HomeMy WebLinkAbout2021-05-24 City Council Agenda Packet
City Council
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Monday, May 24, 2021
Special Meeting
5:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in
the Council Chambers on the Thursday 11 days preceding the meeting.
***BY VIRTUAL TELECONFERENCE ONLY***
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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.
PUBLIC COMMENT
Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the
presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker
request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to
discussion of the item. You are not required to give your name on the speaker card in order to speak to the
Council, but it is very helpful. Public comment may be addressed to the full City Council via email at
City.Council@cityofpaloalto.org.
TIME ESTIMATES
Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times
are estimates only and are subject to change at any time, including while the meeting is in progress.
The Council reserves the right to use more or less time on any item, to change the order of items and/or to
continue items to another meeting. Particular items may be heard before or after the time estimated on the
agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the
public.
HEARINGS REQUIRED BY LAW
Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their
remarks and up to three minutes for concluding remarks after other members of the public have spoken.
Call to Order
Agenda Changes, Additions and Deletions
Oral Communications 5:00-5:15 PM
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of
Oral Communications period to 30 minutes.
Minutes Approval 5:15-5:20 PM
1. Approval of Action Minutes for the May 10, 2021 City Council Meeting
2 May 24, 2021
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.
Consent Calendar 5:20-5:25 PM
Items will be voted on in one motion unless removed from the calendar by three Council Members.
2.Approval of a Contract With Wunderlich—Malec Engineering in the
Amount of $186,284 to Upgrade the Software for the Supervisory
Control and Data Acquisition System (SCADA) at the Regional Water
Quality Control Plant
3.Approval of a Contract With Hach Company in the Amount
Not-to-Exceed $116,938 to Install and Migrate Software for a Plant
Information Management System (PIMS) at the Regional Water Quality
Control Plant
4.Approval of Contract Number C21180768 With Public Safety
Innovation, Inc. in an Amount Not-to-Exceed $250,000 to Provide
Specialized Professional Services Across a Facet of Network,
Computer, Data, Radio, and Other Telecommunications Systems That
Reside in Vehicles, Portable Platforms, and City Facilities, in Support of
the Palo Alto Public Safety Team for a Term of Five-years Through
April 2026
5.Adoption of an Ordinance Clarifying Emergency Building and Planning
Permit Extensions Granted in Spring 2020 in Response to the COVID-
19 Pandemic
6.SECOND READING: Adoption of an Ordinance Amending Section
22.04.150(b) of the Palo Alto Municipal Code to Reinstate Preexisting
Restrictions on Horses and Bicycles Using Certain Entrances to
Foothills Nature Preserve; and Amending the Fiscal Year 2021
Municipal Fee Schedule to add new Vehicle Entry Fee Categories and
Free Passes for Foothills Nature Preserve (FIRST READING: May 10,
2021 PASSED: 7-0)
City Manager Comments 5:25-5:35 PM
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
5:35-6:15 PM
7.Approval of Contract Number C21174926 With GreenWaste Recovery,
Inc. for Solid Waste Processing and Disposal Services With an 8.5 Year
Term for an Estimated Average Annual Amount of $4.82 Million;
Adoption of a Negative Declaration for the Palo Alto Solid Waste
Processing Contract as Adequate and Complete Under the California
Environmental Quality Act (CEQA); and Approval of an Amendment to
the Second Memorandum of Understanding With the Cities of
Q&A
Q&A
Presentation
Memo
Public
Comment
3 May 24, 2021
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.
Sunnyvale and Mountain View Regarding the Sunnyvale Materials
Recovery and Transfer Station
6:15-8:30 PM
8.Review of the Fiber Network Expansion Plan and Fiber -to-the-Home
(FTTH) Business Case, Provide Feedback on the FTTH Business Model,
and Direction That Includes Building Community Awareness,
Engagement and Survey, and Funding Options
8:30-9:30 PM
9.Colleagues' Memo Requesting Council Refer to the Policy and Services
Committee a Proposed Program Allowing Neighbors to Directly Connect
With Each Other, and a Potential Volunteer Network for the City
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.
Public
Comment
Presentation
Public
Comment
4 May 24, 2021
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.
Additional Information
Informational Report
2020 Annual Palo Alto Airport Noise Report Identifying Trends in th e
Surrounding Areas and Determining Compliance With Established Voluntary
Noise Abatement Procedures
Council and Standing Committee Meetings
Sp. Finance Committee Budget Meeting May 25, 2021 9:00 AM
Sp. City Council Meeting-Closed Session May 26, 2021 6:00 PM
Schedule of Meetings
Schedule of Meetings
Public Letters to Council
Set 1
Set 2
Set 3
5 May 24, 2021
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.
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
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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
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3. Spoken public comments using a smart phone will be accepted
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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
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your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
May 24, 2021
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the May 10, 2021 City Council Meeting
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 05-10-21 CCM DRAFT Action Minutes (PDF)
Department Head: Beth Minor, City Clerk
Page 2
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 6
Special Meeting
May 10, 2021
The City Council of the City of Palo Alto met on this date in virtual
teleconference at 5:00 P.M.
Participating Remotely: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka
Absent:
Agenda Changes, Additions and Deletions
Vice Mayor Burt advised Agenda Item Number 1 would be heard after
Agenda Item Number 7.
Minutes Approval
2. Approval of Action Minutes for the April 19, 2021 City Council Meeting.
MOTION: Mayor DuBois moved, seconded by Vice Mayor Burt to approve
the Action Minutes for the April 19, 2021 City Council Meeting.
MOTION PASSED: 7-0
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 7.
MOTION: Council Member Cormack moved, seconded by Council Member
Stone to approve Agenda Item Numbers 3-7.
3. Finance Committee Recommends the City Council Approve the Macias
Gini & O’Connell’s Single Audit Report for the Year Ended June 30,
2020.
4. Policy and Services Committee Recommends the City Council Accept
the City Auditor’s Quarterly Status Report (Q3 of Fiscal Year 2021),
and Approve Additional Task Orders for Approved Audit Activities.
5. Approval of the Acceptance and Appropriation of State of California
Citizens Options for Public Safety (COPS) Funds; and Approval of a
Budget Amendment (Requires 2/3 Approval) in the Supplemental Law
Enforcement Services Fund.
DRAFT ACTION MINUTES
Page 2 of 6
Sp. City Council Meeting
Draft Action Minutes: 05/10/2021
6. Parks and Recreation Commission and Staff Recommend the City
Council: 1) Adopt an Ordinance Amending the Fiscal Year (FY) 2021
Municipal Fee Schedule to Include Foothills Nature Preserve Daily
Vehicle Entrance Fees Based on Passenger Capacity and Free Vehicle
Entrance for Certain Students and on Certain Days; 2) Prohibit the use
of Certain Entrances to Foothills by Horse and Bicycle Users; and 3)
Direct Staff to Permanently Remove Nine Hillside Barbecues at
Foothills to Improve Fire Safety.
7. Resolution 9954 Entitled, “Resolution of the Council of the City of Palo
Alto to Extend the Temporary Closures of Portions of California
Avenue, University Avenue, and Certain Downtown Streets
Intersecting University Avenue; and Extending the Pilot Parklet
Program as First Authorized by Resolution Number 9099.”
MOTION PASSED FOR AGENDA ITEM NUMBERS 3-6: 7-0
MOTION PASSED FOR AGENDA ITEM NUMBER 7: 6-1 Tanaka no
Special Orders of the Day
1. Appointment of Candidates to the Human Relations Commission, Public
Art Commission, Stormwater Management Oversight Committee, and
the Utilities Advisory Commission.
First Round of voting for three positions on the Human Relations Commission
with terms ending May 31, 2024.
Voting For:
Sunita de Tourreil (Incumbent) Cormack, Tanaka, Kou
Adriana Eberle Burt, Cormack, DuBois, Filseth, Stone,
Tanaka, Kou
Michelle Kraus Burt, DuBois, Filseth, Stone
Kaloma Smith (Incumbent) Burt, Cormack, DuBois, Filseth, Stone,
Tanaka, Kou
Beth Minor, City Clerk, announced that Adriana Eberle with 7 votes, Kaloma
Smith with 7 votes, and Michelle Kraus with 4 votes were appointed to the
Human Relations Commission.
First Round of voting for three positions on the Public Art Commission with
terms ending May 31, 2024.
DRAFT ACTION MINUTES
Page 3 of 6
Sp. City Council Meeting
Draft Action Minutes: 05/10/2021
Voting For:
Shiraaz Bhabha Cormack, Tanaka
Loren Gordon (Incumbent) Burt, DuBois, Filseth, Kou, Stone, Tanaka
Mette Huberman
Emily Meyer Cormack
Ben Miyaji (Incumbent) Burt, Stone, Tanaka
Cleia Muggler DuBois, Filseth, Kou
Harriet Stern
Lisa Waltuch Burt, Cormack, DuBois, Filseth, Kou,
Stone
Mark Weiss
Beth Minor, City Clerk, announced that Loren Gordon with 6 votes, and Lisa
Waltuch with 6 votes were appointed to the Public Art Commission.
Second Round of voting for one position on the Public Art Commission with
terms ending May 31, 2024.
Voting For:
Shiraaz Bhabha
Mette Huberman
Emily Meyer
Ben Miyaji (Incumbent) Cormack, Burt, Stone, Tanaka
Cleia Muggler DuBois, Filseth, Kou
Harriet Stern
Mark Weiss
Beth Minor, City Clerk, announced that Ben Miyaji with 4 votes was
appointed to the Public Art Commission.
DRAFT ACTION MINUTES
Page 4 of 6
Sp. City Council Meeting
Draft Action Minutes: 05/10/2021
First Round of voting for four positions on the Storm Water Management
Oversight Committee with terms ending May 31, 2025.
Voting For:
Stephanie MacDonald Cormack, Stone, Tanaka
Hal Mickelson (Incumbent) Burt, Cormack, DuBois, Filseth, Kou,
Stone, Tanaka
Dena Mossar (Incumbent) Burt, Cormack, DuBois, Filseth, Kou,
Stone
Catherine Perman Burt, DuBois, Filseth, Kou, Tanaka
Bob Wenzlau (Incumbent) Burt, Cormack, DuBois, Filseth, Kou,
Stone, Tanaka
Beth Minor, City Clerk, announced that Hal Mickelson with 7 votes, Bob
Wenzlau with 7 votes, Dena Mossar with 6 votes, and Catherine Perman with
5 votes were appointed to the Storm Water Management Oversight
Committee.
First Round of voting for two positions on the Utilities Advisory Commission
with a term ending May 31, 2024.
Voting For:
John Bowie Burt, Cormack, DuBois, Filseth, Kou,
Stone, Tanaka
Carol Guthrie Cormack, Tanaka
Don Jackson (Incumbent) DuBois, Filseth, Kou
Phil Metz Burt, Stone
Rajmohan Rajagopalan
Beth Minor, City Clerk, announced that John Bowie with 7 votes was
appointed to the Utilities Advisory Commission.
Second Round of voting for one position on the Utilities Advisory Commission
with a term ending May 31, 2024.
Voting For:
DRAFT ACTION MINUTES
Page 5 of 6
Sp. City Council Meeting
Draft Action Minutes: 05/10/2021
Carol Guthrie Tanaka
Don Jackson (Incumbent) DuBois, Filseth, Kou
Phil Metz Burt, Cormack, Stone
Rajmohan Rajagopalan
Beth Minor, City Clerk, announced that a third round of voting will be needed
for the Utilities Advisory Commission.
Third Round of voting for one position on the Utilities Advisory Commission
with a term ending May 31, 2024.
Voting For:
Carol Guthrie
Don Jackson (Incumbent) DuBois, Filseth, Kou
Phil Metz Burt, Cormack, Stone, Tanaka
Rajmohan Rajagopalan
Beth Minor, City Clerk, announced that Phil Metz with 4 votes was appointed
to the Utilities Advisory Commission.
Action Items
8. Joint City Council/Planning and Transportation Commission Meeting,
Followed by Council Action to Kick Off the Housing Element Update;
and Provide City Council Endorsement of the City's Approach to Fulfill
State Housing Element Certification Requirements and Approval.
Council took a break at 6:30 P.M. and returned at 6:40 P.M.
MOTION: Mayor DuBois moved, seconded by Council Member Filseth to
accept the overall project schedule and approach, as well as the roles and
responsibilities of the Housing Element Working Group, Council Ad Hoc
Committee and Planning and Transportation Commission, as detailed in this
report, with an attempt to spread the workload as evenly as possible over
the schedule.
MOTION PASSED: 7-0
DRAFT ACTION MINUTES
Page 6 of 6
Sp. City Council Meeting
Draft Action Minutes: 05/10/2021
Closed Session
9. Conference With the City’s Cybersecurity Operations Managers (City
Manager and IT Operations Management Staff) – Regarding Current
Cyberthreat Environment and City Cybersecurity Programs Authority:
Government Code Section 54957(a).
MOTION: Council Member Cormack moved, seconded by Mayor DuBois to
go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 8:18 P.M.
Council returned from Closed Session at 10:00 P.M.
Mayor DuBois announced no reportable action.
Adjournment: The meeting was adjourned at 10:00 P.M. in honor of Peace
Officer’s Memorial Day on Saturday, May 15th.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal
Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared
in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in
accordance with Ordinance No. 5423, the City Council found action minutes
and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are
available on the City’s website.
City of Palo Alto (ID # 11997)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/24/2021
City of Palo Alto Page 1
Summary Title: Supervisory Control and Data Acquisition Upgrade Contract
at Regional Water Quality Control Plant
Title: Approval of a Contract With Wunderlich —Malec Engineering in the
Amount of $186,284 to Upgrade the Software for the Supervisory Control
a nd Data Acquisition System (SCADA) at the Regional Water Quality Control
Plant
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to
execute the attached contract with Wunderlich—Malec Engineering (Attachment A) in an
amount not to exceed $186,824 for services to upgrade the software for the Supervisory
Control and Data Acquisition System (SCADA) at the Regional Water Quality Control Plant.
Background
The Regional Water Quality Control Plant (Plant) utilizes SCADA software called “iFix,” which is
made by GE Digital. The SCADA software centralizes the management and control of all Plant
industrial process equipment, operator interface screens, alarm monitoring, and data collection
systems used in data review, process control, and regulatory reporting. The software allows for
a consistent graphical interface presenting monitored data, calculations, alarms, and
equipment run status. The software is essential for staff to monitor, change setpoints, and
control the treatment process for a 24/7 operation that protects public health and the
environment.
Discussion
The GE iFix SCADA software has been in use at the Plant since about 1997. The project
enhances data management around a centralized data storage architecture. The project
updates the software to the latest version of iFix (i.e., 5.8 to 6.1), restructures the data flow,
and improves data access control/security. The SCADA upgrade also allows retirement of
unsupported legacy software that must be updated to Hach Company “Hach WIMS” software
concurrent with this project to improve the core data architecture, which is used to prepare for
periodic state and federal regulatory reporting.
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Scope of Services Description
The Consultant will provide services to upgrade the SCADA software. The work to be performed
under this contract include
Task Description
1 iFIX Database Consolidation and Update
2 GE Proficy Historian Implementation
3 HMI Conversion Services
4 Develop Alarm and Event Management
5 Develop Security
6 Software and Hardware Configuration
7 Project Management
8 Implementation
9 Technical Training
10 Operator Training
11 Acceptance and Testing
12 Warranty and Maintenance with 24/7
Scope of Solicitation Process
On September 2, 2020, the City posted a Request for Proposals (RFP) notice through Planet Bids
for Supervisory Control and Data Acquisition (SCADA) Software Upgrade. A total of 24 firms
downloaded the RFP documents and attachments related to the Project through Planet Bids.
The solicitation period was 28 days. On September 30, 2020, proposals were received from four
qualified firms: I. B. Abel, Inc.; Telstar Instruments; Woodard & Curran; and Wunderlich-Malec
Engineering.
Proposal Title/Number Supervisory Control and Data Acquisition
(SCADA) Software Upgrade (RFP 178989)
Proposed Length of the Project 4 – 6 months
Number of Notices sent to Vendors via City’s
eProcurement system
5
Number of solicitation packages downloaded
by Vendors
24
Total days to submit Proposal 28
Pre-Proposal Meeting 9/9/2020
Number of Company Attendees at Pre-
Proposal Meeting
22 participants – 9 companies
Number of Proposals received 4
Number of Companies interviewed 1
Range of Proposal Amounts $157,220 to $506,160
Evaluation of Proposals
City of Palo Alto Page 3
An evaluation committee consisting of Public Works Department staff was formed to review
the proposals and conduct interviews. The committee carefully reviewed each firm's
qualifications and submittal in response to the criteria identified in the RFP, including quality
and completeness of the proposal, quality and effectiveness of services, experience with
projects of similar scope and complexity, prior record of performance, cost, proposer’s financial
stability, and their ability to provide future maintenance and/or services. Of the four firms
proposing, only Wunderlich-Malec was invited to interview. One proposal with pricing similar to
Wunderlich-Malec’s proposal was of a significantly lesser quality, while the remain ing two
proposals included pricing two to three times higher than that proposed by Wunderlich-Malec.
Staff recommends moving forward with Wunderlich —Malec because the firm’s proposal and
interview provided a more comprehensive approach to the different aspects of this project. The
firm demonstrated a clear understanding of the project and proposed innovative solutions to
some of the most important challenges described in the RFP. In addition, the firm has extensive
experience in the upgrade of software with other local water and wastewater agencies (e.g.,
Valley Water, Dublin San Ramon Services District, and Northern California Power Agency).
The total not to exceed budget amount proposed for this contract is $186,824, comprised of
$169,840 for the basic services and $16,984 for additional services, as needed. If this project is
not approved, the Plant will continue to use a less secure and efficient SCADA system than the
proposed system. Staff chose to upgrade instead of replacing the SCADA system because of
cost efficiency (e.g., an estimated $600,000 or more to replace the system).
Resource Impact
Funding for this contract is available in the Wastewater Treatment Enterprise Fund FY2021
Adopted Operating Budget.
Palo Alto treats the combined wastewater from Palo Alto, Los Altos, Los Altos Hills, Mountain
View, Stanford University, and the East Palo Alto Sanitary District. Palo Alto’s cost share of this
project is approximately 35% and the other five agencies’ share is approximately 65%.
This contract for professional services permits the City to suspend, in whole or in part, or
terminate the Contract for convenience (with or without cause) by providing written notice by
the City Manager. In the event the City finds itself facing a challenging budget situation, and it is
determined that City resources need to be refocused elsewhere, the City can terminate for
convenience. Other options include termination due to non -appropriation of funds or
amending the contract to reduce the cost, for example, by red ucing the scope of work.
Stakeholder Engagement
This project is part of the RWQCP’s operating budget funded by Palo Alto and the five partner
agencies who use the RWQCP for wastewater treatment. The five partner agencies are regularly
updated on RWQCP needs. Updates are provided each year at an annual meeting and at other
periodic meetings established to inform partner agency staff. With respect to Palo Alto itself,
City of Palo Alto Page 4
the open meetings on the budget process serve as the main vehicle for engaging the
community.
Policy Implications
Authorization of this Project does not represent a change in existing policies.
Environmental Review
The software upgrade is not a project subject to review under the California Environmental
Quality Act (CEQA), as it will not cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment (Pub. Res. Code section
21065).
Attachments:
• Attachment A: Wunderlich—Malec Engineering Contract
Professional Services
Rev. Dec.15, 2020 Page 1 of 39
CITY OF PALO ALTO CONTRACT NO. C21178989
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
WUNDERLICH-MALEC SYSTEMS, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 17th day of
May 2021 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and WUNDERLICH-MALEC SYSTEMS, INC., a
Minnesota Corporation, located at 5101 Blue Circle Drive, Eden Prairie, MN 55343
(“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to upgrade the existing Supervisory Control and Data Acquisition (SCADA)
Software (the “Project”) and desires to engage a consultant to design, upgrade and migrate a new
SCADA system software in connection with the Project (the “Services”, as detailed more fully in
Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess 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, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to
on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximum
compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on-call Services only by advanced, written authorization
from CITY as detailed in this Section. On-call Services, if any, shall be authorized by
CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager,
as identified in Section 13 (Project Management). Each Task Order shall be in substantially
the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
DocuSign Envelope ID: 2B25A10E-DE78-4470-92A0-1D479687DE37
□-----
Professional Services
Rev. Dec.15, 2020 Page 2 of 39
Each Task Order shall contain a specific scope of services, schedule of performance and
maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on
whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set
forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as counter-signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation due
to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the
amount of compensation set forth in Section 4. CONSULTANT shall only be compensated
for on-call Services performed under an authorized Task Order and only up to the
maximum compensation amount set forth in Section 4. Performance of and payment for
any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through January 31, 2022
unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE
OF PERFORMANCE”. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed One Hundred Sixty-
Nine Thousand Eight Hundred Forty Dollars ($169,840). The hourly schedule of rates, if
applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a
not-to-exceed compensation amount for Additional Services is allocated below under this
Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-
to-exceed compensation amount of Sixteen Thousand Nine Hundred Eighty-Four
Dollars ($16,984) for the performance of Additional Services (as defined below). The
total compensation for performance of the Services, Additional Services and any
reimbursable expenses specified in Exhibit C, shall not exceed One Hundred Eighty-Six
Thousand Eight Hundred Twenty-Four Dollars ($186,824), as detailed in Exhibit C.
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“Additional Services” means 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. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced,
written authorization from CITY as detailed in this Section. Additional Services, if any,
shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project
Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as 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 provisions of
this Agreement. Compensation for Additional Services shall be specified by CITY in the
Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as counter-signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the
amount of compensation set forth for Additional Services in this Section 4.
CONSULTANT shall only be compensated for Additional Services performed under an
authorized Task Order and only up to the maximum amount of compensation set forth for
Additional Services in this Section 4. Performance of and payment for any Additional
Services are subject to all requirements and restrictions in this Agreement.
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, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of 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 invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess 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 subcontractors, if any, 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 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.
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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, as amended from time to time. 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. 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.
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 approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
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SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the
Services to be performed under this Agreement without the prior written authorization of the City
Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and
omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY
agrees that subcontractors may be used to complete the Services. The subcontractors authorized
by CITY to perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Dieter Schulze as
the CONSULTANT’s Project Manager to have supervisory responsibility for the performance,
progress, and execution of the Services and represent CONSULTANT during the day-to-day
performance of the Services. If circumstances cause the substitution of the CONSULTANT’s
Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment
of a substitute Project Manager 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 CONSULTANT 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 Services or a threat to the safety of persons or property.
CITY’s Project Manager is David Hui, Public Works Department, Environmental Services
Division, RWQCP 2501 Embarcadero Way, Palo Alto, CA, 94303, Telephone: 650-617-3162.
CITY’s 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. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, 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 product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product 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 Services.
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SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
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”) to the extent that such Claims 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. CITY will reimburse CONSULTANT for the proportionate percentage of
defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the
final judgment of a court of competent jurisdiction.
[Option B applies to any consultant who does not qualify as a design professional as
defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law,
CONSULTANT shall 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 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
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
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.
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SECTION 16.A. LIMITATION OF LIABILITY.
16.A.1. LIMITATION OF LIABILITY OF CONSULTANT.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT
SHALL CONSULTANT BE LIABLE TO CITY, REGARDLESS OF WHETHER ANY CLAIM
IS BASED ON CONTRACT OR TORT, FOR SPECIAL, CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES OR FOR ANY LOSS OF PROFIT OR LOSS OF BUSINESS BY
CITY, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY
SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. EXCEPT AS PROVIDED IN THE
IMMEDIATELY FOLLOWING SENTENCE, IN NO EVENT SHALL THE TOTAL
AGGREGATE LIABILITY UNDER THIS AGREEMENT OF CONSULTANT TO CITY
EXCEED THE DOLLAR AMOUNT PROVIDED FOR IN SECTION 4 (“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. LIMITATION OF LIABILITY OF CITY. CITY’S PAYMENT
OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF
THE COMPENSATION PROVIDED FOR IN SECTION 4 (“NOT TO EXCEED
COMPENSATION”) OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE,
REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN
CONNECTION WITH THIS AGREEMENT.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
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, entitled “INSURANCE REQUIREMENTS”. 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
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authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the approval
of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
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. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, 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
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to 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
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will
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survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. 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, unless made
in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing 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 subcontractors or other persons or parties 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, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, 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
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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.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
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, hereby
incorporated by reference and as 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 Department’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 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.
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SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of
the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to
time. 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 and related
requirements. CONSULTANT is not required to pay prevailing wages and meet related
requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
OR
26.1. This Project is subject to prevailing wages and related requirements as
a “public works” under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor
Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section
16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has
obtained the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of worker needed to execute
the contract for this Project from the State of California Department of Industrial Relations
(“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The
general prevailing wage rates are also available at the DIR, Division of Labor Statistics and
Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time
to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job
sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall
comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code
(Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1,
1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable
implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code
of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to
time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR
REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works
construction, alteration, demolition, repair or maintenance, including but not limited to the
obligations to register with, and furnish certified payroll records directly to, DIR.
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SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For
purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is a 9204 Public Works Project and is required to comply with the
claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204
Public Works Projects”.
OR
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
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so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. 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.
29.3. 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.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
29.5. 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.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
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29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204
PUBLIC WORKS PROJECTS
EXHIBIT G: INFORMATION PRIVACY POLICY
EXHIBIT H: CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
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CONTRACT No. C21178989 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
WUNDERLICH-MALEC SYSTEMS,
INC.
Officer 1
By: _________________________________
Name: _______________________________
Title: ________________________________
Officer 2 (Required for Corp. or LLC)
By: _________________________________
Name: _______________________________
Title: ________________________________
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Neal Wunderlich, President
President
Chief Financial Officer
Karen Roiland, Chief Financial Officer
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
1. iFix Database consolidation and update
The consultant will consolidate ifix databases from all the SCADA field servers. All the
tags and drivers need to be modified and verified for the upgrade.
2. GE Proficy Historian implementation
The consultant will install a Historian 8.1 server and will use an Oracle Database for
archiving data. The new GE Proficy Historian server and archival database shall be in
production before HMI graphics are converted.
3. HMI Conversion Services
The consultant will be converting the existing HMI and changing the network. City
Operator will work with consultant in reviewing the converted graphics and pop-up
windows. Converting project must keep the existing behavior of all graphics as intact as
possible to minimize operator error. The consultant is expected to work very closely with
the Palo Alto Regional Water Quality Control Plant (PARWQCP) operation team to ensure
the new system is fully accurate and no unwanted changes are introduced during the
upgrade process.
The consultant shall use an up-to-date electronic copy of the system and graphics files of
the existing system. The consultant shall be responsible for extracting all relevant
information from the existing system files. In cases where the new system does not support
an existing graphic or elements of the graphic’s behavior, the consultant shall use off-the-
shelf graphics provided by GE and if it is not available, consultant shall build new graphic
elements to provide the functionality needed. New graphic screens shall be created to
consolidate duplicate or excess screens.
Prior to the start of the conversion process, the consultant and the PARWQCP staff shall
create an understanding on basic conventions to be followed during the development of the
new system. Details such as text fonts and sizes, background color(s), static and dynamic
colors, dynamic element behavior, and the hierarchy of graphic navigation shall be
demonstrated and documented. The consultant shall test the converted graphics and sub
models and demonstrate to the PARWQCP that they work and are fully accurate.
The consultant shall turn over all graphics source code or any other
engineering/configuration data to the PARWQCP upon completion of the project.
The consultant shall be responsible for converting and testing the graphics based on the
snapshot of the current files.
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4. Alarm & Events Management
The consultant shall implement an alarm Management Software/System to send alarm
notification via text messages to Motorola XPR digital display radios. The system will
include sending alarm text to the radio and sounding PARWQCP-wide alarm if the alarm
has not been acknowledged within a specific time. For management needs, the PARWQCP
staff intends to trend the alarms for purposes of better management of assets and providing
integration with the maintenance management system. The consultant shall contact and
incorporate PARWQCP staff input in configuring an alarm management system with
additional alarms.
4.1. Following alarm events shall be recorded in the database at a minimum:
4.1.1 Initial Alarm
4.1.2 Alarm Acknowledge
4.1.3 Alarm Reset
4.1.4 Alarm return to normal condition
4.2 The alarm management software shall generate reports showing the following at a
minimum:
4.2.1 Frequency of total alarms over time
4.2.2 By area
4.2.3 By priority
4.2.4 By tag name
4.2.5 By frequency
All alarm events shall be time stamped. The alarm management shall replicate the existing
system alarm lines and functionality.
5. Security
Consultant will recommend and implement a security scheme as part of this upgrade.
Different security levels shall be programmed and assigned to PARWQCP personnel. A
minimum of five levels of security shall be designed and implemented for this upgrade. In
addition, the PARWQCP expects Consultant to implement a Radio-Frequency
Identification (RFID) and password login system for this upgrade.
6. Software and Hardware
All server operating systems will be Microsoft Server 2016 and client operating systems
will be Microsoft Windows 10. Database software will be Oracle 19c. Server hardware will
be HPE DL380 server and client hardware will be HP Z station.
7. Project Management
The City intends to implement a plant information management system around the same
time frame as the SCADA. Therefore, iFix database conversion and GE Proficy Historian
should be completed as top priorities in the project.
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The consultant shall develop a project management plan to effectively coordinate and
communicate between the PARWQCP and the consultant’s staff. To achieve this goal, the
consultant shall assign a qualified Project Manager to the project. The Project Manager
shall act as the single point of contact for all matters related to project scope, schedule, and
cost. The Project Manager shall develop the project implementation plan in conjunction
with the Project Team and shall be responsible for its execution in accordance with the
scope of this contract. In addition, the consultant shall provide:
7.1 Weekly status reports
7.2 A mutually agreed upon method to manage project related
communications/questions/comments, to be provided by the consultant
7.3 Project Plan documentation including any subsidiary plans such as communications
plan, schedule charts, scope management plan, risk management plan, etc.
7.4 Change management process and communication plan
7.5 Testing and approval Plan
The consultant shall introduce their key staff to the PARWQCP project staff and begin
with a project kickoff meeting. PARWQCP will provide meeting space and
communications equipment as necessary. The consultant shall provide a detailed project
schedule using Microsoft Project with various activities by consultant and the PARWQCP
staff, show important milestones, critical path etc. The monthly report shall include the
status and progress of various deliverables, forecast for next month’s activities, deviation
from original schedules, and reasons, if any.
8. Implementation
The consultant is responsible for commissioning the new SCADA system at the
PARWQCP upon graphics conversion. The consultant shall provide adequate training,
documentation, and project communications to ensure a timely, event free, and orderly roll
out of the new system in parallel to the existing system. The PARWQCP will provide a
training facility for all training held on site. The implementation plan shall consider training
for operators and maintenance staff who work on different shifts and consultant shall
provide trainings according to the shift schedule.
9. Technical Training
The consultant shall provide technical training to the PARWQCP control system technical
staff, as follows. This training shall be provided on-site as part of project. The control
system staff attending these training is expected to be no more than 6 people. The
PARWQCP will provide a training facility equipped with computers and a projector
system. The PARWQCP shall have the right to switch any of these courses with other
similar or related courses at the consultant site. All the work shall be done at the consultant
site without any disruption to the Operator. The major changes of security and alarms
handling should be a session or a class which is taught by the consultant staff person who
did the actual changes for this system. This class shall be one to two sessions agreed upon
by PARWQCP and consultant. In addition, consultant who is doing the presentation shall
be trained with GE certification. The training venue at PARWQCP will be setup by the
PARWQCP staff, and the training venue at consultant site will be set up by the consultant.
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10. Operator Training
Additionally, the consultant is responsible for providing “user training” for operators and
other stakeholders during the commissioning phase of the project. This training shall also
be provided on site in a classroom type environment. This training will need to be provided
covering all shifts and operations schedule.
Currently there are approximately 25 operators working 3 shifts. Other stakeholders
include but are not limited to:
10.1 Operational staff
10.2 Mechanical Maintenance staff
10.3 Electrical & Instrumentation staff
10.4 Management staff
Consultant shall be responsible for creating a custom package that explains the new
graphics layout, functionality, alarm management and in-depth explanation for all the
graphics. Consultant shall also explain features of the new iFIX 6.1 as it relates to the
PARWQCP configuration and controls. Consultant shall provide training documentation
on changes for classroom use and future reference. The PARWQCP shall record and video
record the training sessions for future use.
11. Acceptance and Testing
11.1 Preliminary Testing
The consultant shall develop a plan for testing procedures and approvals. Project
staff from the PARWQCP shall participate in the testing process. If the consultant
chooses to develop the system off site, the PARWQCP staff shall have remote
access to the system for testing purposes. The test should at a minimum check for
accuracy of implementation, failure modes, and functional correctness for a period
sufficient to demonstrate proper operations. System malfunctions discovered
during the testing shall be documented and corrected. Communication and tracking
of these events shall utilize the communication method developed by the consultant
as noted in project management section.
If off-site system development takes place, upon completion of the remote testing,
a system familiarization meeting, at the consultant’s expense, shall be held at the
consultant’s site. Up to three (3) PARWQCP project staff or City designated
personnel/consultants shall be invited to this final testing and familiarization of the
system meeting, prior to the shipment of the system for commissioning.
11.2 Commissioning
The commissioning of the system means that the entire PARWQCP is running on
the new system without errors. The consultant shall be responsible for
commissioning and startup of the system on site. The commissioning of the system
shall be completed based on process areas of the PARWQCP, in phases, where one
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process area at a time is brought online in parallel to the existing and operating GE
iFIX 5.8. The consultant shall propose a timeline and consultant’s staffing level to
be on site for the commissioning phase. The PARWQCP recommends that it should
be a minimum of 90-day period in which the new system is rolled out and properly
commissioned.
11.3 Performance
The responsiveness, data acquisition & display, control and graphic refresh rate of
the new system shall at a minimum match the current GE iFIX 6.1 system.
11.4 Acceptance
As noted above, this project is expected to be a turnkey solution. It shall consist of
installing new hardware and upgrading licensed software on site and bringing the
PARWQCP online with the new system in parallel to the existing system for a
period to be mutually developed. After the parallel run time has expired, the
PARWQCP shall be running on the new system error free for a minimum of 30
consecutive days for acceptance to take place. The PARWQCP staff reserves the
right to accept the system in case of minor configuration errors provided they are
corrected during the acceptance phase in a timely manner. The consultant shall
provide documentation as part of the 30-day acceptance testing as noted under the
documentation section below.
11.5 Documentation
The consultant shall document all standard and customized changes to the new
system. All hardware changes and additions, including but not limited to
architecture of the Client/Server, shall be documented in AUTOCAD 2017 or later
version. Consultant shall provide 2 sets of hardcopies and 2 sets of soft copies in
USB media format. In addition, the consultant is responsible for providing an up-
to-date copy of the configuration files based on the final accepted system
configuration. The consultant shall at a minimum provide one set of As-Shipped
GE iFIX 6.1 Full Back-up files, and one set of final system configuration files as
accepted on site. This can be provided on a USB or backed up to onsite hard drives.
In addition, consultant shall provide 2 sets of standard hardcopy GE iFIX 6.1
installation and configuration manuals.
12. Warranty and Maintenance
The consultant shall provide one-year full system warranty period after successful
implementation of the software and upon receiving acceptance signatures from the City.
During the warranty period, the consultant shall offer free technical telephone support 24/7.
A two-hour initial response/acknowledgement on weekdays shall be provided to all support
requests during this time.
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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 are
incorporated into this Task Order by this reference. 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 ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed (“NTP”) from the CITY.
Milestones Completion
Number of Days/ (as specified below)
from NTP
1. Acceptance, Testing and Project Completion 230 days
Task Description Number of Days from NTP
1 iFIX Database Consolidation and Update 30
2 GE Proficy Historian Implementation 30
3 HMI Conversion Services 60
4 Develop Alarm and Event Management 90
5 Develop Security 120
6 Software and Hardware Configuration 120
7 Project Management 150
8 Implementation 180
9 Technical Training 210
10 Operator Training 210
11 Acceptance and Testing 230
12 Warranty and Maintenance with 24/7 230 + 365
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for 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 rate schedule attached as Exhibit C-1 up to the not to exceed
budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of
the tasks or categories listed below, provided that the total compensation for the Services,
including any specified reimbursable expenses, and the total compensation for Additional Services
(if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this
Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and
Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task Description Total Price NTE
1 iFIX Database Consolidation and Update 8,680.00
2 GE Proficy Historian Implementation 11,160.00
3 HMI Conversion Services 21,700.00
4 Develop Alarm and Event Management 30,360.00
5 Develop Security 6,200.00
6 Software and Hardware Configuration 3,720.00
7 Project Management 26,500.00
8 Implementation 4,960.00
9 Technical Training 4,960.00
10 Operator Training 9,300.00
11 Acceptance and Testing 21,700.00
12 Warranty and Maintenance with 24/7 20,600.00
Sub-total for Services $169,840.00
Reimbursable Expenses (if any) $0.00
Total for Services and Reimbursable Expenses $169,840.00
Additional Services (if any, per Section 4) $16,984.00
Maximum Total Compensation $186,824.00
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REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not-to-exceed amount of $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if
specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s
policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges, if specified as reimbursable, will be reimbursed at actual
cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this
section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
WM Project Staff Rate Schedule Rate
Project Executive $185.00 Per Hour
Sr. Project Manager $175.00 Per Hour
Project Manager $165.00 Per Hour
Sr. Controls Engineer $165.00 Per Hour
Controls Engineer $155.00 Per Hour
Jr. Controls Engineer $145.00 Per Hour
Senior Design Engineer $175.00 Per Hour
Design Engineer $165.00 Per Hour
Design/CAD Support $145.00 Per Hour
Time and material projects are subject to the following understanding:
1. Materials when required will be competitively bid and quoted upon completion of design,
billed at Cost + 15%. Cost includes applicable tax, freight and handling charges detailed
on invoices.
2. Subcontractor services are provided at Cost + 15%. No subcontractor services are
anticipated. This would apply to electrical installation or conduit and cable as an example.
3. Normal business hours considered to be Monday thru Friday, excluding holidays, between
8am and 5pm, and serve as the basis for hours/effort quoted.
4. Special consideration given for project effort requiring work outside of normal hours. The
requirement for work outside of normal business hours must be stated in the request for
services. Flexible scheduling is possible and encouraged.
5. Over-time is defined as effort in excess of (40) hours per week or (8) hours per day, for
all effort outside of straight-time hours without prior agreement. Overtime hours are
charged at 1.5x Straight Time rate.
6. Premium-time is defined as effort on Sundays and Holidays, Premium-time hours are
charged at 2.0x Straight Time rate.
7. Use of over-time or premium-time rates shall be based on written/email approval from the
City Project Manager in advance. For planned work, over-time and/or premium-time shall
be clearly indicated in the price proposal for the specified work.
8. Travel, living, per diem are billed at Cost + 5%. Consultant follows standard GSA
guidelines for per diem.
.
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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, AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIR
ED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURREN
CE
AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, PRODUCTS/COMPLETED
OPERATIONS AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY &
PROPERTY DAMAGE
COMBINED.
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
YES TECHNOLOGY ERRORS AND OMISSIONS
LIABILITY COVERAGE. THE POLICY SHALL
AT A MINIMUM COVER PROFESSIONAL
MISCONDUCT OR LACK OF REQUISITE
SKILL FOR THE PERFORMANCE OF
SERVICES DEFINED IN THE CONTRACT
AND SHALL ALSO PROVIDE COVERAGE
FOR THE FOLLOWING RISKS:
(i) NETWORK SECURITY
LIABILITYARISING FROM UNAUTHORIZED
ACCESS TO, USE OF, OR TAMPERING WITH
COMPUTERS OR COMPUTER SYSTEMS,
INCLUDING HACKERS, EXTORTION, AND
(ii) LIABILITY ARISING FROM
INTRODUCTION OF ANY FORM OF
MALICIOUS SOFTWARE INCLUDING
COMPUTER VIRUSES INTO, OR OTHERWISE
CAUSING DAMAGE TO THE CITY’S OR
THIRD PERSON’S COMPUTER, COMPUTER
SYSTEM, NETWORK, OR SIMILAR
COMPUTER RELATED PROPERTY AND THE
DATA, SOFTWARE AND PROGRAMS
THEREON.
CONTRACTOR SHALL MAINTAIN IN FORCE
DURING THE FULL LIFE OF THE
CONTRACT.
THE POLICY SHALL PROVIDE COVERAGE
FOR BREACH RESPONSE COSTS AS WELL
AS REGULATORY FINES AND PENALTIES
AS WELL AS CREDIT MONITORING
EXPENSES WITH LIMITS SUFFICIENT TO
RESPOND TO THESE OBLIGATIONS.
ALL DAMAGES $2,000,000 $2,000,000
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YES Cyber and Privacy Insurance
SUCH INSURANCE SHALL INCLUDE
COVERAGE FOR LIABILITY ARISING FROM
COVERAGE IN AN AMOUNT SUFFICIENT TO
COVER THE FULL REPLACEMENT VALUE
OF DAMAGE TO, ALTERATION OF, LOSS OF,
THEFT, DISSEMINATION OR DESTRUCTION
OF ELECTRONIC DATA AND/OR USE OF
CONFIDENTIAL INFORMATION,
“PROPERTY” OF THE CITY OF PALO ALTO
THAT WILL BE IN THE CARE, CUSTODY, OR
CONTROL OF VENDOR.
INFORMATION INCLUDING BUT NOT
LIMITED TO, BANK AND CREDIT CARD
ACCOUNT INFORMATION OR PERSONAL
INFORMATION, SUCH AS NAME, ADDRESS,
SOCIAL SECURITY NUMBERS, PROTECTED
HEALTH INFORMATION OR OTHER
PERSONAL IDENTIFICATION
INFORMATION, STORED OR TRAMSITTED
IN ELECTRONIC FORM.
ALL DAMAGES $2,000,000 $2,000,000
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
NO
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. 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.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL
NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
III. CONTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING
REQUIRED COVERAGE AT THE FOLLOWING URL:
https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
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
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EXHIBIT G INFORMATION PRIVACY POLICY
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EXHIBIT H CYBERSECURITY TERMS AND CONDITIONS
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Certificate Of Completion
Envelope Id: 2B25A10EDE78447092A01D479687DE37 Status: Completed
Subject: Please DocuSign: C21178989 Wunderlich-Malec_20210429_CleanCopy.pdf
Source Envelope:
Document Pages: 39 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 O'Brien, Nanette
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Nanette.OBrien@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
4/29/2021 10:09:43 PM
Holder: O'Brien, Nanette
Nanette.OBrien@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
Neal Wunderlich, President
neal.wunderlich@wmeng.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 174.219.141.244
Signed using mobile
Sent: 4/29/2021 10:26:29 PM
Viewed: 5/1/2021 8:44:12 AM
Signed: 5/3/2021 10:45:17 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Karen Roiland, Chief Financial Officer
karen.roiland@wmeng.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.240.243.185
Sent: 5/3/2021 10:45:20 AM
Viewed: 5/3/2021 11:16:31 AM
Signed: 5/3/2021 11:23:24 AM
Electronic Record and Signature Disclosure:
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Intermediary Delivery Events Status Timestamp
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David Hui
David.Hui@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Sent: 5/3/2021 11:23:28 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Bill Storey, Director of Sales
bill.storey@wmeng.com
Director of Sales
Wunderlich Malec Engineering
Security Level: Email, Account Authentication
(None)
Sent: 5/3/2021 11:23:30 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/29/2021 10:26:29 PM
Certified Delivered Security Checked 5/3/2021 11:16:31 AM
Signing Complete Security Checked 5/3/2021 11:23:24 AM
Completed Security Checked 5/3/2021 11:23:30 AM
Payment Events Status Timestamps
1
Baumb, Nelly
From:Shikada, Ed
Sent:Friday, May 21, 2021 1:26 PM
To:Council, City; Council Agenda Email
Cc:Executive Leadership Team; ORG - Clerk's Office
Subject:Council Agenda Consent Questions for May 24: Item 2 and 4
Dear Mayor and Council Members:
On behalf of City Manager Ed Shikada, please find below the staff responses to
inquiries made by Council Member Tanaka in regard to the May 24, 2021 Council
Meeting agenda.
Item 2: Supervisory Control and Data Acquisition Upgrade Contract at
Regional Water Quality Control Plant
Item 4: Contract Approval for Critical Emergency Systems Professional
Services
Item 2: Supervisory Control and Data Acquisition Upgrade Contract at Regional Water
Quality Control Plant
1. How would day‐to‐day operations of the Regional Water Quality Control Plant
be affected if this request is denied?
Per the Resource Impact section on page 3 of SR11997, “If this project is not
approved, the Plant will continue to use a less secure and efficient SCADA
system than the proposed system.” Furthermore, the department would not be
able to retire the unsupported legacy software used for regulatory reporting;
technical glitches with this software would likely result in noncompliant
regulatory reporting.
2. What is the plausibility of hiring another person to maintain compliance of the
existing legacy software? If possible, how much would this cost?
An additional SEIU Technologist could feasibly be added to the organization at a
salary cost of $155,334 plus benefit costs; however, the long‐term cost of the
additional staff member would greatly exceed the cost of this project
($186,824) and the plant information management system project ($116,938).
The upgraded software and new plant information management system
software will be maintained without the cost of an additional staff member.
3. Why is the financial cost of the wastewater treatment unevenly distributed
between Palo Alto, Los Altos, Los Altos Hills, Mountain View, Stanford
University, and the East Palo Alto Sanitary District? Why is Palo Alto
responsible for 35%, whereas the other 5 agencies are responsible for 65%?
Palo Alto contributes approximately 35% of the flow and pollutants to the plant
as it relates to its population of residents, businesses, and groundwater
2
infiltration. The other agencies contribute approximately 65% based on their
respective sewershed contributions. The six agencies are not equally distributed
in flow and pollutant concentrations (i.e., not 1/6th for each agency). Basing
operating costs on actual flow and pollutant strength more accurately
distributes cost share between the respective agencies.
4. Why was there such a low response rate for the number of wastewater
treatment process proposals received during the solicitation process?
The project received four proposals for the Supervisory Control and Data
Acquisition Upgrade project. Staff did not find this to be an unusually low
response rate.
5. Does this contract need to be renewed this year? Can this upgrade to a new
software wait until next year?
The SCADA Upgrade project is not a renewal of an existing contract. It is a new
project. The SCADA software is not a new software but an upgrade from GE
Digital iFix 5.8 to GE Digital iFix 6.1. Given the security, efficiency, and loss‐of‐
support issues for the software, staff is not recommending a delay.
Item 4: Contract Approval for Critical Emergency Systems Professional Services
1. Would it be possible for City employees to develop the technical
capacity/skillset to perform this work, or is it more efficient to continue
contracting PSI?
The technical capabilities described in the scope of work and the range of
services provided by the vendor include mechanical engineering, electrical
engineering, power systems, vehicle systems, low voltage wiring, high voltage
wiring, SyTech radio interoperability platforms, solar power, custom fabrication,
and other services that would be infeasible for one or several City employees to
provide, especially considering that the services are not needed daily, but
sporadically. The complexity of the Mobile Emergency Operations Center
(MEOC) and other vehicles and systems is nontrivial. The City greatly benefits
from the vendor's relationship with the City and knowledge of our equipment
and mission. Further, certain public safety staff had previously augmented
some of these functions, but those positions in the Police Department and in
the Office of Emergency Services were eliminated in prior budgets.
Danille Rice
Executive Assistant to the City Manager
(650) 329‐2105 | danille.rice@cityofpaloalto.org
www.cityofpaloalto.org
City of Palo Alto (ID # 12008)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/24/2021
City of Palo Alto Page 1
Summary Title: Plant Information Management System Software Contract for
Regional Water Quality Control Plant
Title: Approval of a Contract With Hach Company in the Amount Not -to-
Exceed $116,938 to Install and Migrate Software for a Plant Information
Management System (PIMS) at the Regional Water Quality Control Plant
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to
execute the attached contract with Hach Company (Attachment A) in the amount not to exceed
$116,938 to implement the Plant Information Management System (PIMS) at the Regional
Water Quality Control Plant.
Background
The Regional Water Quality Control Plant (Plant) utilizes a suite of custom software for
analyzing, reporting, and archiving data generated from wastewater treatment processes. PIMS
is used for process control, Plant partner agency coordination, and primarily for federal, state,
and local regulatory reporting including:
• State of California
o San Francisco Bay Regional Water Quality Control Board
o State Water Resources Control Board
o Department of Water Resources
o Bay Area Air Quality Management District
• United States Environmental Protection Agency
• Partner agencies and internal staff at Palo Alto, Mountain View, Los Altos, East Palo Alto
Sanitary District, Stanford University, and Los Altos Hills
• Valley Water recycled water group
• Recycled water customers
• Wastewater treatment process control review
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Discussion
The current legacy software was developed in-house. The existing software was utilized
because the marketplace did not provide a reliable and comprehensive commercial off-the-
shelf software solution until recently. The Plant’s software is over ten years old and is no longer
supported for further upgrades. The current PIMS will be replaced by Hach’s Water Information
Management System (i.e., Hach WIMS). Hach will implement the new software and migrate
legacy data into the new system. The contract includes software licensing, software
implementation, data integration, report replication, and software training.
Scope of Solicitation Process
On September 3, 2020, the City posted a Request for Proposals (RFP) notice through Planet Bids
for a PIMS system. A total of 17 firms downloaded the RFP documents and attachments related
to the Project through Planet Bids. The solicitation period was 34 days. On October 6, 2020 , a
proposal was received from one qualified firm: Hach Company.
Proposal Title/Number
Plant Information Management System
Implementation (RFP 178986)
Proposed Length of the Project 4 - 6 months
Number of Notices sent to Vendors via City’s
eProcurement system
1672
Number of solicitation packages
downloaded by Vendors
17
Total days to submit Proposal 34
Pre-Proposal Meeting 9/17/2020
Number of Company Attendees at Pre-
Proposal Meeting
7 participants – 4 companies
Number of Proposals received 1
Number of Companies interviewed 1
Range of Proposal Amounts $116,938
Evaluation of Proposals
An evaluation committee consisting of Public Works Department staff was formed to review
the proposal and conduct an interview. Staff received one proposal. Staff believes other firms
did not propose because the RFP scope of services stressed the desire for commercial -off-the-
shelf software with minimal customization required and wastewater reporting experience, and
the firms not proposing but attending the pre-proposal meeting were generalized data
management firms without wastewater industry reporting experience. The committee carefully
reviewed the firm's qualifications and submittal in response to the criteria identified in the RFP,
including quality and completeness of the proposal, quality and effectiveness of services,
experience with projects of similar scope and complexity, prior record of performance, cost,
proposer’s financial stability, and ability to provide future maintenance and/or services.
City of Palo Alto Page 3
Staff recommends moving forward with Hach Company because the firm provides a
comprehensive approach to the different aspects of this p roject. The firm demonstrated a clear
understanding of the project and proposed innovative solutions to some of the most important
challenges described in the RFP. In addition, the firm has extensive experience in the upgrade of
software with other local water and wastewater agencies (e.g., Silicon Valley Clean Water,
Union Sanitary District, and Sacramento Regional County Sanitation District).
The total not to exceed budget amount proposed for this contract is $116,938, comprised of
$106,308 for the basic services and $10,630 for additional services, as needed. If this project is
not approved, the Plant will continue to use the existing legacy software that was developed in-
house. The single support person for the legacy software is leaving the workforce, and the Plant
would need to find an alternative for support to maintain compliance with regulatory reporting
requirements.
Resource Impact
Funding for this contract is available in the Wastewater Treatment Enterprise Fund FY2021
Adopted Operating Budget.
Palo Alto treats the combined wastewater from Palo Alto, Los Altos, Los Altos Hills, Mountain
View, Stanford University, and the East Palo Alto Sanitary District. Palo Alto’s cost share of this
project is approximately 35% and the other five agencies’ share is approximately 65%.
This contract for professional services permits the City to suspend, in whole or in part, or
terminate the Contract for convenience (with or without cause) by providing written notice by
the City Manager. In the event the City finds itself facing a challenging budget situation, and it is
determined that City resources need to be refocused elsewhere, the City can terminate for
convenience. Other options include termination due to non -appropriation of funds or
amending the contract to reduce the cost, for example, by reducing the scope of work.
Stakeholder Engagement
This project is part of the RWQCP’s operating budget funded by Palo Alto and the five partner
agencies who use the RWQCP for wastewater treatment. The five partner agencies are regularly
updated on RWQCP needs. Updates are provided each year at an annual meeting and at other
periodic meetings established to inform partner agency staff. With respect to Palo Alto itself,
the open meetings on the budget process serve as the main vehicle for engaging the
community.
Environmental Review
The software upgrade is not a project subject to review under the California Environmental
Quality Act (CEQA) as it will not cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment (Pub. Res. Code section
21065).
Attachments:
City of Palo Alto Page 4
• Attachment A - Hach Contract
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CITY OF PALO ALTO CONTRACT NO. C21178986
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
HACH COMPANY
This Agreement for Professional Services (this “Agreement”) is entered into as of the 17th day of
May 2021 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and a Delaware Corporation, located at 5600
Lindbergh Drive, Loveland, CO 80539 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to Implement a Plant Information Management System (the “Project”) and
desires to engage a consultant to install, configure, test and implement the Hach Water Information
Management Solution in connection with the Project (the “Services”, as detailed more fully in
Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess 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, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through January 31, 2022
unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE
OF PERFORMANCE”. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
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SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed One Hundred Six
Thousand, Three Hundred and Eight Dollars ($106,308). The hourly schedule of rates, if
applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a
not-to-exceed compensation amount for Additional Services is allocated below under this
Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-
to-exceed compensation amount of Ten Thousand Six Hundred Thirty Dollars
($10,630) for the performance of Additional Services (as defined below). The total
compensation for performance of the Services, Additional Services and any reimbursable
expenses specified in Exhibit C, shall not exceed One Hundred Sixteen Thousand, Nine
Hundred Thirty-Eight Dollars ($116,938), as detailed in Exhibit C.
“Additional Services” means 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. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced,
written authorization from CITY as detailed in this Section. Additional Services, if any,
shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project
Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as 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 provisions of
this Agreement. Compensation for Additional Services shall be specified by CITY in the
Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as countersignature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the
amount of compensation set forth for Additional Services in this Section 4.
CONSULTANT shall only be compensated for Additional Services performed under an
authorized Task Order and only up to the maximum amount of compensation set forth for
Additional Services in this Section 4. Performance of and payment for any Additional
Services are subject to all requirements and restrictions in this Agreement.
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, if
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applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of 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 invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess 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 subcontractors, if any, 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 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, as amended from time to time. 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. 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
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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.
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 approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the
Services to be performed under this Agreement without the prior written authorization of the City
Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and
omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY
agrees that subcontractors may be used to complete the Services. The subcontractors authorized
by CITY to perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Bryan Sharpnack as
the CONSULTANT’s Project Manager to have supervisory responsibility for the performance,
progress, and execution of the Services and represent CONSULTANT during the day-to-day
performance of the Services. If circumstances cause the substitution of the CONSULTANT’s
Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment
of a substitute Project Manager 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 CONSULTANT 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 Services or a threat to the safety of persons or property.
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CITY’s Project Manager is David Hui, Public Works Department, Environmental Services
Division, RWQCP 2501 Embarcadero Way, Palo Alto, CA, 94303, Telephone: 650-617-3162.
CITY’s 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. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, 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 product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product 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 Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
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”) to the extent that such Claims 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. CITY will reimburse CONSULTANT for the proportionate percentage of
defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the
final judgment of a court of competent jurisdiction.
[Option B applies to any consultant who does not qualify as a design professional as
defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law,
CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers,
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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 attorney’s fees, experts fees,
court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related
to performance or nonperformance by CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
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. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
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, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall
obtain a policy endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the approval
of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
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receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, 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
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to 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
provided in material conformity with this Agreement as such determination is 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, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. 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, unless made
in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
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To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing 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 subcontractors or other persons or parties 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, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, 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.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
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rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
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, hereby
incorporated by reference and as 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 Department’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 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. This Agreement is subject to the fiscal provisions of
the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to
time. 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 and related
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requirements. CONSULTANT is not required to pay prevailing wages and meet related
requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
OR
26.1. This Project is subject to prevailing wages and related requirements as
a “public works” under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor
Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section
16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has
obtained the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of worker needed to execute
the contract for this Project from the State of California Department of Industrial Relations
(“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The
general prevailing wage rates are also available at the DIR, Division of Labor Statistics and
Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time
to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job
sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall
comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code
(Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1,
1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable
implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code
of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to
time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR
REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works
construction, alteration, demolition, repair or maintenance, including but not limited to the
obligations to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For
purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
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performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
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29.2. 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.
29.3. 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.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
29.5. 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.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204
PUBLIC WORKS PROJECTS
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EXHIBIT G: INFORMATION PRIVACY POLICY
EXHIBIT H: CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
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CONTRACT No. C21178986 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
HACH COMPANY
Officer 1
By: _________________________________
Name: _______________________________
Title: ________________________________
Officer 2 (Required for Corp. or LLC)
By: _________________________________
Name: _______________________________
Title: ________________________________
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President
Hermes Gonzalez, President
VP Finance
Christophe Pattyn, Vice President-Chief Financial Officer
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
1. Project Questionnaire
Consultant will provide staff with a Project Questionnaire to gather basic facts and data elements
needed to properly execute the Hach Water Information Management System (WIMS)
Implementation. Information includes such items as list of stakeholders, existing reports, Excel
worksheets, plant schematics, etc.
2. Project Kickoff Meeting
Consultant will meet with key staff and stakeholders to formally initiate the Hach WIMS
implementation project. The Project Kick-off meeting is to review the Project Questionnaire, scope
of services, schedule, and project approach.
3. Installation
Hach WIMS server components and selected clients will be installed. Consultant will train City
staff on the installation steps to allow staff to successfully install the software on future sites.
Installation will be a combination of web-based services and on-site.
4. System Integration
Consultant will integrate Hach WIMS to the WQCP’s SCADA system and LIMS Systems. Data
will be read from the identified system, summarized based upon the City’s requirements, and
the resulting value placed into the Hach WIMS database.
5. Data Migration Utility Development
Consultant will work onsite (8 days) with staff to develop a Data Migration and Variable
(Point) Creation Tool to create the Hach WIMS databases and import the
data.
6. Migration Database Review
Consultant will review the migrated database with key stakeholders to identify gaps and to add
additional points (i.e., variables). A second onsite visit will take place to continue data migration
if needed. If data migration is completed in the first onsite visit, another visit will not be required
and City will not be invoiced for second visit or City, at its option, can replace with an additional
training session.
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7. Calculation Setup
Using the Oracle database as a guide, formulas will be setup and verified.
8. Form and Report Setup
Consultant will utilize existing report templates and develop the associated templates for new
report or dashboard definitions for up to 40 reports supplied by staff including CIWQS and eSMR
electronic reports. Upon completion, the report will be reviewed with staff and the associated
representative and Sign-Off will be required prior to usage.
Consultant shall document all standard and customized changes to the new system. Consultant
shall provide two soft copies in USB media format. In addition, Consultant is responsible for
providing an up-to-date copy of the configuration files based on the final accepted system
configuration. Consultant shall at a minimum provide one set of final Hach WIMS configuration
files as accepted onsite. This can be provided on a USB or backed up to onsite hard drives.
9. System Acceptance Test Plan (SATP) Execution
Consultant will work with staff to develop a SATP including testing all items, interfaces and
configurations made by Hach for the purpose of implementing the software into the daily
operations of the plant.
10. Training
Consultant will provide comprehensive training and materials to City-identified users. This
training should be based on the final, accepted configuration of the City’s Hach WIMS system.
The training should include eight (8) days onsite and consist of the following user-level instruction:
• Basic Training
• Power User Training
• Admin training
• Operator Training
11. Follow-up Training and Project Signoff
Consultant will provide two (2) days onsite for additional Power User Training
and health check on system. The Hach WIMS sites will be deemed ‘live’ following successful
execution of the Tasks above and the City will enter into the Hach Support program.
12. Software Licenses and Support
Consultant shall provide one-year full system warranty period after successful implementation of
the software and upon receiving acceptance signatures from the City. During the warranty period,
Consultant shall offer free technical telephone support. A two-hour initial
response/acknowledgement shall be provided to all weekday support requests during this time.
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Hach WIMS Base software shall include:
• Hach WIMS – Water Information Management Solution
• WIMS Concurrent User License (4)
• WIMS for Oracle DB
• Hach WIMS SCADA Interface
• Hach WIMS LIMS Interface
• WIMS yearly support contract
• WIMS base software for support contracts
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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 are
incorporated into this Task Order by this reference. 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 ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed (“NTP”) from the CITY.
Milestones Completion
Number of Days (as specified below) from
NTP
1. Project Questionnaire 30 days
2. Project Kickoff Meeting 30 days
3. Installation 30 days
4. System Integration 30 days
5. Data Migration Utility Development 30 days
6. Migration Database Review 60 days
7. Calculation Setup 60 days
8. Form and Report Setup 120 days
9. System Acceptance Test Plan (SATP) 165 days
10. Training 180 days
11. Follow-Up Training and Project Signoff 200 days
12. Software License and Support 200 days
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for 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 rate schedule attached as Exhibit C-1 up to the not to exceed
budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of
the tasks or categories listed below, provided that the total compensation for the Services,
including any specified reimbursable expenses, and the total compensation for Additional Services
(if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this
Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and
Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $ Included in task 11
(Project Questionnaire)
Task 2 $ Included in task 11
(Project Kickoff Meeting)
Task 3 $ Included in task 11
(Installation)
Task 4 $ Included in task 11
(System Integration)
Task 5 $ Included in task 11
(Data Migration Utility Development)
Task 6 $ Included in task 11
(Migration Database Review)
Task 7 $ Included in task 11
(Calculation Setup)
Task 8 $ Included in task 11
(Form and Report Setup)
Task 9 $ Included in task 11
(System Acceptance Test Plan (SATP) Execution)
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Task 10 $23,128
(Training)
Task 11 $58,450
(Follow-Up Training and Project Signoff)
Task 12 $24,730
(Software License and Support)
Sub-total for Services $106,308
Reimbursable Expenses (if any) $0
Total for Services and Reimbursable Expenses $106,308
Additional Services (if any, per Section 4) $10,630
Maximum Total Compensation $116,938
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not-to-exceed amount of $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if
specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s
policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges, if specified as reimbursable, will be reimbursed at actual
cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this
section, shall be accompanied by appropriate backup documentation and information.
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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, 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 REQUIREME
NT
MINIMUM LIMITS
EACH
OCCURRE
NCE
AGGREGAT
E
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY DAMAGE
BLANKET CONTRACTUAL,
PRODUCTS/COMPLETED OPERATIONS AND
FIRE LEGAL LIABILITY
BODILY
INJURY
PROPERTY
DAMAGE
BODILY
INJURY &
PROPERTY
DAMAGE
COMBINED.
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
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YES TECHNOLOGY ERRORS AND OMISSIONS
LIABILITY COVERAGE. THE POLICY SHALL AT
A MINIMUM COVER PROFESSIONAL
MISCONDUCT OR LACK OF REQUISITE SKILL
FOR THE PERFORMANCE OF SERVICES
DEFINED IN THE CONTRACT AND SHALL ALSO
PROVIDE COVERAGE FOR THE FOLLOWING
RISKS:
(i) NETWORK SECURITY
LIABILITYARISING FROM UNAUTHORIZED
ACCESS TO, USE OF, OR TAMPERING WITH
COMPUTERS OR COMPUTER SYSTEMS,
INCLUDING HACKERS, EXTORTION, AND
(ii) LIABILITY ARISING FROM
INTRODUCTION OF ANY FORM OF MALICIOUS
SOFTWARE INCLUDING COMPUTER VIRUSES
INTO, OR OTHERWISE CAUSING DAMAGE TO
THE CITY’S OR THIRD PERSON’S COMPUTER,
COMPUTER SYSTEM, NETWORK, OR SIMILAR
COMPUTER RELATED PROPERTY AND THE
DATA, SOFTWARE AND PROGRAMS THEREON.
CONTRACTOR SHALL MAINTAIN IN FORCE
DURING THE FULL LIFE OF THE CONTRACT.
THE POLICY SHALL PROVIDE COVERAGE FOR
BREACH RESPONSE COSTS AS WELL AS
REGULATORY FINES AND PENALTIES AS WELL
AS CREDIT MONITORING EXPENSES WITH
LIMITS SUFFICIENT TO RESPOND TO THESE
OBLIGATIONS.
ALL
DAMAGES
$2,000,000 $2,000,000
YES Cyber and Privacy Insurance
SUCH INSURANCE SHALL INCLUDE COVERAGE
FOR LIABILITY ARISING FROM COVERAGE IN
AN AMOUNT SUFFICIENT TO COVER THE FULL
REPLACEMENT VALUE OF DAMAGE TO,
ALTERATION OF, LOSS OF, THEFT,
DISSEMINATION OR DESTRUCTION OF
ELECTRONIC DATA AND/OR USE OF
CONFIDENTIAL INFORMATION, “PROPERTY” OF
THE CITY OF PALO ALTO THAT WILL BE IN THE
CARE, CUSTODY, OR CONTROL OF VENDOR.
INFORMATION INCLUDING BUT NOT LIMITED
TO, BANK AND CREDIT CARD ACCOUNT
INFORMATION OR PERSONAL INFORMATION,
SUCH AS NAME, ADDRESS, SOCIAL SECURITY
NUMBERS, PROTECTED HEALTH INFORMATION
OR OTHER PERSONAL IDENTIFICATION
INFORMATION, STORED OR TRAMSITTED IN
ELECTRONIC FORM.
ALL
DAMAGES
$2,000,000 $2,000,000
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YES
AUTOMOBILE LIABILITY, INCLUDING ALL
OWNED, HIRED, NON-OWNED
BODILY
INJURY
- EACH
PERSON
- EACH
OCCURR
ENCE
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
NO
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. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
“ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL
NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
III. CONTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING
REQUIRED COVERAGE AT THE FOLLOWING URL:
https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
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EXHIBIT G INFORMATION PRIVACY POLICY
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EXHIBIT H CYBERSECURITY TERMS AND CONDITIONS
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Certificate Of Completion
Envelope Id: AE5B302F15004818AA64F2D774EF5F13 Status: Completed
Subject: Please DocuSign: C21178986 Hach_DocuSign_REV1.pdf
Source Envelope:
Document Pages: 35 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 O'Brien, Nanette
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Nanette.OBrien@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
5/10/2021 5:01:58 PM
Holder: O'Brien, Nanette
Nanette.OBrien@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
Hermes Gonzalez, President
Hermes.Gonzalez@hach.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 12.234.23.151
Sent: 5/10/2021 5:03:34 PM
Viewed: 5/11/2021 6:29:45 AM
Signed: 5/11/2021 6:30:31 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Christophe Pattyn, Vice President-Chief Financial
Officer
cpattyn@hach.com
VP Finance
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.71.236.108
Sent: 5/11/2021 6:30:35 AM
Viewed: 5/12/2021 5:26:59 AM
Signed: 5/12/2021 5:27:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Toby Hunter
thunter@hach.com
Security Level: Email, Account Authentication
(None)
Sent: 5/10/2021 5:03:34 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
David Hui
David.Hui@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Sent: 5/12/2021 5:27:40 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Bryan Sharpnack
bsharpna@hach.com
Security Level: Email, Account Authentication
(None)
Sent: 5/12/2021 5:27:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Staci Lamfers
lamfers@hach.com
Security Level: Email, Account Authentication
(None)
Sent: 5/12/2021 5:27:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/10/2021 5:03:34 PM
Certified Delivered Security Checked 5/12/2021 5:26:59 AM
Signing Complete Security Checked 5/12/2021 5:27:36 AM
Completed Security Checked 5/12/2021 5:27:43 AM
Payment Events Status Timestamps
City of Palo Alto (ID # 12092)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/24/2021
City of Palo Alto Page 1
Summary Title: Contract Approval for Critical Emergency Systems
Professional Services
Title: Approval of Contract Number C21180768 With Public Safety
Innovation, Inc., in an Amount Not -to-Exceed $250,000 to Provide Specialized
Professional Services Across a Facet of Network, Computer, Data, Radio, and
Other Telecommunications Systems That Reside in Vehicles, Portable
Platforms, and City Facilities, in Support of the Palo Alto Public Safety Team
for a Term of Five -years Through April 2026
From: City Manager
Lead Department: Office of Emergency Services
Recommendation
Staff recommends that Council approve and authorize the City Manager or their
designee to execute contract number C21180768 with Public Safety Innovation, Inc.
(PSI), in an amount not to exceed $250,000 over a five-year term, for the provision of
specialized professional services across a facet of Network, Computer, Data, Radio,
Mobile systems that reside in vehicles, portable platforms, and City facilities.
Background
Palo Alto public safety departments operate critical emergency support vehicles
including a Mobile Emergency Operations Center (MEOC) comprising one satellite
system, one SyTech RIOS Interoperable communications system, 32 various radios of
all bands (HF, VHF, UHF), and six onboard networked computers; a Mobile Forensics
Lab; a Special Weapons and Tactics Van; a Public Works Mobile Department Operations
Center, and a Ford F-550 MEOC Support Vehicle (MSV) consisting of various radios and
data systems. The Office of Emergency Services (OES) also maintains a Ford F-250
emergency response vehicle, the Director’s Command Vehicle (DCV), that has similar
radio and telecommunications systems. Additionally, OES provides command and
control of emergency response efforts from a central Emergency Operations Center in
the Public Safety Building linked to geographically distributed Department Operations
Centers and involved Incident Command Posts via radio, internet, and computer
networks. These systems require routine upkeep and maintenance to maintain a high
City of Palo Alto Page 2
level of readiness in preparation for all hazards response and continuity of operations.
The current contract expired in February 2021.
All of these assets are utilized to respond to and recover from a wide range of
circumstances, including wildfires and the current pandemic.
Examples of the specialized work provided include:
1. Installation of vehicular components to response vehicles: warning devices,
telecommunications equipment, sensors;
2. Maintenance and repair of specialized public safety vehicle systems: masts, solar
systems, battery systems, touch screen systems, environmental systems, etc.; and
3. Provision of specialized systems: Mobile, portable, and equipment located in City
facilities, to support the Office of Emergency Services and other jointly-managed
equipment, such as the Public Works Mobile Department Operations Center (MDOC).
Discussion
These emergency response resources require specialized, expert, technical maintenance
and upkeep proven to be best performed through expert outside vendors in partnership
with City staff members. Multiple vendors have been used to maintain the various
network, computer, data, radio, and other systems in the past. Prior to 2013, Palo Alto
OES had been executing contract work piecemeal through various procurement
methods and with a variety of vendors which posed timeliness and efficiency
challenges. In 2013, OES instituted a comprehensive contracting mechanism to
maintain these technical systems to a high state of readiness while improving
administrative efficiency through the management of one vendor across the range of
technical requirements detailed in the scope of the RFP. The City has twice executed
contracts with Public Safety Innovation, Inc. (“PSI, Inc.”) following the City’s RFP for
professional services in support of Critical Emergency Response in 2013 , with contract
C13148763 (Staff Report #3831), and in 2016, with contract C16160578 (Staff Report
#6613). Since that time, PSI, Inc. has completed all requested tasks with a high
degree of professionalism and quality. OES has allocated the same amount of funding
to this contract as it has with previous contracts.
2020 RFP Process
On 15 December 2020, the City issued a request for proposals (RFP) for professional
services in support of Critical Emergency Response under RFP 180722. A pre-proposal
teleconference was conducted on 21 December 2020 with one vendor in attendance,
PSI, Inc. PSI, Inc. provided the only proposal received. Given its prior history of high
performance and experience with the City, OES selected PSI, Inc . as the vendor under
this RFP.
Proposal Title/Number OES C4I Professional Services
(RFP 180768)
Proposed Length of the Project 5 Years
City of Palo Alto Page 3
Number of Notices sent to Vendors via City’s eProcurement
system
520
Number of solicitation packages downloaded by Vendors 15
Total days to submit Proposal 35
Pre-Proposal Meeting 9/17/2020
Number of Company Attendees at Pre-Proposal Meeting 1 Vendor
Number of Proposals received 1
Number of Companies interviewed 0
If this contract or an alternative is not approved, the City's prior investment in
specialized vehicles and telecommunications systems will be idled; these systems
cannot be maintained by staff. When they were acquired, the total cost of ownership
was explicitly presented to the City Council. With the past and proposed reductions to
public safety staffing levels, it would be highly imprudent to also compromise the
operational readiness of these systems. Palo Alto has an obligation under the terms of
the grants through which some of this equipment was obtained to keep it in good
condition and not let it languish. As we consider past years and the utilization of this
equipment, for example, in extended deployment to wildfires, major crimes, and other
critical incidents, these are resources that are in short supply and can make the
difference in improving incident command, saving lives and speeding recovery post-
disaster.
Timeline, Resource Impact, Policy Implications
The total five-year cost of $250,000 is available in OES FY21 -25 operating funds, with
$50,000 allocated per year over the five years of the term of the contract, although the
pace of work may be changed to suit conditions and requirements. Funding in years
beyond FY 2021 is subject to the annual appropriation of funds through the annual
budget process.
The City’s fleet and IT departments, in particular, provide support for these vehicles and
systems, but the specialized, complex, and mission-critical technical systems are beyond
the scope and reasonable skillset of City staff. The need for outside expertise and
resources for these assets was detailed in the RFP.
This contract helps enable the City’s critical emergency response and recovery systems
to be maintained to the high state of technical readiness expected by the community,
and in support of area partners as a regional mutual-aid resource. Recent wildfires and
forecasts for this season support this prudent investment.
The recommendations in this report do not represent a change in City policies.
Stakeholder Engagement
The Office of Emergency Services coordinates extensively with City departments in the
implementation of public safety initatives including the Information Technology
City of Palo Alto Page 4
Department; Technical Services Division, Palo Alto Police Department; and Public Works
Department. Prospective contracting stakeholders were involved in this procurement as
described in this report.
Environmental Review
The recommendation in this report does not constitute a project requiring review under
the California Environmental Quality Act (CEQA).
Attachments:
• Attachment A: Public Safety Innovation, Inc. Contract
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CITY OF PALO ALTO CONTRACT NO. C21180768
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY INNOVATION, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 24th day of
May, 2021 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and PUBLIC SAFETY INNOVATION, INC., a
California corporation, located at 9910 Horn Road, Suite 1, Sacramento, CA 95827
(“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to provide support for critical emergency response C4I (command, control,
computer, communications and information) systems and platforms (the “Project”). The Project is
used by Palo Alto public safety department (such as Police, Fire, and the Office of Emergency
Services or OES). The City desires to engage a consultant to perform work across a wide range
of network, computer, radio and other telecommunications systems that reside in multiple
locations in connection with the Project (the “Services”) as detailed more fully in Exhibit A.
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess 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, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to
on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximum
compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on-call Services only by advanced, written authorization
from CITY as detailed in this Section. On-call Services, if any, shall be authorized by
CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager,
as identified in Section 13 (Project Management). Each Task Order shall be in substantially
the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
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Each Task Order shall contain a specific scope of services, schedule of performance and
maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on
whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set
forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as counter-signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation due
to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the
amount of compensation set forth in Section 4. CONSULTANT shall only be compensated
for on-call Services performed under an authorized Task Order and only up to the
maximum compensation amount set forth in Section 4. Performance of and payment for
any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution
through May 23, 2026 unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE
OF PERFORMANCE”. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total annual compensation shall not exceed Fifty Thousand
Dollars ($50,000) for a total, over the term of five years, not to exceed Two Hundred Fifty
Thousand Dollars ($250,000). The hourly schedule of rates, if applicable, is set out in Exhibit C-
1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which
payment would result in a total exceeding the maximum compensation set forth in this Section 4
shall be at no cost to the CITY.
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, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of 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 invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
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SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess 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 subcontractors, if any, 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 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, as amended from time to time. 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. 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
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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.
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 approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the Services to be performed under this
Agreement without the prior written authorization of the City Manager or designee. In the event
CONSULTANT does subcontract any portion of the work to be performed under this Agreement,
CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Chuck Schuler as
the CONSULTANT’s Project Manager to have supervisory responsibility for the performance,
progress, and execution of the Services and represent CONSULTANT during the day-to-day
performance of the Services. If circumstances cause the substitution of the CONSULTANT’s
Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment
of a substitute Project Manager 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 CONSULTANT 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 Services or a threat to the safety of persons or property.
CITY’s Project Manager is Nathan Rainey, Office of Emergency Services Department, 250
Hamilton Ave, Palo Alto, CA, 94303, Telephone: (650) 617-3197. CITY’s 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. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, 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 product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product 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 Services.
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SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
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 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 performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
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. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
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, entitled “INSURANCE REQUIREMENTS”. 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
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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 th e insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, 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
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to 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
provided in material conformity with this Agreement as such determination is 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, 17, 19.2, 19.3, 19.4, 20, 25,
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27, 28, 29 and 30.
19.4. 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, unless made
in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing 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 subcontractors or other persons or parties 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, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, 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
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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.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
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, hereby
incorporated by reference and as 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 o f 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 Department’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 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. This Agreement is subject to the fiscal provisions of
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the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to
time. 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.
This Project is not subject to prevailing wages and related requirements. CONSULTANT is
not required to pay prevailing wages and meet related requirements under the California Labor
Code and California Code of Regulations in the performance and implementation of the Project if
the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For
purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
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indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. 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.
29.3. 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.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
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all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
29.5. 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.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1: PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
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CONTRACT No. C21180768
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
PUBLIC SAFETY INNOVATION, INC.
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
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President / CEO
Chuck Schuler
Tony Schuler
Board members
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
1) Program and Systems Assessment.
A. Assess current systems, capabilities, and status of equipment and other vehicles/assets.
(Work performed under this category will be billed at Consultation Rate.)
2) Systems Engineering.
A. Assist OES in developing designs and plans for communications capabilities: radio,
antenna, network, software, equipment for the Emergency Operations Center (EOC) &
mobile and portable platforms. (Work performed under this category will be billed at
Consultation Rate.)
3) Network Administration.
A. Conduct routine maintenance of non-City information technology client and server
software – administer client and server upgrades when requested by City.
B. Configure RIOS client software on various remote PCs (10-20 each). Perform system
maintenance to ensure remote PCs are operable on RIOS client.
C. Network Configuration. Establish and maintain network connections, virtual private
network (VPN), and other secure data feeds on non-City information technology
equipment; coordinate with City IT when necessary for city owned configuration
requirements.
(Work performed under this category will be billed at Technician Rate.)
4) Radio Installation, Maintenance, and Training
A. Engineer and design interoperability systems for radio installations and antenna
configurations.
B. Program and test radios / radio interoperability systems
C. Configure, install, mount and modify radios or radio interoperability systems.
(Basic installation services will be performed at the Installation Rate; configuration, radio
programming, basic designing, intricate installations will be performed at the Technician
Rate. Engineering and intricate design work will be billed at Consultation / Engineering
Rate.) CONSULTANT and CITY understand and agree that the terms “install,”
“installation,” and “mount,” as used in this Agreement, shall not involve the affixing or
attaching any equipment to any City building or facility, and thus do not constitute
“public works” under the California Labor Code, as is specified in Section 26 (Prevailing
Wages and DIR Registration For Public Works Contracts) of this Agreement.
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5) Vehicle Installations
A. Installation of emergency vehicle equipment applications such as computer mobile data
installations, light bars, warning controllers, strobe accessories, push bumpers, etc.
(Work performed under this category will be billed at Installation Rate.)
6) EOC Deployments / General Staff Support
A. Support incident command staff or emergency operations staff as Communications
Leader (COM-L) or Communications Technician (COM-T) on an “on-call” basis or in
support of pre-planned events. Capable of checking-in within three hours.
B. Drive and put into operation Mobile EOC for emergency call outs or for pre-planned
events.
(Work performed under this category will be billed at Technician Rate and will be subject
to PSI Travel Expenses.)
7) Consulting Support
A. Develop technical specifications and scopes of work in accordance with technical
expertise.
B. Review documentation, professional input and guidance for RFP documents, bid review,
design, or similar.
(Work performed under this category will be billed at Consultation Rate.)
C. Consultant will comply with all applicable laws, regulations and policies regarding
conflicts of interest, and appearances of a conflict of interest, in performing any such
Consulting Support tasks or equivalent in performing the Services under this Agreement.
8) Documentation and Training
A. Develop appropriate documentation and training for designated City Staff on network,
computing, and radio systems (RIOS, Networks, Video, Radio).
(Work performed under this category will be billed at Consultation Rate.)
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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 are incorporated into this
Task Order by this reference. 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 ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the
terms and conditions of this Agreement, including Services, any specified reimbursable expenses,
and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all Services, any
specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed
the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all
Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4),
within this/these amount(s). Any work performed or expenses incurred for which payment would
result in a total exceeding the maximum amount of compensation set forth in this Agreement shall
be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are:
A. Parts and Materials. end items, components, hardware, spare parts.
B. Costs of subcontracted services such as powder coating, painting, welding, etc.
C. Travel expenses at the rate provided in Exhibit C-1.
All requests for reimbursement of expenses, if any are specified as reimbursable under this
section shall be accompanied by appropriate backup documentation and information. Any
expense anticipated to be more than $100 shall be approved in advance by the CITY’s Project
Manager.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Job/ Position Title/ Work Hourly Rate
Technician $165.00/hr
Technology Installation $128.00/hr
Engineering $250.00/hr
Consultant $250.00/hr
Travel (from business address to work site – round trip) $70.00/hr
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS 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 HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY 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: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL
INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT 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.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS
POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE
CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED 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
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1
Baumb, Nelly
From:Shikada, Ed
Sent:Friday, May 21, 2021 1:26 PM
To:Council, City; Council Agenda Email
Cc:Executive Leadership Team; ORG - Clerk's Office
Subject:Council Agenda Consent Questions for May 24: Item 2 and 4
Dear Mayor and Council Members:
On behalf of City Manager Ed Shikada, please find below the staff responses to
inquiries made by Council Member Tanaka in regard to the May 24, 2021 Council
Meeting agenda.
Item 2: Supervisory Control and Data Acquisition Upgrade Contract at
Regional Water Quality Control Plant
Item 4: Contract Approval for Critical Emergency Systems Professional
Services
Item 2: Supervisory Control and Data Acquisition Upgrade Contract at Regional Water
Quality Control Plant
1. How would day‐to‐day operations of the Regional Water Quality Control Plant
be affected if this request is denied?
Per the Resource Impact section on page 3 of SR11997, “If this project is not
approved, the Plant will continue to use a less secure and efficient SCADA
system than the proposed system.” Furthermore, the department would not be
able to retire the unsupported legacy software used for regulatory reporting;
technical glitches with this software would likely result in noncompliant
regulatory reporting.
2. What is the plausibility of hiring another person to maintain compliance of the
existing legacy software? If possible, how much would this cost?
An additional SEIU Technologist could feasibly be added to the organization at a
salary cost of $155,334 plus benefit costs; however, the long‐term cost of the
additional staff member would greatly exceed the cost of this project
($186,824) and the plant information management system project ($116,938).
The upgraded software and new plant information management system
software will be maintained without the cost of an additional staff member.
3. Why is the financial cost of the wastewater treatment unevenly distributed
between Palo Alto, Los Altos, Los Altos Hills, Mountain View, Stanford
University, and the East Palo Alto Sanitary District? Why is Palo Alto
responsible for 35%, whereas the other 5 agencies are responsible for 65%?
Palo Alto contributes approximately 35% of the flow and pollutants to the plant
as it relates to its population of residents, businesses, and groundwater
2
infiltration. The other agencies contribute approximately 65% based on their
respective sewershed contributions. The six agencies are not equally distributed
in flow and pollutant concentrations (i.e., not 1/6th for each agency). Basing
operating costs on actual flow and pollutant strength more accurately
distributes cost share between the respective agencies.
4. Why was there such a low response rate for the number of wastewater
treatment process proposals received during the solicitation process?
The project received four proposals for the Supervisory Control and Data
Acquisition Upgrade project. Staff did not find this to be an unusually low
response rate.
5. Does this contract need to be renewed this year? Can this upgrade to a new
software wait until next year?
The SCADA Upgrade project is not a renewal of an existing contract. It is a new
project. The SCADA software is not a new software but an upgrade from GE
Digital iFix 5.8 to GE Digital iFix 6.1. Given the security, efficiency, and loss‐of‐
support issues for the software, staff is not recommending a delay.
Item 4: Contract Approval for Critical Emergency Systems Professional Services
1. Would it be possible for City employees to develop the technical
capacity/skillset to perform this work, or is it more efficient to continue
contracting PSI?
The technical capabilities described in the scope of work and the range of
services provided by the vendor include mechanical engineering, electrical
engineering, power systems, vehicle systems, low voltage wiring, high voltage
wiring, SyTech radio interoperability platforms, solar power, custom fabrication,
and other services that would be infeasible for one or several City employees to
provide, especially considering that the services are not needed daily, but
sporadically. The complexity of the Mobile Emergency Operations Center
(MEOC) and other vehicles and systems is nontrivial. The City greatly benefits
from the vendor's relationship with the City and knowledge of our equipment
and mission. Further, certain public safety staff had previously augmented
some of these functions, but those positions in the Police Department and in
the Office of Emergency Services were eliminated in prior budgets.
Danille Rice
Executive Assistant to the City Manager
(650) 329‐2105 | danille.rice@cityofpaloalto.org
www.cityofpaloalto.org
CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
May 24, 2021
The Honorable City Council
Palo Alto, California
Adoption of an Ordinance Clarifying Emergency Building and Planning
Permit Extensions Granted in Spring 2020 in Response to the COVID-
19 Pandemic
Recommendation
Staff recommends that the City Council adopt the attached ordinance, which will clarify the
expiration date of certain building and planning permits extended by Ordinance No. 5496 in
Spring 2020.
Background
On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to
the threat of COVID-19. Thereafter, the County Public Health Officer of Santa Clara County
(“County”) and the City issued various orders affecting activities in the County and City of Palo
Alto (“City”).
In a series of Shelter-in-Place Orders enacted from March to April of 2020, the County
prohibited most residential and almost all commercial construction. The City found that these
and other efforts to slow the spread of COVID-19 resulted in the delay and cessation of land use
development activity, effectively shortening the validity of planning entitlements and building
permits.
In response, on May 4, 2020, the City adopted Ordinance No. 5496 (“Emergency Extension
Ordinance”), which:
• Temporarily suspended the expiration of all planning entitlements, building permits, and
building permit applications valid as of March 16, 2020, or issued during an applicable
“shelter in place order”;
• Automatically extended the expiration date of planning entitlements, building permits,
and building permit applications to 180 days following the cessation of any applicable
shelter in place order; and,
• Suspended municipal code application processing timelines during and for 180 days
following any applicable shelter in place order.
The primary purpose of this ordinance was to temporarily extend certain entitlements and
permits issued by the Department of Planning and Development Services, based on the length
of the period that construction was slowed or halted by the County’s Shelter -in-Place Orders.
Page 2
The County’s guidance on construction evolved relatively quickly. On April 29, 2020, a County
order permitted construction with certain restrictions (“April 2020 Order”).1 Construction
projects resumed in some cities within the County. The April 2020 Order established a
Construction Project Safety Protocol, which required small construction projects to comply with
all California and federal OSHA regulations and designate a site-specific COVID-19 supervisor.
Large construction projects were required to create site-specific health and safety plans,
implement staggered shift schedules, and assign a third-party jobsite safety accountability
supervisor and a COVID-19 safety compliance officer. This Protocol was extended and updated
by the June 5, 2020 Shelter-in-Place Order Update2 and the July 2020 Mandatory Directive for
Construction Projects.3 These Orders were again updated and extended in December of 2020.4
During this period, the County also switched from Orders to “Shelter in Place” to Orders
“Establishing Risk Reduction.” The first Risk Reduction Order was dated July 2, 2020.5 The July
Risk Reduction Order was updated on October 5, 2020 and remains in place.6 Despite this
change in nomenclature, the County has maintained some form of pandemic-related
construction directives.
Discussion
As expected, circumstances have changed since the original Emergency Extension Ordinance
was passed. Accordingly, this Ordinance seeks to clarify the Emergency Extension Ordinance
and bring building and planning permit extensions to an orderly conclusion. The original
ordinance intended to extend “planning entitlements, building permits, and building permit
applications for 180 days following the cessation of any applicable shelter in place order ,” to
account for COVID-19-related limitations on development activity. As illustrated by the history
of County orders above, it is unclear if and when the County Shelter -in-Place Order was lifted.
To resolve this ambiguity, Staff has proposed an update ordinance that would tie the permit
extensions to the City’s local state of emergency, providing clarity to both permit holders and
staff.
The extensions for entitlements and permits will toll as follows:
• An entitlement or permit that would have expired between March 16, 2020 and the end
of the City’s local state of emergency will instead expire 180 days after the final day of
the City’s local state of emergency.
• An entitlement or permit that will expire at any time after the final day of the City’s local
state of emergency will instead expire 180 days after the or iginal expiration date. For
example, a permit that was granted on March 1, 2020 and set to expire on March 1,
1 https://covid19.sccgov.org/sites/g/files/exjcpb766/files/05-04-20-Health-Officer-Order.pdf.
2 https://www.sccgov.org/sites/deh/Documents/scc_executive-summary-order-06-05-2020.pdf.
3 https://www.losaltoshills.ca.gov/DocumentCenter/View/3616/Santa-Clara-County-Mandatory-Directives-
Construction-Projects-July-13-2020-PDF?bidId=
4 https://covid19.sccgov.org/sites/g/files/exjcpb766/files/Mandatory -Directives-Construction-Projects.pdf.
5 https://covid19.sccgov.org/sites/g/files/exjcpb766/files/07-02-20-Health-Officer-Order.pdf.
6 https://covid19.sccgov.org/sites/g/files/exjcpb766/files/executive-summary-order-10-05-2020.pdf.
Page 3
2022 would instead expire on August 28, 2022, assuming the City’s local state of
emergency is lifted prior to March 2022.
Moreover, municipal code application processing timelines shall return to normal as of the
effective date of the attached Ordinance.
Policy Implications
At the time the Council adopted Ordinance 5496, construction activity in Santa Clara County
was essentially at a standstill. Since that time, Palo Alto and other agencies have successfully
transitioned to online permitting systems and construction has resumed, subject to pandemic
safety protocols. As a result, staff believe it is appropriate to bring the permit extensions
granted by Ordinance 5496 to a conclusion, but recommend providing an additional 180 days
following the end of a local state of emergency (or otherwise applicable expiration date) to
acknowledge that the pandemic’s impacts on construction will linger and to av oid any surprises
for permit- and entitlement-holders. Linking these permit extensions to the local state of
emergency also allows the City Council to respond to any unanticipated changes in
circumstances.
Resource Impact
The proposed ordinance should not have an impact on City or staff resources.
Environmental Review
The City Council finds that adoption of this ordinance is exempt from environmental review
under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section
15061(b)(3), because it can be seen with certainty that temporarily extending certain permit
approvals and application processing timelines for a limited period of time will not have a
significant effect on the environment.
ATTACHMENTS:
• Attachment A: Ordinance Clarifying Building and Planning Permit Extensions (PDF)
Department Head: Molly Stump, City Attorney
Page 4
*NOT YET APPROVED*
0160049_20210511_ay16 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Updating Emergency Permit
Extension Ordinance in Response to Changes to Santa Clara County Health
Orders
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due
to the threat COVID-19. Thereafter, the County Public Health Officer of Santa Clara County
(“County”) and City Manager Ed Shikada, acting as director of Emergency Services, issued
various orders significantly limiting activities in the County and City of Palo Alto (“City”).
B. In a series of Orders enacted from March to April of 2020, the County prohibited most
residential and almost all commercial construction. The City found that these and other
efforts to slow the spread of COVID-19 resulted in the delay and cessation of land use
development activity, effectively shortening the validity of planning entitlements and
building permits.
C. On May 4, 2020, the City adopted Ordinance No. 5496 (“Emergency Extension Ordinance”),
which suspended the expiration of various licenses, permits, and applications issued by the
Department of Planning and Development Services, based on the length of the period that
construction was slowed or halted by County Shelter-in-Place Orders.
D. Over the next months, the County’s Shelter-in-Place Orders became less restrictive. The
County’s current Risk Reduction Order allows for a variety of construction activities to
occur.
E. On March 12, 2020, the Director of Emergency Services issued a proclamation declaring the
existence of a local emergency within the City, which was ratified by the City Council on
March 16, 2020, and continued on May 11, 2020.
F. On June 23, 2020, the City Council adopted Resolution No. 9907, continuing the local
emergency (“Local State of Emergency”) until terminated by action of the City Council.
G. The City Council finds that circumstances have changed significantly since the Emergency
Extension Ordinance was first passed. With new safeguards to protect public health, safety
and welfare, construction has resumed. Permit extensions shall be updated to reflect the
duration of the current state of emergency in Palo Alto.
*NOT YET APPROVED*
0160049_20210511_ay16 2
SECTION 2. Ordinance No. 5496, (the “Emergency Extension Ordinance”) is hereby
rescinded.
SECTION 3. All building permits and planning entitlements, permissions, and
approvals extended by the Emergency Extension Ordinance will toll as follows:
(a) An entitlement, approval or permit that would have expired between March 16,
2020 and the date on which the City’s Local State of Emergency is terminated will
instead expire 180 days after the date on which the City’s Local State of
Emergency is terminated.
(b) An entitlement, license or permit for which the original expiration date (i.e. the
expiration date absent any extension pursuant to Ordinance 5496) has not passed
by the date on which the City’s Local State of Emergency is terminated will instead
expire 180 days after the original expiration date.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 5. The City Council finds that adoption of this ordinance is exempt from
environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines section 15061(b)(3), because it can be seen with certainty that temporarily extending
certain permit approvals and application processing timelines for a limited period of time will not
have a significant effect on the environment.
//
//
//
//
//
//
//
//
*NOT YET APPROVED*
0160049_20210511_ay16 3
SECTION 6. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
May 24, 2021
The Honorable City Council
Palo Alto, California
SECOND READING: Adoption of an Ordinance Amending Section
22.04.150(b) of the Palo Alto Municipal Code to Reinstate Preexisting
Restrictions on Horses and Bicycles Using Certain Entrances to
Foothills Nature Preserve; and Amending the Fiscal Year 2021
Municipal Fee Schedule to add new Vehicle Entry Fee Categories and
Free Passes for Foothills Nature Preserve (FIRST READING: May 10,
2021 PASSED: 7-0)
This was heard by the City Council on May 10, 2021 for a first reading. No
changes were made to the Ordinance, it is now before you for a second reading.
ATTACHMENTS:
• Attachment A: Ordinance to Approve New Vehicle Entry Fees for Foothills Nature Preserve
(PDF)
Department Head: Beth Minor, City Clerk
Page 2
*NOTYETAPPROVED*
1
0227_20210428_ts24
OrdinanceNo.___
OrdinanceoftheCounciloftheCityofPaloAltoAmendingSection22.04.150(b)
ofthePaloAltoMunicipalCodetoReinstatePreexistingRestrictionsonHorses
andBicyclesUsingCertainEntrancestoFoothillsNaturePreserve;andAmending
theFiscalYear2021MunicipalFeeScheduletoAddNewVehicleEntryFee
CategoriesandFreePassesforFoothillsNaturePreserve.
TheCounciloftheCityofPaloAltoORDAINSasfollows:
SECTION1.Findingsanddeclarations.TheCityCouncilfindsanddeclaresasfollows:
A. TheCity’sFoothillsNaturePreserveisreservedforpark,playground,recreation,
orconservationpurposesbyPaloAltoMunicipalCode(PAMC)22.08.090etseq.;
B. ThepreexistingrestrictionsforbicyclesandhorsesatGateDandthePageMill
TrailentrancestoFoothillsNaturePreservewereinadvertentlyleftoutwhenPAMCsection
22.04.150wasamendedandcleanedupin2020,andtheCityCouncildesirestoreinstatethis
provision;
C. BasedonrecommendationfromtheParksandRecreationCommission,theCity
CouncildesirestoaddnewvehiclecategoriesandfeesforentrytoFoothillsNaturePreserve,to
offerfreeentrydaysonsixspecificdays,andofferfreepassesatlibraries,freevehicleentrance
onweekdaysforstudentgroups(Kindergartenthrough12thgrade)withavalidStudentFieldTrip
Reservation,andtofourthgradestudents.
SECTION2.Subsection(b)ofsection22.04.150(FoothillsNaturePreserve)ofChapter
22.04(ParksandRecreationBuildingUseandRegulations)ofTitle22(Parks)isherebyamended
asfollows(newtextinunderline,deletedtextinstrikethrough):
(b)NopersonshallenterorexitFoothillsNaturePreserveexceptat:
(1)ThemaingateonPageMillRoad(Gate1);
(2)DesignatedentryandexitlocationsontheparkboundariessharedwiththeEnid
PearsonArastraderoPreserve(GateD)andtheLosTrancosOpenSpacePreserve(PageMill
Trail).Theseentryandexitlocationsshallnotbeusedbybicyclesorhorses;or
(3)TheBayͲToͲFoothillsRidgetrails;or
(4)(3)Asauthorizedbythedirector.
Violationsofthissubsectionshallbeamisdemeanor.
SECTION3.TheCounciloftheCityofPaloAltoamendstheFiscalYear2021Municipal
FeeSchedulebyadoptingthenewfeesforFoothillsNaturePreserveassetforthinExhibit“A”of
thisordinanceandincorporatedherebyreference.
SECTION4.Ifanysection,subsection,sentence,clause,orphraseofthisOrdinanceis
foranyreasonheldtobeinvalidorunconstitutionalbyadecisionofanycourtofcompetent
jurisdiction,suchdecisionshallnotaffectthevalidityoftheremainingportionsofthisOrdinance.
*NOTYETAPPROVED*
2
0227_20210428_ts24
TheCityCouncilherebydeclaresthatitwouldhavepassedthisOrdinanceandeachandevery
section,subsection,sentence,clause,orphrasenotdeclaredinvalidorunconstitutionalwithout
regardtowhetheranyportionoftheOrdinancewouldbesubsequentlydeclaredinvalidor
unconstitutional.
SECTION5.ThefeesinthisOrdinanceareforvoluntaryentranceand/oruseof
governmentproperty.PursuanttoArt.XIIIC,SectionI(e)(4)oftheCaliforniaConstitution,these
feesarenotatax.
SECTION6.TheCouncilfindsthatthisprojectiscategoricallyexemptfromtheprovisions
oftheCaliforniaEnvironmentalQualityAct(“CEQA”)undersections15301(ExistingFacilities)
and15323(NormalOperationsofFacilitiesforPublicGatherings).
SECTION7.ThisOrdinanceshallbeeffectiveonthethirtyͲfirstdateafterthedateofits
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOTPARTICIPATING:
ATTEST:
____________________________ ____________________________
CityClerkMayor
APPROVEDASTOFORM:APPROVED:
____________________________ ____________________________
DeputyCityAttorneyCityManager
____________________________
DirectorofCommunityServices
____________________________
DirectorofAdministrativeServices
*NOTYETAPPROVED*
3
0227_20210428_ts24
AttachmentA
FiscalYear2021MunicipalFeeSchedule
CommunityServicesFees
OpenSpace,Parks,&Golf
ParkActivities–FoothillsNaturePreserve(formerlyFoothillsPark)
FoothillsNaturePreserve–dailyentryfor
vehiclesthathaveupto9personcapacity
$6pervehicleperday;
FreeforCityͲdesignatedpreservevolunteers,
activemilitary,veterans,studentswithID
whoaredriving,andvehicleswithavalid
disabledpersonparkingplacardorlicense
plate.
Freeonthefollowingdays:
FirstSaturdayinDecember
ThirdMondayinJanuary(MLKDay)
FirstTuesdayinMarch
LastWednesdayinApril
ThirdThursdayinJune
FirstFridayinOctober
FoothillsNaturePreserve–dailyentryfor
vehiclesthathave10Ͳ24personcapacity
$30pervehicleperday
FoothillsNaturePreserve–dailyentryfor
vehiclesthathave25personormore
capacity(Onlyavailableinconjunctionwith
grouppermit)
$60pervehicleperday
FoothillsNaturePreserve–annualpassfor
vehicleswithacapacityofupto9persons
$65peryearfornonͲresidents;
$50peryearforPaloAltoresidentsandCity
employees;
25%discountforseniors(65+);
Freeforactivemilitary,veterans,andlowͲ
incomevisitors;
(Discount/freepasscanbeappliedtononͲ
residentandresidentpass).
FoothillsNaturePreserve–weekdayentry
forvehiclesinconjunctionwithaCityͲ
permittedstudentfieldtrip
Free
FoothillsNaturePreserve–libraryfreepass
program
Freeregularvehicle(upto9personcapacity)
entrywithpass.PassesavailableatPaloAlto
libraries,subjecttoconditionsonpass,
includinganydaterestrictions.Upto10
*NOTYETAPPROVED*
4
0227_20210428_ts24
passesmaybedistributedforfreeadmission
foranygivenday.
FoothillsNaturePreserve–fourthgrade
annualpassprogram
Freeforfourthgradestudents.Passvalidfor
oneyear,beginninginAugustoftheyearthe
studentbeginsfourthgradeandendingthe
followingAugust31.Passallowsentryofone
regularvehicle(upto9personcapacity)
whenthefourthgraderispresent.
City of Palo Alto (ID # 11632)
City Council Staff Report
Report Type: Action Items Meeting Date: 5/24/2021
City of Palo Alto Page 1
Council Priority: Climate/Sustainability and Climate Action Plan
Summary Title: Contract Approval with GreenWaste Recovery, Inc. for Solid
Waste Processing and Disposal Services
Title: Approval of Contract Number C21174926 With GreenWaste Recovery,
Inc. fo r Solid Waste Processing and Disposal Services With an 8.5 Year Term
and an Estimated Average Annual Amount of $4.82 million; Adoption of
Negative Declaration for Palo Alto Solid Waste Processing Contract as
Adequate and Complete Under the California Envir onmental Quality Act
(CEQA); and Approval of an Amendment to the Second Memorandum of
Understanding With the Cities of Sunnyvale and Mountain View Regarding
the Sunnyvale Materials Recovery and Transfer Station
From: City Manager
Lead Department: Public Wo rks
Recommendation
Staff recommends that Council:
1. Approve and authorize the City Manager or their designee to execute an agreement with
GreenWaste Recovery, Inc. (Contract No. C21174926) for solid waste processing and
disposal services to begin January 1, 2022 with an 8.5-year Term and estimated average
annual amount of $4.82 million over the contract term;
2. Adopt a Resolution (Attachment A) adopting the Negative Declaration for Palo Alto Solid
Waste Processing Contract as Adequate and Complete Under the California Environ mental
Quality Act; and
3. Approve an Amendment to the Second Memorandum of Understanding (MOU) between
the cities of Palo Alto, Mountain View, and Sunnyvale (Attachment B) for processing solid
waste at the Sunnyvale Materials Recovery and Transfer Station , to extend the end of the
term of the MOU from October 15, 2021 to December 31, 2021.
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Executive Summary
Palo Alto’s municipal solid waste (the contents of the black carts and bins) is comprised of
materials that are compostable, recyclable, and some that are neither, and must be disposed of
in a landfill. For the last 30 years, the processing of Palo Alto’s solid waste to recover
compostables and recyclables has taken place at the Sunnyvale Materials Recovery and
Transfer (SMaRT®) Station. The two contracts supporting this arrangement need to be replaced
or extended by the end of this calendar year, as both are expiring. Following a Request for
Proposals (RFP) process, staff is recommending consolidating these two types of contracts and
having one new contract with GreenWaste Recovery, Inc., (GWR) a leader in recycling and
composting. Without such a contract, Palo Alto would be unlikely to meet its Council -adopted
goal of 95 percent diversion of materials from landfills by 2030.
The GWR contract costs over the 8.5-year term are expected to be significantly lower when
comparing to the possible range of costs with the SMaRT Station. T he low estimate for the
SMaRT Station costs are projected to be $4.6 million more than GWR over the 8.5 -year term.
On the high end of the cost range, the SMaRT Station is estimated to cost $7.69 million more
than GWR.
Background
Municipal solid waste processing and disposal services are an essential health and sanitation
service for the community that have had very little change in the last three decades. Increasing
the amount of compostable and recyclable materials recovered from the solid waste stream
results in increased diversion of materials from landfills and further moves the City towards
meeting its sustainability goals. The 2017 Waste Characterization Study of Palo Alto’s solid
waste found that 67 percent of what was in the black containers could have been recycled or
composted. While the City provides extensive outreach and zero waste programs for residents
and businesses, it is still essential for the solid waste to be processed to recover compostable
and recyclable materials and to reduce the amount of materials being landfilled.
Processing of solid waste is an initiative detailed in the City’s 2018 Zero Waste Plan. In addition,
the Sustainability and Climate Action Plan includes the City’s sustainability goal of 95 percent of
waste diverted from landfills by 2030 and to reduce greenhouse gas emissions. Further,
backend processing of solid waste to reduce disposal of organic materials in landfills aligns with
the objective of the State’s 2016 Senate Bill 1383 to reduce emissions of short -lived climate
pollutants by requiring organic materials (referred to as “compostable materials” in Palo Alto)
to be recovered for further processing instead of the materials being landfilled and adding to
greenhouse gas emissions.
The current collection, processing, and disposal of refuse including solid waste, compostable,
recyclable materials, and construction and demolition materials is handled through three main
agreements: 1) a contract with GreenWaste of Palo Alto (GWPA) - a joint venture of
GreenWaste Recovery, Inc. and Zanker Road Resource Management, Ltd., 2) a Memorandum of
City of Palo Alto Page 3
Understanding (MOU) with the cities of Sunnyvale and Mountain View to process solid waste,
and 3) a contract for disposal with Waste Management. GWPA provides curbside collection,
transportation, and processing services for recyclable, compostable, and construction and
demolition materials. GWPA also collects solid waste from all residential and commercial
customers and currently transports the material to be processed at the SMaRT Station in
Sunnyvale. The SMaRT Station is owned b y the City of Sunnyvale and operated by their
contractor, Bay Counties Waste Services. Under a 1991 MOU between the cities of Palo Alto,
Mountain View, and Sunnyvale, Palo Alto pays Sunnyvale for solid waste processing services to
remove recyclable and compostable materials at the SMaRT Station and then transfer the
residuals from processing for disposal at the Kirby Canyon Landfill in South San Jose, which is
under a separate contract Palo Alto has with Waste Management. Palo Alto’s municipal solid
waste tonnage is approximately 14 percent of the solid waste accepted at the SMaRT Station
from all three cities. Other materials accepted from Palo Alto include yard trimmings and public
haul.
Figure 1: Current flow of materials and the responsible agreements
In August 2018 (ID # 9237), Council directed staff to prepare and issue a Request for Proposals
(RFP) for solid waste processing and disposal services. The RFP was recommended as a first step
to replace these 30-year agreements and solicit proposals for the same, or better, processing
and disposal services than are provided by the SMaRT Station and Waste Management.
In January 2020 (ID # 10942), Council adopted a resolution expressing the City’s intention to
discuss continued use of the SMaRT Station with the City of Sunnyvale beyond 2021 but did not
commit to doing so. Discussions continued through Fall 2020.
Solid Waste
(Processing)
J GWRMRF
Compostable
(Processing)
Construction &
Demolition Waste
(Processing)
City of Palo Alto Page 4
Discussion
The objectives for determining the best value and best solid waste processing services include
maximizing diversion of materials from the landfill along with reducing greenhouse gas
emissions impacts, minimizing processing and disposal co sts, and obtaining a short to mid-term
contract to provide future flexibility for the City rather than a long-term agreement. Another
intent considered was to potentially align the new contract term with GWPA’s contract that
ends June 30, 2026 so that future solicitations could include an integrated waste management
services package. In order to expand the options for the City on value and cost, the RFP
requested three different cost proposals and pricing based on an all-inclusive cost per ton for
processing and disposal services for three different term lengths: short-term contract of 4.5
years (ending June 2026, at the same time as GWPA’s contract), 10.5 years (ending June 2032),
and 14.5 years (ending June 2036) since these are traditional term lengths in the waste
industry.
Solicitation Process
The RFP for Solid Waste Processing and Disposal Services was posted on August 1, 2020 in
Planet Bids, the City’s electronic bidding portal. The solicitation period was 42 days. Proposals
were received from one qualified contractor on September 11, 2020.
Summary of Solicitation Process:
PROPOSAL DESCRIPTION
SOLID WASTE PROCESSING AND DISPOSAL
SERVICES/ RFP #174926
PROPOSED LENGTH OF PROJECT 4.5, 10.5, or 14.5 years
NUMBER OF VENDORS NOTIFIED 230
NUMBER OF PROSPECTIVE PROPOSERS 16
NUMBER OF PROPOSAL PACKAGES
DOWNLOADED 13
TOTAL DAYS TO RESPOND TO PROPOSAL 42
PRE-PROPOSAL MEETING? Yes
PRE-PROPOSAL MEETING DATE August 13, 2020
NUMBER OF PROPOSALS RECEIVED 1
COMPANY NAME GreenWaste Recovery, Inc.
LOCATION (CITY, STATE) San Jose, CA
One proposal was received from GreenWaste Recovery, Inc. (GWR), and it was determined that
GWR’s proposal was responsive and would provide the required services in the best interest of
the City. Staff considered GWR’s qualifications and experience, its technical proposal including
the minimum diversions guarantee, its available solid waste and compost processing capacity,
innovative processing mechanisms, and overall cost-effectiveness of providing the City’s
desired processing service. GWR is a locally owned and operated corporation with over thirty
years of experience in collection and processing of waste materials. As an operator of a
privately-run facility, GWR is responsible for all facets of the operation and materials processed,
and therefore has the internal motivation and incentive to be innovative with their processing
City of Palo Alto Page 5
to increase diversion and reduce their costs including reducing the amount of materials
transferred to the landfill.
GWR has two materials recovery facilities (MRFs) located in San Jose, one for processing solid
waste and mixed materials (GWR MRF), and a recycling MRF where recyclables are processed,
sorted, and prepared for marketing. The GWR MRF currently processes solid waste and mixed
materials from over seven jurisdictions, with San Jose’s materials making up approximately 83
percent of all the waste processed. Palo Alto’s tonnages would equal approximately 6 percent
of the overall waste received and processed at the GWR MRF.
The contract with GWR will begin January 1, 2022 and include the following services:
1) Accept and process Palo Alto’s solid waste collected by GWPA, the City’s Collector, and
some waste (typically illegally dumped materials) collected by the City crews;
2) Recover recyclable and compostable materials from the solid waste for further
processing and marketing of materials;
3) Transport and dispose of residue at the Monterey Peninsula Landfill;
4) Provide a lower cost per ton for transferring and disposing of non -processable materials
including the grit from the Regional Wastewater Quality Control Plant and hospital
waste directly to the local landfill, Newby Island landfill (these materials do not need to
be processed at the GWR MRF because they contain little to no recoverable materials);
5) Accept yard trimmings from the City’s crew work to be processed at the Zanker Material
Processing Facility;
6) Conduct waste audit characterizations; and
7) Miscellaneous optional services including additional waste audits and paper shredding
events.
Palo Alto’s solid waste will be sent to the GWR MRF where the bags of solid waste are opened ,
and their contents journey through multiple series of conveyor belts, different sized disk
screens, air separators, optical sorters, magnetic separators, and artificial intelligence robots
that further separate the materials by type and category. Recyclable materials are separated
out and marketed. Compostable materials and fines (small pieces of organic materials) are sent
to Z-Best Composting Facility in Gilroy to be composted, with the resulting soil amendment
being sold to landscape companies. Landfill residuals (e.g., materials that are not recoverable
such as those with multiple layers of material types and food soiled glass and plastics), are
removed and sent to the landfill.
The following Table 1 is a summary of the per ton costs proposed by GWR (for rate period one
starting January 1, 2022). The table also compares the initially proposed per ton costs and
ending term dates to the approximate 10 percent reduced cost per ton and the 8.5 years
reduced term length obtained through negotiation discussions between staff, its consultants,
and GWR. The 8.5-year term is scheduled to end in June 2030, which is a length that provides
the City with more processing flexibility as it gets closer to meeting its Zero Waste and
Sustainability and Climate Action Plan goals. The shorter 4.5-year term was also evaluated but
City of Palo Alto Page 6
Staff determined that the cost reduction of $20 per ton over the longer term was more
beneficial to the City and provided future flexibility for continuing to reduce waste.
Table 1: Multiple Term Lengths and GWR Cost per Ton Evaluated
Term Length Cost per Ton End Date
RFP response:
4.5 years $210 June 2026
10.5 years $190 June 2032
14.5 years $185 June 2036
Negotiated into new contract:
8.5 years $190 June 2030
Reduced rate through negotiations: 10%
SMaRT Station
The City of Sunnyvale did not submit a proposal on the City’s RFP because jurisdictions do not
typically propose on services through RFPs and Sunnyvale was also seeking a partnership similar
to what has existed through the longstanding MOU. Therefore, parallel to Palo Alto’s RFP
process, staff met with the cities of Sunnyvale and Mountain View multiple times and reviewed
various documents prepared by Sunnyvale and its consultants on estimated diversion goals,
future costs, and the potential structure of sharing future processing and infrastructure/
equipment retrofit expenses. Topics of review and discussion also included contract
negotiations with the SMaRT Station operator (Bay Counties Waste Services), priority of
equipment improvements, and other data to determine if continuing processing solid waste at
the SMaRT Station was the best service and value for Palo Alto.
Mountain View and Sunnyvale are planning to continue taking solid waste and other materials
to the SMaRT Station after the current agreement ends and have drafted a new MOU with a 15 -
year term.
SMaRT Station MOU Term Extension
The thirty-year old MOU between the cities of Palo Alto, Mountain View and Sunnyvale for solid
waste processing at the SMaRT Station is scheduled to end on October 15, 2021 , and the
contract with Waste Management for landfill disposal will end on December 31, 2021. Since
these agreements have a symbiotic connection, the longstanding MOU needs to be amended to
end December 31, 2021, to ensure continuity and consistency between the processing services
and landfilling of residuals (Attachment B).
Comparing GWR to SMaRT Station
Receiving only one proposal from the RFP process, staff had two viable alternatives for its solid
waste processing and disposal services: 1) Continue using the SMaRT Station through a new
long-term agreement with the cities of Sunnyvale and Mountain View and extend the contract
City of Palo Alto Page 7
with Waste Management for residue disposal at the Kirby Canyon Landfill, or 2) Opt for the
proposed contract with GWR.
Staff and its consultants analyzed and compared these two alternatives primarily based on
diversion outcomes and financial impacts. Overall, the comparative analysis found that the
proposed contract with GWR provides the best value to the City by providing solid waste
processing and disposal services that will achieve higher diversion outcomes at lower costs and
predictable rates. The contract with GWR provides for a 50 percent minimum diversion
guarantee and per ton rates that will increase annually by CPI, neither of which can be provided
by the SMaRT Station. Through the contract with GWR, Palo Alto will obtain an additional 15 to
49 percent diversion of materials from the landfill, or approximately 1,700 to 5,600 additional
tons of materials per year (14,600 to 47,400 tons not landfilled over the full term). In addition,
it is estimated the City will save between 11.2 percent and 18.8 percent in processing costs and
will face lower financial risk since annual adjustments will be based on Consumer Price Index
(CPI). Additionally, the contract with GWR provides the City with more direct control over City -
specific diversion and cost outcomes than is possible with the SMaRT Station. Detailed
summaries pertaining to the comparative analysis with respect to diversion, financial impacts,
and other factors are below.
Diversion Outcomes
The contract with GWR includes a minimum diversion guarantee of 50 percent and includes
liquidated damages of $20,000 per year if GWR fails to meet the minimum guarantee. GWR has
provided recent reports demonstrating that, in the past four years, GWR has achieved an
average of approximately 70 percent diversion of solid waste delivered for processing and
disposal.
The SMaRT Station has historically diverted about 17 percent of material from solid waste
processing, and although it has recently achieved approximately 30 percent diversion for this
same waste stream, it does not have a minimum guarantee to meet a specific diversion rate.
The diversion is highly dependent on its operator contractor, incentives, and the equipment in
its processing line. The SMaRT Station is using equipment that is 13 years old with two sorting
screens replaced in 2015. While capital and operational upgrades at the SMaRT Station are
being planned and are expected to increase the level of diversion from the current level of
approximately 30 to 45 percent, those upgrades are not expected to be completed until the
Spring of 2025. In comparison, improvements to GWR’s facility were completed in 2019 and
include the use of disk screens, polishing screens, optical sorters, metal separators, “Nihot”
units (air sorters that separate waste), and new technology referred to as Max-AI robotic units.
All these newer features enable a better sorting process and increased diversion of recoverable
materials from the waste stream.
Approximately 19,300 tons of the City’s solid waste are projected to be processed for recovery
annually, for a total of approximately 164,000 tons through the term of the contract from
January 1, 2022 through June 30, 2030, assuming the tonnage is stable and consistent through
the term. Under the contract with GWR, it is projected that a minimum of 50 percent or 82,000
City of Palo Alto Page 8
tons of solid waste would be recovered over the term, with the remaining 82,000 tons residual
waste being landfilled for an overall minimum diversion rate of 50 percent. At this minimum
diversion rate, the amount of waste sent to the landfill over the term of the contract with GWR
would be approximately 14,600 tons (15 percent) less disposed than it would be with the
SMaRT Station. However, the actual diversion achievement with GWR is likely to be higher than
the 50 percent minimum diversion guarantee. If GWR were to achieve its recent historical 70
percent average diversion for the City’s solid waste tons, it is projected that 114,800 tons of
solid waste would be recovered over the term of the contract, with 49,200 tons being sent to
landfill, for a diversion rate of 70 percent. At this historical average GWR diversion rate, the
amount of waste sent to the landfill over the term of the contract with GWR would be
approximately 47,400 tons (49 percent) less than it would be with the SMaRT Station. Table 2
summarizes the comparison of the overall estimated diversion outcomes for the SMaRT Station
to the estimated range of diversion outcomes for the contract with GWR.
Table 2: Comparison of Projected Diversion and Landfill Outcomes for the 8.5-year Term Length
Tons Diverted
(Recycled or
Composted)
% Diversion
Tons
Landfilled
(Residual)
Total
Incoming
Tons
SMaRT Maximum Diversion 67,400 ~45% 96,600 164,000
GWR Minimum Diversion 82,000 50% 82,000 164,000
GWR Maximum Diversion 114,800 70% 49,200 164,000
Financial Comparison
The contract with GWR sets initial per ton rates (shown in Table 3) effective January 1, 2022
that are fixed for solid waste processing and disposal, solid waste tran sfer and disposal (for
solid waste that cannot be processed, namely hospital waste and sewer grit), and yard
trimmings processing. The initial per ton rates in the GWR contract will be adjusted annually on
July 1 in accordance with changes in the CPI up to a maximum cap of 5 percent per year. This
approach to compensation for solid waste processing and disposal services provides for relative
predictability and stability. This predictability stems from the fact that the City will largely be
able to anticipate future annual costs for these services in advance based on tonnages and
publicly available CPI data.
By contrast, annual costs with the SMaRT Station have been much less predictable and stable,
with no maximums, in that compensation for services provid ed by the SMaRT Station are tied
to cost sharing. Palo Alto’s cost-share burden with the SMaRT Station has historically varied
year to year in ways that are tied to the facility’s needs, equipment financing, and its operator’s
decisions and revenue incentives. Although the City of Sunnyvale in its draft future MOU was
planning to create future stability in its costs and have a cost per ton rather than the
jurisdictions being charged for a percentage of the costs, it will continue to be a higher risk for
the City because decisions regarding the future capital and operating improvements at the
City of Palo Alto Page 9
SMaRT Station as well as its operator and processing contracts have yet to be finalized.
Therefore, determining future costs with the SMaRT Station is unpredictable in comparison to
the costs anticipated via the contract with GWR. Table 3 compares the January 1, 2022 fixed
per ton rates per the contract with GWR from negotiation discussions to the estimated
minimum and maximum per ton rates with SMaRT Station provided by the City of Sunnyvale.
Actual per ton rates for the SMaRT Station will not be available unless the City opts to remain in
the SMaRT Station partnership.
Table 3: Comparison of January 1, 2022 GWR Per Ton Rates
to Estimated SMaRT Station Range of Per Ton Rates
Materials GWR SMaRT Station
Low Estimate
SMaRT Station
High Estimate
Solid Waste Processing and Disposal $ 190 $178 $ 190
Solid Waste Transfer and Disposal $ 100 $178 $ 190
Yard Trimmings Processing $ 60 $97 $ 97
As shown in Table 3, GWR’s cost for solid waste processing and disposal services (for
processing, recovery, and subsequent residual disposal (for approximately 19,300 tons per
year) of $190 per ton is higher than the low estimate for the SMaRT Station but the same as the
high estimate. However, GWR’s cost for solid waste transfer and disposal (for transfer and
disposal of 4,700 tons per year of “un-processable” hospital and sewer grit waste) of $100 per
ton is substantially lower than estimated costs with the SMaRT Station; this is because the
SMaRT Station applies the same per ton costs to these waste streams. Likewise, GWR’s cost for
yard trimmings processing of $60 per ton is also less than the estimated costs with the SMaRT
Station.
For FY2021, the SMaRT Station total costs for the City will be approximately $4,573,000. Tables
4 and 5, below, show cost estimates for FY2022 and FY2023 comparing beginning a new service
contract with GWR on January 1, 2022 versus continuing services with the SMaRT Station. In FY
2022, the estimated total cost for services is $4,301,000, as shown in Table 4, with the first half
of the year of the service being provided by the SMaRT Station and with GWR beginning
services January 2022.
City of Palo Alto Page 10
Table 4: Comparison of Estimated FY 2022 Costs for Processing Solid Waste
FY 2022 (12 months)
SMaRT Station Low
(July-Dec 2021) plus
GWR Proposed (Jan-
June 2022) Estimate
If Only Using
SMaRT Station
Low Estimate
(July 2021-
June 2022)
Difference
(Comparing
SMaRT Station
to GWR costs)
Solid Waste Processing and
Disposal $3,534,000 $3,414,000 -$120,000
Solid Waste Transfer and Disposal $667,000 $853,000 +$186,000
Yard Trimmings Processing $100,000 $124,000 +$24,000
Estimated FY 2022 Total Costs $4,301,000 $4,391,000 +$90,000
Looking at FY 2023 for a 12-month comparison, the estimated costs in FY 2023 are $4,367,000,
assuming a 3 percent CPI escalation in the per ton rates effective July 1, 2022 and stability in
the tonnage of materials needing to be processed. The low estimate for th e SMaRT Station
(estimated at $4,559,000) is $192,000 more than the estimated GWR’s costs, and the high
estimate for SMaRT Station (estimated at $4,869,000) is $502,000 more than GWR’s costs. This
information is summarized in Table 5.
Table 5: Comparison of Estimated Twelve Month (or FY 2023) Annual Costs
for GWR vs. SMaRT Station
Materials GWR Estimate SMaRT Station
Low Estimate
SMaRT Station
High Estimate
Solid Waste Processing and Disposal $3,777,000 $3,529,000 $3,777,000
Solid Waste Transfer and Disposal $484,000 $859,000 $920,000
Yard Trimmings Processing $106,000 $171,000 $170,000
Estimated 12-month (FY 2023) Total Costs $4,367,000 $4,559,000 $4,869,000
Compared to GWR costs +$192,000 +$502,000
Over the term of the GWR contract through June 30, 2030, it is estimated that GWR costs will
total to $40.94 million (assuming a 3 percent annual CPI adjustment to the per ton rates and no
changes in annual tonnages). Over that same term (and assuming static tonnages) it is
estimated that costs with the SMaRT Station would be $45.5 million on the low end to $48.6
million on the high end. The SMaRT Station estimate includes an annual 3 percent CPI
adjustment for most years but also includes conservatively higher projected annual increases of
6 percent for the fiscal years 2024 through 2026, during which time it is anticipated that
operating costs will increase because of implementing the aforementioned capital and
City of Palo Alto Page 11
operational improvements. As a result, the low estimate for the SMaRT Station is projected to
be $4.6 million more than GWR over the 8.5-year term. On the high end, the SMaRT Station
alternative is estimated to cost $7.69 million, significantly more than GWR. Table 6 compares
the estimated costs over the term length of the proposed GWR contract and the SMaRT Station
estimates.
Table 6: Comparison of Costs for GWR vs. SMaRT Station Estimates Over Term Length
GWR Estimate SMaRT Station
Low Estimate
SMaRT Station
High Estimate
Total Cost Over Term (8.5 years) $40,942,000 $45,541,000 $48,629,000
Difference in costs compared to GWR +$4,599,000 +$7,687,000
Percent difference compared to GWR +11.2% + 18.8%
Estimated Average Annual Costs $4,817,000 $5,658,000 $5,721,000
Other Factors Considered
The analysis also compared GWR to the SMaRT Station with consideration to other factors,
including but not limited to:
• Processing, recovery, and disposal capacity;
• Quality of recovered materials;
• Quality of service;
• Flexibility and risks related to cost and diversion; and
• Reporting and City-specific auditing.
In general, analysis of these factors did not result in major differences between the contract
with GWR and the SMaRT Station. Both alternatives can provide a guarantee of processing,
recovery, and disposal capacity for the length of the term; however, GWR was amenable to a
shorter-term length to fit the City’s needs whereas the SMaRT Station required a longer -term
commitment of 15 to 20 years and a similar partnership arrangement to the past MOU. No
meaningful differences were found in the quality of recovered materials or the quality of
service offered, with both alternatives being subject to the same general recycling market
conditions, regulatory requirements, and overall financial risks, with no meaningful or
discernable difference between the two.
Leaving the SMaRT Station Partnership
Ending the longstanding MOU and partnership with the cities of Sunnyvale and Mountain View
will not disrupt the solid waste services for the Palo Alto community; however, discontinui ng
the MOU with the SMaRT Station will be a change that will affect Palo Alto’s use of some
amenities offered at the SMaRT Station, including those listed in Table 7 below. Staff has found
alternatives to these services with some being offered within the City, including Palo Alto
having its own compost giveaway station at the Eleanor Pardee Park Community Garden. Staff
City of Palo Alto Page 12
is planning outreach to the community on the change of moving away from the SMaRT Station
and the options of other available amenities.
Table 7: SMaRT Station Amenities and Alternative Locations
SMaRT Station
Amenities
Alternative Locations
Public haul of solid
waste
1. Shoreway Environmental Center (San Carlos), 11 miles from Palo
Alto, about the same distance as SMaRT Station (10 miles)
2. Newby Island Landfill (Milpitas), 16.8 miles from Palo Alto
Public drop-off of
Construction and
Demolition (C&D)
Zanker Material Processing Facility (San Jose), 15 miles from Palo
Alto; 10% discount available to PA residents
Recycling drop-off 1. Curbside collection accepts most materials
2. Stanford Recycling Center (Stanford)
3. Mountain View Recycling Center (Mountain View)
Compost pick-up Eleanor Pardee Park Community Garden is the new Compost
Giveaway station in Palo Alto
CRV redemption 1. SMaRT Station (Sunnyvale)
2. Mountain View Recycling Center (Mountain View)
3. Danny Recycling Center (Santa Clara)
4. San Jose Metals (San Jose)
5. Schnitzer Steel Industries (San Jose)
6. J&D Recycling (San Mateo)
Paper shredding
events
1. Available from local businesses
2. Optional service available through GWR
Timeline
Upon Council approval, the term of the MOU between the cities of Palo Alto, Mountain View,
and Sunnyvale for processing solid waste at the SMaRT Station will extend from October 15,
2021 to December 31, 2021; the contract with GWR will begin on January 1, 2022, when solid
waste collected in Palo Alto will be delivered to the GWR MRF for processing instead of the
SMaRT Station.
Resource Impact
Prior to Fiscal Year 2020, the Refuse Fund had been realizing more revenue than expenses. Due
to the impact of Covid-19, commercial revenues and revenues from construction materials
collection decreased in Fiscal Year 2020 and revenues realized were less than expenses
City of Palo Alto Page 13
incurred. Though this impact continues in Fiscal Year 2021 and is estimated to continue in Fiscal
Year 2022, the Refuse Fund’s Rate Stabilization Reserve (RSR) balance remains positive and
within the recommended range of 10 to 20 percent of annual sales revenue. As a result, staff is
not proposing refuse rate increases for Fiscal Year 2022 (even with the new GWR contract) and
estimates a potential rate increase to occur in Fiscal Year 2023 at the earliest. An annual
analysis of revenues and reserve will be completed each year to ensure revenues will continue
to cover expenses. Funding of the contract for Fiscal Year 2022 and beyond is subject to Council
approval of the annual appropriation of funds through the budget process. Sufficient funding
has been assumed as part of the FY 2022 Proposed Budget for this contract, subj ect to Council
approval of the FY 2022 Budget. Table 8 below shows the GWR estimated annual processing
costs based on tonnages by applying an estimated 3 percent annual increase on the per ton
rate, excluding other costs to the contract such as the optiona l services.
Table 8: GWR Solid Waste Processing Contract Estimated Costs Beginning January 2022
Service Description FY 2022* FY 2023 FY 2024
Solid Waste Processing and Disposal $1,827,000 $3,777,000 $3,890,000
Solid Waste Transfer and Direct Disposal $240,000 $484,000 $499,000
Yard Trimmings Processing $38,000 $106,000 $109,000
Estimated Annual Costs: $2,105,000 $4,367,000 $4,498,000
*The services will begin in January 2022, therefore the estimated expenses shown for FY 2022
only account for 6 months.
Policy Implications
The City adopted sustainability and Zero Waste goals in the Sustainability and Climate Action
Plan framework in 2016. The proposed contract would facilitate implementation of this Plan
and the 2018 Zero Waste Plan, which are to increase diversion, minimize landfilling of
materials, and reduce greenhouse gases emission. The contract is also consistent with the Palo
Alto Comprehensive Plan Policy S-3.8.
Stakeholder Engagement
This contract for upgrading solid waste processing did not require its own comm unity
engagement process because the services covered by the contract were covered by the
community engagement process implemented as part of the 2018 Zero Waste Plan update.
Environmental Review
This contract was assessed in accordance with the authority and criteria contained in the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental
regulations of the City. Pursuant to Section 21092 and 21092.3 of the Public Resources Code
and CEQA Guidelines Section 15072, as amended to date, the City prepared an Initial Study for
the Palo Alto Solid Waste Processing Contract to evaluate the environmental impacts. The
City of Palo Alto Page 14
Initial Study concludes that the project would not have a significant negative effect on the
environment. Therefore, an Initial Study/Negative Declaration (IS/ND) was circulated on
February 5, 2021 for a twenty-day review period. One comment was received during the
circulation period. The final IS/ND is provided for Council’s review and adoption.
The IS/ND assessed this new service contract to address environmental impacts due to the
changes in location where solid waste collected in the City is processed as well as the final
landfill location for any residuals. The analysis indicates that the combined daily vehicle miles
traveled (VMT) for all truck trips taking municipal solid waste from the City to the new resource
recovery facility and then the new landfill will increase from 508.4 to 580.9, which is a net
increase of 72.5 daily VMT or 18,850 annually. Since this contract is not a typical land
development project or a transportation project, a project-specific VMT threshold was
developed and the City and its consultants determined that it would be less than significant if it
generates less than 836 daily VMT. This threshold is derived from the VMT screening threshold
for Small Developments/Projects as identified in the Fehr & Peers white paper
“SB 743 Implementation Decision for Palo Alto” adopted by Council by Resolution on June 15,
2020 (ID # 11256) to implement SB 743. Greenhouse gases (GHG) impacts related to daily
operations also were assessed, using medium heavy-duty diesel trucks in the air quality and
GHG model. The expected increase in operational emissions from the annual addition of 18,850
VMT is 25.07 MT CO2e/Year, which is well under the threshold of significance (1,100 MT
CO2e/Year). In addition, the project will increase the City’s diversion rate for materials placed in
the black solid waste containers from 29.68 percent to 70.45 percent and result in an additional
estimated 7,868 tons per year of diversion leading to less materials being landfilled and a
reduction in GHG emissions.
Attachments:
•Attachment A: Resolution for Authorization and CEQA ND
•Attachment B: Amendment to MOU#2 between Sunnyvale Mtn. View and Palo Alto
Not Yet Adopted
1
Resolution No. _________
Resolution of the City Council of the City of Palo Alto Adopting the Negative Declaration and
Approving the Agreement for Solid Waste Processing and Disposal Services between the City of Palo
Alto and Greenwaste Recovery, Inc.
R E C I T A L S
WHEREAS, due to the impending expiration of existing agreements, on August 3, 2020, the
City of Palo Alto (“City”) issued a Request for Proposals seeking proposals from qualified companies
to provide Solid Waste Processing and Disposal Services (the Solid Waste Processing Agreement),
with the intent for new garbage processing and disposal services to begin January 1, 2022; and
WHEREAS, the City has evaluated all proposals submitted and has determined that
Greenwaste Recovery, Inc. has proposed to provide the required processing and disposal services in
a manner and on terms that are in the best interests of the City, taking into account (a) its
qualifications and experience, (b) its available solid waste and composting processing capacity, (c)
its innovative processing Services (d) and overall cost-effectiveness of providing such services; and
WHEREAS, the City prepared an Initial Study and Negative Declaration of environmental
impacts for the Solid Waste Processing Agreement (the “Project”), in accordance with the
requirements of the California Environmental Quality Act of 1970, together with state and local
guidelines implementing the Act, all as amended to date (collectively “CEQA”); and
WHEREAS, the Initial Study/Negative Declaration evaluated potential environmental
impacts associated with the Project that would change where the residential and commercial solid
waste collected within the City is processed as well as the final landfill location for any residuals to
increase the City’s diversion rate for materials placed in the black solid waste containers; and
WHEREAS, public notice was provided and the draft Initial Study and Negative Declaration
were made available for public review and comment from February 5, 2021 through February 25,
2021. The City considered the comments received during the public review period and prepared a
final Initial Study and Negative Declaration; and
WHEREAS, the documents and materials that constitute the record of proceedings upon
which the City Council’s decision is based are on file in the Department of Public Works, located at
250 Hamilton Avenue, 6th Floor, Palo Alto, CA 94301, and are available for inspection by any
interested person at that location; and
WHEREAS, on ________________, 2021, the City Council considered the Initial Study and
Negative Declaration, and any comments and testimony offered by all persons wishing to comment
at a regularly noticed public meeting.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PALO ALTO HEREBY RESOLVES:
SECTION 1. THE CITY COUNCIL does hereby make the following findings: (1) it has
independently reviewed and analyzed the Initial Study and Negative Declaration and other
Attachment A
Not Yet Adopted
2
information in the record and has considered the information contained therein, prior to acting
upon or approving the Project, (2) the Initial Study and Negative Declaration prepared for the
Project has been completed in compliance with CEQA and is consistent with state and local
guidelines implementing CEQA, and (3) the Initial Study and Negative Declaration represents the
independent judgment and analysis of the City of Palo Alto, as lead agency for the Project. The City
Council designates the Director of Public Works, at 250 Hamilton Avenue, 6 th Floor, Palo Alto, CA
94301, as the custodian of documents and records of proceedings on which this decision is based.
SECTION 2. THE CITY COUNCIL does hereby find that based upon the entire record of
proceedings before it and all information received that there is no substantial evidence that the
Project will or could have a significant effect on the environment and does hereby adopt the
Negative Declaration. The Department of Public Works shall file a Notice of Determination with the
County Clerk pursuant to CEQA guidelines.
SECTION 3. THE CITY COUNCIL does hereby approve the Agreement for Solid Waste
Processing and Disposal Services between the City of Palo Alto and Greenwaste Recovery, Inc., and
authorizes the City Manager to execute the Agreement and all implementing documents related
thereto.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
Beth Minor, City Clerk Tom DuBois, Mayor
APPROVED AS TO FORM:
___________________________ _____________________________
(Name, Title - City Attorney Office) Ed Shikada, City Manager
Attachment A
Not Yet Adopted
3
_____________________________
Jonathan Lait, Director of Planning and
Development Services
_____________________________
Brad Eggleston, Director of Public Works
Attachment A
Page 1 of 3
AMENDMENT TO THE SECOND MEMORANDUM OF UNDERSTANDING
AMONG THE CITIES OF
MOUNTAIN VIEW, PALO ALTO AND SUNNYVALE
RELATING TO THE CONSTRUCTION AND OPERATION OF A
MATERIALS RECOVERY AND TRANSFER STATION AND ·
THE LONG TERM DISPOSAL OF MUNICIPAL SOLID WASTE
AT KIRBY CANYON
This Amendment to the Second Memorandum of Understanding Among the Cities of
Mountain View, Palo Alto and Sunnyvale Relating to the Construction and Operation of a Materials
Recovery and Transfer Station and the Long Term Disposal of Municipal Solid Waste at Kirby
Canyon (this “Amendment”), is entered into as of _______________, 2021, by and among the City
of Mountain View, the City of Palo Alto, and the City of Sunnyvale (collectively “Cities”).
R E C I T A L S
A.WHEREAS, the Cities entered into that certain agreement entitled “Memorandum of
Understanding Among the Cities of Mountain View, Palo Alto and Sunnyvale Relating to the
Construction and Operation of a Materials Recovery and Transfer Station and the Long Term
Disposal of Municipal Solid Waste at Kirby Canyon,” dated September 30, 1991 (the “First MOU”);
and
B.WHEREAS, the Cities subsequently entered into that certain agreement entitled
“Second Memorandum of Understanding Among the Cities of Mountain View, Palo Alto and
Sunnyvale Relating to the Construction and Operation of a Materials Recovery and Transfer Station
and the Long Term Disposal of Municipal Solid Waste at Kirby Canyon,” dated May 4, 1992 (the
“Second MOU”), which superseded the First MOU; and
C.WHEREAS, the Cities now wish to amend the Second MOU in order to extend its
term through December 31, 2021;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Cities agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a.Capitalized Terms. Capitalized terms used and not defined in this
Amendment shall have the meanings assigned to such terms in the
Second MOU.
SECTION 2. Section V.6 of the Second MOU currently reads as follows:
“6. The term of this Second MOU is 30 years from the
effective date of the first MOU (i.e., October 15, 1991). The
Second MOU will terminate prior to October 15, 2021, if all three
Attachment B
Page 2 of 3
Cities have exhausted their Allocation Quantities prior thereto.
After 25 years or after 6,700,000 Tons of the Cities' Allocation
Quantity has been utilized, whichever occurs first, the three
cities will meet to discuss all issues relevant to the possible
extension of the Term by one or more Cities under Section 1.03 of
the contracts with Waste Management. These meetings will
continue for a period of six (6) months so as to permit the
greatest degree of coordination and cooperation in the
extensions. Sunnyvale is not required to operate the SMaRT
Station beyond October 15, 2021, even if one or both of the other
Cities wishes to extend the Term of its or their contracts with
Waste Management, unless Sunnyvale elects to extend the Term of
its contract with Waste Management and then only for so long as
it extends the Term of its contract, unless other arrangements
satisfactory to Sunnyvale are made.”
Such section is hereby amended in its entirety to read as follows:
“6. The term of this Second MOU is 30 years and
approximately 10 weeks from the effective date of the first MOU
(i.e., October 15, 1991), expiring on December 31, 2021. The
Second MOU will terminate prior to December 31, 2021, if all three
Cities have exhausted their Allocation Quantities prior thereto.
After 25 years or after 6,700,000 Tons of the Cities' Allocation
Quantity has been utilized, whichever occurs first, the three
cities will meet to discuss all issues relevant to the possible
extension of the Term by one or more Cities under Section 1.03 of
the contracts with Waste Management. These meetings will
continue for a period of six (6) months so as to permit the
greatest degree of coordination and cooperation in the
extensions. Sunnyvale is not required to operate the SMaRT
Station beyond December 31, 2021, even if one or both of the other
Cities wishes to extend the Term of its or their contracts with
Waste Management, unless Sunnyvale elects to extend the Term of
its contract with Waste Management and then only for so long as
it extends the Term of its contract, unless other arrangements
satisfactory to Sunnyvale are made.”
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of the
Second MOU, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. 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.)
Attachment B
Page 3 of 3
SIGNATURES OF THE CITIES
IN WITNESS WHEREOF, the Cities have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF MOUNTAIN VIEW
By:____________________________
City Manager
Approved as to form:
_______________________________
Assistant City Attorney
Date:_______________, 2021
CITY OF PALO ALTO
By:____________________________
City Manager
Approved as to form:
_______________________________
City Attorney
Date:_______________, 2021
CITY OF SUNNYVALE
By:____________________________
City Manager
Approved as to form:
_______________________________
City Attorney
Date:_______________, 2021
Attachment B
1 of 3
TO: HONORABLE CITY COUNCIL
FROM: ED SHIKADA, CITY MANAGER
DATE: MAY 24, 2021 CITY COUNCIL MEETING
SUBJECT: AGENDA ITEM NUMBER 7- Approval of Contract Number C21174926 With
GreenWaste Recovery, Inc. for Solid Waste Processing and Disposal Services
With an 8.5 Year Term and an Estimated Average Annual Amount of $4.82
million; Adoption of Negative Declaration for Palo Alto Solid Waste Processing
Contract as Adequate and Complete Under the California Environmental Quality
Act (CEQA); and Approval of an Amendment to the Second Memorandum of
Understanding With the Cities of Sunnyvale and Mountain View Regarding the
Sunnyvale Materials Recovery and Transfer Station.
This memo is to address the emails received by Council from commenters on agenda item # 7
regarding a new contract with GreenWaste Recovery, Inc. to process Palo Alto’s solid waste.
The commenters’ concern is that some of the material to be recycled will be sent overseas and
it is not known how it will be processed or ultimately disposed of. The City has required
GreenWaste of Palo Alto (under the existing collection contract) to report on the disposition of
recyclables. These reports have not been not been sent on to Council because they have not
answered key questions. For your reference, the reports from GreenWaste of Palo alto can be
found in the following links:
Fiscal Year 2019 – Initial Review of Certificate of End Use & Traceability Data, 2019
Fiscal Year 2020 – Initial Review of Certificate of End Use & Traceability Data, 2020
Few cities have spent the time and energy that Palo Alto and its key contractor (GreenWaste)
have, trying to ensure that overseas sub-vendors are handling material in an environmentally
and socially responsible manner. However, good information on the overseas markets is just
not available at this time. The City and GreenWaste will continue to work on this problem. As of
now, staff believes that GreenWaste is doing better than most vendors at finding domestic
markets and avoiding the uncertainties in overseas markets. Domestic markets vary week to
week and are currently available for metals, glass, clean plastic film, plastic water bottles,
plastic milk jugs, and other specialty materials. More detail is found in the table below on the
materials processed in Fiscal Year 2020 and their markets.
7
DocuSign Envelope ID: 676B7521-49B8-4380-BD58-BCBC791D0212
2 of 3
Materials Recovered from Solid Waste & Single Stream Recyclables
GreenWaste Material Recovery Facility
Product Specifications Domestic Export FY 2020
Actual Tonnage Percentage
Aluminum Cans 100% Domestic 0% Export
1,395 1.4%
Aluminum Foil/Scrap 100% Domestic 0% Export
326 0.3%
Ferrous/Tin 100% Domestic 0% Export
3,157 3.2%
Glass, Commingled 100% Domestic 0% Export
36,420 36.7%
Plastic, HDPE ~75% Domestic ~25% Export
5,517 5.6%
Plastic, PET ~90% Domestic ~10% Export
4,136 4.2%
Rigid Plastic ~10% Domestic ~90% Export
2,064 2.1%
Film Plastics ~5% Domestic ~95% Export
203 0.2%
Mixed Paper & Cardboard ~5% Domestic ~95% Export
36,864 37.2%
Scrap Metal 100% Domestic 0% Export
8,986
9.1%
(all grades) 0.0%
E-Waste 100% Domestic 0% Export
137 0.1%
% Baseline 40% 60% 99,205 100.0%
Palo Alto's share of the
recyclable materials: 16,485 17%
DocuSign Envelope ID: 676B7521-49B8-4380-BD58-BCBC791D0212
3 of 3
Staff commends GreenWaste for these efforts, while continuing to push for domestic markets.
In the interim, some commenters have suggested landfilling materials rather than send them
overseas. Staff does not agree. Landfilling uses up valuable land, wastes resources, and
generates methane gas, a potent greenhouse gas. Finding domestic markets for these materials
is a longer term issue that staff will continue to prioritize.
_______________________ _______________________
Brad Eggleston Ed Shikada
Director of Public Works City Manager
DocuSign Envelope ID: 676B7521-49B8-4380-BD58-BCBC791D0212
City of Palo Alto (ID # 12117)
City Council Staff Report
Report Type: Action Items Meeting Date: 5/24/2021
City of Palo Alto Page 1
Summary Title: Fiber Network Expansion Project
Title: Review of the Fiber Network Expansion Plan and Fiber -to-the-Home
(FTTH) Business Case, Provide Feedback on FTTH Business Model, and
Direction That Includes Building Community Awareness, Engagement and
Survey, and Funding Options
From: City Manager
Lead Department: Utilities
Recommendation
Staff and the Utilities Advisory Commission (UAC) recommend that the City Council approve
and direct staff to pursue build out of the City fiber backbone in a manner designed to support
citywide Fiber-to-the-Home (FTTH), including approve the near-term 12-month workplan
outlined in the report and establish a City-operated Internet Service Provider (ISP) model to
offer FTTH service within five years.
Executive Summary
On October 5, 2020, the City amended the contract with Magellan Advisors to accelerate the
Fiber-to-the-Home (FTTH) business plan as part of the City ‘s Community and Economic
Recovery workplan. As a result of the pandemic, the importance of affordable, fas t, and reliable
broadband service at homes and businesses became more apparent for telework, remote
learning, telemedicine, and E-commerce. Magellan has completed the high-level design of the
FTTH network and a broadband market assessment by small neighborhoods. Magellan has also
developed cost and revenue models and different deployment scenarios ranging in costs from
$22 - $28 million for the fiber backbone expansion and an additional $86 - $98 million for FTTH,
depending on whether there is a public-private partnership and on the number of premises
passed during the initial deployment.
Approval of the staff and UAC recommendations would result in direction to staff to:
1. Perform the following tasks by March 31, 2022:
a) Combine Phases 2 and 4 of the Magellan contract (C20176363) to provide
detailed engineering design of the City’s fiber backbone and FTTH distribution
network;
CITY OF
PALO
ALTO
City of Palo Alto Page 2
b) Complete a detailed City-operated ISP model, to include a combination of
insource and outsource functions;
c) Complete a residential and commercial broadband survey;
d) Complete a risk and mitigation analysis of City-operated ISP model; and
e) Determine the best financing model, including availability of federal and state
funding options.
2. Establish a City-operated Internet Service Provider (ISP) model to offer FTTH service
within five years, and
Per Council prior direction as part of the Community and Economic Recovery work plan, staff
will prioritize and accelerate community education and engagement regarding FTTH.
Staff and Magellan presented the FTTH business case to the Utilities Advisory Commission
(UAC) on April 21, 2021 (Staff Report #12118). The UAC discussion focused on the City ISP
versus Partner ISP business models, community education and engagement, risks, costs, and
financing options. The UAC voted unanimously (7-0); as shown in the draft minutes, to
recommend building out the fiber backbone and establishing a City-operated ISP.
The UAC discussion focused on:
1. Build out fiber backbone to support citywide FTTH: The fiber backbone will support the
Advanced Metering Infrastructure (AMI), Supervisory Control and Data Acquisition
(SCADA), and wireless communication for City field staff and other City services (i.e.
public safety, transportation, parking, and parks). It will also provide the foundation to
support FTTH and will reduce the overall FTTH construction cost.
2. Establish City-operated ISP model providing FTTH service within five years: Given the
low capital cost differential of $5.5 million between City ISP ($86.0M) compared to
Partner ISP ($80.5m) and potential revenue upside of $23.5M in 20 years of City ISP
($38.7M) compared to Partner ISP ($15.2M), staff agrees that effort should be directed
solely towards the City ISP model. In addition, under the City ISP model, the City will
have control of pricing and internet service offerings. The City ISP model is
recommended to consist of both insource (i.e. customer service, billing, engineering,
sales) and outsource functions (i.e. installation, field service, maintenance).
3. Accelerate and complete community education and engagement: The UAC and staff
recommend enhanced community education and engagement prior to the residential
and commercial broadband survey. One initiative of the City’s community and economic
recovery workplan is to pursue expanded community engagement for FTTH. The City
will partner with Magellan to develop a communication and education plan including
development of a web-based customer engagement platform, leveraging community
partners engaged on this effort, and offering other ways to engage and informing such
as online surveys will help the City assess options for expanding access to affordable
high-speed fiber-optic internet service throughout the community.
City of Palo Alto Page 3
4. Explore financing options: Evaluate various financing options to fund City-operated ISP
FTTH deployment and conduct risk and sensitivity analysis to validate financial
sustainability of City ISP FTTH model.
Background
Since the early 2000s, the City has evaluated various business plans, construction cost
estimates and operational models (including public-private partnerships) to expand the City’s
dark fiber network for citywide FTTH. Due to numerous factors, the City has been unable to
move forward with implementation of citywide FTTH; nevertheless, given the essential need for
broadband service and the escalating interest in deploying symmetrical gigabit-speed fiber
networks across the country, the City believes there may be renewed opportunities to build an
all-fiber network in Palo Alto capable of serving both commercial and residential customers.
In 2001, the City Council approved a Fiber-to-the-Home (“FTTH”) trial to determine the
feasibility of providing citywide FTTH access in Palo Alto. The FTTH trial passed 230 homes and
included 66 participants in the Community Center neighborhood. The purpose of the trial was
to test the concept of fiber-to-the-home. The FTTH trial proved technical feasibility, but when
initial investment and overhead expenditures were included in the calculation to create a
business case, it was not profitable for the City and the trial was ended.
In 2006, the City issued a Request for Proposal (RFP) and negotiated with a consortium of
private firms to build FTTH under a public-private partnership model. In 2009, Staff
recommended that Council terminate the RFP process and negotiations due to the lack of
financial resources of the private firms.
In 2013, the City Council decided that an important next step in advancing FTTH in Palo Alto
was to develop a Fiber-to-the-Premises Master Plan and Wireless Network Plan, which
recommended network designs in an engineering study with cost models and business models
to deploy fiber and/or wireless networks. The Council initiative was titled “Technology and the
Connected City.” These plans were intended to establish a roadm ap for either a third-party
telecommunications service provider or the City itself building a citywide FTTH network and/or
wireless network. The City Council also directed the City Manager to appoint a Fiber and
Wireless Citizen Advisory Committee (CAC) to work with City staff on the Technology and the
Connected City initiative. The Committee provided feedback regarding the development of
fiber and wireless expansion plans.
In September 2015, staff presented a Fiber-to-the-Premises Master Plan and Wireless Network
Plan to the City Council (Staff Report #6104). Staff and consultant recommended that the City
should not directly pursue provision of retail services through FTTH. In stead, the
recommendation was to issue a request for information to explore a public -private partnership
structure. Under the partnership model, the City would build, own, and maintain the fiber
infrastructure and engage with a private Internet Service Provider(s) to manage FTTH
City of Palo Alto Page 4
enterprise’s operations and provide retail sales. Once again, staff recommended that Council
terminate the RFP process due to the lack of financial resources of the private firms.
In August 2017, staff presented options to the Ci ty Council to pursue a conceptual plan for a
municipal Fiber-to the- Node (FTTN) Network for fiber and broadband expansion (Staff Report
#7616). Staff issued the FTTN RFP in June 2018 but did not award a contract because there
were no viable responses.
In September 2019, staff reissued a new RFP for fiber network expansion aligning fiber with
other City projects. The fundamental design principle was to fully leverage expansion of the
fiber network to support a communications platform for Advanced Metering Infrastructure
(AMI), Supervisory Control and Data Acquisition (SCADA) system, and wireless communication
for City Operations. This proposed approach would also become a springboard for FTTH
because the City will be adding new telecommunication infrastructure which may reduce the
incremental cost to extend fiber to the home.
The scope of work for the RFP was broken out into 4 phases as follows:
• Phase 1 - High-Level Design and Cost Estimate for AMI, SCADA, and Wireless
Communications for City Field Staff and Other City Services
• Phase 2 - Detailed Engineering Design and Cost Estimate for AMI, SCADA, and Wireless
Communications for City Field Staff and Other City Services
• Phase 3 - Business Case and High-Level Design for Fiber-to-the-Premises
• Phase 4 - Detailed Engineering Design and Cost Estimate for Fiber-to-the-Premises
Discussion
For the citywide high-level fiber backbone design, Magellan sought input from internal
departments including Utilities, Public Works, Office of Emergency Services, Transportation,
Information Technology and Community Services. The new citywide fiber backbone will
connect and dedicate fibers to each department under a new high -capacity 432-strand fiber
network. There are also fibers dedicated to commercial dark fiber and potential FTTH. The
backbone is routed through neighborhoods and business districts to reduce FTTH costs. In
addition, Utilities requested cost information for creating a new an d separate 144-strand fiber
backbone network to support electric substations, AMI, and SCADA for reliability, redundancy,
and security reasons. The estimated cost of the two fiber backbone networks is between $22
million and $28 million depending on construction method, including the number and size of
the fiber conduit. Pole replacement fees were not included in the estimate because pole
loading analysis is not scheduled until phases two and four of the project. Expansion of the
fiber backbone will provide the following anticipated benefits:
1. Electric utility modernization for AMI collectors and SCADA switches;
2. Smart City infrastructure supporting Emergency Preparedness, Public Safety,
Transportation, Parks, and Parking;
3. Commercial dark fiber leasing; and
4. FTTH Broadband.
City of Palo Alto Page 5
Business Case
The high-level question asked in the business case is: what will it take to make this business
sustainable? Financially, the goal of Magellan’s business case models is to determine at what
point a business breaks even or becomes profitable. The “take rate” is a measure of how many
subscriptions have to be sold and at what price. Obtaining viable market share and acquiring
new customers is necessary to sustain a City FTTH offering. Maintaining the viability of the
existing dark fiber offering is important to CPAU to avoid erosion of the customer base and
existing revenues (approximately $2 million in net revenues per year).
Magellan established the FTTH business case goals by asking key questions such as: what are
the minimum sustainable take rates for success citywide? What is the effect of market
dynamics? What is the optimal fiber route and construction method to reduce cost of
deployment? What is the ongoing impact of competition?
The first step in deploying fiber citywide is the Phase 1 project deliverable to identify costs and
create a high-level design for a fiber backbone to support electric substations, AMI, SCADA, and
wireless communications in the field. The citywide fiber backbone would be constructed to
allow for the addition of FTTH deployment at a future date, depending on Council approval of
subsequent phases of the project. Magellan provided a high-level analysis of the construction
methods and costs for the citywide fiber backbone as follows:
• Total fiber backbone project
▪ 65% underground construction
▪ 35% aerial construction
▪ 44 miles of total fiber construction throughout City
▪ 432-count loose-tube fiber cable for City departments, fiber enterprise and
broadband expansion
▪ 144-count loose-tube fiber cable for electric, to support reliability,
redundancy and future grid modernization growth
▪ Construction sequencing to be determined in detailed engineering design
(phases 2 and 4)
• Underground Construction
▪ Directional drilling for the vast majority of the project
▪ 24” to 36” depth unless Palo Alto has a greater depth requirement
▪ 12” separation from other utilities unless Palo Alto has a greater separation
requirement
▪ Soft and hard surface restoration, erosion control per City standards
▪ Detailed engineering design (phases 2 and 4) will codify all City requirements
• Aerial Construction
▪ Strand and lash or installation of fiber in aerial duct
City of Palo Alto Page 6
• Pros
▪ Aerial duct may protect fiber better from squirrels or other
environmental damage
• Cons
▪ More difficult to cut into for access along fiber routes
▪ May raise future costs of expanding the network due to
additional labor required to cut the aerial duct for new access
points
▪ More visible on pole lines as it is thicker than strand and lash
(One inch compared to two inches)
• Major Construction Cost Drivers
▪ Total backbone construction between $22M - $28M depending on the
conduit size chosen (2” versus 4”)
▪ Recent labor and materials rates from several qualified construction
contractors with experience in the Bay Area
▪ Underground directional drill labor – average rates
• 2 2” Duct - $78.85/foot
• 3 2” Duct - $97.59/foot
• 1 4” Duct - $86.35/foot
• 2 4” Duct - $131.41/foot
▪ Underground labor accounts for 60%-70% of the total project
▪ Total labor accounts for 85% - 90% of the total project
▪ Final pole analysis and replacement costs need to be solidified to determine
any additional costs for aerial
The Business Case evaluation for a FTTH deployment reviewed two models available to the City
when considering a potential citywide fiber deployment: (1) City Intern et Services Provider (ISP)
and (2) Partner ISP. Magellan has identified specific advantages and disadvantages for each
model as follows:
1. City ISP
Advantages
• City has total control over how internet services are provided to the community
• Control over pricing to residents and business
• Ownership of network affords the City a long-term asset to use for other applications
• City has access to low cost of capital
Disadvantages
• High execution risk and a steep learning curve
• City culture not accustomed to operating in a competitive environment
City of Palo Alto Page 7
• Potentially higher operational cost structure
• Bond rating uncertainty since it’s a significant amount to finance for the FTTH. A low
rating will increase the financing costs
2. Partner ISP
Advantages
• City does not have to provide internet service
• No competitive, operational, or regulatory risk
• Ownership of network affords the City a long-term asset to use for other applications
• City has access to low cost of capital
Disadvantages
• City is responsible for most of the capital investment
• City has little control over actual services, yet provides most of the investment
• Relatively new model without track record
• Bond rating uncertainty since it’s a significant amount to finance for the FTTH. A low
rating will increase the financing costs
The financial models for a FTTH deployment were developed with consideration for two
different models, City ISP and Partner ISP. The Partner ISP is a model where the City would
enter into an agreement with an ISP to provide Internet services to residen ts.
Each model was developed to identify the overall costs, revenue projections, cost projections,
debt requirements, renewal and replacement requirements, and a financial analysis
determining both cash surplus and break even (in years). Also, Magellan developed a cash
balance sensitivity analysis for each model based on varying take rate percentages,
construction costs, and operating margins. Multiple construction contractors were contacted
for construction bids and an average of these bids was calculated resulting in the following
detail and summary table:
City of Palo Alto Page 8
Key findings for both the City ISP and Partner ISP model were identified and listed by Magellan:
▪ Both models work under different circumstances
▪ Full buildout to 100% of homes in the City
▪ Reuse of existing fiber and deployment of new fiber backbone to serve business
customers
▪ Companion capital projects, abandoned gas, undergrounding provides some
value to reduce overall costs over time, but only incremental and not significant
▪ 100% citywide buildout is more achievable under a City ISP model than a Partner
ISP model, assuming:
• 30-year debt financing at a 3% interest rate
• Utilization of the $30M fiber fund for backbone and working capital
▪ Network deployment over 5 years
▪ Retail rates similar to current market rates
• 30% - 35% take rates (residential and business subscribers)
• Ongoing O&M costs achieve a 55% operating margin
• $90M - $100M in funding required
▪ Partner ISP model is also achievable under the following assumptions:
• 30-year debt financing at a 3% interest rate
• Utilization of the $30M fiber fund for backbone and working capital
▪ Network deployment over 5 years
▪ Wholesale rates to partner at $30 - $45 per subscriber
• 35% - 50% take rates (residential and business subscribers)
• $80M - $90M in funding required
▪ Financial commitments are similar between the two models
City of Palo Alto Page 9
▪ City ISP model is more financially sustainable than Partner ISP model but may
come with higher operating and execution risks to the City, which may result in
more downside financial risk than the partner model.
▪ However, Partner ISP model requires the City to provide nearly the same amount
of capital yet relinquish control over how the network is deployed and operated
Although both models would deploy fiber to the entire City, an incremental app roach to
deployment could allow the City to first target the areas with higher potential take rates to help
minimize the amount of funding needed at the beginning of the project. The revenue realized
from the initial deployment could then be reinvested each year to build out more of the fiber
network in subsequent areas on an incremental basis. This model would eventually cover 100%
of the City.
The following map illustrates the take rates that would be needed in each area to achieve break
even based on Magellan’s analysis. The green areas of the map would provide service to 14,159
households and 1,118 businesses while requiring a less than 30% average take rate. The blue
areas would provide service to 10,105 households and 1,685 businesses but require a take rate
between 30% and 50% on average. The yellow areas would deploy service to the remaining
3,695 households and 713 businesses in the City but would require an average take rate of over
50% to break even. The brown areas of the map are mostly busines ses that are currently being
served by the existing dark fiber network (purple lines). Additional fiber would be deployed in
these areas on a customer demand basis.
City of Palo Alto Page 10
When considering the City ISP, the outsourcing or contracting of specific functions s hould be
considered. Some broadband functions are core competencies and can be easily managed by
the City, while other functions are new and can be outsourced where the City doesn’t have the
expertise in-house. Subsequently, outsourced functions have the potential to slowly be brought
in-house through hiring and as City staff becomes more comfortable with the day -to-day
operations of the fiber network.
Many cities that have undertaken a FTTH network deployment have outsourced procurement
activities, construction management, network inspections and monitoring, network turnup and
launch, sales and marketing activities, and customer support and installations.
Financing
Magellan and the City are exploring various financing options for FTTH. Options include
different combinations of the Fiber Fund reserves, ongoing commercial dark fiber revenues,
contributions from the Electric Fund and other City Departments for the backbone network
related to benefits received from the expanded fiber backbone, Electric Spec ial Project reserve
funding, bond financing, special assessment charge, and shared cost with other CIP projects.
City of Palo Alto Page 11
Market Assessment
To fully inform the FTTH business case, Magellan has undergone an extensive analysis of the
existing Palo Alto broadband market. The market is served by two major national providers:
Comcast and AT&T. Comcast reports 100% homes passed in Palo Alto using Cable based
broadband. “Homes Passed” refers to the carrier’s ability and proximity to serve homes and
businesses. This does not mean that these carriers have service to all of these homes and
businesses, but it does refer to their ability to do so in an expedient manner. AT&T reports up
to 28% FTTH availability within Palo Alto. Both AT&T and Comcast offer up to 1 Gigabytes
download speeds and up to 25% upload speeds. Other carriers offer DSL based and fixed
wireless service. Notably, AT&T claims 10,000 FTTH homes passed and 900 FTTB businesses.
These numbers refer to their ability to serve customers, not necessarily custome rs currently
served. AT&T market advantage is its use of true fiber to the home technology.
Comcast’s strong suit is its use of DOCSIS.1, a technology that allows them to serve customers
over conventional copper wire at fiber speed, but a reduced operational cost to the carrier.
By national standards, Palo Alto is well served by AT&T and Comcast and by a small group of
“boutique” providers such as Sonic.net. Pricing for a gigabit service is $95 for Comcast, $83 for
AT&T and the City working with a partner is projected at $75/mo. Given the density of carrier
services in Palo Alto, percentage of market share of “take rate” for a new entrant into Palo Alto
Broadband market may range from 30% to 50%.
City of Palo Alto Page 12
As with all business ventures, there is risk involved in all stages of development. The provision
of telecommunication services comes with a series of risks that may make or break the
business. The primary risks for the City arise from competing with a very aggressive private
sector industry that will fight to not lose a single customer. Private sector competition plus the
City’s ability to host and support a private sector offering are considered the greatest
vulnerabilities of City-provided internet services. Three strong incumbents that pose a threat to
a City-provided service include: AT&T (full city coverage), Comcast (full city coverage) and
various smaller “boutique” carriers. These carriers will defend their market share by
temporarily lowering their prices. The risks and liabilities to the City of being an Internet Service
Provider are high, plus the startup and ongoing cost are high as well, but the bulk of the
revenue would go the City. If the City engaged an outside firm to run the business, the City
would have to share the profits with that business partner.
Policies
The City requested Magellan to perform an analysis of multiple telecommunications-related
policies (Broadband Policy Report) to ascertain whether changes can be made that reduce
construction costs and implementation time associated with fiber network expansion for the
City of Palo Alto. Based on market research and input from staff, Magellan proposes the
following recommendations.
• A Dig Once policy supporting full coordination in compliance with current ordinance
provisions in Municipal Code Section 12.10.050 and 12.10.060 should be considered for
adoption by the City Manager. Staff should focus on reaching out individually to the
relatively few utilities that are not coordinating at present – the wireless companies and
infrastructure providers. When the City participates in a project to install conduit it
should pay reasonable incremental costs associated with placement of facilities for City
use. Magellan recommends that Palo Alto authorize funding approval of $250k annually
for future dig once shared excavation projects.
• For one touch make ready (OTMR), Magellan recommends that the City not act in
advance of the California Public Utilities Commission (CPUC) rulemaking determinations
for California, because it could expose the City to novel complaints and litigation
expense.
• Magellan recommends that Palo Alto track micro-trenching efforts in other cities, as this
construction methodology may have a further evolution. As broadband infrastructure
construction teams evaluate the pitfalls of micro -trenching, improvements are likely to
be implemented and may result in successful micro-trenching that could reduce
construction costs and implementation time in the future.
• For multi-dwelling unit (MDU) housing access, Magellan recommends that CPAU
implement a utility requirement that property developers include capacit y for additional
broadband providers to place additional fiber connections to serve residents of MDUs
for new developments.
City of Palo Alto Page 13
Next Steps
In order to proceed with a project of this magnitude, stakeholder buy -in and collaboration is
essential. The City needs to know who the various stakeholders are and what they expect from
the FTTH services that could be provided. The City’s primary stakeholders are the residents and
businesses. To understand these groups, Magellan will be designing a survey to collect e ssential
data. The survey will seek perspectives and include very specific and detailed questions such a
price sensitivity to service offerings. In synch with and beyond the broadband survey, the City
will provide educational outreach and launch a communit y engagement platform regarding
costs and benefits of the services offered.
Under phases two and four of the Magellan contract, Magellan will create a detailed
engineering design to support network construction for both the fiber backbone and FTTH. Low
level design will optimize initial routes and phases planned in the initial high-level design for
cost, constructability, and complexity. Magellan will provide detailed fielding and walk -out of all
routes to validate running lines, existing utilities, and constructability. Magellan will provide full
make-ready engineering to determine costs for make-ready and pole replacement where
required, as well as estimates on timeframes for these activities. The network design will call
out methods of construction, cable sizes, vault locations, splice details, existing infrastructure,
and slack locations. It will also identify all laterals, drops, and building entrances. For FTTP,
Magellan will include optimal hut locations for fiber distribution and will allocate specif ic fibers
for future broadband usage throughout the City. The design process will assess optimal
redundancy modes for both the City’s internal networks and FTTP networks to ensure high
redundancy is always planned for in the design.
Magellan will assist the City with exploring opportunities for public-private partnerships with
incumbent and/or new broadband providers and other local municipalities. Some of the key
questions that will be addressed include:
• How will joint investment in broadband infrastructure be accomplished between the
City and private sector organizations?
• What legal and operational structures should be considered by the City and private
sector organizations in using the City’s proposed infrastructure?
• How will the City balance private sector goals of revenue growth and profitability with
public goals of providing affordable and available broadband services across the City?
• How will future system expansion be handled between the City and private sector
providers, and what contributions will the parties make to this infrastructure?
• How will the City maintain neutrality and open interconnection policies with private
sector providers, promoting a competitive environment that benefits the City’s
broadband user base?
• How will an oversight and management board be structured, who will seat the board
and what powers and responsibilities will the board have to the project?
City of Palo Alto Page 14
Magellan will assist the City in monitoring and pursuing federal and/or state funding for
broadband infrastructure, including potential funding within the American Rescue Program Act
(ARPA). Potential grants could be used for broadband infrastructure deployment, affordable
broadband programs, distance learning, telehealth, digital inclusion efforts, and broadband
adoption activities.
Resource Impact
Funding for phases 2 and 4 of the detailed engineering design to support network construction
for both the fiber backbone and FTTH is approximately $2 million. $500,000 will be funded by
the Electric Fund and $1.5 million will be funded by the Fiber Fund. If Council approves of the
detailed engineering design, staff will return to Council with a contract amendment for
Magellan and a budget approval ordinance by June 21, 2021. In addition to the detailed
engineering design, Magellan will partner with the City to develop a FTTH community education
and engagement plan. Council approved $200,000 for FTTH community engagement as part of
the City’s community and economic recovery plan. After the detailed engineering desi gn is
completed, staff will return to Council in Q2 2022 with the refined cost estimate for the fiber
backbone and FTTH distribution network, a business plan identifying operational and
maintenance expenses for City-operated ISP, and different funding options for FTTH.
Environmental Review
Council approval of actions to design, model, assess risks, and develop cost estimates for the
proposed fiber network expansion project and City-operated fiber internet service are
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15306 (Information Collection) of the CEQA Guidelines because the services consist of data
collection, research, and evaluation as part of a study leading to an action that the City has not
yet approved or funded. The City will conduct an environmental assessment of subsequent
project phases, as needed, prior to implementation.
City of Palo Alto
COLLEAGUES MEMO
May 24, 2021 Page 1 of 5
(ID # 12094)
DATE: May 24, 2021
TO : City Council Members
FROM: Council Member Cormack, Council Member Stone
SUBJECT: COLLEAGUES' MEMO REQUESTING COUNCIL REFER A PROPOSED
PROGRAM ALLOWING NEIGHBORS TO DIRECTLY CONNECT WITH EACH OTHER
AND A POTENTIAL VOLUNTEER NETWORK FOR THE CITY TO THE POLICY AND
SERVICES COMMITTEE
Situation
Due to the pandemic, we have begun living more locally, seeing neighbors on the street and in
the hallways who used to be elsewhere during the day -- at work, school, appointments, or
activities. Many of us walk in our immediate neighborhoods, visit our closest park, shop at
nearby stores, and order takeout from the nearest restaurants. Our neighbors constitute our
closest community.
At the same time, the need for real-time information and action has increased, just when the
city has fewer resources than before. We can see this in the desire for more services and need
for immediate information about our open spaces, libraries, and other programs. The increased
visitation to our parks and school fields has created more landscaping needs and trash.
In recognizing these needs and the new way in which we live and work, we recommend that
the City consider creating a program to build neighborhood leaders. These ambassadors could
be connected to the city to flow information and opportunities up, down, and across. The city
and the people who live here would both benefit from establishing strong local connections
who are plugged into the city’s information structure.
Benefits
For the block, the benefit is to connect immediate neighbors to each other and the city, to help
take care of themselves, and to provide knowledge about and volunteers for the city. Each
block would have a team leader and develop according to the needs and interests of the
immediate neighbors (this type of organization is sometimes called a mutual aid society). This
program will help connect neighbors and create closer community connections, put residents in
the lead by soliciting the needs of individual blocks through the neighborhood leaders, and
connect blocks with the city in order to provide the necessary resources for greater community
development.
May 24, 2021 Page 2 of 5
(ID # 12094)
For the city, there is the opportunity to target information to blocks and block leaders. For
example, when the Utilities Department turned off electricity to blocks for pole replacements
and needed to make a change after notification, having the capability to easily identify a point
of contact would have helped reduce concerns about the requested changes. We have seen
during these recent crises that people’s need for timely and targeted information is increasing
and while not everyone subscribes to or pays attention to the various social media platforms,
they can be quickly reached with a virtual or physical note from a neighbor n earby whom they
know and trust.
What ambassadors could do
● Create and maintain a list of neighbors including contact information and any skills,
interests, or household items available to share, along with any pets or special needs in
the household
● Communicate to the block on a regular basis about any changes in the immediate area
like road or park renovations, back to school dates, new neighbors, etc.
● Identify needs for volunteers in the community, such as park/school weeding and clean
up, or creating costumes for an elementary school play, and coordinate with the city,
the school district, and other neighbor groups to do that safely
● Provide a welcome letter to anyone who moves into the neighborhood
● Support any existing ESVs and CoolBlock leaders and identify new ones, as needed and
appropriate
● Schedule occasional social meetings (Zoom on Saturday mornings with coffee, a Fourth
of July parade, or Sunday barbecues or soup suppers post-pandemic)
● Partner with the nearest PTA to share information about upcoming activities for the
school that might need volunteers for or welcome attendance at events like concerts or
games
● Support and promote Little Libraries and/or book swaps
● Consider sponsoring a family in Palo Alto or another community that is struggling during
difficult times, or adopting a local business that needs support, or bulk ordering food
from local farmers
● Provide an ongoing resource to City staff for feedback on proposed programs and other
issues of general interest to residents
What the city could provide
● Recommended phone numbers, emails, and sites about how to solve problems within
the city
● Localized community information events for park planning, notification about road
work, or utilities outages
● A map for the city that shows blocks where leaders exist and where they are needed
May 24, 2021 Page 3 of 5
(ID # 12094)
● A monthly (virtual) meeting to share best practices among team leaders and invite city
staff to share updates on parks and programs as well as opportunities to volunteer, etc.
● A monthly newsletter with highlights from team leaders
● Gloves and garbage bags and an extra pickup for park maintenance
● Sample welcome letters that neighborhood leaders can modify to meet their needs
● A venue to share templates for various communication and data keeping documents for
neighborhood leaders to maximize efficiency and ease in implementing the program
Additional ideas and details
● The size of the block could vary up to 30 households, depending on what makes sense
for the geography of the area or the design of the apartment or condo building
● A high schooler or college student living at home could be a great neighborhood team
leader and anyone over age 16 is welcome to volunteer
● The city would not have access to any of the personal information that a team leader
collects (e.g., names or ages of people in each house or apartment)
● This program would not be a channel for specific complaints. Those concerns should still
go through the Palo Alto 311 app or other channels.
Existing programs
Our current neighborhood programs provide a communication pro cess during crises and
encourage reduced household use of greenhouse gases, so are not designed to fulfill the needs
we have to share information and provide mutual assistance in an ongoing manner. The
primary focus of this program is to help foster closer community connections and provide a
channel for two-way, non-emergency information between the city and residents.
About 600 registered Emergency Service Volunteers (ESV) are part of the ESV program. ESV
became an official program in 2010, consolidating the Block Preparedness Program from 2003,
the Neighborhood Watch Program from the 1970s, the CERT program from 1999, and others.
Its primary function is to provide information during an emergency that disrupts
communication lines to our public safety professionals.
CoolBlock has 65-70 blocks participating. It began in 2012 as an experiment, then transitioned
to an official city pilot program in 2016. Its primary function is to encourage households to
reduce energy usage that contributes to greenhouse gas emissions and climate change.
While both of these city programs include a component of information gathering and sharing,
creating a community of neighbors and an open channel of communication with the city is a
secondary objective. However, both of these programs can help us think about how to best
structure and organize the new program.
May 24, 2021 Page 4 of 5
(ID # 12094)
The existing neighborhood associations are not organized at a block level, nor affiliated with the
city. Their strengths in broad communication and neighborhood events could be channels for
the program to help identify block leaders and we hope and expect the neighborhood
associations to partner with the city on this new program.
Resource Impacts
Referral of this matter to the Policy & Services Committee would have no significant resource
impact. Depending on final scope, developing an entirely new program at this time could be
extremely challenging in light of anticipated budget constraints. In order to advance the goals
of this proposal, staff would recommend approaching this as a modification to the planned
approach for existing outreach efforts. To minimize staff resource impacts, the Council should
consider issues such as the following:
• Consider the program as a pilot through December 2021 designed for a predetermined
number of participants
• Design the effort as a virtual (zoom) platform, to minimize in-person meeting logistics
and capacity limitations
• Consider the pilot’s focus areas, such as:
o Supporting community meetings and conversations being planned this year, such
as town halls, neighborhood community meetings, issue specific community
engagement, community resilience trainings, etc.
o Enhancing current City public communications and community engagement,
where possible, by seeking input on established Council priorities such as
sustainability and climate action, economic and community recovery, Race and
Equity work, budget and fiscal sustainability, etc.
o Maximizing engagement and communications at the neighborhood level through
pilot ambassadors by:
▪ Engage/utilize existing community networks, community groups and
community non-profits such as neighborhood associations, Cool Block
neighborhood blocks, Emergency Service Volunteers, Magical Bridge
Playground, etc.
▪ Leveraging other community networks that exist informally like book
clubs, walking groups, etc.
• Set mutual expectations between the City and individuals participating as ambassadors
of the program, such as:
▪ Attending a City training, as well as regularly participating in webinars,
neighborhood meetings, and online surveys to share input and inform
their networks
May 24, 2021 Page 5 of 5
(ID # 12094)
▪ Receive invitations and act as a focus group, such as through a City
online survey or informal Citizen forum where staff can gain input quickly,
etc.
▪ Share details of participating and other City information regularly with a
neighborhood group leveraging existing and new community networks
such as book clubs, block parties, neighborhood associations,
walking/running groups, Cool Block neighborhood group, Emergency
Service Volunteers, etc.
• Consider designating a Council Ad Hoc committee to help guide the pilot to help support
program efforts and reduce staff resources needed to maintain the pilot
Next steps
Refer this concept for a program that allows neighbors to directly connect wit h each other and
create a communication and potentially volunteer network for the city to the Policy and
Services Committee. Since some of this is already happening organically in the community, the
program should provide a way to enroll existing small groups of neighbors who have
ambassadors/leaders and connect with existing ESVs and CoolBlock leaders who might want to
expand their work. The program might include a steering committee of block leaders to help
shape the program as it develops over time in response to community needs. Referring this to
Policy and Services would provide the opportunity for existing programs and neighborhood
associations to offer suggestions and for staff to assist in development.
City of Palo Alto (ID # 11998)
City Council Staff Report
Report Type: Informational Report Meeting Date: 5/24/2021
City of Palo Alto Page 1
Summary Title: 2020 Annual Palo Alto Airport Noise Report
Title: 2020 Annual Palo Alto Airport Noise Report Identifying Trends in the
Surrounding Areas and Determining Compliance With Established Voluntary
Noise Abatement Procedures
From: City Manager
Lead Department: Public Works
Recommendation
This is an informational report only and no Council action is required.
Discussion
The purpose of the Palo Alto Airport Annual Aircraft Noise Complaints Report is to identify
noise trends in the surrounding areas and determine compliance with established voluntary
noise abatement procedures. Attachment A is the annual report prepared by the Public Works
Department’s Airport Division staff on the aircraft noise complaints received during the 2020
calendar year.
The Palo Alto Airport (PAO) receives noise complaints via e-mail at pao@cityofpaloalto.org and
a designated hotline, 650-329-2405. Staff reviews and responds timely to all complaints,
ascertaining from complainants their contact information and the date, time, and description of
the offending occurrence. Staff reviews and compiles the data to determine flying activity
trends. Staff contacts pilots when violations are observed or reported, advising them of
established procedures, requesting compliance, and reminding them about our city’s strong
commitment to limiting community impacts from airplane noise.
This report is generated on an annual basis and posted to the airport’s webpage:
www.cityofpaloalto.org/PAO.
Airport staff continues to review available tools to better research and respond to noise
complaints in a timely manner and to reduce staff time required.
Courtesy copies to: Palo Alto Airport Association
Attachments:
CITY OF
PALO
ALTO
City of Palo Alto Page 2
•Attachment A: Palo Alto Airport - 2020 Annual Aircraft Noise Complaints Report
0
AIRPORT
PUBLIC WORKS DEPARTMENT
2020
ANNUAL NOISE
COMPLAINTS REPORT
(January 2020 to
December 2020)
AUG 2014 –SEPT 2015
(Q4 2014 –Q3 2015)*
Vision: Palo Alto Airport strives to balance the rights
of pilots to fly with the rights of neighbors to a
peaceful living environment. This document is a
report of the noise complaints received by the
airport in 2020. Airport staff uses this information to
identify trends in neighboring communities. These
trends inform communications between airport
staff and pilots on the issue of noise.
Attachment A
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Introduction:
The following is a report of noise complaints received by Palo Alto Airport (PAO) in 2020. The Federal
Aviation Administration (FAA) defines air travel routes and procedures, including defining separation
distances between aircraft, determining hazards to aviation and all other safety criteria for aircraft, and is
responsible for directing and enforcing the movement of aircraft in flight. Although organizations can
petition the FAA regarding flight procedures, the FAA has the final say in what is safe and acceptable. The
Airport Noise and Capacity Act (ANCA) of 1990 federally prohibits public-use airports from restricting
airspace in any way.
The FAA measures noise based on the Yearly Day and Night Average Sound Level (DNL) and the
Community Noise Equivalent Level (CNEL). While both are essentially the same, airports in California use
the CNEL method to measure noise. CNEL is a method of averaging single event aircraft noise into a
weighted 24-hour average. The system adds penalties to all events occurring during the evening (7pm –
10pm) and the night (10pm – 7am). The Santa Clara County Airport Land Use Commission (SCC ALUC)
performed a noise study for the Palo Alto Airport using the CNEL to determine the noise contours for 55,
60, 65, and 70 decibels. The contour map is included as Attachment A.
Regarding safety and altitude, the FAA has in place Federal Aviation Regulations (FARs) that establish
Minimum Safe Altitudes (MSAs) for aircraft. For fixed wing aircraft, the MSA is 1000 feet above ground
when over congested areas and 500 feet when not over congested areas. These MSAs apply to all fixed
wing aircraft except when necessary for landing and takeoff operations. Helicopters are exempt from
these altitude restrictions due to the nature of their flight. These minimum altitudes are enforced by the
FAA Flight Standards District Office in San Jose, not by Palo Alto Airport. Palo Alto Airport cannot tell pilots
when or where to fly; the airport, however, does have voluntary noise abatement procedures that Palo
Alto Airport recommends that pilots follow. (See the Noise Abatement Procedures section below.)
The airport receives noise complaints via email at pao@cityofpaloalto.org and a noise complaint hotline
650-329-2405. Airport staff review and timely respond to all complaints, ascertaining as much information
from complainants, including contact information, date, time, and description of the occurrence. Various
flight trackers can be used to help identify the aircraft involved and verify if FAA regulations or Palo Alto
Airport procedures were violated. The airport staff reviews and compiles all data to determine trends with
flying activities.
Purpose:
The purpose of the Palo Alto Airport Annual
Noise Report is to identify noise trends in the
surrounding areas and determine compliance
with established voluntary noise abatement
procedures.
Airspace:
The Palo Alto Airport airspace is unique. The
congested Bay Area airspace is dominated by
SFO Class Bravo airspace, which encompasses a
30 nautical mile radius around SFO. Underneath
the Class Bravo airspace lays the Class Charlie
airspace of Oakland and San Jose international
airports. Finally, Moffett Airfield lies
approximately 4 nautical miles to the southeast of Palo Alto Airport.
As a result, Palo Alto Airport airspace ends only 1.5 nautical miles southeast of the Palo Alto Airport’s
single runway (Runway 13/31). To land at Palo Alto Airport, aircraft must turn before entering Moffett’s
airspace, resulting in aircraft having to space themselves in traffic patterns over the peninsula when take-
off/landing volumes peak. The FAA’s Air Traffic Control Tower (ATCT) at Palo Alto Airport has a letter of
agreement with Moffett’s ATCT providing Palo Alto Airport aircraft with extensions into Moffett airspace
when Moffett airfield is not in use. The additional airspace is a useful mitigation tool during busy times.
Further restrictions in Palo Alto Airport airspace come from San Jose Class C airspace, starting at 1500 feet
Mean Sea Level, just southeast of Palo Alto Airport and SFO Class B airspace, starting at 2500 feet Mean
Sea Level, just northeast of the Palo Alto Airport. Both are identified on the Palo Alto Airport Sectional
Map: San Jose Class C is shown with thick magenta lines and SFO Class B is shown with thick blue lines.
These restrictions play a vital role in aircraft departures, in turn influencing noise abatement procedures
for the Palo Alto Airport.
Noise Abatement Procedures:
Noise abatement procedures are voluntary procedures that the airport asks pilots to follow. The airport
is prohibited from restricting airspace. Palo Alto Airport staff will speak with individual pilots and educate
them about the voluntary noise abatement procedures. The Palo Alto Airport cannot levy fines on pilots
that violate the voluntary noise procedures. For illustrated noise abatement procedures reference Palo
Alto Airport Pilots Handout included as Attachment B.
The noise abatement procedures depend on the runway that is in use at the time. Depending on weather
patterns, aircraft can depart on Runway 31 to the northeast or Runway 13 to the south east.
Approximately 90% of the time, weather conditions require the use of Runway 31. Pilots are asked to not
make a left crosswind departure from Runway 31, but instead make a “Left Dumbarton Departure” (fly to
the Dumbarton Auto Bridge before making a left turn and flying over East Palo Alto) or a right 270 degree
turn before departing to the south or west. When aircraft are using Runway 13, pilots are asked to make
Palo Alto Airport Sectional Map
Palo Alto Airport in Green
PAO Airspace highlighted in Red
Source: http://vfrmap.com/?type=vfrc&lat=37.461&lon=-122.115&zoom=10
a left 270-degree turn. In addition to these procedures, pilots are asked to climb to 1500 feet or above
ground before crossing Highway 101 and reduce power when safely able.
For arrivals, it is standard practice and necessary for pilots to descend to pattern altitude before entering
the traffic pattern around PAO, sometimes requiring aircraft to descend below the 1500 feet minimum of
departing aircraft over Palo Alto. As these aircraft are descending to land the engines are generally
powered back and quieter than ascending aircraft.
Airport staff continuously engages with tenants and pilots about the voluntary noise abatement
procedures, always noting that safety always supersedes noise.
Findings:
The Palo Alto Airport remains one of the busiest general aviation airports in the bay area with an average
of 158,280 operations per year since 2011, significantly less than the average of 186,905 operations per
year between 2001 and 2010 (Table 1). The Covid-19 Pandemic caused a 25% reduction in operations at
the airport for the 2020 calendar year. An operation is defined as either a takeoff or a landing and a touch-
and-go procedure will account for two operations.
During the 2020 Calendar year, the Airport logged 515 total noise complaints from 29 households. Table
2 shows the number of complaints by quarter and includes the totals from 2019.
Table 3 sorts the complaints logged into three sections. The first one is PAO which includes all complaints
that involve aircraft that performed an operation at the airport. The next section is General which includes
complaints that did not include a specific aircraft or incident of noise. These complaints may or may not
involve aircraft from PAO. The last section is Non-PAO, which include aircraft that are not based or did not
Year Air Taxi Military Total Year Air Taxi Military Total
2001 29 370 216,483 2011 1,572 8 170,389
2002 62 1 208,755 2012 1,700 16 176,564
2003 17 1 212,981 2013 1,628 14 172,653
2004 619 12 199,453 2014 1,518 22 179,900
2005 2,397 28 184,821 2015 1,082 118 172,132
2006 1,932 17 176,570 2016 708 52 153,238
2007 1,440 318 181,883 2017 872 146 148,769
2008 1,697 280 174,332 2018 760 133 146,181
2009 1,650 301 155,556 2019 920 63 150,266
2010 2,077 6 158,217 2020 620 45 112,712
Avg 1192 133.4 186905.1 Avg 1138 61.7 158280.4
Table 1. Airport Operations for PAO
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total 2020 Total 2019
Complaints 87 243 132 53 515 1050
Households 7 17 10 10 29 21
Table 2. Complaints Received
operate at the airport. These flights could include CHP, Coast Guard, Air Taxis, Survey and or banner
towing operations. Also included in Table 3 are the totals for 2019.
Table 4 below provides a detailed breakdown of the 515 complaints by city. Most complaints came from
Saratoga, with 231 of 232 complaints logged from 1 household. There were no observed violations to the
voluntary noise abatement procedures over Saratoga, and staff explained the procedures, regulations,
and nature of the airspace to the resident. There were 38 complaints from 4 households in Palo Alto. The
location of the complaints in Palo Alto can be seen in Attachment C.
Table 5 below shows the general type of aircraft identified as causing noise complaints at the airport.
There are 2 types of engines for aircraft utilizing PAO. The first is reciprocating which is similar to an
automobile engine, and the second is turboprop which is a turbine engine with a propeller that produces
thrust. Aircraft are further differentiated by “multi” and “single” which denotes the number of engines
for the aircraft. In the case of PAO all multi engine aircraft have 2 engines. As Table 5 , shows single
reciprocating aircraft produced the largest portion of noise complaints. This class of aircraft represents
most of the fleet at PAO and usually consists of Cessna, Pipers and Cirrus aircraft.
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total 2020 Total 2019
PAO 78 106 78 26 262 1042
General 2 66 28 14 96 8
Non-PAO 7 71 26 13 104 0
Table 3. Aircraft Assossiation
City C H C H C H C H C H C H
East Palo Alto 3 2 3 2 3 3
Los Altos 25 1 6 2 6 2 37 3 22 1
Los Gatos 10 1 18 1 45 1 4 1 77 1 0 0
Menlo Park 2 1 10 1 14 1 2 2 28 3 1 1
Mountain View 3 2
Palo Alto 10 2 7 2 11 2 11 2 39 4 26 9
Portola Valley 2 2 2 2
Santa Clara 1 1 1 1
Santa Cruz 1 1 1 1 2 2
Saratoga 60 1 100 1 43 1 29 2 232 2 974 1
Sunnyvale 4 1 70 2 11 1 85 1 16 2
Woodside 1 1
Unknown 1 1 7 5 1 1 9 8
Total 87 7 243 18 132 10 53 10 515 29 1050 21
Table 4. Noise Complaints by City
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total 2020 Total 2019
Table 5. Aircraft type
Helicopter
Multi
Reciprocating Multi Turbo Prop
Single
Reciprocating Single Turbo Prop Unknown
2019 Complaints 12 40 15 951 22 10
2020 Complaints 9 11 11 347 13 124
Table 6 below shows the number of violations of the established noise abatement procedures. Airport
staff makes every effort to talk to all pilots that violate these procedures, but it is difficult to talk to all
transient pilots about noise abatement procedures. It is not the role of the FAA Air Traffic Control Tower
to advise pilots of the noise abatement procedures, but the City has developed a working relationship
with the ATCT and Air Controllers do advise pilots of the noise abatement procedures when they have the
ability.
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
Tenant 4 3 4 7 18
Transient 1 0 2 0 3
Unknown 0 0 1 0 1
Total 5 3 7 7 22
Complaints 87 243 132 53 515
Operations 32,769 15,766 29,701 34,476 112,712
% Compliance 99.98% 99.98% 99.98% 99.98% 99.98%
Table 6. Observed violations of noise abatement procedures
Following is a noise contour map for PAO, adopted by the Santa Clara County Airport Land Use
Commission (SCC ALUC) in their 2008 Comprehensive Land Use Plan, reflecting the forecasted noise
contours for Palo Alto Airport in 2022.
SCC ALUC used the Integrated Noise Model which considers airport altitude, mean temperature, runway
configuration, aircraft flight track definition, aircraft departure and approach profiles, aircraft traffic
volume and fleet mix, and flight track utilization by aircraft types. All data is entered into the CNEL formula
to prepare the noise contours for Palo Alto Airport.
The 65 decibel (db) noise level of the airport extends beyond the airport boundaries, but is only over Palo
Alto Golf Course, Palo Alto Baylands Nature Preserve, and the salt marshes in San Mateo County.
Refer to https://www.sccgov.org/sites/dpd/DocsForms/Documents/ALUC_20081119_PAO_CLUP.pdf, for
a more detailed description of how the SCC ALUC prepared this map.
Attachment A
PAO Noise Contour Map
2022 Forecasted Palo Alto Airport Noise Contour Map
No i ~Cl Contour~ fC N EL)
CJss CJ«>CJ.;c:J ,c
Attachment B
PAO Pilot Handout
Santa Clara County created a Pilot Handout for Palo Alto Airport that described the noise abatement
procedures. When the City of Palo Alto assumed control of the airport, the existing noise abatement
procedures were adopted, with one exception, “pilots must maintain 1500 feet or above across Highway
101” was replaced with “Aircraft are asked to climb to and maintain at least 1500 feet before crossing
Highway 101.” The change is consistent with the voluntary nature of noise abatement procedures as
airports are federally prohibited from instructing pilots how to fly.
Bayside Pattern – 800ft
Left
270
Right
270
Peninsula Side
Pattern – 1000ft
Left
Dumbarton
Departure
Not to be used
for navigation
Safety First
Be Aware Palo Alto
Airport Lies under SFO
Class B Airspace
Key
Pattern
Noise Abatement Departures
RWY 31
RWY 13
Noise Abatement Procedures
Please fly neighborly and be aware of the surrounding
communities. There are noise sensitive areas to the west
and south of the Airport. Aircraft are asked to climb and
maintain at least 1500 feet before crossing Highway 101.
Fly over the bay whenever possible.
Please use reduced power setting whenever possible to
reduce noise impacts. Even a reduction in a 200 RPM can
significantly reduce noise.
Safety Always Supersedes Noise Abatement
Palo Alto Airport General Information
Bayside Pattern Alt - 800 feet
Peninsula Side Pattern Alt – 1000 feet MSL
ATCT hours of operation – 0700 – 2100 hrs
ATC / CTA Frequency – 118.600
ATC Ground Frequency – 125.000
Fuel Frequencies – 122.85 or 122.95
Airport Office Phone # – (650) 329-2444
320
Preferred West Bound Departures
Runway 31
Left Dumbarton Departure
When departing runway 31 turn right 10 on takeoff and climb over the bay. Fly straight to
Dumbarton Auto Bridge before making a left turn to fly over the peninsula or to the south.
Cross Highway 101 at or above 1500 feet.
Left 270 Departure
After takeoff climb over the bay while making a 270 turn and heading west or south over the
peninsula. Cross Highway 101 at or above 1500 feet.
Runway 13
Right 270 Departure
After takeoff turn right over and climb over the bay while making a 270 turn and heading west
or south over peninsula. Cross Highway 101 at or above 1500 feet.
Palo Alto Airport asks for
your cooperation in reducing
the noise impact of aircraft
on the neighboring
communities.
BE A GOOD NEIGHBOR – FLY SAFELY AND QUEITLY
CAUTION
The Palo Alto Baylands preserve
is located immediately to the
north of the airport. Watch for
birds on or near the airport.
Be alert for bikes & pedestrians
crossing a levee road 290’ from
departure end to Runway 31.
~CITY OF
~PALO ALTO
•
CITY OF
PALO ALTO
EMBARCADERO WAY
....
HARBOR ROAD
• NOTTO SCALE-
•
Aircraft Movemen t Areas
(ATC Commun ication Required in This Area Only) NOTTO BE USED
FOR NAVIGATION
SAFETY FIRST
0 Fuel Dumping Station
NO ISE ABATE MENT INF ORMATION
THERE ARE NOISE SENSITIVE AREAS WEST AND SOUTH OF TH E AIRPORT. AIRCRAFT ARRIVING
OVER TH ESE AREAS MUST MAINTAIN AT LEAST 1,500 FEET UNTIL CROSSING THE BAYSHORE
FREEWAY (US 10 1).WHENTHE ATC TOWER IS CLOSED, ALL AIRCRAFT ARE REQUESTED TO USE
A STAN DARO TRAFFIC PATTERN ON TH E BAY (NORTH -EAST} SIDE OF THE AIRPORT.
NO DOWNWIND DEPARTU RES ON THE SOUTH-WEST SIDE OF TiiE AIRPORT.
CAUTION
THE PALO ALTO BAYLANDS PRESERVE IS LOCATED IMM EDIATELY TO THE NORTH-EAST OF TH E AIRPORT.
WATCH FOR BIRDS ON OR NEAR THE AIRPORT.
CAUTION
PALDALTD
MUNICIPAL
GOLf COURSE
BE ALERT FOR BIKES & PED ESTRIANS CROSSING A
LEVEE ROAD 80' FROM APPROACH END TO RU NWAY 13
ALIGNMENT= 306.1•
a
2,443 Ft x 65 Ft -LI GHTED
ELEVATION 4'
Attachment C
Map of Palo Alto Households
This map shows the approximate location and number of complaints from households within Palo Alto. This map was
generated using GIS by airport staff.
34
3
1 1