WREGIS ID RPS ID REC EIA ID Procured MWh Resold Procured MWh N/A
Collierville Large hydro CA W 1258, W 1259 54555 209,381 209,381 204,986
Gianelli Powerplant (units 2 and 6)Large hydro CA W 1162, W 1288 448 - -
WAPA - Folsom Large hydro CA W 1156 thru W 1158 441 52,091 52,091 50,997
WAPA - J.F.Carr Large hydro CA W 1164 442 17,176 17,176 16,815
WAPA - Keswick Large hydro CA W 1165 443 23,511 23,511 23,017
WAPA - New Melones Large hydro CA W 1159, W 1160 6158 54,059 54,059 52,924
WAPA - O'Neill Large hydro CA W 1167, W 1186 446 321 321 315
WAPA - Shasta Large hydro CA W 1168 thru W 1172 445 161,665 161,665 158,271
WAPA - Spring Creek Large hydro CA W 1174 450 24,339 24,339 23,828
WAPA - Trinity Large hydro CA W 1175, W 1176 451 18,457 18,457 18,069
City of Palo Alto COBUG Natural gas CA 57714 8 8 -
- -
- -
- -
- -
- -
- - PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net
MWh
Procured N/A
-
-
-
-
-
-
-
-
-
-
-
Version: May 8, 2020
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 312,338 36.3%
Biomass & Biowaste 59,312 6.9%
Geothermal - 0.0%
Eligible Hydroelectric 10,768 1.2%
Solar 208,096 24.2%
Wind 34,162 4.0%
Coal - 0.0%
Large Hydroelectric 549,223 63.7%
Natural gas - 0.0%
Nuclear - 0.0%
Other - 0.0%
Unspecified Power - 0.0%
Total 861,561 100.0%
861,561
0.0%
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source
for the year ending December 31, 2019
Standard Rate
Total Retail Sales (MWh)
Percentage of Retail Sales Covered by Retired Unbundled
RECs
City of Palo Alto Utilities
SCHEDULE 3: ANNUAL POWER CONTENT LABEL DATA
Instructions: No data input is needed on this schedule. Retail suppliers should use
these auto-populated calculations to fill out their Power Content Labels.
Version: May 8, 2020
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source Disclosure ATTESTATION FORM
for the year ending December 31, 2019
City of Palo Alto Utilities
Standard Rate
I, James A. Stack, Senior Resource Planner, declare under penalty of perjury, that the statements contained in this report including Schedules 1, 2, and 3 are true and correct and that I, as an authorized agent of City of Palo Alto Utilities, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specified purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail customers.
Name: James A. StackRepresenting (Retail Supplier): City of Palo Alto Utilities
Signature: __________________________________________________________Dated: August 19, 2020Executed at: Palo Alto, CA
Version: May 8, 2020
Name James Stack
Title Senior Resource Planner
Mailing Address 250 Hamilton Ave., 3rd Floor
City, State, Zip Palo Alto, CA 94301
Phone (650) 329-2314
E-mail james.stack@cityofpaloalto.org
Website URL for PCL
Posting www.cityofpaloalto.org/PowerContentLabel
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the
Annual Report to PSDprogram@energy.ca.gov. Remember to complete the Retail Supplier
Name, Electricity Portfolio Name, and contact information above, and submit separate
reports and attestations for each additional portfolio if multiple were offered in the previous
year.
NOTE: Information submitted in this report is not automatically held confidential. If your
company wishes the information submitted to be considered confidential an authorized
representative must submit an application for confidential designation (CEC-13), which can
be found on the California Energy Commissions's website at
https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office.
If you have questions, contact Power Source Disclosure (PSD) staff at
PSDprogram@energy.ca.gov or (916) 654-3954.
ELECTRICITY PORTFOLIO NAME
Palo Alto Green
CONTACT INFORMATION
City of Palo Alto Utilities
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source Disclosure
For the Year Ending December 31, 2019
Retail suppliers are required to use the posted template and are not allowed to make edits to
this format. Please complete all requested information.
GENERAL INSTRUCTIONS
RETAIL SUPPLIER NAME
Version: May 8, 2020
26,565
26,565
-
-
-
-
26,565
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured N/A
HP Inc - Palo Alto HQ Solar CA W 7686 64036A 260 260 260
445 Bryant St. Parking Garage Solar CA W 5647 63610A 5 5 5
Shiloh Wind CA W 231 60488A 56362 26,300 26,300 26,300
- -
- -
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type Province WREGIS ID RPS ID REC Substitute Procured MWh Resold Procured MWh Grandfathered
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type Province N/A N/A N/A EIA ID Procured MWh Resold Procured MWh N/A
- -
Net Nuclear, Large Hydro &
Renewables
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source Disclosure
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2019
City of Palo Alto Utilities
Palo Alto Green
Retail Sales (MWh)
Net Specified Procurement
(MWh)
Unspecified Power (MWh)
Procurement to be adjusted
Net Natural Gas
Net Coal & Other Fossil Fuels
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report. Insert additional
rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For firmed-and-shaped imports, provide the EIA ID of the substitute power, not the generator ID of the RECs. For EIA IDs for unspecified power or specified system mixes from asset-controlling
suppliers, enter "unspecified", "BPA," "Powerex,", or "Tacoma" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified
power will be calculated automatically in cell L9. Unbundled RECs must not be entered on Schedule 1 ; these products must be entered on Schedule 2. At the
bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or
municipal street lighting. Amounts should be in megawatt-hours.
Version: May 8, 2020
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 26,565 100.0%
Biomass & Biowaste - 0.0%
Geothermal - 0.0%
Eligible Hydroelectric - 0.0%
Solar 265 1.0%
Wind 26,300 99.0%
Coal - 0.0%
Large Hydroelectric - 0.0%
Natural gas - 0.0%
Nuclear - 0.0%
Other - 0.0%
Unspecified Power - 0.0%
Total 26,565 100.0%
26,565
0.0%Percentage of Retail Sales Covered by Retired Unbundled
RECs
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source
SCHEDULE 3: ANNUAL POWER CONTENT LABEL DATA
for the year ending December 31, 2019
City of Palo Alto Utilities
Palo Alto Green
Total Retail Sales (MWh)
Instructions: No data input is needed on this schedule. Retail suppliers should use
these auto-populated calculations to fill out their Power Content Labels.
Version: May 8, 2020
ANNUAL REPORT TO THE CALIFORNIA ENERGY COMMISSION: Power Source Disclosure ATTESTATION FORM
for the year ending December 31, 2019
City of Palo Alto Utilities
Palo Alto Green
I, James A. Stack, Senior Resource Planner, declare under penalty of perjury, that the statements contained in this report including Schedules 1, 2, and 3 are true and correct and that I, as an authorized agent of City of Palo Alto Utilities, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specified purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail customers.
Name: James A. StackRepresenting (Retail Supplier): City of Palo Alto Utilities
Signature: __________________________________________________________Dated: August 19, 2020Executed at: Palo Alto, CA
City of Palo Alto (ID # 11572)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/28/2020
City of Palo Alto Page 1
Summary Title: Amendment No. 2 to S20178094 with Management Partners,
Inc.
Title: Approval of Amendment Number 2 to Contract Number S20178094
With Management Partners, Inc., to Extend the Term Through March 31,
2021 and Increase Compensation by $85,000 for Procurement Advising
Services for a new Not-to-Exceed Amount of $170,000
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that the City Council authorize the City Manager or designee to execute
Amendment No. 2 (Attachment A) to Contract No. S20178094 with Management Partners, Inc.,
to extend the term through March 31, 2021 and increase the total not-to-exceed amount by
$85,000, bringing the total not-to-exceed amount to $170,000 for consultant services for the
City’s Purchasing and Contract Administration Division.
Background
The City’s Purchasing and Contract Administration Division is housed in the Administrative
Services Department and facilitates the sourcing, negotiation, and contracting needs of the City.
Support for the organization ranges from purchasing small dollar items (such as parts or
equipment), to multi-year capital projects (such as the California Avenue Parking Garage and
Public Safety Building), to complex agreements for general, professional, technology and other
services. The level of complexity for these projects requires technical expertise to navigate
through various analyses, strategies, laws, regulations, and policies.
Staff vacancies in the Purchasing and Contract Administration Division, including the Chief
Procurement Officer position, have been difficult to fill – which has not been made easier by
the COVID-19 pandemic. Recognizing the need for a qualified expert to advise Staff on complex
procurements and solicitations and other technical aspects of purchasing and to provide expert
advice on how the Division can more effectively manage workload, cycle time, and improve
overall business processes, Staff engaged Management Partners, Inc. to provide services in
these areas while the Chief Procurement Officer is recruited. The original contract had a total
not-to-exceed amount of $85,000 and was entered into on January 27, 2020 for a five-month
City of Palo Alto Page 2
term. An exemption to the solicitation process was granted under the Palo Alto Municipal Code
(PAMC) section 2.30.360(d) due to the qualifications and technical expertise of the firm’s
proposed special advisor for the engagement.
Discussion
Delays in the recruitment of the Chief Procurement Officer resulted in Amendment No. 1 to this
contract, extending the term from June 30, 2020 to December 31, 2020 at no added cost. While
the Division continues to actively work to fill this post, the above services continue to be
needed. Staff therefore recommends that City Council approve Amendment No. 2 to extend the
term of the contract through March 31, 2021 and to increase the total not-to-exceed amount to
$170,000. Based on Staff’s recruitment strategy for the Division, Staff anticipates that vacancies
will be filled by Spring 2021. Should staffing vacancies be filled prior to this timeline, Staff will
cease the services as allowed by the contract terms.
Resource Impact
Amendment No. 2 adds an additional $85,000 to the agreement with Management Partners,
Inc., bringing the total not-to-exceed amount to $170,000. Funding for this contract will be
absorbed by the Administrative Service Department’s FY 2021 Adopted Budget, specifically the
reallocation of vacancy savings from vacant management staffing in this division. No additional
appropriation is needed to fund this contract.
Stakeholder Engagement
The Purchasing and Contract Administration Division has worked with Management Partners
for the past several months and has obtained positive feedback from Departments on the firm’s
technical knowledge and friendly customer service approach.
Environmental Review
This contract is exempt from the California Environmental Quality Act (CEQA).
Attachments:
• Attachment A: Amendment No. 2 to Contract No. S20178094 Management Partners
Vers.: Aug. 5, 2019
Page 1 of 3
AMENDMENT NO. 2 TO CONTRACT NO. S20178094
BETWEEN THE CITY OF PALO ALTO AND
MANAGEMENT PARTNERS, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. S20178094 (the “Contract” as
defined below) is entered into as of September 21, 2020, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and MANAGEMENT PARTNERS, INC., an Ohio
Corporation, located at 2107 N. First Street, Suite 470, San Jose, CA 95131 (“CONSULTANT”). CITY
and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of providing special advisor services for the City’s Purchasing and Contract
Administration Division, as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the term of the
Contract through March 31, 2021 and to increase the total not‐to‐exceed amount of compensation
by Eight Five thousand dollars ($85,000), for a new total not‐to‐exceed amount of the Contract of
$170,000, as detailed herein.
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. S20178094 between
CONSULTANT and CITY, dated January 27, 2020, as amended by:
Amendment No. 1, dated June 27, 2020
b.Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2, “Term”, of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through
March 31, 2021 unless terminated earlier pursuant to Section 19 of this
Agreement.”
SECTION 3. Section 4, “Not to Exceed Compensation”, of the Contract is hereby amended
to read as follows:
DocuSign Envelope ID: 2CCD589D-1EDE-481A-AD9A-30FD9A3F4DBA Attachment A
Vers.: Aug. 5, 2019
Page 2 of 3
“The compensation to be paid to CONSULTANT for performance of the Services
described in Exhibit “A” (also referred to herein as the “Basic Services”), and
reimbursable expenses, shall not exceed One Hundred Seventy Thousand Dollars
($170,000.00). 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 One Hundred Seventy Thousand Dollars
($170,000.00). The applicable rates and schedule of payment are set out at Exhibit
“C‐1”, entitled “SCHEDULE OF RATES,” which is attached to and made a part of this
Agreement. Any work performed or expenses incurred for which payment would
result in a total exceeding the maximum amount of compensation set forth herein
shall be at no cost to the CITY.
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 per
Exhibit C. “Additional Services” shall mean any work that is determined by CITY to
be necessary for the proper completion of the Project, but which is not included
within the Scope of Services described at Exhibit “A”.”
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: 2CCD589D-1EDE-481A-AD9A-30FD9A3F4DBA
Vers.: Aug. 5, 2019
Page 3 of 3
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager (Contract over $85k)
APPROVED AS TO FORM:
City Attorney or designee
(Contract over $25k)
Contracts Administrator
(Checklist Approval)
MANAGEMENT PARTNERS, INC.
Officer 1
By:
Name: Jerry Newfarmer
Title: President and CEO
Officer 2 (Required for Corp. or LLC)
By:
Name: Amy C. Paul
Title: Vice President and Treasurer
DocuSign Envelope ID: 2CCD589D-1EDE-481A-AD9A-30FD9A3F4DBA
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 28, 2020
The Honorable City Council
Palo Alto, California
Designation of Voting Delegate for the League of California Cities
Annual 2020 Conference, to be Held Virtually October 7-9, 2020; and
Possible Direction to Delegate on League Resolution
The City Council should designate Vice Mayor DuBois as the voting delegate for the
2020 League of California Cities Annual Conference.
Recommendation
Staff recommends that Council direct the City Council-appointed voting delegate to
abstain on the resolution up for consideration at the annual LOCC conference taking
place virtually from October 7-9, 2020 as provided below.
Background
Each year at its annual conference, the League of California Cities (LOCC) accepts
resolutions from member cities and elected officials for approval by the membership.
The voting delegates determine whether to pass any resolutions during the general
assembly, scheduled for October 9, 2020. This year, one resolution was introduced.
In order to vote at the general assembly, the City Council must delegate a voting
delegate and could appoint up to two alternate voting delegates. At this time Council
Member DuBois has registered for the conference.
Attached for your review is the 2020 LOCC Annual Conference Resolution Packet.
(Attachment B). The packet contains the original language of the resolutions in their
current forms along with LOCC staff analysis and letters of support.
Discussion
The single resolution introduced this year is summarized below:
A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES
CALLING FOR AN AMENDMENT OF SECTION 230 OF THE COMMUNICATIONS DECENCY
ACT OF 1996 TO REQUIRE SOCIAL MEDIA COMPANIES TO REMOVE MATERIALS
WHICH PROMOTE CRIMINAL ACTIVITIES
Source: City of Cerritos
The City of Cerritos brings this resolution after recently spending thousands of dollars to
respond to threats of looting at its local mall, threats made on Instagram. Criminal
Page 2
threats on social media is not a new phenomenon; last year the Palo Alto Police
Department responded to threats of a school shooting made on Instagram. And in June
2020, San Mateo County responded to threats of looting in Redwood City made via
social media. Luckily, no violence occurred after either threat.
While many will use social media platforms for positive or neutral purposes, they can
also be used by those wishing to cause harm or dissent. This resolution would urge
Congress to remove the current liability immunity found in section 230 of the
Communications Decency Act for social media providers who publish third-party
content. The resolution would also require social media companies to; (1) implement
programs to identify and remove content soliciting criminal activity, and (2) provide
information to assist law enforcement in apprehending those who used social media to
solicit criminal behavior.
Current related action: In June 2020, President Trump issued an Executive Order
mandating regulators review section 230 to determine if it should be removed.
Discussion: The LOCC analysis notes that there are certain constitutional considerations
involved in the potential action of requiring the removal of social media content and
providing information to law enforcement. For example, the government mandating
companies moderate content raises First Amendment free speech issues. Mandating
companies release information regarding potential criminal activity without a warrant
raises Fourth Amendment probable cause issues. Additionally, the release of
information also leads to potential privacy concerns, especially if any of the information
is subject to a public record request once received by local government.
The LOCC analysis further notes that, were the federal law amended as suggested,
social media companies would “essentially police every conversation” on their platforms,
using their own subjective interpretation of what to censor. Indeed, a May 20, 2020
NPR article regarding removing the legal immunity for social media companies notes
that experts say “the most likely outcome” is “more censorship by major tech
companies.”
Financially, the LOCC analysis notes only theoretical fiscal impacts, as it’s impossible to
predict (1) if Congress would act based on LOCC adoption of the resolution, (2) what
actions companies might take as a result, and (3) how such actions might impact cities.
Certainly, if the section 230 immunity provisions were removed, social media companies
might decide to prevent the posting of any content that could appear criminal. This
could mean fewer, or no, threats requiring local law enforcement response, thus
avoiding costs associated with police staff time.
It could also mean posters intent on criminal activity share information through coded
words, thus avoiding the social media censors while still perpetuating the criminal
activity. In this case, law enforcement intervention may still occur, generating costs to
Page 3
cities. As it’s not possible to accurately determine all the potential courses of action and
reaction to this resolution, city staff cannot provide fiscal impact information.
Lastly, a thorough consideration of the potential implications involved with removing
section 230 requires grappling with questions regarding constitutional protections, local
government liability, privacy protection, and more. A few of those questions, from the
LOCC staff analysis and from City staff, are noted below. These are included here not
necessarily for Council to ponder, but rather, to demonstrate the complexity of the
issues raised by this resolution:
1. If Congress acts as requested in the resolution, what are the impacts related to
free speech, probable cause, and government censorship?
2. What are the expectations of cities when they receive information from a social
media company about a potential threat in their community? What about threats
to neighboring communities?
3. Does a city become liable for receiving such information and acting or not acting
if the threat becomes real?
4. Are there liability considerations involved with cities retaining private, and
possibly criminal, social media information, and is the information subject to a
public record request once accepted by a local government?
5. Would amending the law as described directly benefit residents and businesses
of Palo Alto? Do we take into consideration any impact on our residents who
work for technology companies that may drastically change their business
models as a result of amending the law? What of the technology businesses in
our city?
The City certainly has an interest in protecting the safety of its residents, as expressed
in one of the Foundational Principles found in Council’s adopted Legislative Guidelines.
However, it’s unclear if amending section 230 of the Communications Decency Act as
requested in the resolution would enhance safety, or if criminal actors would find a way
around any new laws.
It’s also unclear if the potential civil liberties issues raised might be more harmful than
the removal or lessoning of criminal threats, some of which will never translate to
action. As such, staff recommends the City adopt an abstain position, allowing the
current review by federal regulators to continue without asking Congress to also take
legislative action.
ATTACHMENTS:
• Attachment A: LOCC Voter Designation (PDF)
• Attachment B: 2020-Resolution-Packet-(1) (PDF)
Page 4
Department Head: Beth Minor, City Clerk
Annual Conference
Resolutions Packet
2020 Annual Conference Resolutions
October 7 – 9, 2020
INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that
resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, one resolution has been introduced for consideration at the Annual Conference and
referred to League policy committees. POLICY COMMITTEES: Two policy committees will meet virtually at the Annual Conference to consider and take action on the resolution referred to them. The committees are: Governance,
Transparency & Labor Relations and Public Safety. These committees will meet virtually on
Tuesday, September 29, with the Governance, Transparency and Labor Relations Policy Committee meeting from 9:30 – 11:30 a.m. and the Public Safety Policy Committee meeting from 1:00 – 3:00 p.m. The sponsor of the resolution has been notified of the time and location of the meeting. GENERAL RESOLUTIONS COMMITTEE: This committee will meet virtually at 1:00 p.m. on
Thursday, October 8, to consider the reports of the policy committees regarding the resolutions. This committee includes one representative from each of the League’s regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president.
GENERAL ASSEMBLY: This meeting will be held virtually at 11:00 a.m. on Friday, October 9. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by
designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:30 p.m., Thursday, October 8.
Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224
1
GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League’s seven standing policy
committees and the board of directors. The process allows for timely consideration of issues in a
changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions
should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference.
2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around
which more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and
board of directors.
(d) Amend the League bylaws (requires 2/3 vote at General Assembly).
2
KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
Number Key Word Index Reviewing Body Action
1 2 3
1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly
GOVERNANCE, TRANSPARENCY & LABOR RELATIONS POLICY COMMITTEE 1 2 3
1 Amendment to Section 230 of The Communications Decency Act of 1996
PUBLIC SAFETY POLICY COMMMITTEE 1 2 3
1 Amendment to Section 230 of The Communications Decency Act of 1996
3
KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN
1. Policy Committee
A Approve 2. General Resolutions Committee D Disapprove
3. General Assembly N No Action R Refer to appropriate policy committee for study ACTION FOOTNOTES a Amend+ * Subject matter covered in another resolution Aa Approve as amended+
** Existing League policy Aaa Approve with additional amendment(s)+ *** Local authority presently exists Ra Refer as amended to appropriate policy committee for study+
Raa Additional amendments and refer+
Da Amend (for clarity or brevity) and Disapprove+
Na Amend (for clarity or brevity) and take No Action+ W Withdrawn by Sponsor Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws. A helpful explanation of this process can be found on the League’s website by clicking on this
link: Resolution Process.
4
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR AN AMENDMENT OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 TO REQUIRE SOCIAL MEDIA COMPANIES TO REMOVE MATERIALS WHICH PROMOTE CRIMINAL ACTIVITIES
Source: City of Cerritos Concurrence of five or more cities/city officials Cities: City of Hawaiian Gardens, City of Lakewood, City of Ontario, City of Rancho Cucamonga, City of Roseville
Referred to: Governance, Transparency and Labor Relations and Public Safety Policy Committees WHEREAS, local law enforcement agencies seek to protect their communities’ residents, businesses, and property owners from crime; and WHEREAS, increasingly, criminals use social media platforms to post notices of places, dates and times for their followers to meet to commit crimes; and WHEREAS, Section 230 of the Communications Decency Act of 1996 currently
provides online platforms (including social media platforms) immunity from civil liability based
on third-party content and for the removal of content; and WHEREAS, in the 25 years since Section 230’s enactment, online platforms no longer function simply as forums for the posting of third-party content but rather use sophisticated algorithms to promote content and to connect users; and
WHEREAS, the United States Department of Justice, in its June 2020 report, “Section 230 — Nurturing Innovation or Fostering Unaccountability?,” concluded the expansive interpretation courts have given Section 230 has left online platforms immune from a wide array
of illicit activity on their services, with little transparency or accountability, noting it “makes
little sense” to immunize from civil liability an online platform that purposefully facilitates or solicits third-party content or activity that violates federal criminal law; and WHEREAS, current court precedent interpreting Section 230 also precludes state and local jurisdictions from enforcing criminal laws against such online platforms that, while not
actually performing unlawful activities, facilitate them; and WHEREAS, amendment of Section 230 is necessary to clarify that online platforms are not immune from civil liability for promoting criminal activities; and
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 9, 2020 in Long Beach, California, that the League calls upon the U.S. Congress to amend Section 230 of the Communications Decency Act of 1996 to condition immunity from civil liability on the following:
5
1. Online platforms must establish and implement a reasonable program to identify and take down content which solicits criminal activity; and 2. Online platforms must provide to law enforcement information which will assist in the identification and apprehension of persons who use the services of the platform to solicit
and to engage in criminal activity; and
3. An online platform that willfully or negligently fails in either of these duties is not immune from enforcement of state and local laws which impose criminal or civil liability for such failure.
6
Background Information to Resolution
Source: City of Cerritos
Background:
Social media platforms are now used as a primary means of communication, including by criminals who use them to advertise locations, dates, and times where the criminal acts will take place. Such communications, because they occur online, render the online platform immune from any civil liability for the costs incurred by law enforcement agencies that respond under
Section 230 of the Communications Decency Act of 1996. Immunity from civil liability extends
even to injunctive relief, thus preventing local governments from merely seeking an injunction against the online platform to have such a post removed.
The City of Cerritos supports the rights of free speech and assembly guaranteed under the First
Amendment, but believes cities should have the ability to hold social media companies liable for
their role in promoting criminal acts. Recently, the City suffered thousands of dollars in damages to respond to online threats that the Cerritos Mall would be looted. Anonymous posts on Instagram.com invited followers to “work together to loot Cerritos [M]all” only several days after the Lakewood Mall had been looted, causing thousands of dollars in damages. The posts
were made under the names “cerritosmalllooting” and “cantstopusall,” among others. The City of
Cerritos had no choice but to initiate response to protect the Mall and the public from this credible threat.
At the same time local governments face historic shortfalls owing to the economic effects of
COVID-19, the nation’s social media platforms are seeing a record rise in profits. The broad
immunity provided by Section 230 is completely untenable. Online platforms should be held responsible—and liable—for the direct harm they facilitate. Local governments are in no position to bear the costs of the crimes facilitated by these companies alone.
Congress is currently reviewing antitrust legislation and by extension, Section 230’s immunity
provisions. The League urges Congress to amend Section 230 to limit the immunity provided to online platforms when they promote criminal activity to provide local governments some measurable form of relief.
7
League of California Cities Staff Analysis on Resolution No. 1 Staff: Charles Harvey, Legislative Representative Bijan Mehryar, Legislative Representative Caroline Cirrincione, Policy Analyst
Johnnie Piña, Policy Analyst
Committees: Governance, Transparency and Labor Relations Public Safety Summary: This resolution states that the League of California Cities should urge Congress to amend Section 230 of the federal Communications Decency Act of 1996 (CDA) to limit the immunity provided to online platforms where their forums enable criminal activity to be promoted.
Ultimately, the policy objectives proposed under this resolution, if enacted, would incentivize
social media companies to establish and implement a reasonable program to identify and remove content that solicits criminal activity. Background: The City of Cerritos is sponsoring this resolution in reaction to events whereby persons, using social media platforms to coordinate locations, dates, and times for their planned criminal activity, have committed acts of looting and vandalism resulting in both actual economic harm for targeted businesses, and pecuniary loss to cities who used resources to prevent such acts from occurring when such plans are discovered.
For example, just days after the Lakewood Mall had been looted, the City of Cerritos uncovered online communications via social media that persons were planning to target the nearby Cerritos Mall. Consequently, the city felt compelled to undertake measures to protect the Cerritos Mall, costing the city thousands of dollars to guard against what officials believed to be a credible
threat.
Staff Comments: Overview: While there is certainly an argument to substantiate concerns around censorship, the use of social
media as a tool for organizing violence is equally disturbing.
Throughout much of the 2020 Summer, there have been many reports of looting happening across the country during what were otherwise mostly peaceful demonstrations. Combined with the speculation of who is really behind the looting and why, the mayhem has usurped the
message of peaceful protestors, causing a great deal of property damage in the process. Likewise, these criminal actions have upended the livelihood of some small business owners, many of whom were already reeling in the wake of the COVID-19 pandemic.
8
While social media allows people to connect in real time with others all over the world, organized illegal activity using social media is made easier by the anonymous nature of virtual interactions. Nation’s Reaction to the Murder of George Floyd:
Shortly after the senseless killing of George Floyd by law enforcement on May 26, 2020, civil
unrest began as local protests in the Minneapolis–Saint Paul metropolitan area of Minnesota before quickly spreading nationwide to more than 2,000 cities and towns across the United States, and in approximately 60 countries in support of the Black Lives Matter movement. Protests unfolded across the country throughout the entire month of June and into July, and
persisted in a handful of cities such as Portland and Seattle into the month of August. Although the majority of protests were peaceful, some demonstrations in cities escalated into riots, looting, and street skirmishes with police. While much of the nation’s focus has been on addressing police misconduct, police brutality, and systemic racism, some have used
demonstrators’ peaceful protests on these topics as opportunities to loot and/or vandalize
businesses, almost exclusively under the guise of the “Black Lives Matter” movement. It has been uncovered that these “flash robs”1 were coordinated through the use of social media. The spontaneity and speed of the attacks enabled by social media make it challenging for the police to stop these criminal events as they are occurring, let alone prevent them from commencing
altogether. As these events started occurring across the country, investigators quickly began combing through Facebook, Twitter, and Instagram seeking to identify potentially violent extremists, looters, and vandals and finding ways to charge them after — and in some cases before — they
sow chaos. While this technique has alarmed civil liberties advocates, who argue the strategy
could negatively impact online speech, law enforcement officials claim it aligns with investigation strategies employed in the past. Section 230 and other Constitutional Concerns
At its core, Section 230(c)(1) of the CDA provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by third-party users. Essentially, this protects websites from lawsuits if a user posts something illegal, although there are exceptions for copyright violations, sex work-related material, and violations of federal criminal law.
Protections from Section 230 have come under more recent scrutiny on issues related to hate speech and ideological biases in relation to the influence technology companies can hold on political discussions.
Setting aside Section 230, there are some potential constitutional issues one could raise, should there be an attempt to implement such a resolution into statute.
1 The “flash robs” phenomenon—where social media is used to organize groups of teens and young
adults to quickly ransack and loot various retail stores—began to occur sporadically throughout the United
States over the past ten years.
9
In the United States, the First Amendment prohibits the government from restricting most forms of speech, which would include many proposals to force tech companies to moderate content. While “illegal” types of speech enjoy limited or no First Amendment protection, the line for delineating between “legal” and “illegal” speech is very difficult to determine. Consequently, one would expect online platforms to push back on whether there is a constitutionally feasible
way for them to “identify” protected speech versus unprotected speech, or whether there is a
feasible way to define “content which solicits criminal activity.” A law requiring companies to moderate content based on the political viewpoint it expresses, for example, would likely be struck down as unconstitutional.
Nonetheless, private companies can create rules to restrict speech if they so choose. Online platforms sometimes argue they have constitutionally-protected First Amendment rights in their “editorial activity,” and therefore, it violates their constitutional rights to require them to monitor (i.e., “identify and take down”) content that may be protected under the First Amendment. They may also argue, along the same lines, that the government may not condition the granting of a
privilege (i.e., immunity) on doing things that amount to a violation of their first amendment
rights. This is why Facebook and Twitter ban hate speech and other verifiably false information, for example, even though such speech is permitted under the First Amendment. With respect to privacy and the Fourth Amendment, online platforms may argue that requiring
them to “provide to law enforcement information that will assist in the identification and apprehension of persons who use the services of the platform to solicit and to engage in criminal activity,” turns them into government actors that search users’ accounts without a warrant based on probable cause, in violation of the Fourth Amendment.
Industry Perspective
Unsurprisingly, industry stakeholders have strong opinions for what such changes could mean for their respective business models. For instance, a Facebook spokesperson recently noted in a Fortune article that, “By exposing
companies to potential liability for everything that billions of people around the world say, this
would penalize companies that choose to allow controversial speech and encourage platforms to censor anything that might offend anyone.” The article acknowledges that in recent years, both political parties have put social media companies under increased scrutiny, but they are not unified in their stated concerns. While
Republicans accuse the companies of unfairly censoring their post, Democrats complain that these companies fail to do enough to block misinformation, violent content, and hate speech. The article concludes that there is no way companies like Facebook and Twitter could operate
without Section 230, and that the removal of this section would thereby “eliminate social media
as we know it.” Recent Federal Action on Social Media The President recently issued an Executive Order on Preventing Online Censorship. In it, he
notes the following:
10
“The growth of online platforms in recent years raises important questions about applying the ideals of the First Amendment to modern communications technology. Today, many Americans follow the news, stay in touch with friends and family, and share their views on current events through social media and other online platforms. As a result, these platforms function in many ways as a 21st century equivalent of the public square.
Twitter, Facebook, Instagram, and YouTube wield immense, if not unprecedented, power to shape the interpretation of public events; to censor, delete, or disappear information; and to control what people see or do not see.”
Ultimately the President implores the U.S. Attorney General to develop a proposal for federal legislation that “would be useful to promote the policy objectives of this order.” The President is not subtle in communicating his desire to ultimately see legislation heavily slanted toward the preservation of free speech on social media, which some interpret as a maneuver to preempt Twitter and Facebook from regulating speech they otherwise deem as hateful or demonstrably
false.
Considerations for Congress Courts have generally construed Section 230 to grant internet service providers broad immunity for hosting others’ content. Many have claimed that Section 230’s immunity provisions were
critical to the development of the modern internet, and some continue to defend Section 230’s
broad scope. But simultaneously, a variety of commentators and legislators have questioned whether those immunity provisions should now be narrowed, given that the internet looks much different today than it did in 1996 when Section 230 was first enacted. One way for Congress to narrow Section 230’s liability shield would be to create additional
exceptions, as it did with FOSTA and SESTA2. If a lawsuit does not fall into one of the express exceptions contained in Section 230(e)3, courts may have to engage in a highly fact-specific inquiry to determine whether Section 230 immunity applies: Section 230(c)(1) immunity will be inapplicable if the provider itself has developed or helped to develop the disputed content, while
Section 230(c)(2) immunity may not apply if a service provider’s decision to restrict access to content was not made in good faith. Date Storage and Usage Considerations for Cities Section 2 of the conditions the resolution applies to civil immunity requires that online platforms
provide relevant information to law enforcement to assist in the identification and apprehension
of persons who use the services of the platform to solicit and to engage in criminal activity. This section would most likely require the development of new procedures and protocols that govern law enforcements usage and retention of such information. Those new policies and procedures would undoubtedly raise privacy concerns depending on how wide the latitude is for law
2 The Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA)
create an exception to Section 230 that means website publishers would be responsible if third parties
are found to be posting ads for prostitution — including consensual sex work — on their platforms.
3 Section 230(e) says that Section 230 will not apply to: (1) federal criminal laws; (2) intellectual property
laws; (3) any state law that is “consistent with” Section 230; (4) the Electronic Communications Privacy
Act of 1986; and (5) civil actions or state prosecutions where the underlying conduct violates federal law
prohibiting sex trafficking.
11
enforcement to request such information. In those circumstances cities could end up themselves incurring new liability for the governance of data that could either violate certain privacy rules or increase their data governance costs. Fiscal Impact:
Unlike the costly resources needed to support or oppose a ballot measure, a federal resolution
from the League of California Cities that simply urges Congress to undertake certain action should have a negligible fiscal impact, if any monetary impact at all. Regarding cities, if social media had no immunity for its failure to police content that solicits
criminal activity, then an individual city could theoretically save thousands if not millions of dollars, depending on its size and other subjective circumstances. Collectively, cities across the country could potentially save at least hundreds of millions between redress for actual economic harm suffered and/or the cost of preventative measures taken to stop criminal activity from occurring in the first place.
Conversely, if social media platforms were to shut down, due to an inability to comply with a policy requirement to regulate speech on the internet, it is unclear on how cities might be impacted from a fiscal standpoint.
Existing League Policy:
Public Safety:
Law Enforcement The League supports the promotion of public safety through:
• Stiffer penalties for violent offenders, and
• Protecting state Citizens’ Option for Public Safety (COPS) and federal Community Oriented Police Services (COPS) funding and advocating for additional funding for local agencies to recoup the costs of crime and increase community safety.
Violence The League supports the reduction of violence through strategies that address gang violence, domestic violence, and youth access to tools of violence, including but not limited to firearms, knives, etc.
The League supports the use of local, state, and federal collaborative prevention and intervention
methods to reduce youth and gang violence. Governance, Transparency & Labor Relations:
Private Sector Liability
The League will work closely with private sector representatives to evaluate the potential for
League support of civil justice reform measures designed to improve the business climate in California. These measures should be evaluated on a case-by-case basis through the League police process.
12
Questions to Consider: Many cities obviously believe that creating civil liability for social media platforms—due to their role in providing the communication mediums for those who organize looting attacks— is key to deterring this organized criminal activity.
If such a change was actually passed by Congress, it would force social media to essentially
police every conversation on stakeholders’ respective platforms, putting immense pressure on the industry to make subjective determinations about what conversations are appropriate and what are unacceptable.
At the end of the day, there are a few questions to consider in assessing this proposed resolution:
1) What would this resolution’s impact be on free speech and government censorship?
2) What are the expectations for cities when they receive information from a social media
platform about a potentially credible threat in their respective communities? Does a city become liable for having information from a social media platform and the threat
occurs?
3) What would the costs be to develop and maintain new data governance policies,
including data infrastructure, to store this information?
4) What is the role of the League in engaging in issues relating to someone’s privacy? Support: The following letters of concurrence were received:
City of Hawaiian Gardens City of Lakewood City of Ontario City of Rancho Cucamonga
City of Roseville
13
LETTERS OF CONCURRENCE
Resolution No. 1
Amendment to Section 230 of the Communications
Decency Act of 1996
14
15
16
17
18
19
CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
September 28, 2020
The Honorable City Council
Palo Alto, California
Authorization to Amend the Existing Agreement for Litigation Defense
Services With the Law Firm of Jarvis Fay & Gibson (Contract
S17168652) to Increase the Contract Amount by an Additional $15,000
for a Total Not-to-Exceed Amount of $130,000
Recommendation
The City Attorney recommends that the City Council approve and authorize an increase to the
legal services agreement with the law firm of Jarvis Fay & Gibson for litigation defense in the
case of John Tze and Edgewood SC v. City of Palo Alto, Santa Clara Co. Sup. Ct. Case No.
17CV309030 (Contract S17168652) by an additional $15,000 for a total not to exceed amount
of $130,000, and to extend the term to April 26, 2021.
Discussion
In April 2017, the City entered into an $85,000 legal services agreement with Jarvis Fay &
Gibson LLP for pre-litigation and initial litigation defense services in a Government Claims Act
claim and subsequently- filed civil suit John Tze and Edgewood SC v. City of Palo Alto, Santa
Clara Co. Sup. Ct. Case No. 17CV309030. In October 2019, the agreement was amended to add
$30,000 for a total of $115,000. The contract term was also extended to April 26, 2020. Staff
now recommends that the Council authorize an additional $15,000 for a total not to exceed
$130,000 and to extend the contract term to April 26, 2021 for continuing litigation defense.
Resource Impact
Funding for this amendment does not require additional budgetary authority as it can be
accommodated within the Office of the City Attorney’s budget for FY2021.
Environmental Review
Amendment of a legal services contract is not a project requiring environmental review under
the California Environmental Quality Act (CEQA).
Department Head: Molly Stump, City Attorney
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 28, 2020
The Honorable City Council
Palo Alto, California
SECOND READING: Interim Ordinance of the Council of the City of Palo
Alto Amending Chapters 18.28 (Special Purpose (PF, OS and AC
Districts) and 18.42 (Standards for Special Uses) of Title 18 (Zoning) of
the Palo Alto Municipal Code (PAMC) to Adopt Temporary Regulations
Relating to Safe Parking in PF Districts (FIRST READING: September 14
2020 PASSED: 7-0)
This was first heard by the Council on September 14, 2020, it is now before you for the second
reading. It passed on a vote of 7-0 with no changes.
ATTACHMENTS:
• Attachment A: 2000 Geng Road Ordinance (PDF)
Department Head: Beth Minor, City Clerk
Page 2
*NOTYETAPPROVED*
1
210_20200902_ts_24
OrdinanceNo._____
InterimOrdinanceoftheCounciloftheCityofPaloAltoAmendingChapters
18.28(SpecialPurpose(PF,OSandAC)Districts)and18.42(StandardsforSpecial
Uses)ofTitle18(Zoning)ofthePaloAltoMunicipalCode(PAMC)toAdopt
TemporaryRegulationsRelatingtoSafeParkinginPFDistricts
TheCounciloftheCityofPaloAltoORDAINSasfollows:
SECTION1.Findingsanddeclarations.TheCityCouncilfindsanddeclaresasfollows:
A. Thenumberofhouseholdsdwellinginvehicleshasgrownsubstantiallyinthepast
decade.Thelackofstable,affordablehousingandotherlifecircumstanceshave
contributedtothisgrowth.
B. Onthoroughfaresthroughoutthecity,individuals,families,andhouseholdsofmany
kindscanbefounddwellinginrecreationalvehicles,trucks,vans,cars,andother
motorizedvehicles.
C. TheCitymust,forthehealth,safety,andwelfareofthecommunity,identifyand
implementshortͲtermandlongͲtermsolutionsthatsupportthesehouseholdsasthey
pursueandultimatelysecureaffordable,stablehousing.Safeparkingprograms,which
offeroffͲstreet,authorizedparkingspotsinparkinglotsforhouseholdsdwellingintheir
vehicles,representashortͲtermsolution.
D. TheCountyofSantaClarahasexpressedadesireandwillingnesstohostsafeparking
programsonCitylandtoprovideassistancetohomelesshouseholdsastheyseekand
followapathtowardsstablehousing.
E. Thepresenceofthesevehiclesandtheaccompanyingadministrationofassistanceisa
minoradditionalusethatwouldnotconflictwiththeprimaryuseofthepropertiesnor
threatenthehealth,safety,orwelfareofthecommunityoritsinhabitants.The
administrationofsuchprogramsservestoenhancethehealth,safety,andwelfareof
thecommunity.
//
//
//
//
//
*NOTYETAPPROVED*
2
210_20200902_ts_24
SECTION2.Section18.28.040(LandUses)ofChapter18.28(SpecialPurpose(PF,OSandAC)
Districts)ofTitle18(Zoning)isherebyamendedasfollows(additionsareunderlined):
18.28.040LandUses
Table1showsthepermitted(P)andconditionallypermitted(CUP)landusesfortheSpecial
PurposeDistricts.
Table1
LandUses
PF OS AC Subject to
Regulations in
Chapter:
ACCESSORY AND SUPPORT USES
Accessory facilities and accessory uses P Chs. 18.40 and
18.42
Eating and drinking services in conjunction with a
permitted use
CUP(1)
Retail services as an accessory use to the
administrative offices of a non-profit organization,
provided that such retail services do not exceed 25% of
the gross floor area of the combined administrative
office services and retail service uses
CUP(1)
Retail services in conjunction with a permitted use CUP(1)
Sale of agricultural products produced on the premises;
provided, that no permanent commercial structure for
the sale or processing of agricultural products shall be
permitted.
P
Accessory dwelling units, subject to regulations in
Section 18.42.040
P(2) 18.42.040
Junior accessory dwelling unit P(2) 18.42.040
Safe Parking (3) 18.42.170
AGRICULTURAL AND OPEN SPACE USES
Agricultural Uses, including animal husbandry, crops,
dairying, horticulture, nurseries, livestock farming, tree
farming, viticulture, and similar uses not inconsistent
with the intent and purpose of this chapter
P P
*NOTYETAPPROVED*
3
210_20200902_ts_24
Botanical conservatories, outdoor nature laboratories,
and similar facilities
P
Native wildlife sanctuaries P
Park uses and uses incidental to park operation P
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business or trade schools CUP (1)
Churches and religious institutions CUP(1)
Educational, charitable, research, and philanthropic
institutions
CUP
Private educational facilities CUP(1)
Public or private colleges and universities and facilities
appurtenant thereto
CUP
Special education classes CUP (1)
OFFICE USES
Administrative office services for non-profit
organizations
CUP (1)
OTHER USES
Other uses which, in the opinion of the director, are
similar to those listed as permitted or conditionally
permitted uses
CUP(1)
PUBLIC/QUASI-PUBLIC FACILITY USES
All facilities owned or leased, and operated or used, by
the City of Palo Alto, the County of Santa Clara, the
State of California, the government of the United States,
the Palo Alto Unified School District, or any other
governmental agency, or leased by any such agency to
another party
P
Communication Facilities CUP
Community Centers CUP (1)
Utility Facilities CUP CUP CUP
*NOTYETAPPROVED*
4
210_20200902_ts_24
RECREATIONAL USES
Neighborhood recreation centers CUP (1)
Outdoor recreation services CUP (1) CUP
Recreational uses including riding academies, clubs,
stables, country clubs, and golf courses
CUP
Youth clubs CUP (1)
RESIDENTIAL USES
Single-family dwellings p
Manufactured housing (including mobile homes on
permanent foundations)
P 18.40.
Guest ranches CUP
Residential care facilities, when utilizing existing
structures on the site
CUP (1)
Residential Care Homes P
Residential use, and accessory buildings and uses
customarily incidental to permitted dwellings; provided,
however, that such permitted dwellings shall be for the
exclusive use of the owner or owners, or lessee or
lessor of land upon which the permitted agricultural use
is conducted, and the residence of other members of
the same family and bona fide employees of the
aforementioned
P
SERVICE USES
Animal care, including boarding and kennels CUP CUP
Cemeteries CUP
Cemeteries, not including mausolea, crematoria, or
columbaria
CUP
Small day care homes P
Large day care homes CUP
Art, dance, gymnastic, exercise or music studios or
classes
CUP (1)
*NOTYETAPPROVED*
5
210_20200902_ts_24
Medical Services:
Hospitals CUP
Outpatient medical facilities with associated medical
research
CUP
TEMPORARY USES
Temporary parking facilities, provided that such facilities
shall remain no more than five years
CUP (1)
TRANSPORTATION USES
Airports and airport-related uses CUP (1)
(1) Provided such use is conducted on property owned by the City of Palo Alto, the County of Santa
Clara, the State of California, the government of the United States, the Palo Alto Unified School District,
or any other governmental agency, and leased for said uses.
(2) An accessory dwelling unit or a Junior Accessory Dwelling Unit associated with a single-family
residence on a lot in the OS District is permitted, subject to the provisions of Section 18.42.040, and such
that no more than two total units result on the lot.
(3) Provided such use is conducted on property owned by the City of Palo Alto.
SECTION3.Chapter18.42(StandardsforSpecialUses)ofTitle18(Zoning)isherebyamended
toaddanewSection18.42.170(PFDistrictSafeParking)toreadasfollows:
18.42.170PFDistrictSafeParking
ThefollowingregulationsapplytosafeparkinginthePFdistrictdescribedinChapter18.28of
thisCode.
(a)Purpose
Theintentofthissectionistoestablishregulationstogoverntheoperationofsafeparking
programsinthePFdistrictwithintheCityofPaloAlto.Thesafeparkingprogramsprovide
interimassistancetohouseholdsusingvehiclesastheirresidencebyprovidingasafeplaceto
park,accesstorestroomfacilities,connectiontosocialserviceprograms,andothersupportto
transitionhouseholdsintopermanent,stablehousing.
(b)Definitions
(1)“SafeParking”meanstheprovidingofshelterofhomelesspersonsandwhere
theshelterisprovidedinvehicleslocatedindesignatedSafeParkingAreas.
*NOTYETAPPROVED*
6
210_20200902_ts_24
(2)“SafeParkingArea”meanstheareawherethevehiclesareparkedfortheSafe
ParkingusewithinaPFdistrict.
(3)“SafeParkingProgramOperator”meansanagencyororganizationthat
facilitates,administers,oversees,andprovidesstaffingforSafeParkingusesin
SafeParkingAreas.
(c)CityCouncilApprovalRequired
Nopersonshalloperate,allow,permitorsufferaSafeParkingusewithoutapprovalfromthe
CityCouncilthroughacontract,license,orleaseforSafeParkinguse.NoticeoftheCouncil
meetingshallbegivenbymailtoownersandresidentsofpropertywithin600feetofthe
subjectproperty.Thenoticeshallincludetheaddressoftheproperty,abriefdescriptionofthe
proposeduse,andthescheduleddateandtimeofthemeeting.
(d)StandardsandConductofUse
ThefollowingstandardsshallapplytoallSafeParkinguses:
(1)Numberofvehicles.Thenumberofvehiclesshallbelimitedtothosethatcanfit
intheSafeParkingAreawhileallowingforatleast10feetofopenspaceinall
directionsbetweeneachvehicle.Inaddition,thereshallbesufficientclearance
foremergencyvehiclestoaccessthesite.TheFireDepartmentshallreviewand
approvethemaximumnumberofvehiclesandtheconfigurationofthose
vehiclesinaccordancewiththeFireCodeandthestandardsinthisSection.
(2)Noise.Audio,video,generator,orotheramplifiedsoundthatisaudibleoutside
thevehiclesparkedintheSafeParkingprogramisprohibited.
(3)Shelterinvehicles.AllpersonsreceivingSafeParkingshallshelterwithintheir
vehiclesovernight.Nopersonshallbehousedintents,leanͲtos,popͲouts,or
othertemporaryfacilitiesoutsideofvehicles.
(4)Requiredfacilities.Accessiblerestroomfacilities,includingatoiletand
handwashingsink,shallbeavailabletopersonsutilizingthesiteforSafeParking
atalltimesduringthehoursofoperation.Thesefacilitiesmaybetheexisting
onsitefacilitiesormobilefacilitiesbroughtonsiteonatemporarybasistoserve
personsutilizingSafeParking.
(5)Contactinformation.Thefollowingemergencycontactinformationshallbe
postedonsiteinaplacereadilyvisibletopersonsutilizingSafeParking:(i)a
contactphonenumberfortheSafeParkingProgramOperator;(ii)thepolice
nonͲemergencyphonenumber;and(iii)911.TheSafeParkingProgram
Operatorshallbeavailableatallhoursofoperationatthepostedphonenumber
andshallbethefirstcontactfornonͲemergencymatters.
*NOTYETAPPROVED*
7
210_20200902_ts_24
(6)Connectiontocountycasemanagementsystem.TheSafeParkinguseshallbe
managedandoperatedbyaSafeParkingProgramOperatorthatparticipatesin
theSantaClaraCountyHomelessManagementInformationSystem.
(7)Safe,clean,orderlypremises.TheSafeParkingAreaandotheronsiteareas
accessedbypersonsutilizingSafeParkingshallbemaintainedinasafe,clean
andorderlyconditionandmanner.
(8)Noleakageofcontaminants.Black/greywaterfromvehiclesshallbeproperly
disposedoffsiteinaccordancewithallrelevantlawsandregulations.Vehicles
thatleakdomesticsewage(includingblack/graywater)orotherwastefluidsor
solids,orotherfluids(including,butnotlimitedto,gasoline,transmissionor
radiatorfluidorengineoil),excludingpotablewater,areprohibited.
(9)Compliancewithlaws.TheSafeParkinguseshallbeoperatedinamannerthat
isfullyinconformancewithallStateandlocallawsandregulations.
(d)NoAssignment.Nopersonshallassignortransferasafeparkingprogramcontract,
license,orleaseissuedincompliancewiththisSectionwithoutwrittenCityapproval.
SECTION4.Ifanysection,subsection,sentence,clause,orphraseofthisOrdinanceisforany
reasonheldtobeinvalidorunconstitutionalbyadecisionofanycourtofcompetent
jurisdiction,suchdecisionshallnotaffectthevalidityoftheremainingportionsofthis
Ordinance.TheCityCouncilherebydeclaresthatitwouldhavepassedthisOrdinanceandeach
andeverysection,subsection,sentence,clause,orphrasenotdeclaredinvalidor
unconstitutionalwithoutregardtowhetheranyportionoftheOrdinancewouldbe
subsequentlydeclaredinvalidorunconstitutional.
SECTION5.Thisordinanceisintendedtosupplement,andnotreplace,PaloAltoOrdinance
No.5490,andthereforethisordinanceisnot“replacementlegislation”asdefinedbySection13
ofPaloAltoOrdinanceNo.5490.
SECTION6.TheCouncilfindsthatadoptionofthisOrdinanceisexemptfromtheCalifornia
EnvironmentalQualityActpursuanttoCEQAGuidelinesSection15061(b)(3).Thisordinance
identifiestheregulationsgoverningtheuseofcertain,limitedsitesforSafeParking.The
ordinanceitselfdoesnotauthorizetheuseofanysiteswithoutsubsequentapprovalfromthe
City.Therefore,itcanbeseenwithcertaintythatthereisnopossibilitythattheordinancewill
haveasignificanteffectontheenvironment.
//
//
//
//
*NOTYETAPPROVED*
8
210_20200902_ts_24
SECTION7.ThisOrdinanceshallbeeffectiveonthethirtyͲfirstdateafterthedateofits
adoptionandshallexpireuponadoptionofreplacementlegislationbytheCityCouncil.Upon
expirationofthisOrdinance,theCityClerkshalldirecttheCity’scodifiertoupdatethePaloAlto
MunicipalCodeasappropriate.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOTPARTICIPATING:
ATTEST:
________________________________________________________
CityClerkMayor
APPROVEDASTOFORM:APPROVED:
________________________________________________________
DeputyCityAttorneyCityManager
____________________________
DirectorofPlanning&Development
Services
City of Palo Alto (ID # 11608)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/28/2020
City of Palo Alto Page 1
Summary Title: Report & Direction re San Mateo Co TBID
Title: Status Report and Direction Regarding Continued Participation in the
San Mateo County Tourism Business Improvement District (TBID) or Adoption
of a Resolution to Withdraw Participation
From: City Manager
Lead Department: City Manager
Recommended Motion
Staff recommends that Council consider the following motions:
A. Adopt the Resolution (Attachment C) and direct staff to transmit the Resolution to
the City of Burlingame with a request to take all steps necessary to implement withdrawal
from the San Mateo County Tourism Business Improvement District effective January
2021. Authorize the City Manager to negotiate and pay necessary and reasonable
administrative costs of the City of Burlingame to effectuate the request;
Or,
B. Direct staff to transmit to the City of Burlingame a letter confirming that the City of Palo
Alto intends to maintain its participation in the San Mateo County Tourism
Business Improvement District, and provide direction to staff on next steps.
Executive Summary
In December 2019, representatives from hotels in Palo Alto requested that the City withdraw
from the San Mateo County Tourism Business Improvement District (TBID). Council directed
staff to poll the hotel properties and return to Council with the results. That poll revealed 20 of
the 27 hotel properties (74%) operating in Palo Alto, which collectively represent 79% of the
total assessment fees paid to the TBID and 75% of the total hotel rooms in Palo Alto, wish to
withdraw from the TBID. The San Mateo County Silicon Valley Convention and Visitors Bureau
expressed a desire to continue serving the City of Palo Alto and requested time to engage the
Palo Alto hotels and improve services and the relationships. The Palo Alto Chamber of
Commerce, which receives a portion of the TBID funding for performing visitor services, has
also communicated a need to maintain this funding in order to continue their information and
referral function.
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Background
On March 8, 2010, the Palo Alto City Council voted 9-0 to adopt a resolution to include the City
of Palo Alto within the boundaries of the San Mateo County Tourism Business Improvement
District.
In July 2019, representatives from some of the hotels in the City of Palo Alto approached staff
with a request to withdraw from the San Mateo County TBID. On December 2, 2019, an action
item (CMR #10814) was moved forward by the Palo Alto City Council voting 5-2 (Filseth and
Tanaka dissenting) in favor of the following motion:
A. Monitor the progress of the San Mateo/Silicon Valley Convention and Visitors
Bureau to:
i. Demonstrate its value to the City of Palo Alto;
ii. Work with all hotels in the City of Palo Alto to resolve key concerns
regarding the San Mateo County Tourism Business Improvement District;
B. Return to the City Council in Autumn of 2020 with a status report and Staff
recommendation regarding continued participation in the San Mateo County
Tourism Business Improvement District (TBID); and
C. Direct Staff to request a response from each hotel property on whether or not
they would like to remain in the TBID.
The TBID assessment generates approximately $309,040 annually from the Palo Alto hotels. The
assessments are paid to the San Mateo County Silicon Valley Convention and Visitors Bureau
(known commonly as “SMCCVB”), which is administered by the City of Burlingame.
Approximately $31,890 of this assessment is transferred annually from the SMCCVB to the Palo
Alto Chamber of Commerce to support its function as a local visitor’s bureau specific to the City
of Palo Alto.
Discussion
Beginning in August, staff reached out to all 27 Palo Alto hotel properties via a combination of
phone calls, e-mail messages, and in-person visits. Some hotel properties were closed and/or
hotel owners or general managers were working remotely, as a result of Public Health Officer
orders due to the current global health emergency.
Of the 27 properties polled about continuing membership or withdrawing from the SMCCVB
TBID, property owners or general managers from 20 of the hotels stated that they wished to
withdraw from the TBID. The 20 hotel properties wishing to withdraw represented 74% of the
total hotels located within Palo Alto, and collectively represent 79% of the total assessment
fees paid to the TBID and 75% of the total hotel rooms in Palo Alto (Attachment A). It should be
noted that the 2020 poll results were similar to the poll results provided to staff in July 2019
(Attachment B).
City of Palo Alto Page 3
While acquiring poll responses this summer, staff learned from owners and operators who
wished to separate from the SMCCVB that they viewed the CVB as an outdated tool or source
for acquiring hotel business. With advanced technology used in the hotel industry, most
travelers reserve rooms through third-party booking websites or by making direct bookings
with the hotel via their website. Of the 20 hotel properties who wished to withdraw from the
TBID, 16 reported that they had never received leads from the SMCCVB that resulted in room
bookings. Staff heard from several properties that in the past ten years of membership with
the SMCCVB, their property had never booked a single room generated from the SMCCVB.
These properties further stated that they also never received a SMCCVB-generated booking due
to overflow when a large Palo Alto hotel property hosted a conference.
Those in favor of continuing membership voiced concerns that withdrawal from the SMCCVB
would leave Palo Alto hotels without any regional representation. They pointed out that the
regional representation provided by SMCCVB was more impactful for their properties than
“Visit California,” an initiative that represents the tourism industry statewide. The advantage to
Palo Alto’s continued membership in the TBID, in their opinion, were the marketing efforts
focused on the broader San Francisco area.
Since the December 2019 City Council meeting and after local economic impacts of COVID-19
on the hospitality industry have been assessed, the SMCCVB submitted and obtained a signed
emergency ordinance from the Burlingame City Council which eliminated the second quarterly
assessment and reduced the final two quarterly assessments by 50% in 2020. This emergency
ordinance was in response to severe revenue loss by local hotels due to impacts from the
Coronavirus pandemic. Specifically, hotel properties suffered lost revenue from 90-100% within
weeks of the implementation of public health orders by the State of California and Santa Clara
County that closed hotel properties to all guests except for first responders. Some Palo Alto
hotels historically passed through a small portion of the TBID assessment fee, on average
between $0.15 to $0.45 within the allowable Tourism Fees per room night, are now paying the
full TBID assessment from their operating expenses due to the severe reduction in hotel
bookings. Although public health orders have since relaxed; however, health and safety
consumer concerns remain high and are continuing to impact the travel industry as a whole.
The chief executive officers of both the SMCCVB and the Palo Alto Chamber of Commerce told
staff that they desired the City to continue its participation in the TBID. During tenuous times,
and certainly when the travel industry rebuilds, they voiced that it is the opportune time for
investment, representation, and marketing at a regional level. During the current market
downturn, the SMCCVB provides outreach and education to the hotel industry on a broad range
of topics ranging from health and safety requirements for employees and guests to training
about the future of conference hybrid meeting and bookings. Staff did receive positive
comments from smaller hotel properties that the communication and training opportunities
provided by the SMCCVB have been dramatically improved since the beginning of the year and
especially since the economic impacts of COVID-19 affected the local hotels. Staff is unaware of
City of Palo Alto Page 4
actions taken by the Palo Chamber of Commerce regarding its value to hotels since this issue
was raised in December.
Should Council decide to support withdrawal from the TBID, the annual transfer of funds from
the SMCCVB to the Palo Alto Chamber of Commerce would end. A fiscal impact of
approximately $31,890 would severely impact the Chamber’s ability to support its function as a
local visitor’s bureau specific to Palo Alto. The Chamber of Commerce distributes visitor’s
information electronically and in print form. The printed guide is updated every two years.
The City of Burlingame Finance Department administers the SMCCVB billings. The annual
process consists of a Resolution of Intent to Assesses in approximately November of each year,
followed by a public hearing scheduled in approximately December of each year to become
effective the next calendar year. Should the Palo Alto City Council decide to withdraw the Palo
Alto hotels from the TBID, it would require a resolution (Attachment C) to be submitted
requesting the change in the Burlingame ordinance to amend the district for 2021, prior to the
Burlingame City Council meeting on November 2, 2020.
Staff confirmed with the Burlingame Finance Department that an ordinance change would have
to be presented to Burlingame City Council no later than October 19, 2020 followed by
Burlingame City Council approval of that ordinance on November 2, 2020. The Resolution of
the Intent to Assess the hotels in 2021 is scheduled for November 2, 2020.
Resource Impacts
The TBID assessment generates approximately $309,040 annually from the Palo Alto hotels and
is paid to the San Mateo County Silicon Velley Convention and Visitors Bureau for regional
visitor and marketing services provided to its TBID members. Approximately $31,890 of this
funding is transferred from the SMCCVB to the Palo Alto Chamber of Commerce to support its
function as a local visitor’s bureau specific to Palo Alto.
There are no City of Palo Alto funds budgeted to support visitor’s services or marketing
functions such as those provided by the SMCCVB and Palo Alto Chamber of Commerce in their
capacity as a regional and local visitor’s bureau, respectively. The request for withdrawal from
the TBID does not propose any alternative source of funding for these purposes.
If the Council adopts the resolution (Attachment C) to withdraw from the San Mateo County
TBID, staff will work with the City of Burlingame to implement the withdrawal, including
negotiating and paying reasonable administrative fees to the City of Burlingame. The City of
Burlingame Attorney’s Office will track their hours and expenses associated with the change in
ordinance. The City of Burlingame Finance Director quoted the City Attorney’s rate at $231.40
per hour and the Assistant City Attorney’s rate at $141.28 per hour.
Stakeholder Engagement
City of Palo Alto Page 5
In response to Council’s direction on December 2, 2019, staff contacted the owner or general
manager of all 27 hotel properties in Palo Alto. Twenty-four properties participated in the poll;
20 favored withdrawal from the TBID, three were in favor of continuing membership in the
TBID, and one declined participation. Of the remaining three properties, staff received no
response from two of them (despite multiple attempts to contact the owner or general
manager via phone, e-mail, or in-person visits) and one property is currently closed for
business.
Staff contacted the Palo Alto Chamber of Commerce and the San Mateo Silicon Valley
Convention and Visitors Bureau to review the poll results.
Staff contacted the City of Burlingame Finance Department and learned of the annual Intent to
Assess timeline for calendar year 2021.
Environmental Review
This item is not a project for purposes of the California Environmental Quality Act (CEQA).
Attachments:
• Attachment A - City of Palo Alto 2020 Staff Poll of Hotels
• Attachment B - 2019 Hotel TBID Self Response
• Attachment C - Resolution Tourism BID
City of Palo Alto 2020 Staff Poll of Hotels Attachment A
Hotel Response
Annual
Assessment
Number of
Rooms
Sheraton Palo Alto Withdraw 86,904.00 346
Crown Plaza Cabana Palo Alto Withdraw 47,736.00 195
The Westin Palo Alto Withdraw 45,043.20 184
Hilton Garden Inn Palo Alto Withdraw 18,792.00 174
Creekside Inn Withdraw 14,688.00 136
Comfort Inn Palo Alto Withdraw 2,268.00 70
The Cardinal Hotel Withdraw 1,944.00 63
Garden Court Hotel Withdraw 15,177.00 62
The Nest Palo Alto Withdraw 1,749.60 50
Hotel Keen Withdraw 1,360.80 42
Oak Motel Withdraw 1,360.80 39
Hotel Parmani Withdraw 1,166.40 36
Stanford Motor Inn Withdraw 1,198.40 35
Travelodge Palo Alto Withdraw 939.60 29
Glass Slipper Inn Withdraw 810.00 25
Palo Alto Inn Withdraw 745.20 23
The Clement Hotel Withdraw 745.20 23
Coronet Hotel Withdraw 680.00 20 (1 less room in 2020)
Berbeda Place Withdraw 291.60 18
Cowper Inn Withdraw 226.80 16
20 properties Withdraw 243,826.60 1566
20 Votes to withdraw from TBID 74%
$243,826.60 of $309, 039.80 Total assessment 79%
1586 of 2112 Total rooms 75%
Homewood Suites by Hilton Palo Alto Continue 7,452.00 138
Dinah's Garden Hotel Continue 31,579.00 129
The Zen Motel Continue 1,198.80 37
Country Inn Palo Alto Declined to participate 874.80 27
The Nobu Epiphany Palo Alto No response - open 18,849.00 86
America's Best Value Sky Ranch Inn No response - open 939.60 29
Stanford Terrace Inn No response - closed 4,320.00 80
7 properties Remain a member 65,213.20 526
7 Votes to remain a member of TBID 26%
$65,213.20 of $309,039.80 Total assessment 21%
526 of 2112 Total rooms 25%
2019 Hotel Self-Poll Attachment B
_j__
HOTEL responses Assessment $ # of Rooms
Sheraton Palo Alto Hotel want to withdraw $86,904.00 346
Crowne Plaza Cabana Palo Alto want to withdraw $47,736.00 195
The Westin Palo Alto want to withdraw $45,043.20 184
Hilton Garden Inn Palo Alto no response $18,792.00 174
Homewood Suites by Hilton Palo Alto want to continue $7,452.00 138
Creekside Inn no response $14,688.00 136
Dinah's Garden Hotel no response $31,579.00 129
The Nobu Epiphany Palo Alto no response $18,849.00 86
Stanford Terrace Inn no response $4,320.00 80
Comfort Inn Palo Alto want to withdraw $2,268.00 70
The Cardinal Hotel want to withdraw $1,944.00 63
Garden Court Hotel want to withdraw $15,177.00 62
The Nest Palo Alto want to withdraw $1,749.60 50
Hotel Keen want to withdraw $1,360.80 42
Oak Motel want to withdraw $1,360.80 39
The Zen Hotel want to continue $1,198.80 37
Hotel Parmani want to withdraw $1,166.40 36
Stanford Motor Inn want to withdraw $1,198.40 35
Travelodge Palo Alto want to withdraw $939.60 29
America's Best Value Sky Ranch Inn want to withdraw $939.60 29
Country Inn Motel no response $874.80 27
Glass Slipper Inn want to withdraw $810.00 25
Palo Alto Inn want to withdraw $745.20 23
The Clement Hotel want to withdraw $745.20 23
Coronet Motel want to withdraw $680.00 21
Berbeda Place want to withdraw $291 .60 18
Cowper Inn want to withdraw $226.80 16
I Number of hotels that want to withdraw 19 $211 ,286.20 1306 want to withdraw
TOTAL 27 $309,039.80 2113 total
Attachment C
Not Yet Approved
1
Resolution No. _____
Resolution of the Council of the City of Palo Alto to Withdraw the City of
Palo Alto from the Boundaries of the San Mateo County Tourism
Business Improvement District
RECITALS
A. The San Mateo County Tourism Business Improvement District (SMCTBID) is
a district organized under the California Streets and Highways Code Sections 36500 et seq. for
the purpose of collecting assessments from commercial lodging facilities such as hotels and
motels and providing tourism and visitor support services.
B. In March 2010, the Council of the City of Palo Alto adopted Resolution No.
9043 consenting to Palo Alto being included in the boundaries of the SMCTBID and authorizing
the City of Burlingame, which administers the SMCTBID, to take all necessary steps and actions
to formalize the inclusion of Palo Alto in the boundaries of the SMCTBID.
C. The City of Burlingame effectuated the City of Palo Alto Council’s request to
be included in the boundaries of the SMCTBID.
D. Since 2010, commercial lodging facilities in Palo Alto have been assessed fees
according to the procedures of the SMCTBID, and an owner or manager of a hotel has served
on the SMCTBID advisory board.
E. At the request of certain hotel and motel owners and operators in Palo Alto
who have articulated a desire to no longer participate in the SMCTBID, the City of Palo Alto now
wishes to withdraw from the boundaries of the SMCTBID.
F. Accordingly, the Palo Alto Council now requests the City of Burlingame to
take all necessary steps to effectuate the withdrawal of the City of Palo Alto from the
boundaries of the SMCTBID, according to procedure and law, and as soon as it is feasible to do
so.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City of Palo Alto hereby requests to withdraw from the
boundaries of the San Mateo County Tourism Business Improvement District for hotels
effective January 1, 2021, or as soon as feasible thereafter, and authorizes and requests the City
of Burlingame to take all necessary steps and actions to implement its withdrawal from the
boundaries of the SMCTBID.
/ /
Attachment C
Not Yet Approved
2
SECTION 2. 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:
__________________________ ______________________________
Assistant City Attorney City Manager
______________________________
Director of Administrative Services
1 of 1
TO: HONORABLE COUNCIL MEMBERS
FROM: KARA APPLE, CITY MANAGER’S OFFICE
DATE: SEPTEMBER 28, 2020
SUBJECT: AGENDA ITEM NUMBER 10- Status Report and Direction Regarding Continued
Participation in the San Mateo County Tourism Business Improvement District
(TBID) or Adoption of a Resolution to Withdraw Participation
Please see the attached correspondence from hotel properties who wish to withdraw from the
San Mateo County Tourism Business Improvement District.
_______________________ _________________________
Kara Apple Ed Shikada
City Manager’s Office City Manager
10
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
From: Jim Rebosio <jrebosio@sheratonpaloalto.com>
Sent: Tuesday, September 22, 2020 12:19 PM
To: Council, City <city.council@cityofpaloalto.org>
Cc: Apple, Kara <kara.apple@cityofpaloalto.org>
Subject: City Council Mtg 9.28 - San Mateo CVB
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear Council –
Thank you for taking the time to read my email, I will get right to the point.
I was one of the people behind starting the association with the San Mateo Visitors & Convention Bureau
(SMCVB) ten years ago. I believed then what I believe now, the SMCVB is a good organization with good
leadership. Ten years ago we were anxious to see if we were a mutually good fit, the Palo Alto hospitality
community and the SMCVB.
Unfortunately it hasn’t worked. As you are aware, very few room nights have been produced for Palo Alto
and in some cases, the few rooms that were produced were coming here regardless of the SMCVB
involvement. When business is good, our rates are too high and Palo Alto often lacks the meeting space
some groups need. When we are in a situation as we are now, when business is scarce, we cannot reduce
our rates to the levels in San Mateo County, in either scenario, we cannot be competitive. The numbers
over the last 10 years have proved this out. Sometimes partnerships are just not a good fit.
Others will tell you about Visitor Guides, fam trips, etc. other services the SMCVB makes available. These
are good and important features. However, for the money we pay, we need room nights to justify this
amount of money we are paying to the SMCVB. Room nights pay our bills, pay our associates and allow
us to reinvest in the properties, Visitor Guides don’t do that.
Our two hotels pay the following on an annual basis:
Sheraton: $86,904
Westin: $45,036
TOTAL: $131,940
Our hotels represent the largest group of hotels in Palo Alto, and we pay a significant percentage of the
overall dues. We feel that we are the best to make the judgement - is this a mutually good relationship
and fit.
I would like to stress one last point, I believe it is the most important point. We all tried. The SMCVB, the
hotels, we all wanted this to work, mutually. We tried for 10 years. It is not anyone’s fault, it just isn’t a
good fit.
Sincerely,
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
Jim Rebosio
General Manager
T 650 328 2800 Ext. 7001 F 650 323 5743
sheraton.com westin.com I like us on Facebook l follow us on Twitter l
THE SHERATON PALO ALTO
625 El Camino Real, Palo Alto, CA 94301
THE WESTIN PALO ALTO
675 El Camino Real, Palo Alto, CA 94301
From: Glass Slipper Inn <glassslipperinn@gmail.com>
Sent: Wednesday, September 23, 2020 3:30 PM
To: Council, City <city.council@cityofpaloalto.org>
Subject: Public Comment for Sep 28th Council Meeting, regarding TBID agenda item
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear Councillors:
The Glass Slipper Inn has been a participating member of the San Mateo County Convention and Visitors
Bureau's (SMCCVB) Tourism Business Improvement District (TBID) since its inception.
We are writing to add our public comments to your upcoming discussion to be undertaken at the
Monday, September 28th council meeting, during which you intend to discuss the city's continuing
participation in the TBID.
During our time of participation in the district, we have not seen a measurable impact to our individual
bookings or to our group reservations from the district. Nor have we obtained any direct or indirect
referrals for hotel business by district-affiliated companies and organizations.
As a result, we don't believe that there is value to be gained by continuing to be a member of the TBID
and to pay the ongoing fee assessment.
Thus we request that you adopt a resolution to withdraw participation from the TBID for Palo Alto
hotels.
Regards,
Mahendra Patel (General Manager)
--
Glass Slipper Inn
3941 El Camino Real, Palo Alto, CA 94306
650-493-6611 // 650-493-4421 [fax]
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
From: Glass Slipper Inn <glassslipperinn@gmail.com>
Sent: Wednesday, September 23, 2020 3:30 PM
To: Council, City <city.council@cityofpaloalto.org>
Subject: Public Comment for Sep 28th Council Meeting, regarding TBID agenda item
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear Councillors:
The Glass Slipper Inn has been a participating member of the San Mateo County Convention and Visitors
Bureau's (SMCCVB) Tourism Business Improvement District (TBID) since its inception.
We are writing to add our public comments to your upcoming discussion to be undertaken at the
Monday, September 28th council meeting, during which you intend to discuss the city's continuing
participation in the TBID.
During our time of participation in the district, we have not seen a measurable impact to our individual
bookings or to our group reservations from the district. Nor have we obtained any direct or indirect
referrals for hotel business by district-affiliated companies and organizations.
As a result, we don't believe that there is value to be gained by continuing to be a member of the TBID
and to pay the ongoing fee assessment.
Thus we request that you adopt a resolution to withdraw participation from the TBID for Palo Alto
hotels.
Regards,
Mahendra Patel (General Manager)
--
Glass Slipper Inn
3941 El Camino Real, Palo Alto, CA 94306
650-493-6611 // 650-493-4421 [fax]
From: Stephanie Wansek <stephanie.wansek@gmail.com>
Sent: Wednesday, September 23, 2020 8:45 PM
To: Council, City <city.council@cityofpaloalto.org>
Cc: City Mgr <CityMgr@cityofpaloalto.org>; Apple, Kara <kara.apple@cityofpaloalto.org>
Subject: Comments for packet - City Council Meeting Sept 28 Action item # 10
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear Council member,
I am writing to confirm the Cardinal Hotel’s position that the SMCCVB does not add value to Palo Alto
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
hotels and to support the withdrawal of Palo Alto hotels from this organization.
It is worthwhile to note that the 2020 hotel outreach results conducted by Lt. Kara Apple reflect a higher
percentage of hotels voting to withdraw from the SMCCVB than in the 2019 outreach.
I think two points are particularly noteworthy:
• Whether in booming times, or in the worst economic times that any hotelier can remember, the
sentiment about belonging to and funding the SMCCVB is not deemed valuable by 20 of the 23 hotels
that chose to participate in the survey. Let us agree that not participating in the survey does not
constitute a vote to continue.
• Of the seven largest hotels, five want to end the relationship with the SMCCVB. Among the five, two
properties that did not respond in 2019 now want to leave.
Although some hotels used to ‘pass through’ SMCCVB fees to their guests, this is no longer possible.
With the current drastic drop in room rates and the low number of guests, fees are now an internal cost
along with payroll and all other expenses. Again, this is a recurring cost that has not added value over
the previous ten-year relationship.
To reiterate the experience of the Cardinal Hotel with the SMCCVB over the past ten years:
• No relevant leads - we engaged in lead process for years
• No leads ever converted to bookings
• No outreach from SMCCVB between 2010 -2018
• In 2019, after the SMCCVB learned that the Palo Alto hotels were not satisfied with the performance
of the organization, there was a flurry of outreach and that effort fell flat. I talked with Nina Ramos and
Juan Camero and neither followed through with promises to connect me with opportunities to present
my historic property - either directly with travel writers or with another colleague to discuss the film
market.
This organization may have its place marketing for San Mateo County hotels. Our market here in Palo
Alto is simply too different which makes their efforts in our market irrelevant. As many have said, it is
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
just not a good fit. After 10 years and paying over $3,000,000 to the SMCCVB, there should be no
fundamental doubt about its relevance to Palo Alto hotels. Now IS the time to withdraw.
I appreciate your time and consideration in reading this email.
Sincerely,
Stephanie Wansek
Stephanie Wansek | General Manager
THE CARDINAL HOTEL
235 Hamilton Ave | Palo Alto, CA | 94301| www.cardinalhotel.com
p: (650) 323-5101 f: (650) 325-60856 | stephanie@cardinalhotel.com
From: Hotel Parmani | Palo Alto <info@hotelparmani.com>
Date: Thu, Sep 24, 2020 at 8:01 AM
Subject: Withdrawal from TBID
To: <city.council@cityofpaloalto.org>
Thank you for taking the time to read through my perspective below. I write to request withdrawal
from participation in the SMCCVB ("CVB") TBID.
My family has owned and operated a small independent motel on El Camino Real for over 40 years,
which has required significant sacrifice, risk and diligence, as well as a fierce loyalty to Palo Alto. We
have endured many economic cycles and observed what works for small properties like ours, which
informs my perspective.
Participation in the TBID (i) is an ineffective use of hotel marketing dollars, (ii) was forced upon small
independent motel properties like ours, (iii) is something an overwhelming majority of hotels do not
want, (iv) is advocated for by organizations with conflicts of interest.
I urge you to support a majority of hotels by withdrawing from forced participation in the TBID.
Ineffective TBID
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
The overwhelming response by hotels (large and small) voting to withdraw makes clear that
participation in the TBID is fruitless. Years of evidence and experience show that the TBID is ineffective
and costly with no tangible reward.
The TBID does not serve small motel properties like mine. We have netted exactly 0 dollars from
participation over 10 years. In fact, I get more business from Stanford in any typical one week period
from organic, non-commissionable referral business (even currently) than the CVB provided to me in
nearly 10 years combined.
The CVB cannot seriously argue it provides a valuable return on investment to smaller motels like
mine. They do not pretend to try. Instead, the CVB advances a theoretical economic argument that the
value to small motels like mine lay in the hypothetical overflow business from larger hotels that secure
bookings through participation. This is not true.
Consider that the 4 largest hotels in Palo Alto wish to withdraw from the TBID. What does that tell
you? The larger hotels likely want out because they receive no tangible return on investment. If the
TBID does not generate business for the largest hotels, there is not any overflow business for
small motels like ours. This is my experience. The largest hotels would not want to withdraw if the CVB
was producing business for them. Instead, they overwhelmingly want out.
It should alarm you that so many properties want out. If the TBID is valuable, there wouldn't only be 3
affirmative Yes votes (excluding the 4 that were counted as Yes votes because they did not
respond). Business owners and general managers calculate financial impacts - if there is a net positive
financial impact, it is unlikely they would want out.
Small properties like mine receive zero benefit from participation in the TBID no matter how the overall
regional economy is performing. In good times, Palo Alto's rates are too expensive for leads generated
via the CVB. The CVB cannot generate meaningful leads in recessionary, depressed economic times like
these because there are either too many hotels competing for the same business (San Mateo County +
Palo Alto), or there isn't any business to be generated. The TBID is a poor fit - in good times and bad.
Forced Participation
At its inception, small properties like ours were not given a choice nor a voice - we were forced to
participate in the TBID. A small subset of unrepresentative, larger hotels (Crowne Plaza, Sheraton,
Westin, Garden Court Hotel, and Dinah's), the Palo Alto Chamber of Commerce, and City Council
entered into this arrangement on behalf of all properties. The concept was sold as affording Palo Alto
hotels an opportunity to increase visibility and generate business coming out of the last recession in
exchange for an annual fee charged to hotels. I fervently believe this value proposition has not been
realized.
Nearly 10 years later, all but one of the original 5 hotels that had a voice voted to withdraw from the
TBID.
With all hotels afforded a voice regarding the original value proposition, the result is crystal clear.
Withdrawal Requested by Majority
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
To force the majority of hotels to stay in an arrangement they resoundingly wish to divorce themselves
from signals to Owners and GMs that the CVB, Chamber, and City Council are better suited than each
individual property on how best to use and allocate its marketing budgets.
Hotel operators and owners know what is best for their business and conclude that continued
participation is not worthwhile.
Twenty properties voted to exit the arrangement, and only 3 affirmatively voted to continue
participation (with 3 non-responsive and 1 not voting counted as Yes votes).
Conflicts of Interest / Interested 3rd Party Input
City Council should not consider the input of the CVB or the Chamber on whether to withdraw from the
TBID. Both organizations hang onto the notion that the TBID is valuable. Unfortunately, both have
obvious conflicts of interest of financial incentives to force continued participation despite hotels'
objections.
The CVB's input should not carry any weight. It will lose $309K of annual funding. The CVB's attempt to
influence City Council on this issue, contrary to the will of a majority of Palo Alto hotels, can be
attributed more to maintaining its funding cash cow than to generating any meaningful return for Palo
Alto properties - in particular small properties like ours. The CVB is not entitled to this forced
participation simply because it will blow a hole in their budget.
If the CVB had any meaningful business generation over the last 10 years, 75% of properties would not
request withdrawal. I cannot imagine any business wanting to exit a relationship which yields them
even a marginally meaningful return on investment.
Similarly, City Council should not prioritize the Chamber's position over that of the majority of
hotels. The Chamber will lose $31K in funding. I understand their concern. However, the Chamber's
position on the issue has absolutely nothing to do with what is best for hotels.
The Chamber is an interested 3rd party - not a hotel operator nor travel agency. If the Chamber's scant
funding was not at stake, it could not credibly argue that it has any vested interest or position on this
issue. The Chamber is certainly not in a better position than I am to tell you whether or not
participation is in my best interest.
City Council should value the clear mandate from a majority of hotels in Palo Alto of what is best for
their businesses and discount the opinions of other parties that do not represent the views of individual
businesses.
Education / Outreach / Chamber of Commerce
The CVB touts that it provides education and outreach to the industry. I note to you that there are
countless other hotel organizations, with nominal annual fees, which provide more comprehensive
education and outreach.
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
The Chamber notes that it provides visitor's information electronically and in print form - which is
updated every two years. I submit to each of you that in a world where information changes by the
second, having a printed guide updated every 2 years is not beneficial to hotels.
Consider how you plan your own travel. Nobody relies on print brochures nor thinks to themselves to
start a hotel search by picking up the phone to call the local Chamber of Commerce. Travellers use
Google, Hotels.com, other Online Travel Agencies, or other referrals. The traveler coming to Palo Alto is
technologically savvy, knows why he/she is coming, and has no trouble identifying the reasons to stay in
Palo Alto.
Can you imagine picking up the phone and calling the Chamber, and the Chamber actually having a
dedicated person who picks up the phone and dispenses advice on where to stay? And if they did, what
is their criteria for referring to hotels - which hotels get the referrals?
I have no desire to replace TBID participation with anything else. The CVB's efforts to convince Palo Alto
hotels to remain in the TBID failed because it provides no actual value. The CVB has asked for more time
to "right the ship." They've had 10 years. It is time to listen to your businesses and terminate this
arranged marriage.
Conclusion
I urge City Council to listen to its hotel operators and withdraw from the TBID
effective immediately. Businesses like mine are doing everything we can to survive during this
pandemic and uncertain economic time. Small businesses like ours must have the agency and control
over how we spend our hard-fought revenue, including our own individualized, tailored marketing
efforts.
City Councilmembers do not need to make a value judgment on whether you think it is worthwhile to
continue participation. Council need only understand that the affected properties have spoken -
emphatically. Large and small properties want to withdraw. It defies logic that if you find something to
be of value, you would want to rid yourself of it.
I thank you again for considering my input.
Sincerely,
Yatin Patel
Hotel Parmani | Palo Alto
3200 El Camino Real
Palo Alto, CA 94306
Tel: 650.493.9085 Fax: 650.493.8405
www.hotelparmani.com
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
From: General Manager CA610 <gm.ca610@choicehotels.com>
Sent: Wednesday, September 23, 2020 11:25 AM
To: Council, City <city.council@cityofpaloalto.org>
Cc: Raj Shah <qipa@yahoo.com>; Apple, Kara <kara.apple@cityofpaloalto.org>
Subject: Opting out of SMCCVB agreement
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Hello,
I am writing you because we (The Comfort INN Palo Alto) would like to opt out or be removed
from the SMCCVB Agreement. Reasons being there are no economic benefits for our property. It
puts us at a competitive disadvantage when we are charged this fee and it produces no viable
leads over the years. So we are asking to be removed from the program and agreement.
Thanks,
JP Howard
General Manager
Comfort INN Palo Alto
DocuSign Envelope ID: F34E9C25-9788-46EC-A3C5-3974D5B68A6B
CITY OF PALO ALTO
COUNCIL APPOINTED OFFICERS COMMITTEE
September 28, 2020
The Honorable City Council
Palo Alto, California
Approval of a Contract With Baker Tilly US, LLP for Internal Auditor
Services in an Amount Not-to-Exceed $1,300,000 for a Term
Commencing October 1, 2020 through June 30, 2022, Including
Approval of Four Initial Task Orders; Adoption of a Resolution to
Appoint Kyle O'Rourke of Baker Tilly US, LLP as City Auditor; and
Amendment of the Table of Organization to Eliminate 4.0 Positions in
Various Funds
Recommendation
The City Council is recommended to:
A. Approve and authorize the Mayor or his/her designee to execute the attached
professional services contract (Attachment A) with Baker Tilly US, LLP for internal
auditing services in an amount not to exceed $1,300,000 for a term commencing
October 1, 2020 through June 30, 2022, including approval of four initial task orders
detailing initial work commencing on October 1, 2020;
B. Adopt a resolution appointing Kyle O’Rourke of Baker Tilly US, LLP, Certified Internal
Auditor (CIA), as Palo Alto’s City Auditor (Attachment B); and
C. Amend the Table of Organization to Eliminate 4.0 positions, 1.0 City Auditor position in
the General Fund, and 3.0 Senior Performance Auditor positions (2.0 from the General
Fund and 1.0 from the Utilities’ Enterprise Funds).
Executive Summary
The actions recommended in this report will result in the transition of internal audit services to
Baker Tilly US, LLP (Baker Tilly), an internationally-regarded advisory, tax, auditing, and
assurance firm, and appoint Kyle O’Rourke, MPA, CIA, CGAP, CRMA, Senior Consulting Manager
with Baker Tilly, as Palo Alto’s City Auditor in conformance with the Palo Alto City Charter. This
will This contract approval authorizes a term commencing October 1, 2020 through June 30,
2022, in an amount not to exceed $1,300,000, including four initial task orders detailing initial
work commencing October 1, 2020. The contract provides the option to extend the term for a
period or periods of up to three additional years, through June 30, 2025, by mutual agreement
with compensation to be determined in such years by terms outlined in the contract. Any
extension would require future action by the City Council for formal authorization and, if
enacted, would allow for up to a five-year term in total. Finally, the recommended actions will
adjust the City’s authorized staffing and resources given the new model for the delivery of
internal audit services.
Page 2
Per City Council direction on February 10, 2020, the Council Appointed Officers (CAO)
Committee oversaw a request for proposals (RFP) process for outsourced internal auditing
services, led a procurement process aligned with Council direction, and engaged in a
transparent review of scope of work services, RFP evaluation, and a public interview process as
part of the overall effort. The services that were solicited include management and
performance auditing and oversight of the City’s independent financial auditor which
completes annual financial reporting including the City’s Comprehensive Financial Report
(CAFR).
From April to June, the CAO Committee and evaluation team reviewed the RFP and evaluation
process, developed the scope of services, and screened responses to the RFP. Written
proposals were evaluated under the criteria provided in Municipal Code section 2.30.410. This
work resulted in public interviews of top firms by the CAO Committee on July 28. Following
these public interviews, the City Council conducted closed session interviews of the City Auditor
candidates designated by the top firms recommended by the CAO Committee. Through the
interview process, the Council has selected Baker Tilly and Kyle O’Rourke to lead the City’s
internal audit services.
It is recommended that the City Council approve the proposed contract and initial task orders
with Baker Tilly for outsourced internal auditing services, adopt a resolution appointing Kyle
O’Rourke of Baker Tilly as City Auditor, and approve changes to the City’s Table of Organization
to align resources with this direction.
Discussion
Baker Tilly is one of the few comprehensive professional services firms in this field with a group
dedicated to state and local governmental clients. Baker Tilly’s experience extends across more
than 40 states with specific public sector clients in California such as the cities of Carlsbad,
Riverside, Burbank, Modesto and Richmond and several utility clients including Sacramento
Municipal Utility District, Imperial Irrigation District, Northern California Power Agency, San
Diego Gas & Electric, Glendale Utilities, Pasadena Water and Electric, Anaheim Public Utilities,
and the California Public Utilities Commission. This is notable as Palo Alto owns and operates its
own utilities.
Page 3
Kyle O’Rourke is a 10-year veteran in internal auditing and consulting services. O’Rourke
specializes in internal audit and risk consulting, business process reviews, organizational and
operational assessments, benchmarking studies and technology needs assessments. He is a
Certified Internal Auditor (CIA), a Certified Government Auditing Professional (CGAP), and holds
a Master of Public Affairs with a
concentration in Public
Financial Management, and
Bachelor of Science in Public
Affairs, from Indiana University
at Bloomington. O’Rourke also
serves as Senior Vice President
of the Chicago chapter of the
Institute of Internal Auditors
(IIA). Other industry
memberships include the
Association of Local
Government Auditors (ALGA)
and the Association of
Government Accountants
(AGA). He holds several other
industry certifications and
related training including IIA
Risk Management Assurance
Certification and the IIA
Leadership Academy, and has
written extensively on auditing,
risk-management and related
topics.
Baker Tilly’s response to the formal RFP can be found here. Included in this package is the full
resume of Mr. O’Rourke which can be found in the Appendices pages viii – ix.
Contract Terms Summary:
TERM: Initial 1.75-year contract commencing October 1, 2020 through June 30,
2022; mutual option to renew for up to an additional three years through
June 30, 2025 (requires City Council approval)
COMPENSATION: Target value of compensation is not to exceed $1.3 million during the
initial term. Year 1: $550,000 (prorated to conform to City’s fiscal year
ending 6/30/21); Year 2: $750,000.
LOCATION: Contract terms and compensation anticipate that the City Auditor, Kyle
O’Rourke, will be on-site in Palo Alto every other week (post the current
public health emergency); Other staff will be on-site as appropriate.
SCOPE OF SERVICES: Core services stipulated include Citywide Risk Assessment at least every
other year; Annual Audit Plan preparation; Anticipated six audits per year
Page 4
(four major and two smaller audits); several other small projects;
Management and oversight of the Fraud, Waste and Abuse Hot Line;
Selection and oversight of the City’s Independent Financial Auditor.
Audits will be conducted in conformance with established auditing
standards (Yellow Book).
REPORTING/PUBLIC: Baker Tilly will ensure biannual peer reviews are completed and annual
comparison of auditing costs with benchmarked agencies. Quarterly
status reports, annual reports, and the annual audit plan will continue to
be reviewed by the appropriate governing body (outlined in oversight
below) as prepared and brought forward by Baker Tilly.
OVERSIGHT: Consistent with a City Council Appointed Office as stipulated in the City’s
Charter, Mr. O’Rourke will report to City Council including annual
performance reviews by the City Council.
City Council will review quarterly status reports and annual reports
Policy and Services Committee will continue to oversee the annual audit
plan, status reports and completed audits
TERMINATION Termination is at City Council’s discretion with 10 days’ notice; Baker Tilly
may terminate with 30 days’ notice only in event of a substantial failure
of performance under the contract by the City.
Background, Process, and Selection Steps
On February 25, 2019, the City Council initiated a process to review service delivery options for
the City Auditor function, including commission of an industry survey. City Council Auditor
Resource Evaluation; Report #10109.
On February 10, 2020, the City Council discussed service models and considered the completed
industry survey “Internal Auditing Practices: City of Palo Alto Relative to Industry Practices”
commissioned in February 2019. Council unanimously requested the Council Appointed Officers
Committee to initiate an accelerated RFP process to engage an outside firm to provide internal
auditor services for the City of Palo Alto. CAO Committee Discussion and Recommendation –
City Auditor's Office; Report #11039.
After the City Council’s action, City staff assisted the Council to engage an outside consultant to
support the work of the CAO Committee. On March 17, 2020, the Committee approved a
consulting engagement with Management Partners, a national local government consulting
firm, to work with the Council on the internal auditing services RFP. Development Of A Request
For Proposals For The City Auditor Function And Discussion Of Process And Next Steps; Report
can be found here. In addition, the CAO Committee appointed a City Auditor RFP Ad Hoc
Subcommittee consisting of Council Member Eric Filseth to oversee and advise on the progress
of this work.
On April 16, 2020 the CAO Committee had a robust discussion about the auditor scope of
services, the RFP itself, and the evaluation process. Request for Proposals for the City Auditor
Function: Key Decision Points for Scope of Services, Proposer Requirements, and Process Steps:
Page 5
Report can be found here. Based on the CAO Committee’s direction, the RFP was posted on
April 21 on the City’s PlanetBids purchasing website, and additional outreach to prospective
proposers was conducted.
On May 4, the City Council approved the CAO Committee’s recommendation that the
Committee evaluate responsive proposals and forward one or more finalists to Council for
further evaluation and selection of a firm and individual to serve as City Auditor. Review And
Approval Of The City Auditor Request For Proposals Evaluation Process; Report can be found
here. The RFP evaluation process specified that if there were more than three responsive
proposals submitted, then an Evaluation Team would be convened to do a first screening of the
responses. The Evaluation Team was to include: Council Member Eric Filseth as the City Auditor
RFP Ad Hoc Subcommittee; Greg Larson from Management Partners; and an independent third
party appointed by the CAO Committee Chair, former Mayor and Council Member Larry Klein as
CAO Committee Chair Liz Kniss’ appointee.
On May 26, 2020 the CAO Committee was informed that none of the six proposers responding
to the RFP released on April 21, 2020 were fully compliant with the City’s responsiveness
standards for this RFP. Consequently, the CAO Committee recommended, and on June 1, 2020
the City Council approved, a rejection of all proposals and authorization to reissue the RFP with
clarifications to ensure competitive and responsive proposals, with an expectation that
interviews with qualified proposers would be conducted in July. Update on the Internal Auditing
Request for Proposals and Direction on Next Steps Report can be found here.
The RFP was then reissued on June 8, 2020. The same six proposers submitted responsive
proposals on July 10, 2020 which were then scored by the Evaluation Team. On July 21, 2020
the CAO Committee reviewed the Evaluation Team’s rankings and concurred with the
recommendation to invite four of the six firms to structured CAO Committee interviews.
Discussion and Direction on the Evaluation of Submittals for the Internal Auditing Services
Request for Proposals: Agenda including the report can be found here.
The CAO Committee interviews were completed on July 28, 2020 and the Committee
recommended that individuals who would serve as the designated City Auditor from the three
top-ranked firms be interviewed by City Council during closed session on July 29.
Video of the July 28th interviews can be found here. Direction to proceed with reference
checking was provided with a final round of interviews conducted on August 17 following
reference checking and contract exception review. The City Council interviewed the two final
proposed City Auditor designees and selected a preferred applicant.
The City Council directed Management Partners to proceed with contract negotiations with the
preferred applicant and firm, and delegated oversight of the remaining process to Councilman
Eric Filseth as the City Auditor RFP Ad Hoc Subcommittee. Final contract negotiations with the
preferred firm were conducted through early September, and the standard one-week protest
period passed with no protests filed.
Page 6
The City Council and CAO Committee undertook a systematic, deliberative and public process to
ensure that the selected firm and proposed City Auditor candidate were selected based on the
best possible value to the City in exchange for public funds. As is typical with RFP processes,
the evaluation of the written proposals and subsequent interviews of the ranked firms, were
conducted in structured fashion and in accordance with evaluation criteria established in the
Municipal Code. The Council paid particular attention to the experience, knowledge, skills and
abilities of the individual proposed to serve as City Auditor.
Timeline and Next Steps
If Council approves the contract on September 28, the engagement is anticipated to begin
October 1. The Task Orders for the initial work are attached to the proposed agreement for
services and include performing a citywide risk assessment, preparation of an audit plan,
oversight and selection of the independent financial auditor, and ongoing services support and
evaluation.
The risk assessment and resulting audit plan will be presented to and discussed at a Policy &
Services Committee meeting and then proposed to City Council for consideration and approval.
Future changes to task orders may be considered by the Chair of the Policy & Service
Committee and advanced to the full council if significant. The Council anticipates initial audit
work will begin in 2021 following adoption of the audit plan.
Resource Impact
Fiscal Year 2021 is expected to be a transition year as the organization shifts to a new model for
the delivery of internal audit services. This memorandum authorizes the necessary steps to
align resources with the new service delivery model through both the authorization of the
contract with Baker Tilly and the amendments to the Table of Organization, also known as the
authorized staffing levels. With the elimination of 4.0 positions (1.0 City Auditor and 3.0 Senior
Performance Auditors), funds will be reallocated from salary to non-salary expenses to provide
funding for the FY 2021 pro-rated contract not to exceed $550,000. In FY 2021, as a result of
the transition costs, the Office of the City Auditor is expected to remain at or potentially exceed
adopted budget appropriation levels of $1.1 million in all funds, $870,000 in the General Fund
(this includes central allocated costs as well as direct expenses). Staff will monitor these
transition costs and bring forward any adjustments necessary as part of the FY 2021 Mid-Year
Budget Review or Year-End Budget adjustments. In subsequent years, it is expected that the
contract services authorized will be funded similarly to the current audit services, 75% in the
General Fund and 25% in the Utilities Enterprise Funds for a total not to exceed $750,000
annually. The FY 2022 budget development will incorporate these changes to both staffing and
contractual service funding reducing contract services funding in the Office of the City Auditor
for this contract as well as the contract with the City’s independent financial auditor.
Stakeholder Engagement
This work has been based on extensive prior discussion and direction from the City Council
during multiple public meetings and overseen by the Council Appointed Officers Committee
which has also met in several public meetings.
Page 7
Environmental Review
This action is exempt from CEQA and requires no further environmental review.
ATTACHMENTS:
•Attachment A: Contract with Baker Tilly for Internal Audit Services (C21179340)(PDF)
•Attachment B: Resolution Appointing Kyle O'Rourke as Palo Alto City Auditor v3 (PDF)
Page 8
1
Attachment A
CITY OF PALO ALTO CONTRACT NO. C21179340
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF PALO ALTO AND BAKER TILLY US, LLP
This Agreement for Professional Services (this “Agreement”) is entered into as of the 1st
day of October, 2020, by and between the CITY OF PALO ALTO, a California chartered
municipal corporation (“CITY”), and BAKER TILLY US, LLP, an Illinois Limited Liability
Partnership, located at 205 Michigan Avenue, Suite 2800, Chicago, IL 60601 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY issued request for proposals (RFP) F21-001 (Re-issue) for internal auditor services
in accordance with City Charter and Municipal Code requirement (“Project”) and desires to engage
a consultant to provide such internal auditor services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Section 1 (Scope of Services) and Exhibit “A”, attached to and
made a part of this Agreement.
D. On September 28, 2020, the Palo Alto City Council approved this Agreement and a
resolution appointing Kyle O’Rourke as designated City Auditor.
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” (which includes without limitation the As Required Services detailed below in this
Section 1) in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
CONSULTANT shall provide As Required Services associated with the scope of services
described in Exhibit A, to be authorized by CITY in writing as detailed in herein. CITY may elect
to, but is not required to, authorize As Required Services up to the maximum compensation amount
set forth in Section 4. As Required Services, if any, shall be authorized by the CITY with a Task
Order (as below) assigned and authorized by CITY’s Project Manager, as identified in Section 13
(Project Management), except as otherwise provided in the last paragraph of this Section 1, below.
Each Task Order shall be in substantially the same form as the attached Exhibit A-1, entitled
“PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope
of services, schedule of performance and maximum compensation amount, in accordance with the
2
Attachment A
provisions of this Agreement, and shall be drafted and proposed by CONSULTANT if so requested
by CITY. Task Orders may be assigned at the task level as described in Exhibit A or associated
sub-task level. Compensation for As Required Services shall be based on the compensation
structure set forth in Section 4 and Exhibit B, including any authorized expenses, based on the
hourly rates set forth in Exhibit B-1, or a negotiated lump sum, to be set forth in the Task Order.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to the CITY’s
Project Manager within the time specified by the CITY’s Project Manager, and upon authorization
by CITY (defined as counter-signature by the CITY’s Project Manager), the fully executed Task
Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Services, and all Task Orders authorized under this Agreement, shall not
exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be
compensated for As Required Services performed under an authorized Task Order and only up to
the maximum amount of compensation set forth in Section 4. Performance of and payment for
any As Required Services are subject to all requirements and restrictions in this Agreement.
The Task Orders for Tasks 1, 2, 3, and 5 for Fiscal Year 2020-21 are attached and hereby approved.
Any changes to herein-approved Task Orders for Tasks 1, 2, 3, and 5 may be made by subsequent
review and approval by the CITY’s Project Manager via amended Task Order, utilizing the Task
Order approval process detailed herein.
SECTION 2. TERM. The term of this Agreement shall be from October 1, 2020 through June
30, 2022, coinciding with partial Fiscal Year 2020-21 (October 1, 2020 through June 30, 2021)
and full Fiscal Year 2021-22 (July 1, 2021 through June 30, 2022), unless terminated earlier
pursuant to Section 19 of this Agreement. The term of this Agreement may be extended by written
instrument, in accordance with Section 27.4 of this Agreement, for any period or periods not to
exceed three (3) additional years.
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 Scope of Services set forth in Exhibit A and/or the
timeline set forth in the relevant Task Order, as applicable. Any Services for which times for
performance are not specified in this Agreement or in the relevant Task Order 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 total compensation to be paid to
CONSULTANT for performance of the Services, including As Required Services (per Section 1)
and any reimbursable expenses, shall not exceed five hundred and fifty thousand dollars
($550,000) in partial Fiscal Year 2020-21, and seven hundred and fifty thousand dollars
($750,000) in Fiscal Year 2021-22, for a total contract amount not to exceed one million three
hundred thousand dollars ($1,300,000), as detailed in Exhibit B (Compensation).
CONSULTANT agrees to complete all Services, including As Required Services and any
reimbursable expenses, within this amount. The applicable rate schedule is set out at Exhibit “B-
1”, entitled “SCHEDULE OF RATES,” which is attached to and made a part of this Agreement.
3
Attachment A
Any work performed or expenses incurred for which payment would result in a total exceeding
the maximum amount of compensation set forth herein shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices describing the Services performed and the applicable charges (including, if applicable, an
identification of personnel who performed the Services, hours worked, hourly rates, and
reimbursable expenses), based upon Exhibit B, the CONSULTANT’s schedule of rates (set forth
in Exhibit B-1), and/or the relevant Task Order, as applicable. If applicable, the invoice shall also
describe the percentage of completion of each task. The information in CONSULTANT’s invoices
shall be subject to verification by CITY. CONSULTANT shall send all invoices to the CITY’s
Project Manager at the address specified in Section 13 below (Project Management), with a copy
to CITY’s Accounts Payable Division, with payment subject to approval of the CITY’s Project
Manager. The CITY will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT
represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience to
perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses,
permits, qualifications, insurance and approvals of whatever nature that are legally required to
perform the Services.
All of the Services to be furnished by CONSULTANT under this Agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY.
4
Attachment A
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers’ compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT’s
provision of the Services only, and not as to the means by which such a result is obtained.
CONSULTANT agrees to maintain and make available to CITY, upon request and during regular
business hours, accurate books and accounting records demonstrating CONSULTANT’s
compliance with this Section.
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 Council. Consent to one
assignment will not be deemed to be consent to any subsequent assignment. Any assignment made
without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this
Agreement without the prior written authorization of the CITY.
Upon prior written authorization by CITY via Task Order, 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 via Task Order.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jodi Dobson as
the Project Manager to have supervisory responsibility for the performance, progress, and
execution of the Services and Kyle O’Rourke as the designated City Auditor to represent
CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution
of the Project Manager, designated City Auditor, or any other key personnel for any reason, the
appointment of a substitute beyond a period of 90 days will be subject to the prior written approval
of the CITY’s Project Manager. Further, the City Council will interview and approve by resolution
the appointment of any substitute City Auditor as specified here and in Exhibit A (Scope of
Services). 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
5
Attachment A
adequate or timely completion of the Project or a threat to the safety of persons or property.
CITY’s Project Manager is the Chair of the City Council’s Policy and Services Committee, or
other City Council designee as identified to CONSULTANT in writing. The CITY’s Project
Manager will be CONSULTANT’s point of contact with respect to performance, progress and
execution of the Services under this Agreement. City Council may designate an alternate CITY
Project Manager upon approval of the Annual Audit Plan described in Exhibit A (Scope of
Services), approval of City Council appointments, or at any other time it is so acted upon by City
Council.
SECTION 14. OWNERSHIP OF MATERIALS. CITY shall retain all title to CITY’s
documents, data and other materials that are provided to CONSULTANT, including all copies
thereof, and all rights to patents, copyrights, trademarks, trade secrets and other intellectual
property rights inherent in such CITY materials. CITY hereby grants to CONSULTANT a limited,
non-exclusive, non-transferable license to use such CITY materials in the performance of this
Agreement and for CONSULTANT’s internal quality assurance purposes to meet its professional
standards per the American Institute of Certified Public Accountants (AICPA), Consulting
Standards and for no other purpose. Pursuant to this Agreement, CONSULTANT will provide
CITY with the deliverables (“Deliverables”) detailed in Exhibit A (Scope of Services) and/or any
approved Task Order, as applicable. Deliverables provided by the CONSULTANT shall become
the property of the City. City hereby grants to CONSULTANT a limited, non-exclusive, non-
transferable license to use such Deliverables for CONSULTANT’s internal quality assurance
purposes to meet its professional standards per the AICPA, Consulting Standards, and for no other
purpose without the prior written consent of the City Manager. All programs, working papers,
files, and other materials used or made by the CONSULTANT pursuant to this Agreement in
researching and preparing any Deliverable to be provided to the CITY hereunder shall remain the
property of the CONSULTANT (except as otherwise provided for in this Section). The City will
have access to such materials upon request. The CONSULTANT shall comply with the
confidentiality provisions of this Agreement and shall not disclose to any third party the contents
of such programs, working papers, files, or any other materials or Deliverables without prior
written approval of the City Manager.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all third-party demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to 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
6
Attachment A
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 16.A. LIMITATION OF LIABILITY.
16.A.1. 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 (“NOT TO EXCEED 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 (“INDEMNIFICATION”) 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. 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.
7
Attachment A
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. CONSULTANT shall provide the Purchasing Manager with thirty (30) days' prior
written notice of any 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 promptly following 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 in
accordance with the terms of Sections 16 and 16.A of this Agreement.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The CITY may suspend the performance of the Services, in whole or in part,
or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance
of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event
of a substantial failure of performance by CITY.
19.3. In the event of such suspension or termination, CONSULTANT will deliver
to the CITY’s Project Manager on or before the effective date in the notice of suspension or
termination, any and all Deliverables, as detailed in Section 14 (Ownership of Materials), whether
or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this
Agreement. Such Deliverables are the property of CITY, as detailed in Section 14 (Ownership of
Materials).
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
8
Attachment A
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date in the notice of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services 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, 16.A, 19.4, 20, 25 and
27.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager and Project 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
9
Attachment A
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
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
4.62.30 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
10
Attachment A
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.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California
without regard to conflict of law provisions.
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 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 and
approved as required under the Palo Alto Municipal Code.
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 is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
27.7. All exhibits, addenda, appendices, attachments, and schedules to this
Agreement (collectively, “exhibits”) which are referred to herein are by such reference
incorporated in this Agreement and deemed part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of
any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control.
11
Attachment A
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
promptly following discovery that there has been a breach in the security of the system impacting
or potentially impacting Personal Information, or in the security of the Personal Information, in
CONSULTANT’S custody or control. CONSULTANT shall not use Personal Information for
direct marketing purposes without City’s express written consent.
27.10 In the performance of the services, CONSULTANT may have access to
CITY’s proprietary or confidential information, the disclosure of which to third parties may
damage the CITY, its employees, customers or residents and/or may violate state and/or federal
law. CONSULTANT will hold such information in confidence and use it only to perform this
Agreement and for no other purpose. CONSULTANT shall exercise the same standard of care to
protect such information as CONSULTANT uses to protect its own proprietary and/or confidential
information and in no case less than a reasonable standard of care.
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, when
executed by the parties, shall together constitute a single binding agreement.
12
Attachment A
Heather Acker
CONTRACT No. C21179340 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 BAKER TILLY US, LLP
City Manager (Required on contracts over
$85,000)
Purchasing Manager (Required on contracts
over $50,000)
Contracts Administrator (Required on
contracts under $50,000)
Officer 1
By:
Name:
Title:
Jodi Dobson
Partner
APPROVED AS TO FORM:
City Attorney or designee
(Required on Contracts over $25,000)
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Partner
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER
EXHIBIT “B”: COMPENSATION
EXHIBIT “B-1”: SCHEDULE OF RATES
EXHIBIT “C”: INSURANCE REQUIREMENTS
FISCAL YEAR 2020/21 TASK ORDERS 1, 2, 3 AND 5
13
Attachment A
EXHIBIT “A”
SCOPE OF SERVICES
Background
In accordance with City Charter and Municipal Code requirements, the Palo Alto City Council
must appoint a City Auditor who serves at the will of the Council, and who executes annual
Council-approved internal audit plans through the Office of the City Auditor.
Mission of the Office of the City Auditor
The mission of the office of the city auditor is to promote honest, efficient, effective,
economical, and fully accountable and transparent city government. This mission is fulfilled
by conducting annual performance audits and financial/operational analyses of city
departments, programs, services or activities.
These audits are intended to ensure that city management is using its financial, physical, and
informational resources effectively, efficiently, economically, ethically, and equitably, and in
compliance with laws, regulations, contract and grant requirements, and city policies and
procedures.
Internal Auditor Scope of Services
This section contains the scope of internal audit services to be performed by CONSULTANT
as required by the City Charter and Municipal Code, including the required duties of, and audit
tasks performed by, the CONSULTANT’S City Auditor.
Service Requirements of the City Auditor
The City Auditor shall:
• Ensure that city departments and officers responsible for accounting and financial
management activities comply with statutory requirements and accounting standards.
• Perform internal audits of all the fiscal transactions and operations of the City, in
accordance with annual audit plans approved and directed by the City Council, that
include:
o Conducting performance audits of city departments, programs, services or
activities,
o Examination and analysis of fiscal procedures and expenditures,
o Provision of other analyses of financial and operational data, and
o Periodic unscheduled audits.
As Required Internal Audit Tasks
The following 6 tasks represent the core services to be provided by CONSULTANT. These
As Required Services must be authorized by CITY’s representative through the approval of
Task Orders prepared by CONSULTANT, in further accordance with Section 4 of this
Agreement (Not To Exceed Compensation) and Exhibit A-1 thereto (Professional Services
Task Order).
14
Attachment A
Task 1. Citywide Risk Assessment:
Beginning with year 1 and continuing at a minimum every other year thereafter, prepare a
citywide risk assessment following the same review and approval requirements described in
Task 2. The risk assessment process will be the primary determinant of subsequent audit
activity.
Task 2. Preparation of Annual Audit Plan:
Prepare an annual audit plan for review by the City Manager and appropriate City Council
committee(s), and approval by the City Council, that identifies preliminary objectives of each
audit to be performed, the schedule for each audit, and the estimated not to exceed resources
and costs for each audit. The City Auditor shall consult with the City Attorney as necessary
when developing audit plans. The annual audit plan will be largely based on the risk
assessment required in Task 1.
Task 3. Selection of External Financial Auditor and Annual Audit Coordination:
Coordinate the annual external financial audit in each year of the contract term.
Pursuant to the City Charter, the City Auditor shall oversee the selection process for the annual
external financial auditor. The City anticipates conducting a Request for Proposals for this
purpose in early 2021.
Task 4. Execute Annual Audit Plan:
Conduct a minimum number of internal audits in accordance with each approved annual audit
plan based on the risk assessments. Each internal audit will commence only upon the City’s
approval of a Task Order (which may be at the task or sub-task level) as required by this
Agreement. Each internal audit requires the preparation of a written report for review by the
City Manager, City Attorney and appropriate Council committee, and review/approval by the
City Council as required.
Task 5. Preparation of Quarterly Reports, Annual Status Report, Provision of City Hotline,
and Other Ongoing Office Administrative Functions:
Prepare and issue quarterly reports describing the status and progress toward audit completion,
to be provided as information reports to the City Council and reviewed by the appropriate
committee, unless other reporting methods are directed by Council.
Prepare and issue an annual report in the first quarter of each fiscal year on the status of
recommendations made in completed audits, to be provided as an information report to the
City Council and reviewed by the appropriate committee, unless other reporting methods are
directed by Council.
Maintain and respond to the City’s employee “hotline” function provided through voicemail,
email or written submissions. Coordinate referrals as appropriate to other City offices,
departments or divisions and incorporate relevant referrals into future risk assessments, audit
plans or audit activity as appropriate.
15
Attachment A
Task 6. Evaluation and Benchmarking
Undergo a peer evaluation following the guidelines of the Association of Local Government
Auditors every two years (i.e., at the end of the initial contract term, then every other year
thereafter throughout the contract term), or as required by the City Council, so that
performance of the internal audit function can be objectively assessed.
Prepare a cost per audit analysis following the first completed fiscal year, to be submitted at
the beginning of the second fiscal year and every year thereafter throughout the contract term,
that includes benchmark agencies determined by the CITY, and obtain independent third-party
certification of data accuracy.
The cost per audit analysis will be used to evaluate the cost effectiveness of services provided
by the CONSULTANT. This evaluation will be incorporated into ongoing performance
assessments as required and will help ensure that fees for service provision throughout the
duration of the Agreement are objectively determined and mutually agreed upon.
Last, the City Council will perform periodic Closed Session performance evaluations with the
designated City Auditor as allowed by law and performed with the other City Council
appointees (the City Manager, City Attorney and City Clerk). The appointed City Auditor will
have a 6-month evaluation, and then annually thereafter throughout the initial contract term
and any extensions granted by the City Council.
Internal Auditor Services – Designation of City Auditor, Minimum Experience Requirements and
Auditing Standards
Consistent with City Charter and Municipal Code provisions, the City Council must appoint a
City Auditor who serves at the will of the Council, and who executes annual Council-approved
internal audit plans through the Office of the City auditor.
Designation of City Auditor
The CONSULTANT has designated Kyle O’Rourke to fulfil the role of City Auditor, whose
designation received City Council approval and appointment, and whose appointment is
subject to at-will modification by the Council.
In accepting this appointment and its associated responsibilities and requirements, the
CONSULTANT agrees to the following stipulations and reserved rights of the CITY in the
event the City Auditor vacates the appointment for whatever reason:
• CONSULTANT must designate a temporary replacement not to exceed 3 months if the
City Auditor vacates the appointment without enough time for Council to appoint a
replacement.
• Any subsequent appointment of a City Auditor be conducted in the manner specified
by the City Council, subject to applicable laws.
• Continued appointment of the City Auditor is based on and subject to acceptable
performance.
16
Attachment A
During the term of this Agreement, CONSULTANT may propose an alternative City Auditor
for Council consideration should it become necessary to do so.
Minimum Experience Requirements
The CONSULTANT and City Auditor must have at least 5 years of experience performing
internal audit services to local, state, federal or quasi-public entities, with a focus on
performance auditing.
Auditing Standards
The appointed City Auditor must be a Certified Public Accountant (CPA) or Certified Internal
Auditor (CIA) in good standing and must maintain such certification at all time during the term
of the Agreement.
All staff members of CONSULTANT assigned to internal auditor services under this
Agreement must be able to conduct or assist in conducting internal audits in accordance with
Government Accounting Standards, as established by the Comptroller General of the United
States, Governmental Accountability Office.
Maintenance of Independent Contractor Status
Proposers must maintain independent contractor status at all times during the Agreement term.
Best Value Service Provision
The City Council has awarded this contract to the CONSULTANT based on its ability to
deliver cost effective and efficient internal auditor services that represent the best possible
value in exchange for public funds. Continued service provision is dependent on a number of
evaluative factors to help determine that the CITY receives the best possible value for internal
audit services during the term of this Agreement. These include, but are not limited to,
acceptable pricing; cost effective and service provision provided by the City Auditor and
CONSULTANT; and favorable City Auditor performance evaluations.
Additionally, budget constraints and economic conditions are factors that shall be considered
in determining acceptable pricing and funding.
17
Attachment A
EXHIBIT “A-1”
PROFESSIONAL SERVICES TASK ORDER
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $
5. BUDGET CODE
COST CENTER
COST ELEMENT
WBS/CIP
PHASE
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any):
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:
Name
Title
Date
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME:
BY:
Name
Title
Date
18
Attachment A
EXHIBIT “B”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for the Services (including As Required
Services) performed in accordance with the terms and conditions of this Agreement, and as set
forth in the budget schedule below. Compensation shall be calculated based on the hourly rate
schedule attached as Exhibit B-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 Services, including As
Required Services and any reimbursable expenses do not exceed the amounts set forth in Section
4 of this Agreement.
Budget Schedule FY 2020-21 FY 2021-22 Totals
Task 1: Citywide Risk Assessment $65,000.00 $25,000.00 $90,000.00
Task 2: Preparation of Annual Audit
Plan
$15,000.00
$15,000.00
$30,000.00
Task 3: Selection of External
Financial Auditor and Annual Audit
Coordination
$30,000.00
$20,000.00
$50,000.00
Task 4: Execute Annual Audit Plan $390,000.00 $600,000.00 $990,000.00
Task 5: Preparation of Quarterly
Reports, Annual Status Report,
Provision of City Hotline, and Other
Ongoing Office Administrative
Functions
$50,000.00
$50,000.00
$100,000.00
Task 6: Evaluation and Benchmarking $0.00 $40,000.00 $40,000.00
Totals $550,000.00 $750,000.00 $1,300,000.00
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, computing, telecommunications, insurance and other ordinary
business expenses are included within the scope of payment for Services and are not reimbursable
expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost:
19
Attachment A
Travel to or from the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost. Any and all such reimbursable expenses shall be identified by
CONSULTANT as separate line items on the applicable Task Order. Consultant travel and meal
expenses are not subject to the City’s Travel Policy. CONSULTANT shall identify a fixed “not to
exceed” figure for anticipated reimbursable expenses, subject to the City of Palo Alto’s approval
of such Task Order.
Should CONSULTANT’S actual incurred expenses exceed the “not to exceed” figure,
CONSULTANT and the CITY shall meet in good faith to determine the extent to which
CONSULTANT shall be reimbursed by the CITY for the excess.
All requests for payment of expenses exceeding $25.00 shall be accompanied by appropriate
backup documentation and information, including without limitation prior City approval as part of
the associated Task Order.
20
Attachment A
EXHIBIT “B-1”
SCHEDULE OF RATES
Compensation for services rendered under this Agreement shall be calculated based on the
following hourly rate schedule, which shall remain fixed during the term of the Agreement.
Hourly rates for any subsequent renewal term or terms shall be negotiated to the mutual agreement
of the parties.
Staff level Hourly rate
Partner/Director $345
City Auditor/Senior Manager $245
Manager $210
Senior Consultant $185
Consultant $130
21
Attachment A
EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS
IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S
LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS,
OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
22
Attachment A
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: E83396FE-60F3-42F1-8B72-D7107DD190AC
PROFESSIONAL SERVICES TASK ORDER
TASK ORDER 1 – FY21
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.: FY21-001
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: October 1, 2020 COMPLETION: January 15, 2021
4 TOTAL TASK ORDER PRICE: $65,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $1,235,000
5. BUDGET CODE
COST CENTER
COST ELEMENT
WBS/CIP
PHASE
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Alison Cormack, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:
Name
Title
Date
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME:
BY:
Name
Title
Date
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
• Services and Deliverables To Be Provided
• Schedule of Performance
• Maximum Compensation Amount and Rate Schedule (As Applicable)
• Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to conducting the Citywide Risk Assessment involves four (4) primary
steps:
• Step 1: Project Planning & Management
• Step 2: Information Gathering
• Step 3: Analysis
• Step 4: Reporting
Step 1 – Project Planning & Management
This step includes those tasks necessary to solidify mutual understanding of the risk
assessment scope, objectives, deliverables, and timing as well as ensuring that appropriate
client and consultant resources are available and well-coordinated. Tasks include:
• Finalize project design – The first project activities will be to:
o Identify communication channels and reporting relationships and
responsibilities of project staff
o Review and confirm project timelines
o Review and confirm deliverables
• Arrange logistics/administrative support – Matters to be addressed include schedules
for interviews and data collection, contact persons in the departments, any other
logistical matters, etc.
• Conduct kick-off meeting with key project stakeholders
Step 2 – Information Gathering
This step involves gathering information, through various means, that will enable the project
team to understand the various risks facing the City. Tasks include:
• Request and review background information – the project team will develop an
information request(s) in order to obtain various background information from the
City. The request will include, but not be limited to:
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
o Strategic plan(s)
o Financial reports, including the most recent City Budget and Comprehensive
Annual Financial Report (CAFR)
o Operational policies and procedures
o Municipal code
o Consulting reports
o Other relevant information and reports
• Conduct interviews with City Council and management
o Risk assessment interviews, aimed at understanding City functions and
identifying risks, will be conducted with City Council members as well as
department and division
• Conduct research into key risks in order to identify relevant information to assess
risks
Overall, the project team will consider the following risk types:
• Strategic
• Financial
• Operational
• Technology
• Compliance
• Reputational
• Political
Step 3 – Risk Analysis
In Step 3, the project team will develop a risk matrix consisting of auditable areas (also
referred to as an audit or risk universe). The risk matrix will include the following risk
categories:
• Environment, Strategy, and Governance – risks that have an organization wide impact
and are not subject to a specific department or function (e.g., ethics)
• Significant Projects and Initiatives – risks associated with large projects (e.g., capital
projects, technology implementation) or City initiatives (e.g., employee engagement
initiative).
• Function Specific Risks – risks associated with a specific department or function
(e.g., procurement policy compliance)
After assembling a risk matrix, the project team will assess the likelihood and impact of
potential adverse events in order to quantitatively score each auditable area for purposes of
prioritizing audit activities.
Step 4 – Reporting
In Step 4, the project team will finalize the draft Risk Matrix and prepare a draft Risk
Assessment Report. The project team will ask for input (general completeness, risk scoring)
on the Risk Matrix from key project stakeholders. Upon finalization of the Risk Matrix, the
project team will finalize the Risk Assessment Report.
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
Deliverables:
The following deliverables will be prepared as part of this engagement:
• Risk Matrix
• Risk Assessment Report
• Presentation of Results to City Council (note that this may be combined with
presentation of the Task 2 Annual Audit Plan)
Schedule of Performance
Anticipated Start Date: October 1, 2020
Anticipated End Date: January 15, 2021
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $65,000. The not-to-exceed budget is based on an estimate of 320 total project hours, of
which 80 are estimated to be completed by the City Auditor.
Reimbursable Expenses
If circumstances allow, Baker Tilly anticipates planning one on-site fieldwork week. Given this
possibility, Baker Tilly could incur reimbursable expenses for this Task.
The not-to-exceed maximum for reimbursable expenses for this Task is $1,800.
The following summarizes anticipated reimbursable expenses:
• Round-trip Airfare – $400
• Rental Car - $400
• Hotel accommodation - $700 (3 nights)
• Food and incidentals – $300
Note that, if current restrictions associated with COVID-19 continue, an on-site visit may not be
possible. The project team will work with the City to consider circumstances at the time.
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
PROFESSIONAL SERVICES TASK ORDER
TASK ORDER 2 – FY21
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.: FY21-002
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: October 1, 2020 COMPLETION: January 15, 2021
4 TOTAL TASK ORDER PRICE: $15,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $1,220,000
5. BUDGET CODE
COST CENTER
COST ELEMENT
WBS/CIP
PHASE
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Alison Cormack, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:
Name
Title
Date
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME:
BY:
Name
Title
Date
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
• Services and Deliverables To Be Provided
• Schedule of Performance
• Maximum Compensation Amount and Rate Schedule (As Applicable)
• Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to preparing the Annual Audit Plan involves two (2) primary steps:
• Step 1: Consultation with City Council and Management
• Step 2: Reporting
Step 1 – Consultation with City Council and Management
The Risk Matrix and Risk Assessment Report will serve as the primary drivers of the Annual
Audit Plan. The project team will initiate discussions over Risk Assessment results, potential
audit activities, and audit coverage with City Council and Management. The purpose of
those conversations will be to understand the priorities of City Council, and to develop a
Draft Annual Audit Plan.
The Draft Annual Audit Plan will identify the following components for each audit activity:
• Audit activity type – audit or consulting activity
• Audit objectives and scope
• Anticipated budget – both in terms of hours and budget
• Anticipated timeline
Step 2 – Reporting
The project team will present the Draft Annual Audit Plan to the City Council in order to
obtain input on each potential audit activity. Upon refining the plan, the project team will
finalize the Annual Audit Plan for presentation to City Council.
Deliverables:
The following deliverable will be prepared as part of this engagement:
• Annual Audit Plan
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
Schedule of Performance
Anticipated Start Date: October 1, 2020
Anticipated End Date: January 15, 2021
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $15,000. The not-to-exceed budget is based on an estimate of 60 total project hours, of
which 20 are estimated to be completed by the City Auditor.
Reimbursable Expenses
Baker Tilly does not anticipate incurring reimbursable expenses for this Task.
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
PROFESSIONAL SERVICES TASK ORDER
TASK ORDER 3 – FY21
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.: FY21-003
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: October 1, 2020 COMPLETION: June 30, 2021
4 TOTAL TASK ORDER PRICE: $30,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $1,190,000
5. BUDGET CODE
COST CENTER
COST ELEMENT
WBS/CIP
PHASE
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Alison Cormack, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:
Name
Title
Date
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME:
BY:
Name
Title
Date
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
• Services and Deliverables To Be Provided
• Schedule of Performance
• Maximum Compensation Amount and Rate Schedule (As Applicable)
• Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to preparing the Annual Audit Plan involves one (1) primary step in
FY21.
• Step 1: Selection of the Financial Auditor
Step 1 – Selection of the Financial Auditor
In FY20, the project team will assist in the selection of the Financial Auditor. In order to
accomplish this task, the project team will:
• Meet with management to understand the nature of the existing agreement with the
Financial Auditors
• Work with the Purchasing Department to develop a strategy for selection, including
developing the solicitation, formulating the selection committee, evaluating
proposals, finalizing selection, and developing a contract document
• Review the prior solicitation materials with the Purchasing Department,
Administrative Services Department, and Legal Department to identify necessary
updates and other considerations
• Assist the Purchasing Department in finalizing the solicitation materials
• Coordinate activities of the selection committee
• Coordinate contract review between the selected vendor and the Legal Department
• Periodically report on the status of the selection to the City Council
• Assist, as needed and required, in City Council presentations related to the selection
Deliverables:
The final deliverable associated with this Task consists of a final contract with the
selected Financial Audit vendor.
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
Schedule of Performance
Anticipated Start Date: October 1, 2020
Anticipated End Date: June 30, 2021
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $30,000. The not-to-exceed budget is based on an estimate of 130 total project hours, of
which 40 are estimated to be completed by the City Auditor.
Reimbursable Expenses
Baker Tilly anticipates incurring reimbursable expenses for this Task. The expenses will be
incurred to attend the City Council meeting for final selection of the Financial Auditor.
The not-to-exceed maximum for reimbursable expenses for this Task is $1,300.
The following summarizes anticipated reimbursable expenses:
• Round-trip Airfare – $400
• Rental Car - $250
• Hotel accommodation - $450 (2 nights)
• Food and incidentals – $200
Note that, if current restrictions associated with COVID-19 continue, the final presentation may
take place virtually. The project team will work with the City to consider circumstances at the
time.
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
PROFESSIONAL SERVICES TASK ORDER
TASK ORDER 5 – FY21
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.: FY21-005
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: October 1, 2020 COMPLETION: June 30, 2021
4 TOTAL TASK ORDER PRICE: $50,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $1,140,000
5. BUDGET CODE
COST CENTER
COST ELEMENT
WBS/CIP
PHASE
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Alison Cormack, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:
Name
Title
Date
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME:
BY:
Name
Title
Date
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
• Services and Deliverables To Be Provided
• Schedule of Performance
• Maximum Compensation Amount and Rate Schedule (As Applicable)
• Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly will provide the following services in Task 5:
• Quarterly Reports
• Annual Status Report
• Provision of the City Hotline
• Office Administrative Functions
Deliverables:
The following deliverable will be prepared as part of this engagement:
• Quarterly Reports (2 in FY21)
• Annual Status Report
Schedule of Performance
Anticipated Start Date: October 1, 2020
Anticipated End Date: June 30, 2021
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $50,000 The not-to-exceed budget is based on an estimate of 250 total project hours, of
which 80 are estimated to be completed by the City Auditor.
Reimbursable Expenses
Baker Tilly anticipates incurring reimbursable expenses for this Task. The expenses will be
incurred to present Quarterly Reports to City Council.
DocuSign Envelope ID: E83396FE-60F3-42F1-8B72-D7107DD190AC
The not-to-exceed maximum for reimbursable expenses for this Task is $2,800.
The following summarizes anticipated reimbursable expenses:
• Round-trip Airfare – $900
• Rental Car – $500
• Hotel accommodation - $900 (4 nights)
• Food and incidentals – $500
Note that, if current restrictions associated with COVID-19 continue, the final presentation may
take place virtually. The project team will work with the City to consider circumstances at the
time.
Certificate Of Completion
Envelope Id: E83396FE60F342F18B72D7107DD190AC Status: Completed
Subject: Please DocuSign: PaloAlto-BakerTilly-Agreement C21179340
Source Envelope:
Document Pages: 35 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Terry Loo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Terry.Loo@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
9/16/2020 4:46:45 PM
Holder: Terry Loo
Terry.Loo@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Jodi Dobson
Jodi.Dobson@bakertilly.com
Partner
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 75.100.2.17
Sent: 9/16/2020 5:08:18 PM
Resent: 9/16/2020 5:25:21 PM
Viewed: 9/16/2020 5:26:11 PM
Signed: 9/16/2020 5:32:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Heather Acker
Heather.Acker@bakertilly.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.35.161.170
Sent: 9/16/2020 5:32:19 PM
Viewed: 9/16/2020 5:35:11 PM
Signed: 9/16/2020 5:36:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Pete Gonda
pgonda@managementpartners.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 9/16/2020 5:36:52 PM
Signer Events Signature Timestamp
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
Greg Larson
glarson@managementpartners.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kyle O'Rourke
Kyle.ORourke@bakertilly.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Christine Paras
Christine.Paras@CityofPaloAlto.org
Asst. Director Administrative Services
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 9/16/2020 5:36:53 PM
Sent: 9/16/2020 5:36:54 PM
Sent: 9/16/2020 5:36:55 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/16/2020 5:36:55 PM
Certified Delivered Security Checked 9/16/2020 5:36:55 PM
Signing Complete Security Checked 9/16/2020 5:36:55 PM
Completed Security Checked 9/16/2020 5:36:55 PM
Payment Events Status Timestamps
Carbon Copy Events Status Timestamp
Resolution No. ________
A Resolution of the City Council for the City of Palo Alto
Appointing Kyle O’Rourke, Senior Consulting Manager with
Baker Tilly US, LLP, as the Palo Alto City Auditor.
R E C I T A L S
A.The Palo Alto City Charter specifies the duties and functions of the City Auditor for the
City of Palo Alto;
B.The Charter further specifies that the City Council shall appoint the City Auditor;
C.The Council has directed a comprehensive request for proposals process for outsourced
internal auditing services; and
D.The Council has interviewed candidates to serve as City Auditor resulting from that
request for proposals process and has identified a highly- qualified, experienced
candidate;
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Council hereby appoints Kyle O’Rourke, Senior Consulting Manager for
Baker Tilly US, LLP, as City Auditor for the City of Palo Alto;
SECTION 2. Kyle O’Rourke shall serve as City Auditor at the will of the Council as
provided by the Charter, and shall further serve according to all of the terms and provisions of
the Charter, the Municipal Code and the agreement for outsourced internal auditing services
between the City of Palo Alto and Baker Tilly US, LLP; and
SECTION 3. Nothing in this action confers employment or other employee rights,
responsibilities and obligations to Kyle O’Rourke or Baker Tilly US, LLP.; and
Attachment B
SECTION 4. This resolution shall be effective October 1, 2020 and only through the term of the
agreement for outsourced internal auditing services between the City of Palo Alto and Baker
Tilly US, LLP, including any amendment, extension or termination approved by the Council.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM:
__________________________
City Attorney
Attachment B
City of Palo Alto (ID # 11627)
City Council Staff Report
Report Type: Informational Report Meeting Date: 9/28/2020
City of Palo Alto Page 1
Council Priority: Transportation and Traffic
Summary Title: Resumption of RPP Enforcement
Title: Resumption of Residential Preferential Parking (RPP) Enforcement
From: City Manager
Lead Department: Transportation Department
Recommendation
This is an informational report and no City Council action is required.
Background and Discussion
To preserve neighborhood parking availability for residents as more businesses continue to
adapt to COVID-19 impacts and reopen, Residential Preferential Parking (RPP) enforcement will
resume in all six residential districts the week of October 12, 2020. To preserve purchased
permit value for resident and employee parkers, permits purchased in the last six months will
remain valid through March 2021.
Residents and permit holders will be notified about resuming enforcement via US mail.
Additional announcements will be made via the City’s communication channels, and
enforcement will resume “softly” for a limited period of time (warnings only).
Visitors and employees in commercial areas will still be able to park without time or permit
restrictions both on- and off-street (though Uplift Local visitors, businesses, and employees will
continue to be encouraged to use garages and lots over curb parking, and to walk or bicycle, as
well), while visitors to RPP districts will still have two hours of free parking available, until
demand for parking increases.
Staff will monitor key indicator blocks and corridors over the course of the remaining calendar
year to track parking availability trends. Parking availability monitoring of streets near to
University Ave. and California Ave. during Summer Streets revealed that most blocks remained
below 65% parking occupancy in June and July. The block that registered the highest occupancy
over the course of the six weeks monitored saw a significant decrease in occupancy in the
weeks afterward, correlating with City outreach efforts to encourage Summer Streets visitors to
City of Palo Alto Page 2
utilize time restriction free garage and lot space. As more of these blocks and others register
parking occupancy rates over 70% this remaining calendar year, staff will announce and resume
time restrictions on commercial parking.
After suspending Residential Preferential Parking enforcement services in March 2020, staff
have advanced a variety of planned parking program strategies to reduce costs and improve
customer service. Residents in districts up for renewal have been, and will continue to be,
contacted with instructions for how to sign up via the new online RPP Permit portal. The portal
is already active for the College Terrace and Crescent Park districts, which opened for sales in
August and September.
Additional information on the City’s parking programs is available at:
https://www.cityofpaloalto.org/gov/depts/trn/parking/default.asp/
City of Palo Alto (ID # 11576)
City Council Staff Report
Report Type: Informational Report Meeting Date: 9/28/2020
City of Palo Alto Page 1
Summary Title: Cybersecurity Awareness Proclamation - Month Oct 2020
Title: Cybersecurity Awareness Proclamation - October 2020
From: City Manager
Lead Department: IT Department
See attached proclamation.
Attachments:
• Attachment A: Cybersecurity Awareness Month Proclamation_2020
Proclamation
Cybersecurity Awareness Month – October 2020
WHEREAS, the City of Palo Alto recognizes it plays a vital role in identifying, protecting and responding to
cyber threats that may have a significant impact on security and privacy; and
WHEREAS, critical infrastructure sectors are increasingly reliant on information systems to support financial
services, energy, telecommunications, utilities, health care and emergency response systems; and
WHEREAS, the “Stop.Think.Connect.™” Campaign is designated as the National Public Awareness
Campaign implemented through a coalition of private companies, nonprofit and government organizations and
academic institutions, aimed at increasing the understanding of cyber threats and empowering the American
public to be safer and more secure online; and
WHEREAS, in support of the Cybersecurity Framework, and to better assist businesses and government
entities in addressing cyber threats, the Center for Internet Security/Multi-State ISAC, the Council on
Cybersecurity, the Governors’ Homeland Security Advisors Council and public and private sector entities have
developed a campaign to promote good cyber hygiene through actionable guidance for government and
businesses, and to promote innovation, strengthen cybersecurity investment and enhance resilience across all
sectors; and
WHEREAS, maintaining the security of cyberspace is a shared responsibility in which each of us has a critical
role to play by being aware of computer security essentials that will improve the security of the City of Palo Alto’s
information infrastructure and the economy; and
WHEREAS, the U.S. Department of Homeland Security (https://www.cisa.gov/cisa-cybersecurity-
resources) and the National Cybersecurity Alliance (https://staysafeonline.org/) have declared October as
National Cybersecurity Awareness Month, where all citizens are encouraged to visit the “Stop.Think.Connect.”
Campaign website (https://www.cisa.gov/stopthinkconnect) and put that knowledge into practice in their homes,
schools, workplaces, and businesses.
NOW, THEREFORE, I, Adrian Fine, Mayor of the City of Palo Alto, on behalf of the City Council do
hereby proclaim that the City of Palo Alto officially supports National Cybersecurity Awareness Month and the
National Public Awareness Campaign “Stop.Think.Connect.™”
Presented: September 28, 2020
______________________________
Adrian Fine
Mayor
City of Palo Alto (ID # 11589)
City Council Staff Report
Report Type: Informational Report Meeting Date: 9/28/2020
City of Palo Alto Page 1
Summary Title: PAFD Semi-Annual Performance Report FY20
Title: Palo Alto Fire Department Semiannual Performance Report for the
Second Half of Fiscal Year 2020
From: City Manager
Lead Department: Fire
Recommendation
Staff recommends the City Council review the Second Palo Alto Fire Department Semi-
Annual Performance Report for Fiscal Year 2020.
Background and Discussion
In Fiscal Year 2015 the Palo Alto Fire Department (PAFD) identified performance
reporting as a key initiative, and began reporting on key performance measures
quarterly. In Fiscal Year 2018 the Department began submitting reports twice each
year.
The report provides overall calls for service information, as well as more detailed
information on the key service areas, including Emergency Medical Services, Fire
Suppression, Rescue and Hazardous Materials Response, and Fire Prevention. The
report also provides information on mutual and automatic aid with our regional public
safety partners and internal workforce planning efforts.
Performance measures include the following:
• Calls for Service: This data provides information on the final outcome of all
emergency response calls. The data is tracked in the Fire Department’s Record
Management System, and uses standardized call type codes, which are defined
by the National Fire Incident Reporting System (NFIRS). The report includes
overall call volume by primary category, and a detailed listing of call type in the
service type sections.
• Response Times: The time that an alert is received from the emergency
dispatchers to the arrival of the fire resources at the scene of the emergency.
City of Palo Alto Page 2
This information is tracked in the Computer Aided Dispatch (CAD) System, and
the performance goals, or service levels, are set by Council in accordance with
county and national standards.
• Ambulance Transports: The report provides the number of ambulatory transports
to hospitals or other medical care facilities, and the proportion of Emergency
Medical Calls that included transports. This information is tracked in the Fire
Department’s Emergency Medical Record Management System.
• Fire Containment: This measures the proportion of building and structure fires
that are contained to the area or room of origin within Palo Alto and Stanford
Campus.
• Mutual and Automatic Aid: This includes the number and proportion of all
incidents that the PAFD provided aid to neighboring communities, as well as the
aid received from neighboring Fire Departments. This information is tracked in
the CAD System.
• Permits: This provides the total count of facility, electric vehicle, and solar
permits issued by the Fire Prevention Bureau. This information is currently
tracked in the Development Center’s Records Management System.
• Inspections: A count of the total number of Hazardous Materials and State
Mandated inspections is provided. In addition, an estimated number of
inspections to be completed for the year is also provided to assess overall
workload performance to date.
• Fire and Life Safety Plans Reviewed: This provides a total count of all plans
reviewed, as well as the proportion of plans that were reviewed within the time
guidelines.
• Vacancies and Off-Line Employees: This section provides the total number of
budgeted full-time equivalent shift personnel, current vacancies, and employees
that are off-line due to workers compensation or light duty. This information is
obtained from the Fire Department’s Staffing and Scheduling System (TeleStaff),
as well as the City’s Personnel Management System.
• Succession Planning Metrics: This provides the number and proportion of shift
personnel that are eligible to retire, or will be eligible within the next five years.
This information is tracked in the City’s Personnel Management System. This
report also provides the total number of hours that shift personnel spent in an
acting capacity. Personnel serving in an acting capacity are a key component of
the Department’s overall succession planning efforts. Acting capacity allows
junior officers to learn the responsibilities of higher ranks with guidance from
City of Palo Alto Page 3
senior officers. This information is tracked in TeleStaff.
• Training hours: The total number of training hours completed by all shift
personnel is provided, as well as the average number of hours per each shift
personnel on staff. This information is tracked in the Fire Department’s Record
Management System. Local, State and Federal mandates require fire personnel
to train a minimum of 20 hours per month.
Attachments:
• Attachment A: Coverletter Final
• Attachment B: Semi Annual Performance Report FY20.2 Final
• Attachment C: EMS Customer Survey FY20P2
City of Palo Alto
Fire Department
Honorable Councilmembers,
Enclosed is the performance report for the second half of Fiscal Year 2020, and we have seen a
significant change in our service demands and operations this period as a result of the Coronavirus
pandemic.
Overall call volume decreased by twenty-one percent (21%) from the same period in Fiscal Year 2019. All
call types decreased with the exception of Fire Calls, which increased by forty-four percent (44%) from
the prior year.
The response to the Coronavirus became the primary focus after March 2020, and the Department
tracked a total of forty-two (42) potential cases, with nine (9) confirmed patients treated with
Coronavirus. This does not include potential symptomatic carriers that were treated for other medical or
rescue needs.
The EMS Chief and Command Team worked around the clock to stay up to date on the latest evidence-
based science to develop proper equipment and decontamination policies and to secure Personal
Protective Equipment for our crews.
In an effort to assist in the research to advance the knowledge of the Coronavirus, the Department is
participating in a voluntary antibody study currently being conducted by Stanford University.
This period saw the very first time in recent history that the Fire Department is fully staffed. We
successfully hired and trained a new class of entry level Firefighters. In them coming months, Fire will be
presenting new revenue generating programs as a strategy to aid the impacts of the budget challenges
that we are facing.
Sincerely,
Geo Blackshire
Fire Chief
Palo Alto Fire Department Second Semi-Annual Performance Report Fiscal Year 2020
Calls for Service
The Palo Alto Fire Department (PAFD) responded to a total of 3,603 calls for service in the second six-
month period of Fiscal Year 2020. Calls declined twenty-one percent (21%) in comparison to prior year
which can be attributed to the impacts of the Coronavirus Pandemic. The calls include responses within
Palo Alto, Stanford, and neighboring cities to provide Auto and Mutual Aid. Approximately eighty-eight
percent (88%) of calls are generated from Palo Alto, eleven percent (11%) from Stanford, and the
remainder from neighboring cities or requests for regional fire deployment.
The majority of calls were for Rescue and Emergency Medical Services, making up sixty-two percent
(62%) of the responses. Table 1 below shows the main categories of the calls to which PAFD
responded. Calls are classified based on the actual event occurred, rather than the initial call request.
Call Type FY19 JAN-JUN FY20 JAN-JUN
Rescue and Emergency Medical Services Incidents 2,858 2,237
Good Intent 659 561
False Alarm and False Call 589 405
Service Call 335 267
Fire 48 69
Hazardous Condition, No Fire 89 64
Grand Total 4,578 3,603
Good Intent and False Alarm calls make up the second largest types of responses. Most calls for service
that may be a true threat of fire, gas or other emergency hazard are actually found to be something
else after Firefighters investigate the situation. These calls are coded as Good Intent calls. As well,
many fire alarm activations are from causes other than fire or emergency hazard. These situations are
categorized as False Alarm calls.
PAFD FY20 Bi-Annual Performance Report
2 | Page
Emergency Medical Services and Rescue
Emergency Medical Service (EMS) is the primary service that the Palo Alto Fire Department provides to
Palo Alto and Stanford. The Palo Alto Fire Department is the only Fire Department in the County that
provides ambulance and transport services.
Of the 2,237 Emergency Medical Service calls the PAFD responded to in the second period of Fiscal
Year 2020, the overwhelming majority were for medical, trauma and cardiac calls that did not involve a
vehicle accident.
Rescue and EMS Performance Measures FY19 JAN-JUN FY20 JAN-JUN
Emergency Medical Service Incident 2,826 2,201
Extrication, Rescue 26 26
Rescue or EMS Standby 2 10
Lock-In 3 0
Water and Ice-Related Rescue 1 0
Total 2,858 2,237
Transports
Number of Transports 1,885 1,530
Percent of EMS Calls resulting in transport 67% 68%
Response Times
Percent of first responder arriving on scene to EMS calls
within 8 minutes
92% 92%
Percent of paramedic responder arriving on scene to
EMS calls within 12 minutes
99%
99%
Average response time for first responder arriving on
scene to EMS calls
5:11 5:25
This period reflects a decrease to the number of Rescue and EMS Incident calls. Although the number
of transports decreased, the proportion of calls resulting in a transport remained consistent at sixty-
eight percent (68%) of all Rescue and EMS calls.
Response Time Goal Met: At least 90% of first responder arriving on scene to EMS calls within
eight minutes.
This period the PAFD first responder arrived on scene to EMS calls within eight minutes ninety-two
percent (92%) of the time.
Response Time Goal Met: At least 99% of paramedic responder arriving on scene to EMS calls
within 12 minutes.
This period the PAFD paramedic responder arrived on scene to EMS calls within 12 minutes ninety-nine
percent (99%) of the time.
PAFD FY20 Bi-Annual Performance Report
3 | Page
Fire Suppression
Very few of the potential fire calls coming into dispatch turn out to be a real fire once PAFD
investigates the scene and cause of the concerning elements. The total of calls this period was sixty-
nine (69) whereas forty-nine calls where fire was present originated from Palo Alto. Fourteen (14)
occurred in Stanford. There were two (2) building fires that the Department responded to and the fire
was contained to the area of origin. Here are the descriptions of the significant fires for this period:
1/11/20
Units responded to a fire that started in a bedroom from a candle being knocked onto bedding. The fire was
contained to the bedroom and adjacent hall. No injuries.
2/3/20
Suspected Arson fire. Vegetation around electrical substation burned. No injuries.
5/1/20
Vegetation fire in “dish” area of Stanford. Approximately 10 acres burned. Mutual Aide from Cal Fire was
required, including a helicopter, hand crew, and engines. No injuries.
Fire Suppression Measures FY19 JAN-JUN FY20 JAN-JUN
Outside rubbish fire 3 21
Structure Fire 18 17
Natural vegetation on fire 2 14
Fire, Other 9 10
Special outside fire 6 4
Mobile property (vehicle) fire 10 3
Total 48 69
Response Times
Percent of first responder arriving on scene to Fire
calls within 8 minutes 85% 87%
Average response time for first responder arriving on
scene to Fire calls 5:57 5:43
Fire Containment
Percent of building and structure fires contained to
the room or area of origin 91% 50%
Response Time Goal Not Met: At least 90% of first responder arriving on scene to Fire calls
within eight minutes.
This period the PAFD first responder arrived on scene to Fire calls within eight minutes was eighty-
seven percent (87%) of the time.
Fire Containment Goal Not Met: At least 90% of building and structure fires contained to the
room or area of origin.
This period there were two building or structure fires within Palo Alto or Stanford, of which fifty
percent (50%) were contained to the room or area of origin. For both incidents crews arrived on scene
in under 8 minutes.
PAFD FY20 Bi-Annual Performance Report
4 | Page
Hazardous Materials
The Fire Department responded to a total of sixty-four (64) calls related to hazardous material
incidents. The two primary categories of calls continue to be for Spills and Leaks or Electrical Problems,
making up sixty-four percent (64%) of all Hazardous Materials calls this period.
Hazardous Materials Response Measures FY19 JAN-JUN FY20 JAN-JUN
Combustible/Flammable spills and leaks 32 24
Electrical wiring/Equipment problem 22 17
Hazardous Condition, Other 8 10
Chemical release, reaction, or toxic condition 6 8
Accident, potential accident 2 3
Biological hazard 6 1
Attempted burning, illegal action 1 1
Total 77 64
Response Times
Average response time for first responder arriving on
scene to Rescue & Hazardous Materials calls 6:28 7:03
PAFD FY20 Bi-Annual Performance Report
5 | Page
Mutual and Automatic Aid
The Fire Department previously held automatic aid agreements with five regional Fire Departments,
including Mountain View, Menlo Park, and Santa Clara County Fire. At the request of the City of
Mountain View, the automatic aid agreement was modified at the beginning of January 2018 resulting
in a significant decrease in the number of calls compared to the prior fiscal year. The Palo Alto Fire
Department continues to advocate for the closest unit response and collects objective data to support
improved services to all of our communities under the previous automatic aid agreement.
Santa Clara County Fire received the highest amount of aid from the department this period
accounting for fifty-eight (58%) of all mutual and auto aid provided. The Department required Thirty-
One Percent more Aid from other jurisdictions this period compared to the prior year, with the
majority received from Mountain View with a total of 36 incidents.
Mutual Aid Performances FY19 JAN-JUN FY20 JAN-JUN
Mutual and Auto Aid Provided
Agency
Santa Clara County Fire 40 33
Mountain View Fire 12 15
Menlo Park Fire 6 4
San Mateo City 0 1
San Mateo County 0 2
Morgan Hill 0 1
Gilroy 0 1
San Jose 4 0
All Mutual and Auto Aid Provided 62 57
Mutual and Auto Aid Received
Agency
Mountain View Fire 28 36
Menlo Park Fire 19 16
Woodside Fire 0 10
Santa Clara County Fire 1 1
All Mutual and Auto Aid Received 48 63
PAFD FY20 Bi-Annual Performance Report
6 | Page
Fire Prevention
The Fire Prevention Bureau ensures compliance with the Fire Code for the safety of occupants and
protection of property. Fire Inspectors perform fire sprinkler and fire alarm plan checks, permitting,
and field inspections with the goal of ensuring all construction complies with local and national codes.
This period saw a decrease in the number of permits and inspections as a result of the Coronavirus
Pandemic. The Bureau expects for it to be challenging to complete inspections in the coming fiscal year
as a result of the Coronavirus Pandemic and significant staff reductions.
Prevention Bureau Performance Measures FY19 JAN-JUN FY20 JAN-JUN
Permits
Fire Permits Issued 266 160
Sprinkler Permits Issued 151 103
Solar Permits Issued 61 62
Electric Vehicle Permits Issued 0 0
Inspections
Fire Inspections 5,842 3,758
Hazardous Material Inspections Completed 168 44
Number of Hazardous Material Inspections for the year 632 716
Percent of Hazardous Material Facilities Inspections Complete 27% 6%
State Mandated Inspections Completed 99 41
Number of State Mandated Inspections for the year 574 535
Percent of State Mandated Facilities Inspections Complete 17% 7.7%
Fire and Life Safety Plan Review
Plans Reviewed 968 716
Percent of Reviews Completed On-Time 93% 97%
PAFD FY20 Bi-Annual Performance Report
7 | Page
Workforce Planning
The Department operated daily emergency response operations with a total of 86.00 FTE line
personnel for the second period of FY20. This includes three battalions of crews that staff six stations in
the City and Stanford 24 hours each day. Over the last period, the department has operated with no
vacancies for the first time in over ten years, with only 3.0 employees off-line creating a total of 3.00
FTE positions that required backfill.
The Fire Department successfully graduated a new class of Entry Level Firefighters through a Joint Fire
Academy in March and promoted Fire Captain Steven Lindsey to Battalion Chief during this second half
of the fiscal year.
The Department shifted from continuing succession planning efforts in order to focus on the response
to the Coronavirus pandemic, the Officers Academy and Fire Captain’s Test were postponed. A
significant focus for the training department was decontamination and proper preventative procedures
responding to the Coronavirus pandemic.
Vacancies and Off-Line Employees FY20 JAN-JUN
Classification Budgeted
FTE Vacancies
Off-Line Employees
(Workers Comp/Light
Duty)
Personnel
On Line
Percent of
Personnel
On Line
Battalion Chief 4 0 0 4 100%
Fire Captain 22 0 0 22 100%
Fire Apparatus Operator
& Fire Fighters 60 0 3 57 95%
TOTAL 86 0 3 83 97%
Succession Planning FY19 JAN-JUN FY20 JAN-JUN
Personnel
Number of Shift Staff Currently Eligible to Retire 25 23
Number of Shift Staff Eligible to Retire in Five Years 10 15
Percent of all Shift Staff Eligible to Retire within Five Years 49% 44%
Number of Acting Battalion Chief Hours 24 0
Number of Acting Captain Hours 1,529 2,451
Number of Acting Apparatus Operator Hours 7,088 12,992
Training
Hours of Training Completed 13,438 10,960
Average Hours Per Line Personnel 253 132
PAFD
VITAL SIGNS REPORT
SURVEYS RECEIVED 1-1-2020 THROUGH 6-30-2020
FILTERS: SURVEY: 1
P.O. Box 100,
Andover MA 01810
(844) 340-6060
Feedback-Innovations.com
1.0 EXECUTIVE SUMMARY
PAFD received a total of 173 responses for this period. The highest rated section was
Communication, with a total score of 97.1. The lowest rated section was Billing, with a total
score of 87.53.
•The Communication section had a 1.6% increase in Ambulance staff's efforts to inform
you about treatment Los esfuerzos del personal del ambulancia para informarle sobre
el procedimiento.
•The Billing section had a 0.8% decrease in Ability of billing personnel to meet your
needs Capacidad del personal de facturación para satisfacer sus necesidades. This
question and section may represent specific areas for improvement.
•Percentile ranking this period is lower 28.26%.
Cumulative Score: 94.6
The benchmark is the mean average of all responses for all services in the Feedback Innovations database.
VITAL SIGNS PATIENT SATISFACTION REPORT
1
VITAL SIGNS PATIENT SATISFACTION REPORT
2
2.0 IMPROVEMENT PRIORITY RANKING
Rank Question
1 Professionalism of person on the phone
Profesionalidad de la persona al teléfono
2 Ability of person on phone to meet your needs
Capacidad de la persona al teléfono para satisfacer sus necesidades
3 Speed in which person on the phone dispatched help
Velocidad en que la persona al teléfono envió la ayuda
4 Information given prior to ambulance arrival
Información ofrecida antes de la llegada de la ambulancia
5 Helpfulness of billing personnel
Amabilidad del personal de facturación
6 Ability of billing personnel to meet your needs
Capacidad del personal de facturación para satisfacer sus necesidades
7 Responsiveness of billing personnel to billing issues
Capacidad de respuesta a los problemas de facturación
8 Cleanliness of ambulance
Limpieza de la ambulancia
9 Wait time to get an ambulance
Tiempo de espera para conseguir una ambulancia
10 Degree to which service was worth the fees
Grado en que el servicio es digno de los honorarios
11 Likelihood of recommending ambulance service
Probabilidad de recomendar el servicio
12 Ambulance staff's concern for your privacy
La preocupación del personal del ambulancia en cuanto a su privacidad
13 Degree ambulance staff took your condition seriously
Grado en que el personal del ambulancia se tomó en serio su condición
14 Ambulance staff's efforts to inform you about treatment
Los esfuerzos del personal del ambulancia para informarle sobre el procedimiento
15 Degree to which the ambulance staff worked together to care for you
Grado en que el personal del ambulancia trabajó en equipo para cuidar de usted
16 Comfort of ambulance ride
Confort durante el viaje en ambulancia
17 Your confidence in skill of ambulance staff
Su confianza en la experiencia del personal del ambulancia
18 Ambulance staff cared for you as a person
Cuidados recibidos por personal del ambulancia
19 How well your pain was controlled
¿En qué grado se ha controlado su dolor?
20 Your comfort when moved by ambulance staff
Su comodidad cuando fue trasladado por el personal del ambulancia
The Improvement Priority Ranking uses a combination of score and correlation to overall satisfaction to determine the most
important areas for improvement. The closer to 1 the more important it is to your patients that this aspect of your service be
improved upon.
VITAL SIGNS PATIENT SATISFACTION REPORT
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY
2.0 IMPROVEMENT PRIORITY RANKING
TABLE OF CONTENTS
4.0 SECTIONS
4.1 Dispatch
4.2 Communication
4.3 Medical Care
4.4 Billing
4.5 Service Quality
4.6 Overall
1
3
4
5
5
6
7
8
9
10
3.0 DEMOGRAPHIC INFORMATION
VITAL SIGNS PATIENT SATISFACTION REPORT
4
4.0 SECTIONS
4.1 Dispatch
Percentile ranking this period is lower 40.0%.
The Dispatch section showed a 0.65% increase overall from Previous Period to Current
Period, with a total score of 96.45. Drilling down by question for the Dispatch section:
•There was a 1.0% increase for Professionalism of person on the phone Profesionalidad
de la persona al teléfono, with a score of 96.6.
•There was a 0.8% increase for Ability of person on phone to meet your needs
Capacidad de la persona al teléfono para satisfacer sus necesidades, with a score of
96.8.
•There was a 0.8% increase for Speed in which person on the phone dispatched help
Velocidad en que la persona al teléfono envió la ayuda, with a score of 97.2.
•There was a 0.0% increase for
Information given prior to ambulance arrival Información ofrecida antes de la llegada
de la ambulancia, with a score of 95.2.
VITAL SIGNS PATIENT SATISFACTION REPORT
5
4.2 Communication
Percentile ranking this period is lower 46.67%.
The Communication section showed a 1.05% increase overall from Previous Period to
Current Period, with a total score of 97.1. Drilling down by question for the Communication
section:
•There was a 1.0% increase for Ambulance staff's concern for your privacy La
preocupación del personal del ambulancia en cuanto a su privacidad, with a score of
96.6.
•There was a 1.0% increase for Degree ambulance staff took your condition seriously
Grado en que el personal del ambulancia se tomó en serio su condición
, with a score of 98.0.
•There was a 1.6% increase for Ambulance staff's efforts to inform you about treatment
Los esfuerzos del personal del ambulancia para informarle sobre el procedimiento
, with a score of 96.4.
•There was a 0.6% increase for
Degree to which the ambulance staff worked together to care for you Grado en que el
personal del ambulancia trabajó en equipo para cuidar de usted, with a score of 97.4.
VITAL SIGNS PATIENT SATISFACTION REPORT
6
4.3 Medical Care
Percentile ranking this period is upper 44.44%.
The Medical Care section showed a 1.36% increase overall from Previous Period to Current
Period, with a total score of 96.12. Drilling down by question for the Medical Care section:
•There was a 1.0% increase for Your confidence in skill of ambulance staff Su confianza
en la experiencia del personal del ambulancia, with a score of 97.6.
•There was a 0.6% increase for Ambulance staff cared for you as a person Cuidados
recibidos por personal del ambulancia, with a score of 97.2.
•There was a 2.0% increase for How well your pain was controlled ¿En qué grado se ha
controlado su dolor?, with a score of 95.2.
•There was a 2.4% increase for Your comfort when moved by ambulance staff Su
comodidad cuando fue trasladado por el personal del ambulancia, with a score of 96.8.
•There was a 0.8% increase for Comfort of ambulance ride Confort durante el viaje en
ambulancia, with a score of 93.8.
VITAL SIGNS PATIENT SATISFACTION REPORT
7
4.4 Billing
Percentile ranking this period is lower 16.28%.
The Billing section showed a 1.2% decrease overall from Previous Period to Current Period,
with a total score of 87.53. Drilling down by question for the Billing section:
•There was a 1.0% decrease for
Helpfulness of billing personnel Amabilidad del personal de facturación, with a score of
87.6.
•There was a 0.8% decrease for Ability of billing personnel to meet your needs
Capacidad del personal de facturación para satisfacer sus necesidades, with a score of
87.4.
•There was a 1.8% decrease for Responsiveness of billing personnel to billing issues
Capacidad de respuesta a los problemas de facturación, with a score of 87.6.
VITAL SIGNS PATIENT SATISFACTION REPORT
8
4.5 Service Quality
Percentile ranking this period is lower 28.89%.
The Service Quality section showed a 1.15% increase overall from Previous Period to Current
Period, with a total score of 94.8. Drilling down by question for the Service Quality section:
•There was a 0.4% increase for Cleanliness of ambulance Limpieza de la ambulancia,
with a score of 96.8.
•There was a 1.0% increase for Wait time to get an ambulance Tiempo de espera para
conseguir una ambulancia, with a score of 97.0.
•There was a 2.6% increase for Degree to which service was worth the fees Grado en
que el servicio es digno de los honorarios, with a score of 91.4.
•There was a 0.6% increase for Likelihood of recommending ambulance service
Probabilidad de recomendar el servicio , with a score of 94.0.
VITAL SIGNS PATIENT SATISFACTION REPORT
9
4.6 Overall
Percentile ranking this period is lower 31.52%.
The Overall section showed a 0.0% increase overall from Previous Period to Current Period,
with a total score of 95.6. Drilling down by question for the Overall section:
•There was a 0.0% increase for Overall rating of experience Valoración general de la
experiencia, with a score of 95.6.
VITAL SIGNS PATIENT SATISFACTION REPORT
10