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HomeMy WebLinkAbout2024-10-28 City Council Agenda PacketCITY COUNCIL Special Meeting Monday, October 28, 2024 Council Chambers & Hybrid CITY OF 5:30 PM PALO Amended Agenda ALTO Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as "hybrid" meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone: 1(669)900-6833 PUBLIC COMMENTS General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff's presentation or as determined by the Chair. Written public comments can be submitted in advance to city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection on the City's website. Please clearly indicate which agenda item you are referencing in your subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB's or other physical electronic storage devices are not accepted. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. TIME ESTIMATES Listed times are estimates only and are subiect to chance at any time. includine 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. October 28, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 - 6:35 PM) 1. Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status — Not a project. Late Packet Report Added AGENDA CHANGES. ADDITIONS AND DELETIONS PUBLIC COMMENT (6:35 - 7:05 PM) Members of the public may speak in -person ONLY to any item NOT on the agenda. 1-3 minutes depending on # of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:05 - 7:10 PM) Members of the public may not speak to the item(s). STUDY SESSION (7:10 - 8:10 PM) 2. Nonprofit Relationships Study Session CONSENT CALENDAR (8:10 - 8:15 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 3. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front-line law enforcement expenses; CEQA status — not a project. 4. Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not -To -Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status — Categorically Exempt (CEQA Guidelines Section 15301). 5. Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not -to -Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not -to - Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not -to - October 28, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002); CEQA Status — Exempt Under Section 15301 6. Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project — Design Phase in the Pearson-Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status - Not a project. 7. Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status - not a project 8. Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not -to -Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status — Exempt per Section 15301(h) (maintenance of existing landscape) 9. Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status --Not a Project. 10. Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On -Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status — not a project. CITY MANAGER COMMENTS (8:15 - 8:30 PM) BREAK (15 MINUTES) ACTION ITEMS (8:45 - 9:30 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 11. Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status — not a project October 28, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CLOSED SESSION (9:30 - 10:30 PM) AA1. CONFERENCE WITH CITY ATTORNEY -POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority: Government Code Section 54956.9(d)(2) New Item Added ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting's agenda. 12. 2024 Council Priorities and Objectives O3 Report OTHER INFORMATION Standing Committee Meetings this week Public Comment Letters Schedule of Meetings AMENDED AGENDA ITEMS 1. Supplemental Report - Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status - Not a project. AA1. CONFERENCE WITH CITY ATTORNEY -POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority: Government Code Section 54956.9(d)(2) New Item Added October 28, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. 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. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone 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. o You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. o You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. o 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. o When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362-027-238 Phone: 1-669-900-6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City's ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. October 28, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A "license, permit, or other entitlement for use" includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A "party" is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A "participant" is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of "financial interest" in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council's actions. If you qualify as a "party" or "participant" to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. October 28, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. Item 1 Item 1 Staff Report City Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY CITY O F Lead Department: City Clerk PALO LTO Meeting Date: October 28, 2024 Report #:2409-3432 TITLE Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status — Not a project. RECOMMENDATION The City Council will provide direction at the October 21, 2024 City Council meeting on candidates to interview for current vacancy on the Parks and Recreation Commission. Staff will schedule interviews with selected candidates for the October 28, 2024 City Council meeting. The schedule of interviews for October 28, 2024 will be available in a late packet distribution on October 24, 2024. BACKGROUND Commissioner Joy Oche resigned for the Parks and Recreation Commission effective August 23, 2024. As such, the current vacancy staff is requesting to be filled is: • One (1) position on the Parks and Recreation Commission, to fill a partial term expiring March 31, 2026. APPROVED BY: Mahealani Ah Yun Item 1: Staff Report Pg. 1 Packet Pg. 7 of 378 Item 2 Item 2 Staff Report CITY OF PALO ALTO TITLE Nonprofit Relationships Study Session City Council Staff Report From: City Manager Report Type: Study Session Lead Department: City Manager Meeting Date: October 28, 2024 Report #:2311-2309 RECOMMENDATION Council to receive a report and provide feedback on a framework for strengthening the City's practices in nonprofit relationship engagement, funding, support, and evaluation, informed by 2022 Nonprofit Audit insights and recommendations. BACKGROUND In June 2022 the Policy and Services Committee received a report from the City Auditor focused on identifying risks related to nonprofit agreements and provided corresponding recommendations for improvement.1 Key recommendations included defining clear service level expectations and performance management and evaluation on all nonprofit and lease agreements, as well as quantifying non -monetary support to determine appropriate compensation for nonprofits' use of City -owned properties. Recommendations are summarized in Attachment A. Through various agreements, the City engages with nonprofit organizations that support community needs and Council priorities. Agreements may be in the form of grants, professional or general services contracts or facility lease agreements. The City has an administrative policy on public -private partnerships that addresses some types of non-profit engagements, but the policy is neither comprehensive nor fully up to date with current City programs and practices. Guided by the audit recommendations, this study session seeks feedback from the Council on an approach to review and improve the City's programs for nonprofit support that is paired with 1 June 14, 2022 Policy and Services Committee Meeting: https://cityofpaloaIto.primegov.com/Public/Compiled Document?meetingTemplateld=6282&compileOutputType= 1 Item 2: Staff Report Pg. 1 Packet Pg. 8 of 378 Item 2 Item 2 Staff Report appropriate expectations, on both sides, for accountability measures that reflect the variety of relationships. ANALYSIS The City of Palo Alto provides high quality community services and programs to its residents through its many libraries, parks, community facilities, recreation programs, art and cultural centers, with special consideration for its vulnerable populations such as seniors, children, and people with disabilities. The City also relies on other public agencies and nonprofit partnerships to deliver community services that provide a public benefit, which would otherwise be more expensive or highly specialized for the City to offer. A table with current nonprofit service and lease agreements are included in Attachment B and C. Over the years, the paths through which nonprofit relationships have been formed and managed has varied given evolving community needs, organizational opportunities, Council priorities, and changes in City policies and processes. This has resulted in inconsistencies in the approach and management of nonprofit partnerships, such as the examples highlighted in the Nonprofit Audit Report. The audit findings provide an opportunity to refine this approach by establishing a framework based on overarching guiding principles and decision -making. As a method for considering and rationalizing the wide variety of City nonprofit support relationships and to organize decision -making going forward, staff has developed a conceptual framework to discretely describe and discuss how partnerships are developed and implemented. Our proposed discussion framework consists of a sequence of steps, including: • Principles — the fundamental goals and values that guide the establishment and pursuit of partnerships; • Practices — the policies and protocols, such as the use of Requests for Proposals, through which principles are implemented; and, • Products — the visible methods, such as defined funding programs and administrative policies, through which the principles and practices are implemented and communicated to nonprofit partners and the community at large. In concept, this sequence of Principles, Practices, and Products can be used to ensure that the City's approach to pursuing prospective partnerships, decision -making, and administrative implementation are clear and consistent with their intended outcomes. This report provides a first attempt at applying this conceptual framework to reviewing our current partnerships and identifying areas for improvement that will guide decision -making into the future. The following graphic illustrates the proposed approach for this review: Item 2: Staff Report Pg. 2 Packet Pg. 9 of 378 Item 2 Item 2 Staff Report Proposed Sequence of City Non -Profit Partnerships Review Principles * City Goals * Identification of Resources + Individual Council Actions Practices * Administrative practices • Defined Funding Programs • Administrative Policies * Communications As a starting point for Council consideration, staff has reviewed prior actions and prepared a first draft set of principles that we believe reflect the City's fundamental interests in establishing nonprofit partnerships. At the study session, staff will seek Council feedback on whether these Principles accurately reflect the City's interests or should be revised or supplemented. Principles Guiding Non -Profit Partnerships: 1. Impact -oriented focus and accountability- Partnerships will identify intended outcomes and prioritize unmet needs, and incorporate appropriate measures and reporting, while reflecting the nature of the engagements and avoiding unnecessary administrative processes. 2. Service alignment- Programs and services should align with the Council's priorities and identified community needs. 3. Fairness and open access- The City will maintain visibility and consistency in its partnership processes, to both the nonprofit community and public at large. 4. Equity and inclusion- Resource allocations will consider and prioritize accessibility of the resulting services to all community members, with particular attention to underserved and vulnerable populations. 5. Flexibility for special circumstances- The City Council will need the ability to act quickly when needed to respond to special circumstances. Item 2: Staff Report Pg. 3 Packet Pg. 10 of 378 Item 2 Item 2 Staff Report While the Principles above are simply a draft, the following paragraphs provide examples of how the Principles can then be carried through our Practices and Products. As evident through the points that follow, identification of the City's core Principles is an important first step. Principle 1: Impact oriented focus and accountability- Partnerships will identify intended outcomes and prioritize unmet needs, and incorporate appropriate measures and reporting, while reflecting the nature of the engagements and avoiding unnecessary administrative processes. The City ensures that the responsibilities of all parties reflect the nature of the engagement by promoting financial stewardship, managing risks to sustainability, and establishing measurable goals and oversight to maintain the effectiveness and accountability of nonprofit partnerships. Related Practices A. The significance of a partnership to both parties will be reflected in the City's engagement on issues such as organizational and fiscal management A. Where needed to manage risk of the relationship and service delivery, the City may support resources for nonprofit training and organizational development B. Where possible, City funding should not be the primary source of a nonprofit's budget. Where a major funder, the City may be involved in the nonprofit's governance C. All agreements should include appropriate measurable goals and key performance indicators D. Policies should include guidelines for underperformance and corrective actions E. The City's responsibilities in agreements should be clear and achievable to avoid noncompliance Related Products 1. HSRAP and CDBG grants already require regular financial reporting. Depending on significance to the nonprofit's budget, other grants may also require ongoing and annual financial reports 2. Funding criteria states that City funding is leveraged and not significant source of organization's budget 3. Consider designating a Council liaison to organizations where the City is a major funder 4. All grant program, direct grants, service, and lease agreements will include appropriate measurable goals and key performance indicators Item 2: Staff Report Pg. 4 Packet Pg. 11 of 378 Item 2 Item 2 Staff Report Principle 2: Service alignment- Programs and services should align with the Council priorities and identified community needs The City ensures that programs and services are aligned with Council priorities and evolving community needs by regularly evaluating organizations and making funding decisions based on their potential impact and capacity to deliver services. Related Practices A. Regularly evaluate current needs of the community, as well as services and organizations meeting these needs B. Funding decision are made based on alignment with Council priorities, potential for impact, and the nonprofit's capacity to deliver services Related Products 1. A Human Services Needs Assessment is currently conducted to update funding criteria and priorities for HSRAP. Other needs assessments should be considered in order to inform other grant activities 2. The City may explicitly consider Council priorities, community surveys and needs assessments prior to making new funding decisions Principle 3: Fairness and open access- The City will maintain visibility and consistency in its partnership processes, to both the nonprofit community and public at large. The City is committed to maintaining transparency and equity in its partnership processes, ensuring clear communication, equitable access to resources, and consistent application of subsidies based on public benefit. Related Practices A. Periodically review overall nonprofit funding, as a precursor to new decisions B. Prior to significant funding decisions, broadly communicate the availability of funding C. When providing financial support, clearly communicate goals and expectations for how funding will be used D. Below -market rental of City facilities will be visible to all and periodically revisited E. Subsidies will be consistently applied and based on public benefit received F. Periodically review overall grant programs, direct funding, and below -market leases to ensure alignment with current goals, and direct program -level adjustments as appropriate Item 2: Staff Report Pg. 5 Packet Pg. 12 of 378 Item 2 Item 2 Staff Report Related Products 1. Develop a publicly -available summary and calendar of nonprofit funding opportunities 2. Annually report overall nonprofit funding and lease subsidies 3. Agreements with nonprofits for ongoing direct funding (outside of grant programs) will reflect a periodic review, in order to ensure continued alignment in the context of other available service providers Principle 4: Equity and inclusion- Resource allocations will consider and prioritize accessibility of the resulting services to all community members, with particular attention to underserved and vulnerable populations. The City is dedicated to ensuring that services and resources are accessible to all community members, especially underserved and vulnerable populations, by upholding high standards of transparency in decision -making, fostering inclusive practices, and engaging the community in continuous improvement efforts. Related Practices A. Maintain high standards of transparency in decision -making and award process B. Where appropriate, include boards and commissions in the review process C. Consider specific conflict of interest polices for disclosure of relationships with nonprofit applicants D. Solicit feedback after each funding cycle to identify areas for improvement and increase responsiveness to community needs Related Products 1. The HSRAP program will continue the Human Relations Commission's role in making grant recommendations and presentation to the City Council 2. Consider requiring by policy that significant direct funding decisions be reviewed by applicable board or commission Principle 5: Flexibility for special circumstances- Council has the discretion to consider special ri rri imct, nrnc Staff anticipates that the Council will want to retain the discretion to address special circumstances, whether unusual opportunities to take advantage of investments by others, time - critical needs, or others. This principle would be achieved by establishing clear procedures for Item 2: Staff Report Pg. 6 Packet Pg. 13 of 378 Item 2 Item 2 Staff Report awarding agreements or grants outside of standard processes and developing policies to manage one-off requests. Related Practices A. Identify circumstances and procedures through which agreements and/or grants are awarded outside of the established processes B. Requests that fall outside these circumstances would require more extensive review Related Products 1. Develop a policy for managing one-off requests 2. Create a Council emerging needs earmark within its contingency fund Staff would like the City Council to provide feedback on the overall guiding principles and structure in this report. Noting that additional funding strategies within each category could be defined. For example, Council may create a funding program for special events. Following Council discussion and feedback, staff will recommend appropriate policy adjustments and develop new processes and procedures as appropriate for Council consideration and where appropriate, adoption. Staff will also develop a stakeholder outreach strategy to inform and receive feedback from our nonprofit partners. FISCAL/RESOURCE IMPACT No additional resources are required to support the discussion outlined in this report; however, depending on Council feedback, additional resources may be required to support the planned Nonprofit Relationship review as well as any policy or management and oversight changes that may result. Departments that manage a significant amount of service agreements and nonprofits leases, such as the Community Services and Administrative Services Departments may be most affected. Follow-up work required may also impact resources, such as revising existing agreements and any related work such as appraisal services to determine market values. STAKEHOLDER ENGAGEMENT Following the City Council's initial review and feedback, the City will engage with stakeholders especially the nonprofit community. Staff anticipates using this engagement to inform recommendations that would then return to Council. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA). CEQA Guidelines section 15378(b)(2). Item 2: Staff Report Pg. 7 Packet Pg. 14 of 378 Item 2 Item 2 Staff Report ATTACHMENTS Attachment A: Summary of 2022 Nonprofit Agreement Audit Recommendations Attachment B: FY 2025 Nonprofit Service Agreements Over $10K Attachment C: FY 2025 Nonprofit Lease Agreements APPROVED BY: Ed Shikada, City Manager Item 2: Staff Report Pg. 8 Packet Pg. 15 of 378 Item 2 Attachment A - Summary of 2022 Nonprofit Agreement Audit Recommendations Summary of 2022 Nonprofit Agreement Risk Management Review Audit Recommendations # Audit Recommendations Summary Nonprofit Service Agreements 1. Agreements should define service level expectations: goals, performance measures, and reporting. Higher -risk agreements should have greater performance and reporting expectations. 2. High -risk agreements should be appropriately resourced and closely managed. Underperformance should be discussed early and corrective actions should be taken to improve performance. 3. City's responsibilities in the agreement should be achievable to avoid noncompliance. 4. City should track and evaluate City /nonprofit performance and address risk of continuing or discontinuing the relationship. City should maintain a list of all nonprofit agreements and periodically report to Council on performance. Nonprofit Lease Agreements 1. Lease agreements with significantly reduced rent amounts should include performance and reporting requirements for services being provided on the premise. High -risk agreements should assign a project manager to monitor performance. The actual benefit to the City should serve as a basis for reduction of rent amount when lease agreements are renewed. 2. Analyze non -monetary support should be analyzed based on the ASD estimated fair market rental value Analyze non -monetary benefits to be provided by nonprofit to determine the appropriate compensation or their use of the City -owned properties. Item 2: Staff Report Pg. 9 Packet Pg. 16 of 378 Item 2 Attachment B - FY 2025 Nonprofit T B Service Agreements Over $10K Nonprofit Service Agreements of $10K or More, as of FY 2025 Current Contract Contract End Total Contract FY24 Responsible No. Nonprofit Organization Name Contract Purpose HSRAP Lease* Start DATE Date Amount Department Amount HSRAP - Disability services. Provides advocacy, inclusion, and 1 AbilityPath 7/1/2023 6/30/2025 $150,474 $69 988 Community Services independence for people with X No /Human Services developmental disabilities and their families HSRAP - Employment opportunities 2 Ada's Cafe 7/1/2023 6/30/2025 $123,500 $57,442 Community Services for adults with developmental X No /Human Services disabilities. 3 Acterra now Grassroots 3/14/2024 3/14/2027 $30,000/yr $30,000 Public Works Irrigation, maintenance, and No reporting HSRAP - Services to lesbian, gay, bisexual, transgender, queer and 4 Adolescent Counseling Services - Outlet 7/1/2023 6/30/2025 $107,500 $50,000 Community Services questioning (LGBTQQ) youth and X No /Human Services their straight allies HSRAP - Adolescent substance Adolescent Counseling Services - ASAT Community Services addiction treatment program for 5 Program 7/1/2023 6/30/2025 $16,050 $7,465 /Human Services Middle and High School students g X No Alta Housing (formerly Palo Alto Housing Community Services HSRAP - Various program for low - 6 7/1/2023 6/30/2025 $94,009 $43,725 income youth and seniors X No Corp) /Human Services Senior programs (formerly part of 7 Avenidas 7/1/2020 6/30/2025 $2,687,018 $570,453 Community Services HSRAP) Yes /Human Services Urban forestry professional services, 8 Canopy 12/7/2020 6/30/2025 $1,344,270 $188,275 Public Works outreach, and education No Assist Fire Department in developing 9 Center for Public Safety Excellence, Inc. 6/1/2024 4/30/2025 $22,500 $22,500 Fire community -driven 5 -Year Strategic No Plan HSRAP -Provide transportation to access in -person therapy, basic food needs, and clinician recommended 10 Children's Health Council 7/1/2023 6/30/2025 $16,665 $7,751 Community Services therapy supplies for families with pp X No /Human Services children ages 5-22 with Medi-Cal Item 2: Staff Report Pg. 10 Packet Pg. 17 of 378 Item 2 Attachment B - FY 2025 Nonprofit T B Service Agreements Over $10K FY24 No. Nonprofit Organization Name Current Contract Contract End Total Contract Contract Responsible Purpose HSRAP Lease* Start DATE Date Amount Department Amount Workforce Development Program. Provide comprehensive support Planning & services for homeless/ unemployed 11 Downtown Streets 5/24/2023 6/30/2024 $168,340 $168,340 Development No to secure employment Services/CDBG Consists of 1) street cleaning services for the City's five parking garages, sidewalks, and alleyways in the 12 Downtown Streets Team 1/12/2024 1/11/2027 $528,409 $176,136 Public Works Downtown Palo Alto area funded by No University Avenue Parking Permit Fund ($107,748/yr) HSRAP - Services to the homeless, including job skills training, work 13 Downtown Streets Team 7/1/2023 6/30/2025 $82,717 $38,473 Community Services experience, and food for low-income X No /Human Services individuals through the Palo Alto Food Closet HSRAP - Tutoring for low income 14 DreamCatchers 7/1/2023 6/30/2025 $118,800 $55,256 Community Services middle school students X No /Human Services Empowerment Institute assist City with advancement of community 15 Empowerment Institute 9/3/2018 12/31/2021 $70,000 $70,000 City Manager engagement block program No 16 Environmental Volunteers 9/30/2024 6/30/2025 $10,580 $10,580 Community Services Ambassador Program at Foothills No Nature Preserve Habitat Restoration at Pearson 17 Grassroots Ecology 7/1/2024 6/30/2029 612,027 $115,475 Community Services Arastradero Preserve No 18 Grassroots Ecology 10/1/2023 9/30/2028 529,459 $102,329 Community Services Habitat restoration at Foothills No Nature Preserve PWD-Watershed School outreach and creek 19 Grassroots Ecology 3/15/2024 3/14/2027 $90,000 $90,000 No Protection monitoring Community HSRAP - Meals on Wheels; fully - 20 Health Trust 7/1/2023 6/30/2025 $46,440 $21,600 Services/Human prepared mealsdelivered to X No Services vulnerable seniors HSRAP - Winter shelter for women Community Services 21 Heart & Home Collaborative 7/1/2023 6/30/2025 $86,950 $40,442 experiencing homelessness X No /Human Services Item 2: Staff Report Pg. 11 Packet Pg. 18 of 378 Item 2 Attachment B - FY 2025 Nonprofit T B Service Agreements Over $10K No. Nonprofit Organization Name Current Contract Contract End Total Contract FY24 Contract Responsible Purpose HSRAP Lease* Start DATE Date Amount Department Amount Shelter staffing for the Overnight 22 Heart & Home Collaborative 1/1/2024 5/30/2024 $24,500 $24,500 Community Services Warming Location (OWL) No /Human Services HSRAP - Grief support 23 Kara 7/1/2023 6/30/2025 $60,200 $28,000 Community Services X No /Human Services CISM Peer Support and Training 24 Kara 7/1/2024 6/30/2027 $24,900 $8,300 Fire No HSRAP - Distribution of education and essential item packages, and 25 Karat School Project 7/1/2023 6/30/2025 $29,031 $13,503 Community Services participation in a nature equity X No /Human Services education cam for low-income P families living in RVs HSRAP - Nutrition program for 26 La Comida 7/1/2023 6/30/2025 $129,000 $60,000 Community Services persons 60 years of age or older. X No /Human Services HSRAP - Food services for homeless 27 LifeMoves 7/1/2023 6/30/2025 $199,720 $92,893 Community Services and very low-income Palo Alto X No /Human Services residents Homeless Outreach Services program 28 LifeMoves 7/1/2023 6/30/2025 $460,000 $230,000 Community Services No /Human Services Opportunity Services Center. Provide Planning & comprehensive, one -stop, multi - 29 LifeMoves 7/1/2023 6/30/2024 $23,636 $23,636 Development service day drop -in center for critical No Services/CDBG homeless services Provide adaptive programming for Magical Bridge Foundataion 7/1/2024 6/30/2025 $150,000 Community Serivces people of all abilities. No HSRAP - Health services for low 30 Ravenswood Family Health Center 7/1/2019 6/30/2025 $161,250 $75,000 Community Services income, uninsured Palo Alto residents X No (MayView Clinic) /Human Services 31 MidPen Media Center 7/1/2020 6/30/2023 $800,000 $160,000 Administrative Services Cablecasting, production and No streaming services Item 2: Staff Report Pg. 12 Packet Pg. 19 of 378 Item 2 Attachment B - FY 2025 Nonprofit T B Service Agreements Over $10K No. Nonprofit Organization Name Current Contract Contract End Total Contract FY24 Contract Responsible Purpose HSRAP Lease* Start DATE Date Amount Department Amount Neighbors Abroad provides administrative support to help with website communications, social 32 Neighbors Abroad 9/30/2019 12/31/2021 $30,000 $30,000 City Manager media, finance and other admin No responsibilities in relation to the City's (8) Sister Cities Management of City's childcare 33 Palo Alto Community Child Care 7/1/2020 6/30/2025 $2,721,488 $577,207 Community Services subsidy program (formerly part of Yes /Human Services HSRAP) Management of the City's archives and facilitate public access to 34 Palo Alto Historical Association (PAHA) 7/1/2024 6/30/2025 $43,000 $43,000 Library information and materials relating to No City history SRO Resident Support. Provide in- house SRO Service Coordinator for 35 Alta Housing (formerly Palo Alto Housing 7/1/2023 6/30/2024 $14,000 $14,000 Planning & Development support counseling, employment No Corp) Services/CDBG assistance and crisis intervention 36 Alta Housing (formerly Palo Alto Housing 5/19/2023 6/30/2025 $356,556 $178,278 Planning Administration of the Below Market No Corp) Rate program. Based on Palo Alto Transportation Management annual budget Serving as Transportation 37 7/1/2023 6/30/2026 $242,000 Transportation Management Association for Palo No Association submitted Alto to Council Operating and Management 38 Pets In Need 4/1/2024 3/31/2029 7,373,516 $1,370,000 Community Services Agreement to operate the Animal No Shelter HSRAP - On -site support services for 39 Parents and Advocates of Remarkable 7/1/2023 6/30/2025 $27,982 $13,015 Community Services developmentally disabled adults living X No Children and Adults PARCH (PARCA) /Human Services in a residential program HSRAP - Provide basic needs through community -based services that target 40 Peninsula Healthcare Connection 7/1/2023 6/30/2025 $83,332 $38,759 Community Services the immediate health needs of hard X No /Human Services to reach individuals experiencing homelessness. I Item 2: Staff Report Pg. 13 , l Packet Pg. 20 of 378 Item 2 Attachment B - FY 2025 Nonprofit T B Service Agreements Over $10K No. Nonprofit Organization Name Current Contract Contract End Total Contract FY24 Contract Responsible Purpose HSRAP Lease Start DATE Date Amount Amount Department 41 Project Safety Net 9/1/2020 6/30/2025 $521,604 $100,000 Community Services Resource provider for youth and teen Yes mental health Landlord -Tenant Mediation Program 42 Project Sentinel 7/1/2024 6/30/2027 $238,947 $79,649 Community Services (formerly part of HSRAP) No /Human Services Fair Housing Services. Provide fair Planning & housing services including complaint 43 Project Sentinel 7/1/2023 6/30/2024 $18,000 $18,000 Development investigation, counseling, advocacy No Services/CDBG and community education 44 Senior Adults League Assistance (SALA) 7/1/2023 6/30/2025 $44,075 $20,500 Services/Human HSRAP - Legal Assistance to Elders X No Housing and Emergency Services. Planning & Assist low-income individuals and 45 Silicon Valley Independent Living Center 7/1/2020 6/30/2021 $16,500 $16,500 Development families in search for affordable, No Services/CDBG accessible housing 46 Catholic Charities of Santa Clara 7/1/2023 6/30/2024 $10,000 $10,000 Development Administration of the long-term care No ombudsman program Prevent overdose -related deaths in the city from the use of controlled substances by delivering harm Planning & reduction materials to individuals 47 Peninsula Healthcare Connection 7/1/2023 6/30/2024 $10,000 $10,000 Development who are homeless or who are at risk No Services/CDBG of homeless and from referrals Create safe and healthy homes in Palo Alto allowing the most vulnerable homeowners, especially Planning & lower income households, seniors, 48 Rebuilding Together Peninsula 7/1/2023 6/30/2024 $73,585 $73,585 Development and those with disabilities to remain No Services/CDBG in homes and communities 49 Stanford Hospital and Clinics 2/6/2020 2/5/2022 $45,000 $15,000 Fire Medical oversight for ambulance No transport services Facility agreements for use of Lucie 50 Theatre Partner Agreements (West Bay 7/1/2021 6/30/2024 $50,000 $50,000 Community Services Stern Theatre and payment of ticket No Opera, Palo Alto Players, TheatreWorks) surcharge to City ($4/ticket sold) Item 2: Staff Report Pg. 14 Packet Pg. 21 of 378 Item 2 Attachment B - FY 2025 Nonprofit T B Service Agreements Over $10K FY24 No. Nonprofit Organization Name Current Contract Contract End Total Contract Contract Responsible Purpose HSRAP Lease* Start DATE Date Amount Department Amount HSRAP - Empowers individuals who are blind or visually impared to Vista Center for the Blind or Visually Community embrace life through evaluation, 51 7/1/2023 6/30/2025 $101,499 $47,209 Services/Human X No Impaired counceling, education and training Services HSRAP - Youth well-being and Community leadership program services through 52 Youth Community Services 7/1/2023 6/30/2025 $93,300 $42,000 Services/Human X No Services community service projects HSRAP - Senior fitness programming Community and financial assistance for senior 53 YMCA of Silicon Valley 7/1/2023 6/30/2025 $21,500 $10,000 Services/Human memberships X No Services Youth Community Services (Youth 54 Connectedness 7/1/2024 6/30/2025 $50,000 $50,000 Community Services Funding for the Youth Connectedness No /Human Services Initiative Initiative) * Identified nonprofit organizations with a lease agreement. Item 2: Staff Report Pg. 15 Packet Pg. 22 of 378 Item 2 Attachment C - FY 2025 Nonprofit T C Lease Agreements Nonprofit Lease Agreements as of FY 2025 A Separate Total Space B Service Current Lease Lease End Leased Annual Rent No. Organization/Tenant Location Agreement Non -monetary public benefits Terms (Yrs) Lease Start Date Date* in Sq. Ft. (7/1/2024) Development and operation of a public garden center to provide horticultural 1 The Elizabeth Gamble Gamble No library, demonstration 31 -Aug- 31 -Aug- 100,188 $ classes and Gardens Property 1987 2038 gardens, etc. Upgrade, maintain, and operate a public ice skating facility and ancillary 26 -Jan - 2 Community Skating, Inc. Winter Lodge No 50 1 -Jan- 2040 162,479 $ services 1990 Office, dance studio, instruction and rehearsal uses 3 Dance Action Cubberley No Month to Month 1 -Jan- 2005 31 -Dec - 3,130 $ 63,965 2009 Office, dance studio, instruction and rehearsal uses 4 Hua Kuang Reading Room Cubberley No Month to Month 1 -Jan- 2005 31 -Dec - 672 $ 13,942 2009 Office, dance studio, instruction and rehearsal uses 5 Zohar 2006 Cubberley No Month to Month 1 -Jan- 2005 31 -Dec - 3,740 $ 78,560 2009 Office and child care uses The Children's Pre -School 31 -Jul - 6 Cubberley No Month to Month 1 -Aug- 2005 8,772 $ 39,167 Center 2009 Provide office and meeting space 7 California Pop Orchestra Cubberley No Month to Month 1 -Oct- 2016 31 -Dec - 720 $ 18,647 2019 Item 2: Staff Report Pg. 16 Packet Pg. 23 of 378 Item 2 Attachment C - FY 2025 Nonprofit T C Lease Agreements A Separate Total Space B Service Current Lease Lease End Leased Annual Rent No. Organization/Tenant Location Agreement Non -monetary public benefits Terms (Yrs) Lease Start Date Date* in Sq. Ft. (7/1/2024) Provide education to 9th through 12th grades 8 Living Wisdom School Cubberley No Month to Month 1 -Oct- 2016 31 -Dec- 1,320 $ 34,191 2019 Provide office and rehabilitation services for stroke survivors 9 Ability Path Cubberley No Month to Month 1 -Oct- 2016 31 -Dec- 3,000 $ 29,711 2019 Provide office and meeting space 10 Brainvyne Cubberley No Month to Month 1 -Nov- 2016 31 -Dec - 720 $ 18,647 2019 Provide office and meeting space 11 Palo Alto Soccer Club Cubberley No Month to Month 1 -Nov- 2016 31 -Dec- 954 $ 24,714 2019 Provide dance studio for dance education and performing arts 12 Dance Magic Cubberley No Month to Month 1 -Dec- 2016 31 -Dec- 1,008 $ 30,717 2019 Provide multicultural and multilingual programing; Education and Instruction 13 Minority TV Cubberley No Month to Month 1 -Jan- 2017 31 -Dec- 1,685 $ 17,970 2017 Operate a flight 14 West Valley Flying Club Airport No training and ground school; Provide 5 1 -Jul- 2017 30 -Jun - 3,227 $ 259,735 2022 Item 2: Staff Report Pg. 17 Packet Pg. 24 of 378 Item 2 Attachment C - FY 2025 Nonprofit T C Lease Agreements A Separate Total Space B Service Current Lease Lease End Leased Annual Rent No. Organization/Tenant Location Agreement Non -monetary public benefits Terms (Yrs) Lease Start Date Date* in Sq. Ft. (7/1/2024) Provide administrative services for all field program invention, advocacy, and 15 Palo Alto Humane Society Cubberley No education Month to Month 15 -Jul- 14 -Jul - 400 $ 5,746 2020 2025 A Separate Total Space B Service Current Lease Lease End Leased Annual Rent No. Organization/Tenant Location Agreement Non -monetary public benefits Terms (Years) Lease Start Date Date* in Sq. Ft. (7/1/2024) Operate a flight training and ground school; Provide commercial Aeronautical Activities (flight training, 20 -May- 16 Stanford Flying Club Airport No Month to Month N/A 530 $ 26,982 aircraft rental, facilitation 2021 thereof) Provide a beneficial service to the youth The Stanford Area Council 17 Lucie Stern No and community 8 -Dec- 1978 7 -Dec- 2028 2,246 $ - Boy Scouts of America Offer memberships, classes, recreational activities 18 Palo Alto Lawn Bowls Club Palo Alto No 1 -Jan- 2016 31 -Dec - 70,000 $ 15,128 Lawn Bowls 2025 Operate a historical museum and a park Museum of American Williams open to public 30 -Apr - 19 No 1 -May- 2017 6,565 $ 1 Heritage property 2043 Perform the project by developing and operating a facility to house EV's offices Sea Scout and programs and to provide various 23 -Oct- 22 -Oct - 20 Environmental Volunteers Yes 8,733 $ 1 Base educational and 2008 2048 training programs Item 2: Staff Report Pg. 18 Packet Pg. 25 of 378 Item 2 Attachment C - FY 2025 Nonprofit T C Lease Agreements A Separate Total Space B Service Current Lease Lease End Leased Annual Rent No. Organization/Tenant Location Agreement Non -monetary public benefits Terms (Yrs) Lease Start Date Date* in Sq. Ft. (7/1/2024) Rent is waived in consideration of SUBLESSEE's continued book and other Library sales Friends of Palo Alto Library which benefit and provide funds for 21 Cubberley Yes Month to Month 9 -Dec- 2009 8 -Dec- 2014 5,000 $ (Ground Lease 2009) Palo Alto Public Libraries Rent is waived in consideration of LESSEE's continued book and other Library sales and LESSEE's mission to 22 Friends of Palo Alto Library Cubberley funds for City 10 -Dec- 9 2015 $ Yes provide Month to Month -Dec- 5,000 (Ground Lease 2010) 2010 Libraries Space for book storage,office space and Friends of Palo Alto Library book and other Library related sales 31 -Dec - 23 Cubberley Yes Month to Month 6 -Nov- 2012 2,496 $ 24,830 (2012) 2014 Space for book storage,office space and book and other Library related sales 24 Friends of Palo Alto Library Cubberley Yes Month Month 1 2017 31 -Dec - 345 $ 3,330 to -Feb- (2017) 2019 Provide support services to organizations and individuals dedicated 25 PROJECT SAFETY NET Cubberley Yes to youth wellbeing and suicide Month to Month 26 -Oct- 25 -Oct - 469 $ 1 2020 2025 prevention. Provide support services to older adults and their caregivers; a broad range of activities and services responsive to the 26 Avenidas Downtown Yes interest and needs of 50 1 -Jan- 2015 1 -Jan- 2065 17,400 $ 1 senior citizens Item 2: Staff Report Pg. 19 Packet Pg. 26 of 378 Item 2 Attachment C - FY 2025 Nonprofit T C Lease Agreements A Separate Total Space B Service Current Lease Lease End Leased Annual Rent No. Organization/Tenant Location Agreement Non -monetary public benefits Terms (Yrs) Lease Start Date Date* in Sq. Ft. (7/1/2024) Provide support services to older adults and their caregivers 27 Avenidas H- 5 Cubberley Yes Month to Month 7 -Jul- 2020 6 -Jul- 2025 1,395 $ 23,963 Administration PA Alto support for benefits of providing quality 28 Players- Peninsula Center Lucie Stern Yes theater work for the 1 -Jul- 2015 31 -Aug -27 500 $ 17,950 Stage residents Provide child care related uses, services and activities Palo Alto Community Child 30 -Jun - 29 Ventura Yes Month to Month 1 -Jul- 2016 21,000 $ Care 2028 Provide child care related uses, services and activities 30 Palo Alto Community Child College Yes Month to Month 1 2016 31 -Dec - 2,000 $ Care Terrace -Jul- 2028 Provide child care related uses, services and activities Palo Alto Community Child 31 PAUSD Yes 2 1 -Jul -23 25 -Jul -25 15,240 $ 86,126 Care Habitat restoration and maintenance services to and operating a native plant nursery 32 Acterra Foothills Park No 1 -Sep -05 21 -Aug -21 23,087 $ Provide for Girl Scout and certain other Girl Scouts of Northern 33 Lucie Stern No public activities 3 1 -Apr -11 14 -Mar -14 8,472 $ California Item 2: Staff Report Pg. 20 Packet Pg. 27 of 378 Item 2 Attachment C - FY 2025 Nonprofit T C Lease Agreements A Separate Total Space B Service Current Lease Lease End Leased Annual Rent No. Organization/Tenant Location Agreement Non -monetary public benefits Terms (Yrs) Lease Start Date Date* in Sq. Ft. (7/1/2024) Construction and operation of Project 34 LifeMoves LATP Yes HomeKey, an 88 -unit emergency 9 1 30 59,242 $ 1 temporary housing shelter -Jul -23 -Jun -32 Renovate the Roth Building and operate a historic museum 35 Palo Alto History Museum Roth Building No 40 12 -Dec -22 31 -Dec -62 17,784 $ 1 Ada's Cafe Employment opportunities for adults 36 Mitchell Park Yes with developmental disabilities 5 6 -Dec -19 5 -Dec -24 578 6,18 Classes, programs, and services for participants having cardiovascular 37 HeartFit for Life Cubberley No disease and other medically -related Month to Month 1 -Oct -16 31 -Dec -19 2,146 $ 8,455 conditions * Under the Holding Over provision, an expired lease continues on a month -to -month basis subject to all terms and conditions of the expired lease until the parties execute a written extension to the lease or lessee surrenders the property. Item 2: Staff Report Pg. 21 Packet Pg. 28 of 378 Item 3 Item 3 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Police ALTO Meeting Date: October 28, 2024 Report #:2408-3392 TITLE Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front-line law enforcement expenses; CEQA status — not a project. RECOMMENDATION Staff recommends that the City Council: 1. Approve the acceptance of annual Citizens Options for Public Safety (COPS) funds from State of California, totaling $204,005; and 2. Amend the Fiscal Year 2025 Budget Appropriation (requires 2/3 approval) for the Supplemental Law Enforcement Services (SLES) Fund by: a. Increasing the estimate for revenue from the State of California by $204,005; b. Increasing Police Department expense appropriation for Supplies and Materials by $52,000; for Facilities and Equipment by $135,000; for Contract Services by $80,000; and c. Decreasing the ending fund balance by $62,995. EXECUTIVE SUMMARY Staff recommends that the City Council approve the acceptance of the annual State of California COPS FY 2025 funds, totaling $204,005 and amend the budget appropriation in the SLES Fund to spend the revenues. Staff also recommends appropriating unspent funding from previous years of $62,995. This funding went into the fund balance at the close of the previous fiscal years to be used for other eligible expenses. In total, $267,000 is recommended for supplies and materials, noncapitalized tools, and programs and services related to front-line law enforcement. BACKGROUND Every year since 1997, the State of California, by statute, allocates designated funds to counties, which pass funding through to cities, through a Citizens Options for Public Safety (COPS) program. This ongoing program is apportioned by a State statute and the level of funding is relative to the population as determined by the California Department of Finance. This funding Item 3: Staff Report Pg. 1 Packet Pg. 29 of 378 Item 3 Item 3 Staff Report is not related to the Federal Government Department of Justice "COPS" program with the same acronym. State law provides for four main requirements as written in Government Code sections 30025- 30029.12 and 30051-30063: 1) Each recipient (County and a City) is required to deposit the revenue into a separate fund so the funds are not co -mingled with the General Fund (Sec. 30063); and 2) the money shall be used for front line law enforcement services or municipal police services (Sec. 30061(c)(2)); and transfer to other funds is allowed provided it is to facilitate the use according to the code (Sec. 30063); and 4) the funds shall not supplant the city budget (Sec. 30062(a)). Previous uses of COPS funds have included restarting the Community Service Officer (CSO) program, electronic traffic citation system, equipment upgrades, safety equipment, police training, staff wellness testing, police recruiting, upgrades to patrol vehicles, and upgraded tools and technology, all benefiting front line law enforcement services or municipal police services for the City of Palo Alto. According to State staff, the source of funding is vehicle license fees. Specific allocations are directed by the Department of Finance, in accordance with the Government Code, while the distributions are made by the State Controller's Office. There are two parts to the distribution: A. A semi -permanent component based on a minimum funding level for the program, paid monthly and; B. A growth component for funds (referred to as Growth Fund) in excess of the minimum base, paid one-time the following year after reconciliation. Staff identified excess fund balance in this SLES fund in FY 2022 and is working to determine appropriate needs and uses for public safety services. Fund balance has accumulated due to higher than estimated revenues from a change in State law that increased funding and because projects or programs previously identified did not require the funding set -aside or did not materialize. Most of those previously planned expenses were for non -mandatory training and recruiting which did not occur due to insufficient backfill staffing to support these while maintaining necessary minimum staffing levels for daily service delivery. The most recent fund balance, $659,000, can be found in the FY 2023 Annual Comprehensive Financial Report' and an electronic copy of the auditor report on the City's website2. 1 City Council, January 16, 2024; Agenda Item #5, SR # 2311-2230 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82637 2 City of Palo Alto FY 2022-2023 Annual Comprehensive Financial Reporting beginning on pg 113 https://www.cityofpaIoaIto.org/files/assets/public/v/1/ad mi nistrative-services/city-budgets/fy-2023-city- budget/fy-2023-annual-comprehensive-financial-report.pdf Item 3: Staff Report Pg. 2 Packet Pg. 30 of 378 Item 3 Item 3 Staff Report ANALYSIS The City recently received the annual notice of COPS funding, for distribution in Fiscal Year 2024-2025, of $104,9693). Further, the Growth Fund portion (distribution B above) was reported and funded $99,0364. Staff recommends use of this year's expected COPS funds, along with a portion of the existing fund balance, for a total amount of $267,000 ($204,005 in revenue and $62,995 in existing fund balance), in the following manner(s) which are compliant with the law. All expenses below are Revenue $204,005 estimated. Fund Balance $ 62,995 Total Source $267,000 Wellness and Training wellness and Training BackgroundingSoftware $ 10,000 The Department currently uses a manual Training Module $ 10,000 system for tracking progress in background wellness/Peer Support Program $ 50,000 investigations of potential police officers and Simunition pistols $ 15,000 training of existing police officers. This will Safety equipment fund management software for tracking Air Resporator Mask $ 20,000 progression as well as alerting to due dates, Body Worn Audio/Video Recording $ 12,000 deadlines, and updated policy. Conductive Energy Weapons $ 25,000 Patrol Rifles $ 70,000 To expand the Wellness Program the Traffic enforcement department seeks professional services for eCite Total use $ 25,000 $217,000 ongoing Peer Support team training and acute mental health support and diffusing of critical incidents for staff. The Department purchased updated handguns with last years COPS allocation. This year the purchase of training handguns of the same type for use in training settings is recommended. Use of these tools, which fire only non -lethal marking rounds, mitigates the danger inherent in using actual handguns in training settings, and the training handguns will be compatible with current holsters. Safety Equipment In recent years, COPS funds provided for the upgrade of certain tools such as respirator masks, body worn cameras, and conductive energy weapons (often referred to by the brand name "Taser"). Additional funding is recommended to augment the previous purchase of conductive energy weapons as more officers have been hired since the last update and replacement of broken tools. In alignment with law enforcement industry standard, all police officers are outfit with patrol rifles as standard equipment (by practice not policy) following specialized rifle 3 State of California Department of Finance September 12, 2024 pg. 13 https://www.sco.ca.gov/Files-ARD-Payments/copsdofletter 2425.pdf 4 State of California Citizens Option for Public Safety Growth Allocation Report For COPS and Juvenile Justice (FY2023-2024) Spreadsheet, sheet "Front Line City Breakdown", row 499, column F https://www.sco.ca.gov/ard payments cops growth.html Item 3: Staff Report Pg. 3 Packet Pg. 31 of 378 Item 3 Item 3 Staff Report training. Use of rifles is managed by the following policies: 300(all), 312.4.4, 312.4.5, 424.3, 424.7, 432 (all), 716.7, 1004.2, 1004.7.1.5 An inventory sufficient to equip each officer is maintained, the current inventory of rifles is 64, on average, 15-20 years old. Because of the long life of the equipment, funding for replacement typically relies on grant money, such as the COPS grant, and therefore funding is recommended to be used for the replacement of patrol rifles. As standard issue patrol equipment, patrol rifles are not subject to the requirements of AB 481. Traffic Enforcement In recent years, the Department used COPS funds to purchase electronic citation devices for traffic enforcement. The Department requests to increase the available devices from 13 to 17 so more officers can use these efficient devices to conduct traffic enforcement. POLICY IMPLICATIONS Palo Alto Municipal Code 2.28.080 requires a two-thirds vote by Council to accept the funds and amend the budget. The California Government Code would limit how SLES funds are redistributed. As with the acquisition of any goods or services by the City, the purchasing process will be subject to City purchasing policy manual as established in the municipal code under the direction of the Chief Procurement Officer. Any purchase that is surveillance technology is subject to provisions of the Municipal Code during the purchase process. None of the proposed uses here are considered surveillance technology nor are considered military equipment and subject to reporting according to AB 481. FISCAL/RESOURCE IMPACT This activity directly impacts only the Supplemental Law Enforcement Services (SLES) Fund. The City has received revenue each year under this program since its inception. To receive the revenue into the SLES Fund, Council's approval is required according to the Municipal Code (PAMC 2.30.360) and the State Government code referenced above. Revenues of $204,005 are recommended to be recognized in the SLES Fund. A total of $267,000 of expenditures are anticipated as described previously in the memorandum, including the use of $62,995 from the existing fund balance. There will be no impact to the General Fund as ongoing maintenance costs, if any, for the items purchased by the SLES Fund will be absorbed in the Department's existing budget, otherwise, the activities will stop when the SLES funds are spent in full. STAKEHOLDER ENGAGEMENT None 5 Palo Alto Police Department Policy Manual https://www.cityofpaloalto.org/Departments/Police/Public-Information-Portal/Police-Policy-Manual Item 3: Staff Report Pg. 4 Packet Pg. 32 of 378 Item 3 Item 3 Staff Report ENVIRONMENTAL REVIEW Acceptance of COPS funding and the proposed expenditures for public safety equipment are not projects subject to CEQA review. ATTACHMENTS None APPROVED BY: Andrew Binder, Police Chief Item 3: Staff Report Pg. 5 Packet Pg. 33 of 378 Item 4 Item 4 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Transportation Meeting Date: October 28, 2024 Report #:2409-3490 TITLE Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not -To -Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status — Categorically Exempt (CEQA Guidelines Section 15301). RECOMMENDATION Staff recommends that the City Council: 1. Approve and authorize the City Manager or their designee to execute the linked construction contract with Tennyson Electric, LLC, Contract No. C251910071, in an amount not to exceed $453,300 for Construction Services on Quarry Road as part of the Transportation and Parking Improvements project (PL -12000) and Traffic Signals and Intelligent Transportation Services (ITS) project (PL -05030); and 2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Tennyson Electric, LLC, for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $45,330. EXECUTIVE SUMMARY The contract for construction and electrical services will furnish and install traffic signal hardware and to improve operational improvements including updated traffic signal cabinets, modern detection systems, and accessible pedestrian system push buttons. The project addresses the need to update the aging traffic signal infrastructure that has not been upgraded for at least 20 years along Quarry Road, an important roadway connecting the Palo Alto 1 https://www.cityofpaloalto.org/files/assets/public/v/3/transportation/city-council-docs/c25191007-guarry-rd- improvement-prolect.pdf Item 4: Staff Report Pg. 1 Packet Pg. 34 of 378 Item 4 Item 4 Staff Report community, Stanford Medical and shopping centers, and Stanford University. This project aligns with the Fiscal Year 2025 Adopted Capital Improvement Plan (CIP) budget for the Traffic Signal and ITS Improvements project (PL -05030), and Parking & Transportation Improvements project (PL -12000). BACKGROUND The City of Palo Alto maintains and operates 102 traffic signals throughout Palo Alto and the Stanford University Campus. Each traffic signal, and signal timing and operations, requires regular upkeep as well as modernization to current standards and operational practices as technology and operations evolve. Traffic signal hardware generally has a lifespan between ten(10) to 25 years, including items such as traffic signal cabinets, vehicle detection systems, and pedestrian push buttons. Quarry Road is an important roadway where coordination and optimization of the traffic signals has not been updated nor used for at least 20 years. Due to the characteristics of this project, it was awarded $250,000 in regional funding from the Valley Transportation Authority's (VTA) Vehicle Registration Fee (VRF) funding distribution program. The aging infrastructure, the importance of connections, and the need for modernization made this a competitive project for these funds. The remainder of the costs (approximately $248,630) are anticipated to be paid from Santa Clara County 2016 Measure B — Local Streets and Roads (LSR) funding program. This project will update the traffic signal hardware and operations at four intersections: • Quarry Road and Vineyard Lane • Quarry Road and Arboretum Avenue • Quarry Road and Sweet Olive Lane • Quarry Road and Palo/Pear Avenue ANALYSIS The City released an Invitation for Bids (IFB) number 191007 on June 27, 2024, for Construction and Electrical Services and the City received four (4) bids in response to the IFB. The bid received was competitive with current trending rates and the bidder provided for the costs of each sample task, as defined in the Scope of Work (see linked contract). Staff has reviewed and accepted the bid submitted and declares Tennyson Electric, LLC as the lowest responsive bidder. The bid amount is $453,300 and an additional ten percent ($45,330) for potential contingencies. The tasks defined in the scope of work include furnishing and installing various traffic signal hardware and implementation of an Automated Traffic Signal Performance Measure (ATSPM) at one of the intersections. Staff along with existing on -call contractors will follow the hardware upgrades with the development and implementation of an optimized coordinated timing plan. Item 4: Staff Report Pg. 2 Packet Pg. 35 of 378 Item 4 Item 4 Staff Report The City has verified the Tennyson Electric, LLC contractor license, and contacted references. The company is in good standing with the State of California with its registration with the Department of Industrial Relations (DIR) and California Secretary of State and Contractor State License Board (CSLB). In addition, Tennyson Electric, LLC has recently provided exceptional work in Palo Alto as well as the nearby Cities of Cupertino and Mountain View and is familiar with all required City Standards and Specifications, as well as the California Manual of Uniform Traffic Control Devices. Table 1 below summarizes the invitation for bids process. Bid Name/Number IFB 191007 Quarry Road Operational Improvement Project Proposed Length of Project 2 -years after Contract Execution Number of Bid Packages downloaded by Contractors 4 Number of Bid Packages downloaded by Builder's Exchanges 22 Total Days to Respond to Bid 27 Pre -Bid Meeting No Number of Bids Received: 4 Public Link to Solicitation https://procurement.opengov.com/port a l/pa l o-alto-ca/projects/100291 Bid Price Range $453,300 to $1,500,000 FISCAL/RESOURCE IMPACT Funding for this contract is available in the Fiscal Year 2025 Adopted Capital Improvement Plan (CIP) budget for the Traffic Signal and ITS Improvements project (PL -05030), and Parking & Transportation Improvements project (PL -12000). The Quarry Road Traffic Signals and ITS project will be funded by the above Capital Improvement Projects through competitively awarded VRF funding in the amount of $250,000 that was recognized in PL -05030 as part of the FY 2025 Adopted Budget. The remainder of the costs, approximately $248,630, is anticipated to be reimbursable with City allocated Measure B — LSR funds that was recognized in PL -12000 as part of the FY 2025 Adopted Budget. No additional budgetary action is required. STAKEHOLDER ENGAGEMENT Staff has outreached and maintained communication regarding this project with Stanford University's Transportation and Environmental Planning department as a key stakeholder and owner of adjacent land uses. Staff has also coordinated the scope of this project with the Santa Clara County Valley Transportation Authority (VIA) as a key funding stakeholder and the City's Item 4: Staff Report Pg. 3 Packet Pg. 36 of 378 Item 4 Item 4 Staff Report Electric Utilities and Public Works Departments. System upgrade projects of this type do not typically include additional community outreach. ENVIRONMENTAL REVIEW This contract and associated work qualify for a Categorical Exemption under CEQA Guidelines section 15301 (existing facilities). No trees will be removed, and all work will occur within the existing public right-of-way. The contract will result in the minor alteration of existing traffic signals and pedestrian crossing facilities. APPROVED BY: Philip Kamhi, Chief Transportation Official Item 4: Staff Report Pg. 4 Packet Pg. 37 of 378 Item 5 Item 5 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Public Works ALTO Meeting Date: October 28, 2024 Report #:2408-3389 TITLE Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not -to -Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not -to -Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not -to -Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002); CEQA Status — Exempt Under Section 15301 RECOMMENDATION Staff recommends that the City Council: 1. Approve and authorize the City Manager or their designee to execute construction contract C25192135 with Anderson Pacific Engineering Construction, Inc., (APEC), in the amount of $6,215,000 for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Construction Contract, funded in the Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002) at the Regional Water Quality Control Plant (RWQCP); 2. Authorize the City Manager or their designee to execute one or more change orders to the contract with APEC, for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $621,500; and 3. Approve and authorize the City Manager or their designee to execute Amendment No. 5 to contract C21176592C with Carollo Engineers, Inc. to provide construction management and inspection services during construction for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Construction Project funded in the Plant Repair, Retrofit, and Equipment Replacement project (WQ-19002) in an amount not -to - exceed $1,314,192. The revised total contract amount is not to exceed $14,695,384 including $1,194,720 for basic services and $119,472 for additional services. Item 5: Staff Report Pg. 1 Packet Pg. 38 of 378 Item 5 Item 5 Staff Report EXECUTIVE SUMMARY The Regional Water Quality Control Plant (RWQCP) capital program includes the rehabilitation of the 12 -kV Electrical Power Distribution Loop. In addition to the construction contract, specialized services to manage the construction and inspection of the construction contract work are required. These services are an extension of staff and essential for providing quality assurance that the City is receiving the as -designed infrastructure in a transparent, efficient, and coordinated manner. BACKGROUND The RWQCP obtains electrical power from the City of Palo Alto Utilities (CPAU) Department. Onsite distribution of the medium voltage power is through a radial 12,470 -volt (12kV) underground distribution system, which feeds ten power distribution load centers where the voltage is transformed from 12kV down to 480 volts. The 480 -volt power is the key power supply for the RWQCP's industrial treatment equipment. The 12kV distribution system has feeder distribution cables installed around 1980. The 12kV cables, the existing load centers, and 12kV electrical switches are at the end of their useful life and in need of replacement. In July 2012, the City adopted the Long Range Facilities Plan (LRFP), which provided a roadmap for future improvements at the RWQCP.' This project is one of the projects recommended by the LRFP. Based on consultation with CPAU, replacement of the aging electrical infrastructure at the RWQCP is needed to maintain reliably safe operation. The design of the 12kV Electrical Power Distribution Loop Rehabilitation Project (Project) was completed in April 2022 under a separate contract (C19170648) with Salas O'Brien Engineers approved by Council in October 2018.2 The Project includes replacement of aging electrical cables, pad -mounted switches, and load centers. Work includes construction of elevated equipment pads to protect electrical equipment in compliance with the City's Sea Level Rise policy. The Project design includes plant -wide electrical system harmonic assessments and arc -flash hazard risk assessments. Contract documents include a sequence of work that allows the construction work to be commenced in seven phases to allow for coordination with other RWQCP ongoing and upcoming capital program projects. The construction work completed under Bid Package 1 included construction of the critical Phases 1 and 5 of the project, both of which began in 'City Council, July 2, 2012; SR #2914 https://www.cityofpaloalto.org//files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- c m rs/yea r-archive/2012/i d-2914. pdf 2 City Council, October 15, 2018; SR #9274 https://www.cityofpaloalto.org//files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cm rs/yea r -a rch ive/2018/id-9274-design-services-for-wgcp-medium-voltage-electrical-distribution-network- rehabilitation.pdf Item 5: Staff Report Pg. 2 Packet Pg. 39 of 378 Item 5 Item 5 Staff Report January 2023 and are now substantially complete. The new construction package, known as Construction Bid Package 2, covers work under the remaining Phases 2, 3, 4, 6, and 7. ANALYSIS The 12kV Electrical Power Distribution Loop Rehabilitation Project design included seven phases of work that were planned and sequenced to coordinate with other RWQCP ongoing capital projects. Under Bid Package 2, the contractor will construct Phases 2, 3, 4, 6, and 7, including: • the replacement of electrical switchgear, replacement of CPAU Service Entrance Cabinet No. 2, and replacement of associated conductors; • installation of temporary conductors and conduits during shutdown and switchover; • demolition of existing equipment (switchgear, electrical switches, CPAU Service Entrance Cabinet); • site preparation work such as vegetation, pavement, and curb removal; • site civil grading; • installation of elevated equipment pads in conformance with the City's Sea Level Rise Policy; • installation of 40 -feet deep foundation piers; and • other miscellaneous work as specified in the contract documents. Construction Bid Process On July 16, 2024, the City solicited formal bids from qualified contractors for the 12kV Electrical Power Distribution Loop Bid Package 2 Project. The bid solicitation requested base bids for Phases 2 and 3, with Phases 4, 6, and 7 as add alternate bid items (see Table 1). The bidding period was 24 calendar days. Two bids were received on August 9, 2024, with bid prices ranging from $6,215,000 to $6,450,000 as listed in the Bid Summary (Attachment B). These bid prices are inclusive of the base bid items as well as all add alternative bid items. Both bids are about $2.2 million below the Engineer's cost estimate of $8.42 million. Bid Name/Number 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project (IFB No. 192135) Length of Project 27 months after Notice to Proceed # of Bid Packages downloaded by Contractors 41 # of Bid Packages downloaded by Builder's Exchanges 2 Total Days to Respond to Bid 24 Pre -Bid Meeting Yes Item 5: Staff Report Pg. 3 Packet Pg. 40 of 378 Item 5 Item 5 Staff Report # of Companies Attending Pre -Bid Meeting 7 # of Bids Received 2 Base Bid & Add Alternate B is Items Price Range $6,215,000 - $6,450,000 Staff has reviewed all bids submitted and recommends the bid of $6,215,000 submitted by APEC be accepted, and APEC be declared the lowest responsible bidder. A notice of Intent to Award was issued to APEC and a construction contract (C25192135) with APEC, in the amount of $6,215,000 has been prepared.3 The bid is 26% below the engineer's estimate of $8,420,000. The engineer's estimate overestimated the costs of electrical gear based on experience with previous high pricing and long lead times, typical during COVID and post-COVID timeframe. Electrical gear supply chain and pricing issues have improved in recent years. Also, the low bid contractor received a very good price on the new CPAU Service Entrance Cabinet, and a volume discount for the project's five electrical switches. A contingency amount of $621,500 (10% of the bid price) is recommended for related, additional but unforeseen work that may develop during the project. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. Selection of a Construction Management Firm On June 2, 2021, Council approved five separate contracts (Contract C21179265 — with MNS Engineers, Inc.; CDM Smith; Carollo Engineers, Inc.; MCK Americas, Inc.; and Tanner Pacific, Inc.) for construction management and inspection services.4 They were initially set at a not -to - exceed amount of $1 per contract to allow the City to select the firm that will provide qualified consultants for on -call services during construction of individual capital projects recommended by the LRFP. Services to be used are on a per -project basis, at the City's discretion. On July 9, 2024, staff provided each of the five (5) construction management consultants a scope of services with a list of tasks needed for Bid Package 2 (i.e., Work Order #2B). One proposal was received from Carollo Engineers, Inc. with a price of $1,194,720 as listed in the Work Order Proposal Summary (see Table #2). Some of the construction management consultants previously indicated they would not be submitting a proposal because they were not well -positioned for the work at the time or were nonresponsive to the request. 3 Anderson Pacific Construction Contract for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project C25192135 https://www.cityofpaloalto.org//files/assets/public/v/1/pu blic-works/staff-reports-all/2024/anderson- pacific cc.pdf 4 City Council, June 21, 2021; SR #12324 https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports- c m rs/yea r -a rc h ive/2021/i d-12324. pdf Item 5: Staff Report Pg. 4 Packet Pg. 41 of 378 Item 5 Item 5 Staff Report Request for Work Order Proposal Issued July 9, 2024 Deadline for Questions, Clarifications July 23, 2024 Proposals Due July 30, 2024 Proposals Received 1 Finalist Identified 1 Proposal Price $1,194,720 APEC and Carollo Engineers, Inc. were the low bid and selected construction manager, respectively, for the construction of Bid Package 1, as approved by Council in November 2022.5 As noted previously, Bid Package 1 is substantially complete. Staff reviewed the proposal and discussed the scope of work with Carollo Engineers, Inc. Carollo Engineers, Inc. has performed well in managing the Bid Package 1 construction. Carollo Engineers, Inc. has qualified staff and a thorough understanding of the scope and complexity of the work and therefore, staff recommends awarding Bid Package 2 construction management to Carollo Engineers, Inc. (Attachment A). Bid package 2 work includes construction coordination of the electrical project and other onsite capital improvements during the term of the work, requiring specialists to support the coordination of complex shutdowns and commissioning ensuring alignment with Public Works staff and the construction contractor. Learning from the contract management and complexity during bid package 1, staff recognizes more operations support is required for the project; the electrical shutdowns are time consuming and require significant pre -planning and coordination, interfering with day-to-day operations preventative maintenance tasks. Therefore, this scope of work reflects increased support from the construction management contract team to assist Operations staff and Carollo. The construction work for the Bid Package 2 project is anticipated to be complete by December 31, 2026. FISCAL/RESOURCE IMPACT Funding required for this construction contract and contract amendment is available in the Fiscal Year 2025 Adopted Wastewater Treatment Fund Capital Improvement Program Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002). Palo Alto treats the combined wastewater from Palo Alto, Los Altos, Los Altos Hills, Mountain View, Stanford University, and East Palo Alto Sanitary District. Palo Alto's share of this project is approximately 37% and the other five agencies' share is approximately 63%, based on volume and strength of wastewater contribution of each partner. The $6,836,500 for the construction contract and the 5 City Council, November 14, 2022; SR #14602 https://www.cityofpaloalto.org//files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- c m rs/2022/i d.-14602. pdf Item 5: Staff Report Pg. 5 Packet Pg. 42 of 378 Item 5 Item 5 Staff Report $1,320,396 for the construction management contract amendment is the combined cost for all the partners, a total of $8,156,896 (Palo Alto's share is $3,018,051). The Palo Alto Wastewater Collection Fund's share of this project's expense is already in that fund's budget and this project will receive reimbursement by Valley Water for Palo Alto's share of the project per the GP5 Agreement6. STAKEHOLDER ENGAGEMENT This project is part of the RWQCP's minor capital improvement program funded by Palo Alto and its five additional partner agencies. The five partner agencies are regularly updated about both the need for and the progress on wastewater treatment capital work. Updates are provided each year at an annual meeting and at other periodic meetings established to inform partner agency staff about the minor capital improvement program. This project has been part of that process. Additionally, RWQCP staff has routinely coordinated feedback from Utilities Department electrical staff via project reviews. ENVIRONMENTAL REVIEW The project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, subsections (b) and (e)(1), Existing Facilities, as it involves the repair and maintenance of an existing publicly owned utility used to provide sewerage treatment services with a minor addition to an existing building and no or negligible expansion of use. ATTACHMENTS Attachment A: Amendment No. 5 to Contract No. C21179265C with Carollo Engineers, Inc. Attachment B: Bid Summary for IFB No. 192135 APPROVED BY: Brad Eggleston, Director Public Works/City Engineer 6 City Council, June 3, 2024; Agenda Item #6; SR #2404-2877 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82864 Item 5: Staff Report Pg. 6 Packet Pg. 43 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C AMENDMENT NO. 5 TO CONTRACT NO. C21179265 with Carollo Engineers, BETWEEN THE CITY OF PALO ALTO Inc. AND CAROLLO ENGINEERS, INC. This Amendment No. 5 (this "Amendment") to Contract No. C21179265C (the "Contract" as defined below) is entered into as of October 28, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and CAROLLO ENGINEERS, INC., a California corporation, located at 2795 Mitchell Drive, Walnut Creek, CA 94598 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RFCITAI C A The Contract (as defined below) was entered into by and between the Parties to provide construction management and inspection services on an on -call, as -needed, time -limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein. B. The Parties entered into Amendment No. 1 to add Task 2 services (referred to as Work Order No. 2) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1 Project, and to increase compensation by Six Hundred Four Thousand Two Hundred Forty -Six Dollars ($604,246.00), from One Dollar ($1.00) to Six Hundred Four Thousand Two Hundred Forty -Seven Dollars ($604,247.00), as detailed therein. C The Parties entered into Amendment No. 2 to (1) extend the contract term through March 31, 2028; (2) add Task 3 services (referred to as Work Order No. 3) for Construction Management Services for the Secondary Treatment Upgrades Project; and (3) increase compensation by Eight Million Two Hundred Thirty -Seven Thousand Twenty -One Dollars ($8,237,021.00), from Six Hundred Four Thousand Two Hundred Forty -Seven Dollars ($604,247.00) to Eight Million Eight Hundred Forty -One Thousand Two Hundred Sixty -Eight Dollars ($8,841,268.00), as detailed therein. D. The Parties entered into Amendment No. 3 to (1) add Task 1A services (referred to as Work Order No. 1A) for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project; and (2) increase compensation by Three Hundred Eighty -Eight Thousand Five Hundred Thirty -Eight Dollars ($388,538.00), from $8,841,268.00 to Nine Million Two Hundred Twenty -Nine Thousand Eight Hundred Six Dollars ($9,229,806.00), as detailed therein. Page 1 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 7 Packet Pg. 44 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C E. The Parties entered into Amendment No. 4 to (1) add Task with Carollo Engineers, to as Work Order No. 5) for Construction Management Services Inc. anced Water Purification System; (2) increase compensation by Four Million One Hundred Fifty -One Thousand Three Hundred Eighty -Six Dollars ($4,151,386.00), from Nine Million Two Hundred Twenty -Nine Thousand Eight Hundred Six Dollars ($9,229,806.00) to Thirteen Million Three Hundred Eighty -One Thousand One Hundred Ninety -Two Dollars ($13,381,192.00); (3) add Haley & Aldrich, Inc. as a subcontractor; and (4) add Exhibit C-2 Schedule of Rates, as detailed herein. F. The Parties now wish to amend the Contract in order to (1) add Task 6 services (referred to as Work Order No. 2B) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project ; (2) increase compensation by One Million Three Hundred Fourteen Thousand One Hundred Ninety -Two Dollars ($1,314,192), from Thirteen MillionThree Hundred Eighty -One Thousand One Hundred Ninety -Two Dollars ($13,381,192.00) to Fourteen Million Six Hundred Ninety -Five Thousand Three Hundred Eighty -Four Dollars ($14,695,384.00); and (2) add Exhibit C-2 Schedule of Rates, as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C21179265C between CONSULTANT and CITY, dated June 14, 2021, as amended by: Amendment No. 1, dated November 7, 2022 Amendment No. 2, dated December 5, 2022 Amendment No. 3, dated October 16, 2023 Amendment No. 4, dated June 10, 2024 b. OtherTerms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4 "NOT TO EXCEED COMPENSATION" of the Contract is hereby amended to read as follows: "The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY's project -specific Task Orders under the process described in Exhibit A. 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 Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under one Page 2 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 8 Packet Pg. 45 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C or more Task Orders not to exceed Fourteen Million Six Hundred Ninet with Carollo Engineers, hree Hundred Eighty -Four Dollars ($14,695,384.00) over the term of the Agree Inc. lified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY. The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES" and Exhibit C-2, entitled "SCHEDULE OF RATES, AMENDMENT NO. 5." 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. A. The City has selected CONSULTANT to perform Work Order #2, for Construction Management and Inspection Services forthe Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 1 Project, in the amount not to exceed Five Hundred Forty -Nine Thousand Three Hundred Fifteen Dollars ($549,315.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2 shall not exceed Six Hundred Four Thousand Two Hundred Forty -Seven Dollars ($604,247.00). B. The City has selected CONSULTANT to perform Work Order #3, for Construction Management Services for the Secondary Treatment Upgrades Project, in the amount not to exceed Seven Million Four Hundred Eighty -Eight Thousand Two Hundred One Dollars ($7,488,201.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #3 shall not exceed Eight Million Two Hundred Thirty -Seven Thousand Twenty -One Dollars ($8,237,021.00). C The City has selected CONSULTANT to perform Work Order #1A, for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project, in the amount not to exceed Two Hundred Forty -Six Thousand Seven Hundred Dollars ($246,700.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Three Hundred Eighty -Eight Thousand Five Hundred Thirty -Eight Dollars ($388,538.00). D. The City has selected CONSULTANT to perform Work Order #5, for Construction Management Services for the Local Advanced Water Purification System, in the amount not to exceed Three Million Seven Hundred Seventy -Three Thousand Nine Hundred Eighty -Seven Dollars ($3,773,987.00). CONSULTANT agrees to complete all Basic Page 3 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 9 Packet Pg. 46 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C Services, including reimbursable expenses, within this amouni with Carollo Engineers, itional Services (as defined below) are authorized, the total compen Inc Jvices, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Four Million One Hundred Fifty -One Thousand Three Hundred Eighty -Six Dollars ($4,151,386.00). E. The City has selected CONSULTANT to perform Work Order #2B, for Construction Management and Inspection Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 2 Project, in the amount not to exceed One Million One Hundred Ninety -Four Thousand Seven Hundred Twenty Dollars ($1,194,720.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2B shall not exceed One Million Three Hundred Fourteen Thousand One Hundred Ninety -Two Dollars ($1,314,192.00). ® Optional Additional Services Provision (This provision applies only if checked and a not -to - exceed compensation amount for Additional Services is allocated below underthis Section 4.) In addition to the not -to -exceed compensation specified above, CITY has set aside the not -to - exceed compensation amount of Fifty -Four Thousand Nine Hundred Thirty -Two Dollars ($54,932.00) for the performance of Additional Services for Work Order #2; Seven Hundred Forty -Eight Thousand Eight Hundred Twenty Dollars ($748,820.00) for Work Order #3; One Hundred Forty -One Thousand Eight Hundred Thirty -Eight Dollars ($141,838.00) for Work Order #1A; Three Hundred Seventy -Seven Thousand Three Hundred Ninety -Nine Dollars ($377,399.00) for Work Order #5; and One Hundred Nineteen Thousand Four Hundred Seventy -Two Dollars ($119,472.00) for Work Order 2B. The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Fourteen Million Six Hundred Ninety -Five Thousand Three Hundred Eighty -Four Dollars ($14,695,384.00), 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 in a Task Order issued under 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. Page 4 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 10 Packet Pg. 47 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Compensation for Additional Services shall be specified by CITY in t whichever is lowest: the compensation structure set forth in Exhib forth in Exhibit C-1, or a negotiated lump sum. ontract No. C21179265C with Carollo Engineers, Inc. ed on Ems set 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 CONSULTANTfor 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 inthis Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement." SECTION 3. Section 12 "SUBCONTRACTING" of the Contract is hereby amended to read as follows: "®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: Silveira Consulting Salimi Construction (removed as of Amendment No. 5) Management Bay Area Coating Consultants, Inc. BSK Associates Haley & Aldrich, Inc. 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 4. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit "A-4" entitled "PROFESSIONAL SERVICES TASK ORDER NO. 2B, AMENDMENT NO. 5" (ADDED). b. Exhibit "B" entitled "SCHEDULE OF PERFORMANCE, AMENDMENT NO. 5" (AMENDED, REPLACES PREVIOUS) Page 5 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 11 Packet Pg. 48 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C with Carollo Engineers, c. Exhibit "C" entitled "COMPENSATION, AMENDMENT NO. 5,' Inc. LACES PREVIOUS). d. Exhibit "C-2" entitled "SCHEDULE OF RATES, AMENDMENT NO. 5," (ADDED). SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. 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.) Page 6 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 12 Packet Pg. 49 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to SIGNATURES OF THE PARTIES -ontract No. C21179265C with Carollo Engineers, Inc. IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager or Designee APPROVED AS TO FORM: City Attorney or Designee Attachments: CAROLLO ENGINEERS, INC. Officer 1 Signed by: B 4 I ,1.tJ,1A. 9B7DA73AQ85 451 Ric Chan, Senior Vice President Name: Senior Vice President Title: Officer 2 Signed by: B QIn,IAL f. PV,�.LL F7A59c 1I1l 4EE. Prudhel Name: Title: Executive Vice President Exhibit "A-4": PROFESSIONAL SERVICES TASK ORDER NO. 2B, AMENDMENT NO. 5 (ADDED) Exhibit "B": SCHEDULE OF PERFORMANCE, AMENDMENT NO.5 (AMENDED, REPLACES PREVIOUS) Exhibit "C": COMPENSATION, AMENDMENT NO. 5 (AMENDED, REPLACES PREVIOUS) Exhibit "C-2": SCHEDULE OF RATES, AMENDMENT NO. 5 (ADDED) Page 7 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 13 Packet Pg. 50 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to EXHIBIT "A-4 PROFESSIONAL SERVICES TASK ORDER NO. 2B, AMEND (ADDED) ontract No. C21179265C with Carollo Engineers, Inc. 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. C21179265C 1A. MASTER AGREEMENT NO.: C21179265C 1B. TASK ORDER NO 2B: Work Order No. 2B for Construction Management Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 2 Project 2. CONSULTANT NAME: CAROLLO ENGINEERS, INC. 3. PERIOD OF PERFORMANCE: START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: 12/31/2026 4 TOTAL TASK ORDER NO. 2A PRICE: $1,194,720.00 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0 5. WBS/CIP: WQ-19002 6. CITY PROJECT MANAGER: Tom Kapushinski Public Works Department, Environmental Services Division, RWQCP 7. DESCRIPTION OF SCOPE OF SERVICES 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: Task Order No. 2B Scope of Services, including Schedule of Performance and Compensation Schedule TASK ORDER #2B SCOPE OF SERVICES A. General Requirements 1. For any work which requires licensing, the Proposers shall be appropriately licensed in accordance with the laws of the State of California. The cost for any required licenses or permits shall be the responsibility of the successful Proposers. 2. CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight of the project to ensure that the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. CONSULTANT shall prepare and distribute a Project Management Plan to include schedule, Page 8 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 14 Packet Pg. 51 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C budget, roles, contracts and procedures. with Carollo Engineers, 3. At the beginning of each month, CONSULTANT shall submit to the & Inc. s for the cost incurred during previous month; including subconsultant and expenses. 4. CONSULTANT shall prepare and submit monthly invoice packages to the City. The City prefers processing CONSULTANT pay requests that cover one calendar month. Monthly invoice packages are to include a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified. B. Preconstruction Phase Tasks 1. CONSULTANT shall perform reviews of construction drawings and specifications at varies levels of design, as assigned by the CITY with focus on constructability of the project. At a minimum, the CONSULTANT shall provide and log comments regarding the plans, specifications, and construction cost estimate in an Excel Workbook, provided by CITY. Comments should at a minimum include feedback on measurement and payment, sequencing, schedule, temporary facilities, constructability, and required contractor qualifications. The City may assign milestone reviews of other projects in the preconstruction phase. Reviews shall determine the coordination required between the subject project and other projects for concurrent work and the constructability of other projects following the completion of the subject project. 2. CONSULTANT shall assist the City with evaluation of construction bids to determine the lowest responsive and responsible bidder. 3. For each milestone meeting, CONSULTANT will prepare the agenda for the meeting, facilitate the meeting, address administrative and non -design issues, and prepare record of discussions of the meeting for distribution. CITY, ENGINEER and CONTRACTOR's team will attend the meeting. The ENGINEER will address design issues. At a minimum, there will be the following milestone meetings: a. Project kick-off Meeting b. Pre -bid Meeting 4. Administration a. CONSULTANT to propose a project administration procedure, including an online document tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hardcopy correspondence and project documentation and strategy for managing project communications. b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT's staff and subconsultants. During construction activities, CONSULTANT shall follow CONTRACTOR(S)'s health and safety plan(s), if it is more stringent. 5. Office Setup a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office trailer set-up. b. CITY will designate location for the office trailer and provide utility connection Page 9 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 15 Packet Pg. 52 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C points. with Carollo Engineers, c. CITY will designate a location for the CONTRACTOR'S ofi vide Inc. utility connection points. d. CONSULTANT will be provided with an office space in the Administration Bldg. All office equipment and materials, such as, copier, phone/service, and internet access are to be furnished by the CONSULTANT. 6. Preconstruction Activities a. Site Walk Observations and Documentation i. CONSULTANT will conduct preconstruction inspections, documenting conditions in a log and providing digital photographs and video(s). b. Preconstruction Submittals i. CONSULTANT to develop a list of CONTRACTOR pre -construction submittals. ii. CONSULTANT to review CONTRACTOR's pre -construction submittals, schedule of values, and preliminary schedule. C. Construction Phase Tasks 1. Construction Administration a. Project Coordination i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The CONSULTANT shall coordinate construction activities of the CITY, ENGINEER, and CONTRACTOR. CONSULTANT responsibilities include: Conduct team meetings within the consulting firm to review progress, coordinate evaluations and identify information needs; Disseminate information to the design team; Manage the project budget; Manage the project schedule; Manage sub -consultants; Manage QA/ QCteam; Coordinate communications with other ongoing proiect's construction managers to facilitate the construction of ongoing projects and continuous Plant operations. ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week. b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY's other consultants. c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence. The ENGINEER will be responsible for providing design input. 2. Meetings a. CONSULTANT shall prepare agenda for progress meetings and other construction meetings required during the Project, which wI1 includes weekly or bi-weekly meetings with the CONTRACTOR and CITY. b. CONSULTANT shall facilitate and prepare records of discussions for the progress meetings and other construction related meetings. c. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, approximate percent project complete, near - Page 10 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 16 Packet Pg. 53 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C term milestones). with Carollo Engineers, d. Anticipated Meetings Inc. i. Construction kick-off meeting ii. Weekly update meeting iii. Minimum two (2) Electrical Service (Power Feed) Coordination Meeting with Palo Alto Electric Utilities iv. Participate in an I&C Standards Review Meeting with RWQCP Technology / SCADA Support Staff v. Project close-out Meeting vi. Attend other concurrent projects' kickoff meetings vii. Periodic coordination meetings with other ongoing projects' construction managers and the City 3 4. Submittals a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process. b. CONSULTANT shall receive the submittals, including CONTRACTOR's red -line drawings, from the CONTRACTOR and check the submittals for general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT w.I4 shall reject and send the submittal back to the CONTRACTOR for correction. c. CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow-up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER's submittal review and the track the status of shop drawing resubmittals with the CONTRACTOR. e. In addition to the CONSULTANT, ENGINEER to review all design related submittals and all submittals for temporary facilities. f. CONSULTANT shall review temporary facilities submittals for conflicts with other ongoing projects' active and/or proposed construction. The City may request CONSULTANT review other ongoing projects' temporary facilities submittals for constructability issues. g. CONSULTANT shall review temporary facilities submittals for operability. Request for Information/Clarification Process a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications. b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT w+14 shall review the ENGINEER's response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR. ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications. c. CONSULTANT shall provide a response within 10 days to the CONTRACTOR for any administrative, field condition specific and general RFI. d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT wi14 shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER's Design Clarification and Page 11 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 17 Packet Pg. 54 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C other clarifications. with Carollo Engineers, e. CONSULTANT shall work with the CITY Project Manager to L Inc. d Omission Log to document RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR. 5. Change Order Preparation, Negotiation & Processing a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR). i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes. ii. CONSULTANTw# shall maintain Change Event files. These files wi# shall compile all data related to specific items that arise that may have cost or time impacts or neither. b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents wi# shall be returned to CONTRACTOR unapproved with an explanation. c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. CONSULTANT shall provide updates regarding potential cost and schedule changes to CITY. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR's cost proposal for each approved change request. At CITY's discretion, ENGINEER's opinion may be requested for specific equipment and material costs. e. CONSULTANT shall prepare change orders using CITY's procedure for execution by the CITY and CONTRACTOR. i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact. ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details. iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design documents as directed by the CITY. f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order. i. All work done under a field order will be completed on a time and material basis. CONSULTANT to track actual time and material expended for the field order work. ii. Field orders shall be reviewed and approved with the CITY prior to issuance. 6. Documentation of Environmental Compliance a. CONSULTANT shall document compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Page 12 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 18 Packet Pg. 55 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C 7. Progress Payment with Carollo Engineers, a. CONSULTANT shall review the initial schedule of values (c4 pared by Inc. the CONTRACTOR and generate a progress paymen't requestfor the CONTRACTOR's use. b. CONSULTANT shall review and process the progress payment requests and determine whether the amount requested reflects the actual status of the Contractor's work in place, materials on site and other contract requirements. c. CONSULTANT shall perform the appropriate administration, preparation and processing of the monthly progress payments so the CITY can respond in accordance with the time periods set forth in the Public Contract Code. d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY. e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk's Recorder Office. f. CONSULTANT shall work with Contractor to develop an estimate of CONSULTANT as well as contractor's anticipated monthly pay request (billing/invoicing) schedule for the entire duration of the construction phase. 8. CONTRACTOR's Certified Payroll a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified payrolls from the CONTRACTOR. Apart from the regular, bi-weekly collection, the CONSULTANT wi4I shall obtain payroll records within 10 days of the CITY's request. b. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations. c. CONSULTANT shall be responsible for documenting and conducting interviews of the CONTRACTOR's field staff/crew for compliance with CITY prevailing wage ordinance. 9. Schedule a. CONSULTANT shall review CONTRACTOR's initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR's schedule updates and provide written comments to the submitted update. c. CONSULTANT shall review and evaluate the CONTRACTOR's requests for Contract Time extension and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request. CONSULTANT shall negotiate schedule adjustments with the CONTRACTOR. 10. Field Quality Control (Inspectional Services) a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents. i. CONSULTANT staff shall have sufficient training and experience Page 13 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 19 Packet Pg. 56 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C regarding the specific construction activities b tw, th Carol,o Engineers, CONTRACTOR. Inc. 1) CONSULTANT shall provide staff proportional wnat is required to observe CONTRACTOR's activities. 2) CONSULTANT shall submit inspection schedule showing inspection frequency, duration and level of efforts. 3) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work or increase staffing levels (see Special Inspections). 4) CITY may set an allowance on a task order specific basis for the increased cost only of inspectional services if required during off hours and on weekends. Consultant to provide sufficient hours to cover all inspectional services anticipated at standard rates. b. Reporting i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and field problems. CONSULTANT shall collect and compile CONTRACTOR daily reports. ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project. iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT's information/observations. iv. CONSULATNT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT's monthly progress payment report. c. Special Inspections i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing includes, but not limited to: 1) Soils testing for HazMat compliance 2) Soils compaction and relevant testing 3) Asphalt compaction and relevant testing 4) Concrete sampling and testing 5) Structural steel welding 6) Coating inspection 7) Medium voltage electrical installation inspection & testing 8) Low voltage electrical installation inspection & testing 9) Special inspections as listed in the project specific design drawings and specs. 10) Factory inspection and witness test of Service Entrance Cabinet prior to shipment. ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services. d. Medium Voltage Inspections Page 14 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 20 Packet Pg. 57 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C i. Any field activities, including inspection, performedwith Carollo Engineers,dent of the CONSULTANT's inspection work and shall be p and in Inc. parallel. 11. System Outages a. CONSULTANT shall review and evaluate the CONTRACTOR's system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least three weeks ahead of the actual outage/shutdown. c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER. i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage. 12. Means and Methods of Construction a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. Concerns or suggestions regarding the CONTRACTOR's means and methods shall be communicated to CITY and ENGINEER. 13. Safety a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT's Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT's work and shall take necessary precautions for safe operation of the CONSULTANT's work, and the protection of the CONSULTANT's personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT's employees or sub -consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions required by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions. 14. Spare Parts a. CONSULTANT shall prepare a list of required spare parts from the specifications and vendor O&M Manuals or recommended spare parts lists. b. CONSULTANT shall inventory spare parts as they are delivered by the CONTRACTOR and transfer spare parts to the CITY. The transfer of part shall be documented via material transmittal, signed by Contractor, CONSULTANT and CITY. 15. Operation and Maintenance (O&M) Manuals a. CONSULTANT shall prepare a list of anticipated O&M Manuals and track the submittal and review process in the online document tracking system. b. CONSULTANT shall verify that the submitted O&M manuals are the correct and latest version, and that the 'lessons learned' and notes taken during startup and Page 15 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 21 Packet Pg. 58 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C commissioning are included in the O&M manuals. CO with Carollo Engineers,ordinate delivery of final hardcopies from CONTRACT to CITY. Inc. 16. Testing and Training a. CONSULTANT shall coordinate training requirements and activities. b. ENGINEER shall provide design assistance during testing operations. c. CONSULTANT shall work with CONTRACTOR, ENGINEER and CITY on the development of the Testing and Startup Plan. d. CONSULTANT shall provide oversight and administration of training and testing. e. CONSULTANT shall coordinate the training with the CONTRACTOR, vendor and CITY staff. Some equipment may need training for third party personnel with whom the CITY may be contracting with. CITY will provide the vendor contact information for CONSULTANT to coordinate with. Trainings shall be coordinated so that key CITY staff can attend; schedule shall accommodate key CITY staff/ Plant operations shifts. Multiple training sessions for day shift and night shift operators may be required. f. CONSULTANT shall observe start-up and testing as the CITY's representative and maintain copies of start-up documentation in an organized binder that wi14 shall be turned over at the end of the project. g. CONSULTANT shall attend training sessions and collect attendance sheets and copies of training material. h. If required by CITY, CONSULTANT shall coordinate production quality audio and video recording and editing of training sessions to be used for future training sessions. The final digital copy shall be labeled and have an introduction that indicates the type of training, the process area, the equipment name, the vendor(s) / manufacturer(s) if applicable, the date, and the CONTRACTOR. i. Refer CITY's Demonstration and Training Standards for more details. 17. Corrective Work Item List a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER. b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). c. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR when the Corrective Work Items are completed to the CITY's, ENGINEER's and The CONSULTANT's satisfaction. D. Project Closeout Phase Tasks 1. Punch List and Final Inspection a. Punch List i. CONSULTANT shall in conjunction with the CITY prepare the list of outstanding deficiencies. ii. CONSULTANT shall prepare and issue the Punch List(s) from the list of deficiencies. iii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete. b. Final Inspection i. CONSULTANT shall have primary responsibility for conducting the final inspection. 1) CITY will participate and provide input on the final inspection. Page 16 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 22 Packet Pg. 59 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C 2) ENGINEER will provide design input o with Carollo Engineers,items if determined necessary by the CITY. Inc. 3) CONSULTANT shall be responsible for over igni ana review of the final inspection. 2. Warranty Coordination a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract. 3. Project Closeout a. CONTRACTOR shall furnish record documents, which the CONSULTANT4 shall review and transmit to ENGINEER for conforming and final issuance to CITY. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY. c. CONSULTANT shall turnover project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all Punch- list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shall have the right to request review and/or copies of the change events files. Page 17 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 23 Packet Pg. 60 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to ontract No. C21179265C with Carollo Engineers, Inc. Work Order No. 2B: Milestone Schedule of Performance NUMBER OF WEEKS TO NO LATER THAN COMPLETION FROM WORK DATE TASK # MILESTONES ORDER #2A NOTICE TO PROCEED (NTP) Project Management 12/31/2026 Task 1 168 Weeks Task 2 Preconstruction Phase 12 Weeks 1/1/2025 Task 3 Construction Phase 168 Weeks 12/31/2026 Task 4 Project Closeout 168 Weeks 12/31/2026 Work Order No. 2B: Milestone Compensation Schedule TASK # MILESTONES NOT TO EXCEED AMOUNT Task 1 Project Management $27,360 Task 2 Preconstruction Phase $33,360 Task 3 Construction Phase $1,050,640 Task 4 Project Closeout $33,360 Task 5 Inspection Allowance $50,000 Sub -total Basic Services $1,194,720 Reimbursable Expenses $0 Total Basic Services and Reimbursable Expenses $1,194,720 Additional Services (per Section 4) (Not to Exceed) $119,472 Maximum Total Compensation $1,314,192 Page 18 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 24 Packet Pg. 61 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to EXHIBIT "B" SCHEDULE OF PERFORMANCE, AMENDMENT NO. 45(AMENDED, REPLACES PREVIOUS) ontract No. C21179265C with Carollo Engineers, Inc. ® 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. WORK ORDER #2 Tasks 1-5 completed within 125 Weeks from the Notice to Proceed for Work Order 2, as detailed in the Milestone Schedule of Performance attached to Work Order #2 (Amendment No.1). WORK ORDER #3 Tasks 1-5 completed within 276 Weeks from the Notice to Proceed for Work Order 3, as detailed in the Milestone Schedule of Performance attached to Work Order #3 (Amendment No.2). WORK ORDER #1A Tasks 1-3 completed within 37 Weeks from the Notice to Proceed for Work Order 1A, as detailed in the Milestone Schedule of Performance attached to Work Order #1A (Amendment No.3). WORK ORDER #5 Tasks 1-5 completed within 186 Weeks from the Notice to Proceed for Work Order 5, as detailed in the Milestone Schedule of Performance attached to Work Order #5 (Amendment No.4). WORK ORDER #2B Tasks 1-4 completed within 186 Weeks from the Notice to Proceed for Work Order 2B, as detailed in the Milestone Schedule of Performance attached to Work Order #2B (Amendment No.5). Page 19 of 28 Vers.: Aug. 5, 2019 Item 5: Staff Report Pg. 25 Packet Pg. 62 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to EXHIBIT "C" COMPENSATION, AMENDMENT #5 (AMENDED, REPLACES PREVIOUS) ontract No. C21179265C with Carollo Engineers, Inc. CITY agrees to compensate CONSULTANT for on -call, as -needed, time -limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. 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 in a specific Task Order. CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, 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). Anywork 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: NONE up to the not -to -exceed amount of $0.00. WORK ORDER #2 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2., Not to Exceed: Total Basic Services and Reimbursable Expenses $549,315 Additional Services (per Section 4) (Not to Exceed) $54,932 Maximum Total Compensation $604,247 Vers.: Aug. 5, 2019 Page 24 of 28 Item 5: Staff Report Pg. 26 Packet Pg. 63 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to WORK ORDER #3 ontract No. C21179265C with Carollo Engineers, Inc. Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #3., Not to Exceed: Total Basic Services and Reimbursable Expenses $7,488,201 Additional Services (per Section 4) (Not to Exceed) $748,820 Maximum Total Compensation $8,237,021 WORK ORDER #1A Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #1A., Not to Exceed: Total Basic Services and Reimbursable Expenses $246,700 Additional Services (per Section 4) (Not to Exceed) $141,838 Maximum Total Compensation $388,538 WORK ORDER #5 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #5., Not to Exceed: Total Basic Services and Reimbursable Expenses $3,773,987 Additional Services (per Section 4) (Not to Exceed) $377,399 Maximum Total Compensation $4,151,386 WORK ORDER #2B Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2B., Not to Exceed: Total Basic Services and Reimbursable Expenses $1,194,720 Additional Services (per Section 4) (Not to Exceed) $119,472 Maximum Total Compensation $1,314,192 Vers.: Aug. 5, 2019 Page 25 of 28 Item 5: Staff Report Pg. 27 Packet Pg. 64 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B EXHIBIT C-2 SCHEDULE OF RATES, AMENDMENT NO. 5 (ADDED) CONSULTANT'S schedule of rates is as follows (by calendar year): Carollo Rates Item 5 Attachment A - Amendment No. 5 to Contract No. C21179265C with Carollo Engineers, Inc. Increase 5% (Annual beginning 2026) Role 2024 2025 2026 2027 2028 Principal in Charge $ 290.00 $ 290.00 $ 304.50 $ 319.73 $ 335.71 Principal Construction Manager $ 280.00 $ 280.00 $ 294.00 $ 308.70 $ 324.14 Senior Construction Manager $ 260.00 $ 260.00 $ 273.00 $ 286.65 $ 300.98 Construction Manager $ 255.00 $ 255.00 $ 267.75 $ 281.14 $ 295.19 Resident Engineer $ 210.00 $ 210.00 $ 220.50 $ 231.53 $ 243.10 Field Engineer $ 170.00 $ 170.00 $ 178.50 $ 187.43 $ 196.80 Inspector $ 220.00 $ 220.00 $ 231.00 $ 242.55 $ 254.68 Senior Inspector $ 232.00 $ 232.00 $ 243.60 $ 255.78 $ 268.57 Startup $ 245.00 $ 245.00 $ 257.25 $ 270.11 $ 283.62 Schedule $ 240.00 $ 240.00 $ 252.00 $ 264.60 $ 277.83 Funding $ 220.00 $ 220.00 $ 231.00 $ 242.55 $ 254.68 SUBCONSULTANTS' schedule of rates is as follows (by calendar year): SILVEIRA CONSULTING 2024 Rates Schedule of Hourly Rates: Labor Compliance Officer................................................................................. Labor Compliance Analyst................................................................................. FieldInvestigator.............................................................................................. **Mileage will be billed per mile atthe Federal reimbursable rate. ...............................— $130 .................................... $90 .................................... $95 Vers.: Aug. 5, 2019 Page 26 of 28 Item 5: Staff Report Pg. 28 Packet Pg. 65 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to HALEY & ALDRICH (rates and services effective with Amendment #4) ontract No. C21179265C with Carollo Engineers, Inc. Classifrcation 2024 2025 Project Support $135 $139 Technician* $135 $139 Project Technician * $146 $151 Senior Technician* $156 $162 Project Controls $178 $184 Staff Professional 1 $188 $195 Staff Professional2 $198 $205 Project Profession c1 $221 $229 Technical Specialist $233 $241 Project Manager/ Senior Technfcol Specialist $244 $253 Senior Project Manager TechnfcalExpert $306 $317 Program Manager/Senior Technical Expert $372 $385 Principal $398 $412 SeniorPrincipal $437 $452 BAY AREA COATING CONSULTANTS, INC. (BACC) Regular: $115.20 Over Eight flours/Saturdays: $162.50 Sundays and Holidays: $191.00 Truc1/Equipment Charge: $10.20 per/hr- Per Diem: $140.00 per day Eight Hour Minimum 24 Hour call out notification_ Vers.: Aug. 5, 2019 Page 27 of 28 Item 5: Staff Report Pg. 29 Packet Pg. 66 of 378 Docusign Envelope ID: A20202FE-DB81-4ADA-A84D-983136A5FF2B Item 5 Attachment A - Amendment No. 5 to ontract No. C21179265C with Carollo Engineers, Inc. Fscelatrvn. The prices no red below ore st kajecr to an increase of536 onnually, eJes ieeJrrfy1 ofeach yeurfbffowing_ the iikiation of aservrresvgreemenr- PROFEM NAi SLuF Principal S 285-00 Seismic DIP 5 220.00 Senior Professional S 250-00 GISSpecialist $ 190.00 Project Professional If S 235.00 InformationSpeciefist 11 S 180.00 Project Professional t $ 20000 Information Specialist I $ 160-00 Staff Professional It S 17500 CAD $ L20.00 Staff Professional I $ 155-00 Litigation support 15x standard rate Project Ad ministrator 5 110.00 DepositionfTrial 2.0x mnd3Fd rate Administrative Assistant /C:erical S 100.00 TECNNICAt STAFF- FIE! DA ND LABORA TORY NON -PREVAILING WAG Non -Destructive lnspectionfTesting S 163.00 BASI5 OFCHARGE5 FOR Flf2U TFCHNICIAN SERVICES Special Inspector 5 140.00 Field Work from 0 to 4 hours bill hours EngineeringTechnician 5 135-00 Feld Work Irons 4 to B hours Rill B hours Technician S 130.00 Field Work over8 hours/Saturdays Bill time and a half Ground Penetrating Radar ScanningTechn ici an $ 315.00 Sundays, holidaysand over 12 hours Bill doubtetime Core OrillingTachnician $ 245.00 Night Shift( Shift commencingafter 2pm/before4am] BaseRatex12.5% Floor FlatnesTestrngTechnician $ 210-00 Show-upti me(no work performed] Rill 2 hours Sample Pickup/ Transportation / Delivery 5 12000 Sampling or cylinderpickup. minimum charge Rid 2 hours Laboratory Technici an $ 13000 NORTHERN CA PREVAILING WAGE L &OR RATa3 Group 1 -Special inspector 5 170.00 BA515 OFCHA RGE5 FORFIEED TECHNICIAN SERVICES Group2 -Special Inspector 5 165.00 Field Work from 0 to 4 hours Rif: 4 hours Group 3- Engi neering Technician 5 14600 Field Work from 4 to 8 hours Rill 8 hours Group3-Geutechnical Professional $ 18500 Field Work over 8 hours} Saturdays Bill time and a half Group3- Environmental Professional $ 18500 Sundaysr holidaysand over 12 hours Bill doubfetime Group 4 -Technician $ 13000 Night Shift (Shift commencingafter 2prnfbefore4aml BaseRatex 12.5% Show -up time (no work performed) Rill 2 hours Sampling or cylinderpickup, p, minimum charge Dili 2 hours SOUTHERN CA PREVAILING WAGE L4 6OR 54 115 Group l-Geotechnical Professional 5 185-00 BASIS OFCHARGES FOR FIELO TECHNICIAN5ERVICES Group 1- Environmental Professional S 18500 Field Work from 0 to 4 hours Riff 4 hours Group 1 -Technician 5 16500 Field Work from 410 8 hours Rill B hours Group 2 -Special Inspector 5 170.00 Field Work over8hours/Saturdays Bill time and a half Group 3-Finn-Destucti we Testing(NDT} S 180.00 Sundays, holidays and over 12 hours Bill doubleti me Premium Shift lWeekdaywurk before Gam /afterSpml Bill ti me and a half Show -up ti me Inc work performed] Siff 2 ho urs Sampling or cylinderpickup, p, minimum charge Rii: 2 hours RAMNLRSA IFS Project Administrate on Fees 7% of Invoice ❑ I R A4ministration Fees 3% of Invoice Mleage- 2x4 (Portal to Portal} 5 L.00 Certified Payroq /DIR Upload (Monthly] S 300.00 Mileage- 4x4 (Portal to Portal} 5 2.00 Fkon-Performance Certified Pays Il/DIR Uptoad IMonthlyl 5 100-00 bridge Toll Cast 415% Su boo rector Management/Compliance Forms I Wnth lyl 5 100.00 Parking Fees Cost+1S% ,additional LCe Tradkeroroffiefcaapliante software{Montirll $ 20C-00 Per Diem (asrequiredj Mote/5250 man. Additional Special Forms, asrequired(Monthly} $ 150.09 SubconsultantServices Cost +16% Project Setup (Project] 5 525.00 Vers.: Aug. 5, 2019 Page 28 of 28 Item 5: Staff Report Pg. 30 Packet Pg. 67 of 378 Attachment B - Bid Summary Item 5 Attachment B - Bid Summary for IFB No. 192135 12kV Electrical Power Distribution Loop Rehabilitation Phases 2-7, Bid Package 2 Invitation for Bids (IFB) Number: 192135 BIDDER Price REMARKS % Under Anderson Pacific Engineering Construction $ 6,215,000 Low Bidder -26.19% Vellutini Corp (Royal Electric) $ 6,450,000 -23.40% Engineer's Estimate $ 8,420,000 0.00% Item 5: Staff Report Pg. 31 Packet Pg. 68 of 378 Project Title: 12KV Electrical Power Distribution Loop Rehabilitation — Phases 2 thru 7- Bid Package 2 Invitation for Bids (IFB) Number: 192135 Item 5 Attachment B - Bid Summary for IFB No. 192135 TOTAL ITEM PRICE SO'BE BID APPROX.Q UNIT DESCRIPTION APEC e u Ini (Royal) (Engineer's REMARKS ITEM TY. estimate) Mobilization & De -mobilization: Includes all costs associated 1 1 Lump Sum with the Contractor's mobilization and demobilization to and $425,000 $200,000 from the site and all general requirements, including but not limited to applicable permits. City Bid Item Stockpiling, Sampling, and Analyzing Soil Generated by 2 1 Lump Sum $105,000 $100,000 Construction for Waste Characterization; Transport and Disposal of Soil as a Non -Hazardous Waste; Transport and Disposal of Soil as Non-RCRA California Hazardous Waste City Bid Item Phase 2 Switch 1910X and CPAU Cabinet Replacement -This 3 1 Lump Sum Bid Item is a lump sum item that includes all costs associated $1,625,000 $1,900,000 $2,690,000 with Phase 2 of the project and all general requirements, including but not limited to applicable permits. Phase 3 Switch 1594 X Replacement -This Bid Item is a lump 4 1 Lump Sum sum item that includes all costs associated with Phase 3 of $960,000 $1,000,000 $1,200,000 the project and all general requirements, including but not limited to applicable permits. Canopy Structure for Load Centers 3 and 4 -This Bid Item is a 5 1 Lump Sum lump sum item that includes all costs associated with the $280,000 $450,000 $440,000 Canopy Structure and all general requirements, including but not limited to applicable permits. Civil, site work and Misc, work not listed above (exclude Bid Items 001 thru 005 above) - Includes all costs associated with 6 1 Lump Sum the relocation of existing irrigation piping, relocation lighting $45,000 $150,000 circuit light fixtures, installation of new pole light fixtures, parking lot restriping, and any other items not covered above. City Bid Item 7 1 Linear Feet Allowance: Any cost associated with unforeseen site $100,000 $100,000 Allowance included conditions only as approved by the City Project Manager by the City BASE BID TOTAL $3,540,000 $3,900,000 Lump Sum ADD ALTERNATE BID ITEMS Phase 4: Switch 1911X Replacement - This Bid Item is a lump 8 1 Lump Sum sum item that includes all costs associated with Phase 4 of $925,000 $850,000 $1,300,000 the project and all general requirements, including but not limited to applicable permits. Phase 6: Switch 1912X Repalcement - This Bid Item 4 is a 9 1 Lump Sum lump sum item that includes all costs associated with Phase $1,000,000 $950,000 $1,550,000 6 of the project and all general requirements, including but not limited to applicable permits. Phase 7: Switch 1913X Replacement - This Bid Item is a lump 10 1 Lump Sum sum item that includes all costs associated with Phase 7 of $750,000 $750,000 $1,240,000 the project and all general requirements, including but not limited to applicable permits. ADD ALTERNATES TOTAL $2,675,000 $2,550,000 GRAND TOTAL (BASE BID & ADD ALTERNATES) $6,215,000 $6,450,000 $8,420,000 Bid Form IFB192135 Item 5: Staff Report Pg. 32 Packet Pg. 69 of 378 Item 6 Item 6 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Utilities ALTO Meeting Date: October 28, 2024 Staff Report: 2407-3218 TITLE Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project — Design Phase in the Pearson-Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status - Not a project. RECOMMENDATION Staff recommends that City Council approve and authorize the City Manager or designee to execute Contract Number C25190936 (Attachment A) with WRA, Inc. for design and construction management of the Arastradero Creek Permanent Restoration Project for a term of 3 year(s) and a total amount not -to -exceed $908,806, including $711,200 for basic services and $197,606 for additional services. EXECUTIVE SUMMARY The Arastradero Creek Permanent Restoration Project — Design Phase aims to provide a design and agency permits to permanently stabilize Arastradero Creek in the Pearson-Arastradero Preserve, following a significant storm event in early 2023 that exposed an 8 -inch diameter steel high-pressure natural gas pipeline crossing the creek. Recognizing the urgency to protect existing utilities during the 2024 winter season, Staff obtained an emergency permit from the Army Corps of Engineers in 2023 to perform a temporary creek stabilization project, to protect the exposed gas pipeline and prevent further risk to a 16 -inch potable water pipeline and 16 - inch sewer collection pipeline that cross in the same location. The natural gas pipeline and potable water pipeline at this location are the only pipelines that provide utility service to the foothills. WRA Inc. will provide the creek restoration permitting, design, construction monitoring support required of the permitting agencies to complete a full creek stabilization project. While WRA Inc. is gathering data for the permanent creek stabilization design, Staff will analyze the location of the existing utility pipelines and determine if relocating them to another location or deeper is feasible. If it is determined that relocation of the pipelines is feasible, Staff will conduct an inhouse design of the pipeline relocation and renegotiate the contract with WRA Item 6: Staff Report Pg. 1 Packet Pg. 70 of 378 Item 6 Item 6 Staff Report Inc. and return to City Council to amend the scope to provide similar environmental services (permitting, biological monitoring, and post construction monitoring) for the relocation of the utility lines. Some creek restoration and access road repair work will be required eventually with either outcome. Staff is requesting approval of funding for the full creek restoration design Scope of Work and will return to City Council for approval for a construction contract in mid -2025 if the restoration project is selected. This contract also allows staff to direct WRA to perform biological support for the design phase of the Foothill Rebuild project, as noted in Tasks 3 and 4 under Additional Services. BACKGROUND In March 2023, a community member informed the City of Palo Alto Utilities (CPAU) Department about an exposed 8 -inch steel natural gas pipeline in Arastradero Creek within the Pearson-Arastradero Preserve. The pipeline was previously inspected in May 2022, and no damage was reported at that time. However, a storm event in early 2023 caused significant erosion in Arastradero Creek, exposing the 8 -inch high-pressure gas pipeline and threatened to expose a 16 -inch potable water and 16 -inch wastewater collection pipelines servicing the foothills. A Safety Related Condition Report was sent to the California Public Utilities Commission, as required by Title 49 Code of Federal Regulations Part 191.23, on March 31, 2023. The City contacted WRA, Inc. to assist with obtaining emergency permits and performing a creek design to temporarily stabilize the creek and protect the water, gas, and wastewater utility pipelines through the 2024 winter season. WRA, Inc. was issued an emergency contract due to extensive creek stabilization requirements required by the permitting agencies like the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB), California Department of Fish and Wildlife (CDFW), and United States Army Corps of Engineers (USACE). The emergency contract, as defined in Palo Alto Municipal Code (PAMC) Section 2.30.160, was authorized by the City Manager and later presented to City Council September 23, 2023, Staff Report #2309- 20861, for additional design, biological monitoring, and creek restoration work. A Regional General Permit No. 5 was issued by the USACE to place fill material, including soil, cobbles, and boulder revetments, within Waters of the United States, for necessary repairs and protection measures. The fill provided temporary protection for the exposed gas pipeline and prevented additional erosion of the creek to protect the 16 -inch potable water pipeline and 16 -inch sewer collection pipeline upstream. Temporary restoration work started in September 2023 and was completed in November 2023. As part of the emergency permit, the City received a Notice of Applicability (NOA) from the SFBRWQCB, which listed regulatory requirements for the City to comply with. One of those 1 Staff Report #2309-2086 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82578 Item 6: Staff Report Pg. 2 Packet Pg. 71 of 378 Item 6 Item 6 Staff Report requirements is for the City to remove the temporary stabilization fill and permanently stabilize the creek to provide long-term protection to the pipelines or relocate the pipelines. As part of the NOA, a civil liability of $5,000 per day could be imposed upon the City's for failure to comply with these requirements. A preliminary project schedule was approved by SFBRWQCB to complete the permanent creek stabilization project or relocate the pipelines by October 2026. ANALYSIS CPAU engineering staff will evaluate the feasibility of and requirements for relocating the utilities deeper or around Arastradero Creek. WRA, Inc. (Consultant) will evaluate (1) the feasibility of and requirements for creek restoration to address the causes of erosion and (2) the environmental and permitting requirements for both utility relocation and creek restoration options, including any post construction monitoring required of the permitting agencies. Project Description The Arastradero Creek Permanent Restoration Project — Design Phase aims to determine the cause of the creek erosion through engineering and hydrological investigation and develop a design approved by the permitting agencies. The work will also include any reporting, construction support, and monitoring required by the agencies. Contract C25190936 requires the evaluation of at least three options outlined in the SFBRWQCB NOA: Option 1 Modifying Lake Arastradero; Option 2 Lowering utility pipelines below the predicted equilibrium slope of the head cut; Option 3 Implementing a larger stabilization design with multiple grade control features provided by the SFBRWQCB. In short, the City has developed the following five tasks for the Consultant to perform. • Task 1— Assessing the creek's condition, identifies causes of instability, and evaluating ecological importance. • Task 2 — Drafting project documents, coordinating with the City and permitting agencies, and ensuring the final design meets requirements. • Task 3 — Obtaining permits, preparing applications, and ensuring compliance. • Task 4— Developing a plan to restore native plants, stabilize soil, and enhance habitat. • Task 5 — Supporting staff's construction management, conducts biological monitoring, and completes necessary reporting, including two years of post -construction monitoring. After completion of Task 1 and staff proposes a preferred option, the Consultant will develop and submit the design and environmental permitting documents for proposed option to the appropriate regulatory permitting agencies for review and comment. The environmental Item 6: Staff Report Pg. 3 Packet Pg. 72 of 378 Item 6 Item 6 Staff Report determination and final design proposed by WRA must receive approval from City Staff, City Council, and/or regulatory agencies, as appropriate. WRA Inc. will complete Task 1 while Staff is evaluating Option 2 — lowering the utility pipelines. If Staff determines Option 2 to be the City's preferred option, WRA Inc. would still assist Staff with design support, permitting, construction services support, revegetation plant plan, and post construction monitoring for the utility relocation work. Relocating the pipelines would result in a smaller creek restoration project. If Option 2 is the preferred option, Staff anticipates that the full budget of this contract will not be needed to complete Tasks 2-5. In addition to these services for the Arastradero Creek Permanent Restoration Project — Design Phase, this contract allows staff to direct WRA to perform biological support for the design phase of the Foothill Rebuild project, as noted in Tasks 3 and 4 under Additional Services. Solicitation Process The City issued a Request for Proposal (REP) for professional services for the Arastradero Creek Permanent Restoration Project — Design Phase. It was posted on the OpenGov e -procurement website on May 16, 2024, with bids due on June 4, 2024. The City received three (3) proposals from Balance Hydrologics, Haley & Aldrich, Inc., and WRA, Inc. Staff reviewed and evaluated the three proposals in accordance with factors defined in the Palo Alto Municipal Code Section 2.30.410. Based on cost-effectiveness, environmental impact assessment, engineering design standards, revegetation plan, and regulatory compliance, the evaluation committee selected Balance Hydrologics and WRA Inc. as the top two proposers to present their solutions outlined in their proposal at an in -person presentation. WRA, Inc. was selected as the top -ranked proposer, even though they were higher in cost. WRA, Inc. is a moderately sized environmental engineering firm with adequate resources to allocate staff to perform the work under this contract and have performed satisfactorily on previous projects for the City. Below is the procurement summary table: Project Bid Name/Number Arastradero Creek Permanent Restoration Project RFP190936 Proposed Length of Project 500 Working Days Number of Bid Packages Downloaded by Contractors 3 Total Days to Respond to Bid 12 working days Mandatory Pre -Bid Meeting Yes Number of Company Attendees at Pre -Bid Meeting 5 Item 6: Staff Report Pg. 4 Packet Pg. 73 of 378 Item 6 Item 6 Staff Report Number of Bids Received 3 Base Bid Price Range $460,976 -$742,666 Public Link to Solicitation https://procurement.opengov.com/governments/650/pr ojects/96223/evaluation/document?phase=undefined Staff reviewed and negotiated with WRA Inc. on their proposal for a total defined scope of $711,200. Due to significant uncertainty and the likelihood of unforeseen circumstances, the completion deadline imposed on the City by the Regional Water Quality Control Board, as well as the potential consequences of delays, such as regulatory enforcement actions, fines, and the need for compensatory mitigation, the attached contract includes an additional service provision of $197,606, which is 28% of basic services, to address any unexpected conditions that may occur. This amount exceeds the City's 10% standard because the additional services may include, but not limited to, geotechnical boring for the utility pipeline relocation, vegetation clearing, United States Fish and Wildlife Services Section 7 biological monitoring, development of a temporary irrigation plan, and biological monitoring for the installation of conduit. These services are included in the additional services amount and will not be determined until the final scope of the project is determined. The total contract price will not exceed $908,806. FISCAL/RESOURCE IMPACT There is sufficient budget in FY 2025 in capital improvement project (GS -25001) Gas Line Repair at Arastradero Creek to fund this contract. Additional funds for the construction phase will be added in FY2026 budget cycle. The Water Fund and Wastewater Fund may contribute to the project and the allocation will be determined after the evaluation and design is complete. Work on the Foothill Rebuild project will be funded by capital improvement project (EL -21001) Foothills Rebuild (Fire Mitigation). STAKEHOLDER ENGAGEMENT The key stakeholders for this project include the Utilities Department, Community Services Department - Open Space, USACE, CDFW, and SFRWQCB. Engagement strategies include coordination between agencies, meetings, website updates, and updates to ensure regulatory compliance. ENVIRONMENTAL REVIEW Approval of this contract for evaluation, design, permitting, and monitoring of the Arastradero Creek Permanent Restoration Project is not a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment. The work under this contract will assess whether the construction phase of the Arastradero Creek Permanent Restoration Project needs an environmental review under CEQA. The project might qualify for exemptions, such as exemptions related to minor modifications and habitat restoration (Class 1 — Existing Item 6: Staff Report Pg. 5 Packet Pg. 74 of 378 Item 6 Item 6 Staff Report Facilities, Class 4 — Minor Alterations to Land, and Class 33 — Small Habitat Restoration Projects). A detailed review under this contract will evaluate potential impact on sensitive habitats, endangered species, or cultural resources. If an exemption does not apply, an Initial Study will determine if a Negative Declaration or Environmental Impact Report (EIR) is needed, ensuring the project follows all environmental regulations and supports the creek's long-term stabilization. ATTACHMENTS Attachment A: Contract C25190936 APPROVED BY: Dean Batchelor, Director of Utilities Staff: Edmar David, Water, Gas and Wastewater Engineer Item 6: Staff Report Pg. 6 Packet Pg. 75 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 CITY OF PALO ALTO CONTRACT NO. C2519093 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND WRA, INC. This Agreement for Professional Services (this "Agreement") is entered into as of the 7th day of October, 2024 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and WRA, INC., a corporation, located at 2169 Francisco Blvd., Suite G, San Rafael, CA 94901 ("CONSULTANT"). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to plan and monitor restoration of the Arastradero Creek (the "Project") and desires to engage a consultant to evaluate the Arastradero Creek tributary and complete a design, with approval from the jurisdictional permitting agencies, to address the source of a six-foot head cut and protect critical water, gas, and wastewater utility pipelines crossing the Arastradero Creek 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 -I entitled "PROFESSIONAL SERVICES TASK ORDER". Each Task Order shall contain a specific scope of services, schedule of performance and Professional Services Rev. Jan 29, 2024 Page 1 of 32 Item 6: Staff Report Pg. 7 Packet Pg. 76 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract 025190936 maximum compensation amount, in accordance with the provisions or mis 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 October 6, 2027 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 Seven Hundred Eleven Thousand Two Hundred Dollars ($711,200.00). 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 One Hundred Ninety -Seven Thousand Six Hundred Six Dollars ($197,606.00) 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 Eight Hundred Fifty - Eight Thousand Eight Hundred Six Dollars ($908,806.00), as detailed in Exhibit C. Professional Services Rev. Jan 29, 2024 Page 2 of 32 Item 6: Staff Report Pg. 8 Packet Pg. 77 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 "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 Professional Services Rev. Jan 29, 2024 Page 3 of 32 Item 6: Staff Report Pg. 9 Packet Pg. 78 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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 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 Professional Services Rev. Jan 29, 2024 Page 4 of 32 Item 6: Staff Report Pg. 10 Packet Pg. 79 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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: 1. Crawford & Associates, Inc.: Geoteclmical services for soil borings and evaluations. 2. Hogan Land Services: Topographic survey and subsurface utility locate for Data Collection 3. Tom Origer & Associates: Cultural resources analysis in support of CEQA compliance and regulatory permitting. 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 Andrew Smith, PE, Telephone: 408-499-9479, Email: smith(li wra-ca.com 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 Aaron Perkins, Utilities Department, WGW Division, 1007 Elwell Ct., Palo Alto, CA, 94301, Telephone: 650-566-4521, Email: Aaron.Perkins(ll CityofPaloAlto.org. 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. Professional Services Rev. Jan 29, 2024 Page 5 of 32 Item 6: Staff Report Pg. 11 Packet Pg. 80 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 F,mc ment A - Contract C25190936 SECTION 14. OWNERSHIP OF MATERIALS. All work product, a 1ng wi out 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. 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. 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 Professional Services Rev. Jan 29, 2024 Page 6 of 32 Item 6: Staff Report Pg. 12 Packet Pg. 81 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 this Agreement is effective unless it is in writing in accordance with Section or 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 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 Professional Services Rev. Jan 29, 2024 Page 7 of 32 Item 6: Staff Report Pg. 13 Packet Pg. 82 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 termination. Upon receipt of any notice of suspension or termination, GUN UL I AIN I 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: 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. Professional Services Rev. Jan 29, 2024 Page 8 of 32 Item 6: Staff Report Pg. 14 Packet Pg. 83 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 21.2. CONSULTANT further covenants that, in the perrormance or 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 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 Professional Services Rev. Jan 29, 2024 Page 9 of 32 Item 6: Staff Report Pg. 15 Packet Pg. 84 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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 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 Professional Services Rev. Jan 29, 2024 Page 10 of 32 Item 6: Staff Report Pg. 16 Packet Pg. 85 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 implementing regulations, including but not limited to Subchapter 3, Title 8 dl tile Lamiornia ode 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 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 Professional Services Rev. Jan 29, 2024 Page 11 of 32 Item 6: Staff Report Pg. 17 Packet Pg. 86 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 receipt and prior to any such disclosure (unless CONSULTANT is prohibitea yaw Irorn oing 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 Professional Services Rev. Jan 29, 2024 Page 12 of 32 Item 6: Staff Report Pg. 18 Packet Pg. 87 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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 A GREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Professional Services Rev. Jan 29, 2024 Page 13 of 32 Item 6: Staff Report Pg. 19 Packet Pg. 88 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 CONTRACT NO. C25190936 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 WRA, INC. `DocuSigned by: B16ieo S_,c4 `FF2106BOC3914B7... Geoff Smick Name: President Title: ��// DocuSignAed'�by: B: K"U .6 DA13AA554E764F5... Kirk uhrlaub Name: Title: Secretary Professional Services Rev. Jan 29, 2024 Page 14 of 32 Item 6: Staff Report Pg. 20 Packet Pg. 89 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". CONSULTANT will provide: Task 1 — Data Collection Subtask 1.1 Background Information CONSULTANT will gather available background data to inform the permanent restoration of the Arastradero Creek. As part of this effort, CONSULTANT will review all documents developed in 2023 as part of the emergency effort. Documents include The Basis of Design Memorandum (WRA 2023), the General Certification issued by the Water Board, and the USACE's Regional General Permit, including comments received from CDFW. In addition, CONSULTANT will gather and review available background information as provided by the City and other subconsultants (i.e., geotechnical, survey, and cultural resources). CONSULTANT will assess all pertinent data to confirm the cause(s) of channel instability including hydrological changes, tributary culvert and upstream influences (e.g., upstream pond), hydrological changes and fluctuating lake levels, and identify any sensitive habitats or species the stabilizations may impact. A site assessment, described in Task 4, will be used to validate desktop findings. Subtask 1.2 Hydrological Monitoring CONSULTANT will identify key hydrological parameters to monitor, select appropriate monitoring methods and equipment, determine the frequency and duration of monitoring activities, collect and analyze hydrological data, and collaborate with the stakeholders to ensure that monitoring efforts align with the project goals and regulatory requirements. As part of this subtask, CONSULTANT will collect the data from data loggers that were installed as part of the 2023 Temporary Creek Stabilization Project. The data will be presented in narrative and graphical format in the Basis of Design (BoD). Subtask 1.3: Topography CONSULTANT team will work closely with the stakeholders designated by CITY to collect additional topographic data necessary for the overall stabilization design plan. CONSULTANT will gather topographic survey data to supplement existing LiDAR data and develop a digital elevation model (DEM) suitable for design. CONSULTANT may direct subconsultant, Hogan Land Services, Inc. (Hogan) to perform this work. The DEM will reflect current site conditions and will be used to identify any terrain adjustments occurring since the LiDAR data was collected. Additionally, key Project elements will be surveyed, i.e. exposed infrastructure, tributary culvert inverts, road surface and dam features. CONSULTANT will conduct a site visit during the survey to ensure all appropriate data is collected and to assess the site for any additional changes since the 2023 temporary project was Professional Services Rev. Jan 29, 2024 Page 15 of 32 Item 6: Staff Report Pg. 21 Packet Pg. 90 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 completed. Subtask 1.4: Hydrologic and Hydraulic (H&H) Modeling CONSULTANT will gather and analyze the creek's hydrological characteristics and hydraulic behavior. CONSULTANT will use the gathered data gathered to develop a hydraulic model that shows how water moves through the creek under different conditions. CONSULTANT's model will help propose stabilization measures for the design through the creek's flow pattern and bank stability. CONSULTANT will use a range of design flow rates to evaluate hydraulic conditions for compliance with acceptable criteria. CONSULTANT will consider a range of flows that includes base flow up to the 100 -year return interval runoff. To validate hydrology estimates, CONSULTANT will utilize data retrieved from water data loggers installed along Arastradero Creek in 2023 (described in Subtask 1.2). CONSULTANT will compare this data to the updated survey, rainfall, and hydraulic conditions to calibrate our models. CONSULTANT will also validate bankfull discharge estimates by assessing stable reaches of Arastradero Creek upstream of the Project area. Subtask 1.5: Subsurface Utility Locates CONSULTANT will identify and survey the vertical and horizontal location of all pertinent utility lines within, and/or adjacent to, anticipated area(s) of disturbance near the temporary repair and the erosion at the road culvert. CONSULTANT's surveyors will collaborate with CONSULTANT's local technicians to collect survey data at pertinent utility locations. CONSULTANT will use this data to illustrate exact utility locations in the plan and profile sheets of the plan set. Subtask 1.6 Tree Survey Part of the background data collection needed is a survey of the existing riparian trees in the Project area, which CONSULTANT will perform. The extent of the survey would include all trees over 4" diameter at breast (dbh) height with canopies that overlap the work area (which includes where any earthwork, access, or staging could occur). CONSULTANT will collect data to understand site constraints from an access and restoration design perspective, and to understand what tree impacts may be for the regulatory agency permits. To conduct this task, CONSULTANT will ensure that all trees that meet the survey criteria will be identified to species, tagged with an aluminum tree tag with a unique identification number, and mapped using high-grade GPS so they can be plotted on the design drawings. CONSULTANT will collect additional information about the tree's dbh, height, canopy width, and general health. CONSULTANT has certified arborists that will complete this task. Subtask 1.7: Geotechnical Borings CONSULTANT may direct subconsultant. Crawford and Associates (Crawford), to perform the following work. Creek Restoration As part of the data gathering process, CONSULTANT will visit the site to make a geologic reconnaissance of the creek banks. The geologic reconnaissance will be about 1,400 linear feet Professional Services Rev. Jan 29, 2024 Page 16 of 32 Item 6: Staff Report Pg. 22 Packet Pg. 91 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 and will begin slightly upstream of the temporary creek restoration and continue to a e Arastradero. As part of the data collection, Crawford will observe and visually classify the soils exposed within the creek banks, observe slope stability of existing creek banks and collect about four grab samples within the creek for gradation analysis following ASTM D6913. (about every 300 to 500 ft). CONSULTANT will also collect two grab samples at the identified potential borrow locations for gradation analysis. The gradation analysis is limited in the size of material and may not be fully representative if large granular materials are present. CONSULTANT will also complete two hand auger borings to a maximum depth of 5 ft (or until hand auger refusal) to classify potential borrow material within the flood plains. CONSULTANT will collect soils data following the 30% design milestone to inform the 60% design. CONSULTANT will visit the site and mark boring location for USA north 811, coordinate the drilling, and obtain the required County boring permit. CONSULTANT will drill up to two exploratory borings to depths of up to 20 feet near proposed grade control structures. CONSULTANT will drive Standard Penetration Test and modified California samples to obtain sample and blow count information. Unless otherwise directed by CITY, CONSULTANT will use a small, limited access track rig for borings. Trail Roadway Rehabilitation CONSULTANT will ensure subconsultant will complete the following to support the trail rehabilitation. CONSULTANT will review the failure site and complete one additional boring to a depth of 15 to 20 ft. CONSULTANT will direct an engineer/geologist to direct the sampling and log the boring, which will be sampled at 2.5 ft intervals in the upper 10 feet and at 5 -foot intervals thereafter. CONSULTANT will drive Standard Penetration Test and modified California samples to obtain samples and blow count information. CONSULTANT will probe around the failure and at the bottom of creek to help determine the depth of disturbed material and correlate near -surface soils. CONSULTANT will complete laboratory testing on the samples collected consistent with Subtask 1.8. If access is unavailable due to conflict with existing utilities, CONSULTANT will instead complete two Dynamic Cone Penetrometers. Subtask 1.7a Geotechnical Borings (Add -Alternate Item) At CITY's request via Task Order, CONSULTANT will complete an additional boring of up to 40 ft near the location of the exiting utilities. This boring location will be used to inform implementation of Option 2: Lowering utility pipelines below the predicted equilibrium slope of the head cut. Subtask 1.8 Geotechnical Evaluation CONSULTANT will provide geotechnical engineering services to inform the design and construction of the channel improvements. CONSULTANT will conduct laboratory testing on recovered samples obtained as part of the data gathering effort to classify the subsurface soils and to develop the geotechnical engineering design criteria, including analytical testing. CONSULTANT's laboratory testing will include moisture content and unit weight, sieve analysis, hydrometer and plasticity index. The exact type and quantity of the testing will be established when the field exploration is complete and subsurface samples are obtained. CONSULTANT's tests will adhere to recognized industry standards. Professional Services Rev. Jan 29, 2024 Page l7 of 32 Item 6: Staff Report Pg. 23 Packet Pg. 92 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 CONSULTANT will develop a preliminary geotechnical memorandum to support e o design. CONSULTANT's preliminary memorandum will include the following: characterizing existing soils, estimating compaction/shrinkage percentages for cut and fill estimates, identifying soil strata and water table depths, and anticipated stable slope conditions. For the 60% design, CONSULTANT will complete an engineering analysis. CONSULTANT will provide geotechnical considerations for cause(s) of failure and potential for future slope movement, slope mitigation recommendations, and construction considerations for the roadway repair. CONSULTANT will include the boring(s), laboratory results, and recommendations with the draft geotechnical memorandum developed with the 60% design. CONSULTANT's draft geotechnical memorandum will address the following: • Project description, scope of work, site description • Subsurface exploration • Soil and groundwater conditions • Field and laboratory testing • Site geology and seismicity summary • Geotechnical recommendations for bank stability at the grade control locations • Location map, boring logs, and laboratory test results Following input from regulatory agencies and the CITY, CONSULTANT will finalize the geotechnical memorandum to coincide with the 100% design. Subtask 1.9: Biological Resources Assessment and Wetland Delineation CONSULTANT will produce a formal Biological Resources Technical Report (BRTR) to support the CEQA process and formal regulatory permitting. CONSULTANT biologists will conduct a site visit to assess for the potential of special status species to occur. CONSULTANT will also map any sensitive habitats such as creeks, wetlands, riparian habitat, and the lake. CONSULTANT will prepare the BRTR will be prepared to address all CEQA biological requirements. In addition, CONSULTANT will prepare a wetland delineation map and associated memo for Army Corps verification. CONSULTANT will provide draft reports to the CITY for one round of review. CONSULTANT will finalize draft reports based on CITY's review. Subtask 1.10: Cultural Resources Assessment CONSULTANT will complete of a review of the potential for cultural resources, as required by CEQA and the Army Corps permitting process as part of the project entitlement process. CONSULTANT may direct subconsultant, Thomas Origer Associates, to conduct the review of the cultural resources database to determine if any recorded sites are known from the area. CONSULTANT will then conduct a pedestrian survey of the site to assess the Project area. CONSULTANT will provide a report summarizing the findings from the database inquiry and site visit. If any sensitive cultural resources are found, CONSULTANT will provide suggested mitigation measures to support project implementation in a responsible manner. Optional Subtask 1.11: Vegetation Clearing (Add -Alternate Item) At CITY's request via Task Order, CONSULTANT will clear poison oak and other overgrowth Professional Services Rev. Jan 29, 2024 Page 18 of 32 Item 6: Staff Report Pg. 24 Packet Pg. 93 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 prior to survey and site assessment to permit ease of access. Task 1 Deliverables: • Hydrological Monitoring Data • Existing Conditions Topographic Map in CAD • Horizontal and vertical location of utility lines along road at bank erosion location and creek crossing integrated into CAD basemap • Location of Protected (City of Palo Alto) and Riparian (CDFW) trees regulated in the project area • Biological Resources Technical Report and Map of Jurisdictional Waters of the U.S. and State • Cultural Resources Report Task 2: Design Subtask 2.1: 30% Design Stage CONSULTANT will develop the preliminary Basis of Design (BoD) report outlining the project's scope, objectives, and preliminary design plan. The hydrologic, hydraulic and geotechnical analyses will be included with the BoD. CONSULTANT will develop a 30% design plan set including the following sheets: • Title • General Notes • Existing Conditions • Construction Access and Staging • Plan and Profile • Cross Sections • Revegetation Plan & Palette (per Task 4) • Details CONSULTANT will develop an opinion of probable construction cost (OPCC) consistent with the Association for Advancement of Cost Engineering International (AACE) Class 3 Estimate characteristics for the 30% design. CONSULTANT will reference City of Palo Alto Standard Specifications to compile technical specifications. CONSULTANT will identify anticipated modifications to the standard specifications due to unique design elements for the 30% design. Where feasible, CONSULTANT will incorporate elements of the temporary project (e.g. boulder and cobble) into the permanent design. CONSULTANT will address removal of material deemed inappropriate for reuse from the temporary project in the 30% BoD. CONSULTANT will submit these documents and drawings to the City for review. CONSULTANT will revise the BoD and drawings according to CITY'S comments and feedback. Professional Services Rev. Jan 29, 2024 Page 19 of 32 Item 6: Staff Report Pg. 25 Packet Pg. 94 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 CONSULTANT will conduct at least one set of revisions from the City before submitting to the regulatory agencies for review. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design. Subtask 2.2: 60% Design Stage Building upon the 30% drawings and BoD, CONSULTANT will further refine BoD and Plan, Specifications, and OPCC. CONSULTANT will then submit draft versions of these documents to the City for review. CONSULTANT will conduct at least one round of revisions with the City before submitting the documents to the permitting agencies. CONSULTANT will make revisions to address feedback from the regulatory agencies. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design. CONSULTANT will develop an OPCC consistent with the AACE Class 2 Estimate characteristics for the 60% design. CONSULTANT will compile a complete set of standard specifications, including descriptions of any necessary variances required for unique design elements. Subtask 2.3: 90% Design Stage CONSULTANT will finalize the BoD, plans, specifications and OPCC, incorporating all City and permitting agency feedback and comments. CONSULTANT will submit the final draft documents to the City for review. CONSULTANT will conduct at least one round of revisions with the City before submitting the documents to the permitting agencies. CONSULTANT will then submit the documents to the permitting agencies to ensure all comments have been addressed and the design meets all the requirements. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design. CONSULTANT will develop an OPCC consistent with the AACE Class 1 Estimate characteristics for the 90% design. CONSULTANT will modify the 60% specifications as needed to develop 90% specifications. Subtask 2.4: 100% Design Stage CONSULTANT will develop and submit the final, approved BoD, Plans, Specifications and OPCC to the City and permitting agency for approval. The City and permitting agency will review the documents one final time to ensure all requirements have been met and the design is ready to go out on bid and implementation. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design. CONSULTANT will develop an OPCC consistent with the AACE Class 1 Estimate characteristics for the 100% design. CONSULTANT will modify the 90% specifications as needed to develop the 100% specifications. Subtask 2.5 Alternatives Evaluation CONSULTANT will prepare an analysis of conceptual alternatives for design options in the Project area in a collaborative process with the City. This includes a comparison of the options discussed in the Regional Board permit and evaluating a range of criteria such as cost, safety, and operation & maintenance. Professional Services Rev. Jan 29, 2024 Page 20 of 32 Item 6: Staff Report Pg. 26 Packet Pg. 95 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 CONSULTANT will develop a scope of work according to permit requirements and CITY direction and corresponding professional services (e.g. design support, permitting, construction services support, revegetation plant plan, post construction monitoring support) fee estimate for delivering the utility relocation project. CONSULTANT will develop an OPCC consistent with the AACE Class 4 Estimate characteristics for each of the alternatives provided by the Water Board. CONSULTANT will develop an Alternatives Evaluation memorandum that will include the recommendation of a preferred design concept to carry in to the preliminary 30% design. Task 2 Deliverables: • Alternatives Evaluation Memorandum • 30% Design Plan Set, OPCC, and BoD Memorandum • 60% Design Plan Set, OPCC, and BoD Memorandum • 90% Design Plan Set, OPCC, and BoD Memorandum • 100% Design Plan Set, OPCC, and BoD Memorandum Task 3: Permitting CONSULTANT will identify the requirements of all relevant permitting agencies during the 30%, 60%, 90%, and 100% design stage. CONSULTANT will prepare and submit thorough application packages that address the agencies' requirements. CONSULTANT will engage with the agencies throughout the application review process. The permitting agencies include, but may not be limited to: A. California Department of Fish and Wildlife (CDFW) B. U.S. Army Corps of Engineers (USACE) C. San Francisco Regional Water Quality Control Board (SFRWQCB) D. California Environmental Quality Act (CEQA) / Initial Study Negative Declaration (ISND) It is possible that a Biological Opinion from the U.S. Fish and Wildlife Service (USFWS) for Section 7 Endangered Species Act (ESA) Consultation will be required. This is discussed in Subtask 3.1. The long-term channel stabilization project can be planned and designed from the outset as a multi -benefit project, maximizing ecological improvement that results in a stable channel and grade, restored native riparian habitat, and long-term protection of the existing utility lines as key outcomes. With project goals including native riparian and wetland habitat restoration, and restored channel function for long-term habitat gains, this design can be the basis for pre - application discussions with agency staff from USACE, CDFW, SFBRWQCB and USFWS on the applicability of programmatic permitting. Potential programmatic pathways, if supported by each agency, include the California Endangered Species Act Restoration Management Permit (RMP) for San Francisco garter snake, RWQCB 401 Statewide Restoration General Order (SRGO) and Programmatic Environmental Impact Report (PEIR), and USFWS Statewide Programmatic Biological Opinion for California red -legged frog and San Francisco garter snake. Professional Services Rev. Jan 29, 2024 Page 21 of 32 Item 6: Staff Report Pg. 27 Packet Pg. 96 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 If the agencies determine that the project's stream stabilization and utility line protection goa s are not consistent with programmatic restoration permits and approvals, CONSULTANT will prepare and submit standard permit applications that meet all regulatory requirements for approval by the regulatory agencies. These standard permits from the regulatory agencies include a Section 404 Nationwide Permit from the USACE, a 401 Water Quality Certification from the SFRWQCB, and a 1602 Lake or Streambed Alteration Agreement from the CDFW (in addition to the potential Biological Opinion from the USFWS). CEQA in the form of an Initial Study/Mitigation Negative Declaration will also be required. CONSULTANT will act as the City's Agent for the permitting process, complete all draft permit applications, provide to the City for one round of review, and then submit the applications and any additional required information as needed to the respective agencies. CONSULTANT will schedule and lead a pre -application meeting with the agencies if required and follow up with the agencies regularly to ensure the project is adhering to the schedule. If any additional information is requested by the agencies, CONSULTANT will work with the City to provide that. Similarly, CONSULTANT has recently successfully utilized the CEQA Statutory Exemption for Restoration Projects (SERP) available from CDFW to streamline the environmental review process. As the project description is developed and refined, CONSULTANT proposes to explore the potential applicability of the SERP to the project in consultation with CDFW's Cutting Green Tape team. If SERP is viewed as a viable alternative to standard CEQA review, CONSULTANT would propose preparing the required documentation to support CDFW concurrence. If it is concluded that the utility line protection aspect of the project disqualifies it from SERP, CONSULTANT staff is highly experienced at preparing CEQA documents and proposes preparing an Initial Study/Mitigated Negative Declaration (IS/MND) for the project consisting of the following components: • A CEQA-level description of the project • Administrative draft IS/MND • Screencheck IS/MND • Published IS/MND for 30 -day review accompanied by the CEQA Notice of Intent • Mitigation Monitoring and Reporting Program • Final IS/MND consisting of revisions and responses to comments on the public draft IS/MND • CEQA Notice of Determination The IS/MND will incorporate information from the cultural resources study, hydrology and hydraulics report, biological resources assessment, and other technical supporting material as appropriate. The IS/MND should be prepared once the project description is largely complete and stable, usually at the 60% design stage (although potentially earlier). It is assumed that the City will be the Lead Agency and that both CDFW and the RWQCB will serve as Responsible Agencies. Professional Services Rev. Jan 29, 2024 Page 22 of 32 Item 6: Staff Report Pg. 28 Packet Pg. 97 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 Upon receiving permit approvals, CONSULTANT will update the project Mitigation ivionitoring and Reporting Plan to ensure the Project's compliance with all the permit conditions. CONSULTANT will use our internal project management software to monitor the permit's status and ensure the project is on schedule. The design and construction management team will also stay in coordination with the permitting staff during project implementation to determine if there are permit amendments required if any meaningful changes to the design or implementation are needed. Subtask 3.1: USFWS Section 7 Biological Opinion (Add -Alternate Item) California red -legged frog, a federally listed species, is known from Matadero Creek, which Arastradero Creek is tributary to, less than 2 miles downstream of the Project. Arastradero Lake also provides suitable breeding habitat for the species. In addition, San Francisco Garter Snake, another federally listed species, is known from the region, and the lake also supports habitat for it. And finally, western pond turtle was recently proposed for listing as threatened under the federal ESA. There is a high likelihood it will be formally listed prior to the project going to construction, and it has a high likelihood of occurring in Arastradero Lake. Because of the potential for presence of these species, CONSULTANT feels it is likely that the Corps of Engineers will initiate Section 7 Consultation with the USFWS. CONSULTANT will develop a Biological Opinion as part of this task if required. Task 3 Deliverables: • CDFW permit application package and permit • USACE permit application package and permit • SFRWQCB permit application package and permit • Draft and Final Initial Study/Mitigated Negative Declaration Task 4: Revegetation Plant Plan CONSULTANT landscape architect and biologist will conduct a site assessment to evaluate current conditions and collect any necessary data to support the revegetation plant plan. We will collect data on existing vegetation, including native and invasive, non-native plants, and gather other relevant data on hydrology and soils as needed. We will also characterize the organization of existing riparian vegetation with respect to the channel cross section and aspect. The revegetation plant plan will include planting and erosion control plans and specifications, and the intention of the plans are to effectively stabilize the soil, prevent erosion, improve water quality, and enhance habitat for wildlife. The plant plan will consist of the proposed planting areas along the creek banks and surrounding areas, typical planting layouts, planting details, and a plant palette composed of species reflective of the native plant communities ecologically appropriate to the site. The erosion control plans will include seeding areas and erosion control measures as required for disturbed areas. CONSULTANT will develop a seed mix list that will be reviewed by GrassRoots Ecology. The planting plan and erosion control plan will be prepared at the 30%, 60%, 90%, and 100% design stages as described in Task 2. Optional Subtask 4.1: Temporary Irrigation Plan (Add -Alternate Item) A plan will be prepared for a temporary irrigation system to provide supplemental water to the plantings during the establishment period. We will work with the City to determine the location of the point of connection for irrigation water. The water main is unavailable near the site. We Professional Services Rev. Jan 29, 2024 Page 23 of 32 Item 6: Staff Report Pg. 29 Packet Pg. 98 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 will assess the existing pump station as a potential water source and we will identity alternative water sources, such as the use of a water buffalo or water tank. CONSULTANT may refine the scope and cost of this task with the City once we better understand the best option for providing water to the plants. Task 4 Deliverables: • 30% Revegetation and Erosion Control Plan • 60% Revegetation and Erosion Control Plan • 90% Revegetation and Erosion Control Plan • 100% Revegetation and Erosion Control Plan • Temporary Irrigation Plan (as requested by City) Task 5: Monitoring and Construction Management Support Once the project is bid and awarded to a Contractor, CONSULTANT will provide construction management support for the City throughout the entire construction phase. CONSULTANT staff regularly provide construction field services and construction management support to ensure implementation meets design intent and to make timely decisions when unanticipated changes are needed to keep construction moving. At CITY'S direction CONSULTANT will offer construction management support services including: • Supporting bid preparation and solicitation process; • Conduct the preconstruction meeting; • Support bid evaluation; Provide estimating progress and quantities; • Review payment applications; • Conduct a substantial completion walkthrough and punchlist; and • Develop as -built record drawings. CONSULTANT will include biological compliance monitoring of the Project and provide post - construction monitoring as required by the permitting agencies. Compliance monitoring would include pre -construction surveys for sensitive wildlife species. One, dusky -footed woodrat, is known to nest in the riparian area along the creek but several others have potential to occur. In addition, the regulatory permits will likely require that an approved biologist be present to observe construction during vegetation clearing and potential during in -channel work. The final scope of what will be required and the level of credentials that would be required won't be known until the final permits are issued. For costing purposes, we are assuming that fourteen days of compliance monitoring will be required. CONSULTANT will also conduct post -construction monitoring and reporting. The regulatory permits will have success criteria and reporting requirements for the restoration project. These will likely include channel geomorphic stability and vegetation success criteria plus annual reporting. CONSULTANT will conduct monitoring for two years following construction to assess the effectiveness of the restoration. Channel stability monitoring will be conducted at least once annually by a geomorphologist or engineer. If large storm events occur during the monitoring period (i.e., > 20 -year rainfall event), additional site visits will occur to assess the stability of the channel. In addition, an ecologist will conduct site visits to monitor the Professional Services Rev. Jan 29, 2024 Page 24 of 32 Item 6: Staff Report Pg. 30 Packet Pg. 99 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 establishment and growth of the restoration plantings and note the presence oii any weeus mat may need management. An annual report will be prepared with the requirements of the permits, the results of the monitoring, and any recommendations for remedial actions. CONSULTANT will submit a draft report to the City for one round of comments before submitting it to the regulatory agencies. Task 5 Deliverables: Construction Bid Schedule • Weekly construction observation reports • As -built record drawings • Post construction monitoring annual report(s) Professional Services Rev. Jan 29, 2024 Page 25 of 32 Item 6: Staff Report Pg. 31 Packet Pg. 100 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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 1 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) IA. MASTER AGREEMENT NO. (MAYBE 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 Professional Services Rev. Jan 29, 2024 Page 26 of 32 Item 6: Staff Report Pg. 32 Packet Pg. 101 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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 1. Task 1 (Data Collection) 2. Task 2 (Design) Completion Number of Days/Weeks (as specified below) from NTP 100 Working Days 300 Working Days 3. Task 3 (Permitting) 300 Working Days 4. Task 4 (Revegetation Plant Plan) 220 Working Days 5. Task 5 (Monitoring and Construction Management Support) 11/18/2024 — 10/15/2028 "Working Day" is defined as a non -holiday Monday - Friday ® 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. Professional Services Rev. Jan 29, 2024 Page 27 of 32 Item 6: Staff Report Pg. 33 Packet Pg. 102 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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 $203,636.00 (Data Collection) Task 2 $129,276.00 (Design) Task 3 $100,349.00 (Permitting) Task 4 $ 35,336.00 (Revegetation Plant Plan) Task 5 $242,603.00 (Monitoring and Construction Management Support) Sub -total for Services $711,200.00 Reimbursable Expenses (if any) $0 Total for Services and Reimbursable Expenses $711,200.00 Additional Services (if any, per Section 4) $197,606.00 Maximum Total Compensation $908,806.00 Professional Services Rev. Jan 29, 2024 Page 28 of 32 Item 6: Staff Report Pg. 34 Packet Pg. 103 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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. Professional Services Rev. Jan 29, 2024 Page 29 of 32 Item 6: Staff Report Pg. 35 Packet Pg. 104 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT'S schedule of rates is as follows: RATE SCHEDULE Director/Principal Senior Associate Associate Senior Scientist Scientist Senior Technician Technician Effective: January 1, 2024 $301 $262 $221 $201 $184 $165 $136 Landscape Design Senior Restoration Designer $278 Sr Associate Landscape Architect $262 Associate Landscape Architect $221 Landscape Architect $201 Landscape Designer III $184 Landscape Designer II $165 Landscape Designer I $144 Environmental Planning Senior Environmental Planner $278 Senior Public Access Planner $278 Sr Associate Environmental Planner $262 Associate Environmental Planner $221 Environmental Planner II $201 Environmental Planner I $184 Assistant Environmental Planner II $165 Assistant Environmental Planner $144 Conservation Strategies Conservation Strategies Sr Project Mgr $278 Conservation Strategies Sr Associate $262 Conservation Strategies Associate $236 Conservation Strategies Sr Scientist $204 Conservation Strategies Scientist $189 Conservation Strategies Sr Technician $173 Conservation Strategies Technician $151 Rates shown are per hour and subject to an annual adjustment each January 1St• Necessary project expenses and subconsultants are billed at cost plus ten percent. Engineering Senior Engineer $278 Sr Associate Engineer $270 Associate Engineer $236 Engineer II / Geomorphologist II $210 Engineer I / Geomorphologist I $189 Assistant Engineer II $173 Assistant Engineer $151 GIS Mapping & Analysis GIS Manager $262 GIS Professional II $210 GIS Professional $184 GIS Sr Technician $165 GIS Technician $144 Field Specialists Senior Field Technician $184 Field Technician $144 Junior Field Technician $119 Compliance Monitoring (OT = Rate x 1.5) Senior Project Biologist $129 Project Biologist $108 Grant Cultivation & Administration Community Resilience Team $90-194 Clerical Support $96 Expert Witness Rate x 1.5 Page 30 of 32 Professional Services Rev. Jan 29, 2024 Item 6: Staff Report Pg. 36 Packet Pg. 105 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract C25190936 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 REOUIREMENTS AS SPECIFIED HEREIN. MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY STATUTORY STATUTORY YES EMPLOYER'S LIABILITY STATUTORY YES GENERAL LIABILITY, INCLUDING BODILY INJURY $1,000,000 $1,000,000 PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, - EACH OCCURRENCE $1,000,000 $1,000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON -OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN ALL DAMAGES $1,000,000 APPLICABLE), AND NEGLIGENT PERFORMANCE 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 EMAIL: PURCHASINGSUPPORT(2 CITYOFPALOALTO.ORG 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 Professional Services Rev. Jan 29, 2024 Page 1 of 32 Item 6: Staff Report Pg. 37 Packet Pg. 106 of 378 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6 Attachment A - Contract I. C25190936 CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FO 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. C. NOTICE OF CANCELLATION 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 SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT(& CITYOFPALOALTO.ORG Professional Services Rev. Jan 29, 2024 Page 2 of 32 Item 6: Staff Report Pg. 38 Packet Pg. 107 of 378 Item 7 Item 7 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Human Resources ALTO Meeting Date: October 28, 2024 Report #:2408-3429 TITLE Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status - not a project RECOMMENDATION Staff recommends that the City Council: 1) Adopt revised salary schedules for the Unrepresented Management and Professional Compensation plan and the Service Employees International Association Local 521 in alignment with approved position changes adopted in the FY 2025 budget. 2) Adopt a revised Management and Professional Compensation plan to clarify the implementation of a change in benefits known as Flexible Compensation. EXECUTIVE SUMMARY In adopting the FY 2025 operating budget, the Council authorized net 27.17 FTE position additions and adjustments. These changes included deleting existing positions, reclassifying existing positions, and the creation of new job classifications within the City's unrepresented and represented employee groups. While funding was allocated for these position changes as part of the FY 2025 Adopted Budget, the final approved salary range is not adopted until the appropriate processes are completed, which sometimes requires a meet and confer with impacted labor unions. Adopting the revised salary schedules (Attachments A and B) approves the final salary range for positions that have completed the meet and confer process and allows the City to begin the recruitment process for these critical positions. Item 7: Staff Report Pg. 1 Packet Pg. 108 of 378 Item 7 Item 7 Staff Report On December 19, 2022 (ID #15004), Council approved changes to benefits offerings provided to unrepresented Management and Professional employees in which Medical Premium Reimbursements were held flat (no increase), and in lieu of those increases, a set dollar amount of 0.58 cents was added to hourly wage rates in 2023 and 2024. This employee benefit offset, or "Flexible Compensation," was not incorporated into the Management and Professional Compensation Plan for Council Appointed Officers at that time. Adopting the revision to the Management and Compensation Plan (Attachment C) ensures parity between Council Appointed Officers and unrepresented management as is customary related to overall benefits packages. BACKGROUND Under the Meyers Milias Brown Act "MMBA", organized labor groups have a right to meet and confer over the impacts of changes to wages, benefits, and working conditions applied to job classifications within their bargaining unit. The City has fulfilled its requirement to meet and confer with represented groups on changes included in the staff recommendation. The California Public Employees Retirement System ("CaIPERS") requires that every classification in active use by an employer within their system have a publicly adopted salary schedule or range within which the member organization will compensate employees. This publicly adopted salary schedule or range is the official document utilized for any employee final compensation factored by CaIPERS for future pension calculations or obligations. The "Flexible Compensation" described above represents an incremental shift of compensation from City coverage of medical insurance premium increases to employee salary. This provides flexibility for employees to choose how best to apply this compensation. Council Appointed Officers have individual employment agreements that outline annual salary and any specifically negotiated compensation; however, each employment agreement establishes that benefits are to be governed and in alignment with the Management and Professional Compensation Plan. When changes were made to the benefits section of the Management and Professional Compensation plan, they were done in a manner that inadvertently excluded Council Appointed Officers from receiving the change in benefit. This cleanup language ensures any future changes of this nature strictly for these employee benefits will be applied to Council Appointed Officers without requiring separate action by Council. ANALYSIS Staff have completed the required meet and confer process and/or internal position creation required for each of the positions brought before council tonight, and all actions have been accomplished within the FY2025 adopted operating budget amounts set aside for these position changes. Adopting the staff recommendation and revised salary schedules is an administrative step related to the Council's previous direction through the budget process. The classifications adjusted in this report include: Forensic Specialist, Forensic Coordinator, Item 7: Staff Report Pg. 2 Packet Pg. 109 of 378 Item 7 Item 7 Staff Report Assistant Director Information Technology, Management Fellow, Recruitment Division Manager, and Senior Program Manager. Additional classifications remain under way including a Plan Review Manager and Animal Caretaker Changes to the Management and Professional Compensation Plan are at the sole discretion of the City and no meet and confer obligation exists. FISCAL/RESOURCE IMPACT There is no fiscal impact anticipated from the actions recommended in this report as these adjustments have been factored into the FY 2025 Adopted Budget. STAKEHOLDER ENGAGEMENT City staff will post the revised salary schedules and revised Management and Professional Compensation Plan on the City's website after Council adoption for public access. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because adopting a revised salary schedules and compensation plan is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: SEIU Salary Schedule 2023 - 2024 (FY25) Attachment B: Management and Conf Salary Schedule Final 2023 - 2024 (FY25) Attachment C: Management Compensation Plan 2023-2025 2nd Revision of 2024 APPROVED BY: Sandra Blanch, Human Resources Director Item 7: Staff Report Pg. 3 Packet Pg. 110 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 206 Non -Exempt Acct Assistant 1 $ 29.99 1 $ 31.20 2 $ 31.57 2 $ 32.84 3 $ 33.23 3 $ 34.57 4 $ 34.98 4 $ 36.39 5 $ 36.82 $ 6,382 $ 76,586 5 $ 38.30 $ 6,639 $ 79,664 204 Non -Exempt Acct Spec 1 $ 35.04 1 $ 36.44 2 $ 36.88 2 $ 38.36 3 $ 38.82 3 $ 40.38 4 $ 40.86 4 $ 42.50 5 $ 43.01 $ 7,455 I $ 89,461 5 $ 44.74 $ 7,755I $ 93,059 207 Non -Exempt Acct Spec -Lead 1 $ 37.52 1 $ 39.02 2 $ 39.49 2 $ 41.07 3 $ 41.57 3 $ 43.23 4 $ 43.76 4 $ 45.51 5 $ 46.06 $ 7,984 $ 95,805 5 $ 47.91 $ 8,304 $ 99,653 294 Non -Exempt Administrative Associate I 1 $ 31.15 1 $ 32.40 2 $ 32.79 2 $ 34.11 3 $ 34.52 3 $ 35.90 4 $ 36.34 4 $ 37.79 5 $ 38.25 $ 6,630 $ 79,560 5 $ 39.78 $ 6,895 I $ 82,742 295 Non -Exempt Administrative Associate II 1 $ 33.85 1 $ 35.21 2 $ 35.63 2 $ 37.06 3 $ 37.50 3 $ 39.01 4 $ 39.47 4 $ 41.06 5 $ 41.55 $ 7,202 $ 86,424 5 $ 43.22 $ 7,491 $ 89,898 296 Non -Exempt Administrative Associate III 1 $ 36.27 1 $ 37.73 2 $ 38.18 2 $ 39.72 3 $ 40.19 3 $ 41.81 4 $ 42.31 4 $ 44.01 5 $ 44.54 $ 7,720 $ 92,643 5 $ 46.33 $ 8,031 $ 96,366 276 Non -Exempt Animal Control Off 1 $ 31.83 1 $ 33.12 2 $ 33.51 2 $ 34.86 3 $ 35.27 3 $ 36.69 4 $ 37.13 4 $ 38.62 5 $ 39.08 $ 6,774 $ 81,286 5 $ 40.65 $ 7,046 $ 84,552 312 Non -Exempt Animal Control Off - L 1 $ 34.05 1 $ 35.43 2 $ 35.84 2 $ 37.29 3 $ 37.73 3 $ 39.25 4 $ 39.72 4 $ 41.32 Item 7: Staff Report Pg. 4 1 Packet Pg. 111 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 5 $ 41.81 $ 7,247 $ 86,965 5 $ 43.49 $ 7,538 $ 90,459 244 Non -Exempt Assoc Buyer 1 $ 42.63 1 $ 44.34 2 $ 44.87 2 $ 46.67 3 $ 47.23 3 $ 49.13 4 $ 49.72 4 $ 51.72 5 $ 52.34 $ 9,072 $ 108,867 5 $ 54.44 $ 9,436 $ 113,235 333 Non -Exempt Assoc Engineer 1 $ 57.86 1 $ 60.19 2 $ 60.91 2 $ 63.36 3 $ 64.12 3 $ 66.69 4 $ 67.49 4 $ 70.20 5 $ 71.04 $ 12,314 $ 147,763 5 $ 73.89 $ 12,808 $ 153,691 353 Non -Exempt Assoc Planner 1 $ 46.42 1 $ 48.28 2 $ 48.86 2 $ 50.82 3 $ 51.43 3 $ 53.49 4 $ 54.14 4 $ 56.31 5 $ 56.99 $ 9,878 $ 118,539 5 $ 59.27 $ 10,273 $ 123,282 247 Non -Exempt Assoc Power Engr 1 $ 61.62 1 $ 64.08 2 $ 64.86 2 $ 67.45 3 $ 68.27 3 $ 71.00 4 $ 71.86 4 $ 74.74 5 $ 75.64 $ 13,111 $ 157,331 5 $ 78.67 $ 13,636 $ 163,634 269 Non -Exempt Assoc Res Planner 1 $ 53.72 1 $ 55.87 2 $ 56.55 2 $ 58.81 3 $ 59.53 3 $ 61.91 4 $ 62.66 4 $ 65.17 5 $ 65.96 $ 11,433 $ 137,197 5 $ 68.60 $ 11,891 $ 142,688 330 Non -Exempt Asst Engineer 1 $ 52.42 1 $ 54.52 2 $ 55.18 2 $ 57.39 3 $ 58.08 3 $ 60.41 4 $ 61.14 4 $ 63.59 5 $ 64.36 $ 11,156 $ 133,869 5 $ 66.94 $ 11,603 $ 139,235 256 Non -Exempt Asst Power Engr 1 $ 55.64 1 $ 57.86 2 $ 58.57 2 $ 60.91 3 $ 61.65 3 $ 64.12 4 $ 64.89 4 $ 67.49 5 $ 68.30 $ 11,839 $ 142,064 5 $ 71.04 $ 12,314 $ 147,763 268 Non -Exempt Asst Res Planner 1 $ 48.51 1 $ 50.45 2 $ 51.06 2 $ 53.11 3 $ 53.75 3 $ 55.91 Item 7: Staff Report Pg. 5 1 Packet Pg. 112 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 4 $ 56.58 4 $ 58.85 5 $ 59.56 $ 10,324 $ 123,885 5 $ 61.95 $ 10,738 $ 128,856 TBD Non -Exempt Assoc. Sustainability Program Admin 1 $ 44.36 1 $ 46.13 2 $ 46.70 2 $ 48.56 3 $ 49.15 3 $ 51.12 4 $ 51.74 4 $ 53.81 5 $ 54.46 $ 9,440 $ 113,277 5 $ 56.64 $ 9,818 $ 117,811 299 Non -Exempt Bldg Inspector 1 $ 48.56 1 $ 50.50 2 $ 51.12 2 $ 53.16 3 $ 53.81 3 $ 55.96 4 $ 56.64 4 $ 58.91 5 $ 59.62 $ 10,334 $ 124,010 5 $ 62.01 $ 10,748 $ 128,981 300 Non -Exempt Bldg Inspector Spec 1 $ 51.85 1 $ 53.92 2 $ 54.58 2 $ 56.76 3 $ 57.45 3 $ 59.75 4 $ 60.47 4 $ 62.89 5 $ 63.65 $ 11,033 $ 132,392 5 $ 66.20 $ 11,475 $ 137,696 370 Non -Exempt Bldg Serviceperson 1 $ 27.94 1 $ 29.07 2 $ 29.41 2 $ 30.60 3 $ 30.96 3 $ 32.21 4 $ 32.59 4 $ 33.91 5 $ 34.31 $ 5,947I $ 71,365 5 $ 35.69 $ 6,186 $ 74,235 371 Non -Exempt Bldg Serviceperson-L 1 $ 29.91 1 $ 31.11 2 $ 31.48 2 $ 32.75 3 $ 33.14 3 $ 34.47 4 $ 34.88 4 $ 36.28 5 $ 36.72 $ 6,365 $ 76,378 5 $ 38.19 $ 6,620 $ 79,435 355 Non -Exempt Bldg/Plg Technician 1 $ 37.64 1 $ 39.16 2 $ 39.62 2 $ 41.22 3 $ 41.71 3 $ 43.39 4 $ 43.91 4 $ 45.67 5 $ 46.22 $ 8,011 $ 96,138 5 $ 48.07 $ 8,332 $ 99,986 340 Non -Exempt Business Analyst 1 $ 66.45 1 $ 69.12 2 $ 69.95 2 $ 72.76 3 $ 73.63 3 $ 76.59 4 $ 77.51 4 $ 80.62 5 $ 81.59 $ 14,142 $ 169,707 5 $ 84.86 $ 14,709 $ 176,509 1 $ 66.45 1 $ 69.12 2 $ 69.95 2 $ 72.76 Item 7: Staff Report Pg. 6 1 Packet Pg. 113 of 378 Service Employees International Union (SEIU) Salary Sche Item 7 Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 3400 Non -Exempt Business Analyst - S 3 $ 73.63 3 $ 76.59 4 $ 77.51 4 $ 80.62 5 $ 81.59 $ 14,142 $ 169,707 5 $ 84.86 $ 14,709 $ 176,509 212 Non -Exempt Buyer 1 $ 46.94 1 $ 48.82 2 $ 49.41 2 $ 51.39 3 $ 52.01 3 $ 54.09 4 $ 54.75 4 $ 56.94 5 $ 57.63 $ 9,989 $ 119,870 5 $ 59.94 $ 10,390 $ 124,675 464 Non -Exempt Cathodic Protection Tech Assistant 1 $ 47.49 1 $ 49.39 2 $ 49.99 2 $ 51.99 3 $ 52.62 3 $ 54.73 4 $ 55.39 4 $ 57.61 5 $ 58.30 $ 10,105 $ 121,264 5 $ 60.64 $ 10,511 $ 126,131 536 Non -Exempt Cathodic Tech 1 $ 58.26 1 $ 60.61 2 $ 61.33 2 $ 63.80 3 $ 64.56 3 $ 67.16 4 $ 67.96 4 $ 70.69 5 $ 71.54 $ 12,400 $ 148,803 5 $ 74.41 $ 12,898 $ 154,773 208 Non -Exempt CDBG Coordinator 1 $ 49.61 1 $ 51.59 2 $ 52.22 2 $ 54.31 3 $ 54.97 3 $ 57.17 4 $ 57.86 4 $ 60.18 5 $ 60.91 $ 10,558 $ 126,693 5 $ 63.35 $ 10,981 $ 131,768 408 Non -Exempt Cement Finisher 1 $ 40.34 1 $ 41.95 2 $ 42.46 2 $ 44.16 3 $ 44.69 3 $ 46.48 4 $ 47.04 4 $ 48.93 5 $ 49.52 $ 8,583 $ 103,002 5 $ 51.51 $ 8,928 $ 107,141 409 Non -Exempt Cement Finisher Lead 1 $ 43.13 1 $ 44.86 2 $ 45.40 2 $ 47.22 3 $ 47.79 3 $ 49.71 4 $ 50.31 4 $ 52.33 5 $ 52.96 $ 9,180 $ 110,157 5 $ 55.08 $ 9,547I $ 114,566 502 Non -Exempt Chemist 1 $ 48.06 1 $ 49.98 2 $ 50.59 2 $ 52.61 3 $ 53.25 3 $ 55.38 4 $ 56.05 4 $ 58.29 5 $ 59.00 $ 10,227 $ 122,720 5 $ 61.36 $ 10,636 $ 127,629 1 $ 51.95 1 $ 54.04 Item 7: Staff Report Pg. 7 1 Packet Pg. 114 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 239 Non -Exempt Chf Inspec WGW 2 $ 54.68 2 $ 56.88 3 $ 57.56 3 $ 59.87 4 $ 60.59 4 $ 63.02 5 $ 63.78 $ 11,055 $ 132,662 5 $ 66.34 $ 11,499 $ 137,987 301 Non -Exempt Code Enforcement Off 1 $ 46.66 1 $ 48.53 2 $ 49.12 2 $ 51.08 3 $ 51.70 3 $ 53.77 4 $ 54.42 4 $ 56.60 5 $ 57.28 $ 9,929 $ 119,142 5 $ 59.58 $ 10,327 $ 123,926 560 Non -Exempt Code Enforcement Off - L 1 $ 49.91 1 $ 51.90 2 $ 52.54 2 $ 54.63 3 $ 55.30 3 $ 57.51 4 $ 58.21 4 $ 60.54 5 $ 61.27 $ 10,620 $ 127,442 5 $ 63.73 $ 11,047 $ 132,558 306 Non -Exempt Comm Tech 1 $ 46.35 1 $ 48.21 2 $ 48.79 2 $ 50.75 3 $ 51.36 3 $ 53.42 4 $ 54.06 4 $ 56.23 5 $ 56.91 $ 9,864 $ 118,373 5 $ 59.19 $ 10,260 $ 123,115 702 Non -Exempt Community Sery Offcr 1 $ 35.16 1 $ 36.58 2 $ 37.01 2 $ 38.50 3 $ 38.96 3 $ 40.53 4 $ 41.01 4 $ 42.66 5 $ 43.17 $ 7,483 $ 89,794 5 $ 44.90 $ 7,783 $ 93,392 320 Non -Exempt Community Service Officer - Lead 1 $ 37.60 1 $ 39.10 2 $ 39.58 2 $ 41.16 3 $ 41.66 3 $ 43.33 4 $ 43.85 4 $ 45.61 5 $ 46.16 $ 8,001 $ 96,013 5 $ 48.01 $ 8,322 $ 99,861 341 Non -Exempt Coor Trans Sys Mgmt 1 $ 48.43 1 $ 50.36 2 $ 50.98 2 $ 53.01 3 $ 53.66 3 $ 55.80 4 $ 56.48 4 $ 58.74 5 $ 59.45 $ 10,305 $ 123,656 5 $ 61.83 $ 10,717 $ 128,606 3410 Non -Exempt Coor Trans Sys Mgmt - S 1 $ 48.43 1 $ 50.36 2 $ 50.98 2 $ 53.01 3 $ 53.66 3 $ 55.80 4 $ 56.48 4 $ 58.74 5 $ 59.45 $ 10,305 $ 123,656 5 $ 61.83 $ 10,717 $ 128,606 Item 7: Staff Report Pg. 8 Packet Pg. 115 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 255 Non -Exempt Coord Library Prog 1 $ 46.36 1 $ 48.22 2 $ 48.80 2 $ 50.76 3 $ 51.37 3 $ 53.43 4 $ 54.07 4 $ 56.24 5 $ 56.92 $ 9,866 $ 118,394 5 $ 59.20 $ 10,261 $ 123,136 342 Non -Exempt Coord Pub Wks Proj 1 $ 46.02 1 $ 47.85 2 $ 48.44 2 $ 50.37 3 $ 50.99 3 $ 53.02 4 $ 53.67 4 $ 55.81 5 $ 56.49 $ 9,792 $ 117,499 5 $ 58.75 $ 10,183 $ 122,200 317 Non -Exempt Coord Rec Prog 1 $ 39.52 1 $ 41.11 2 $ 41.60 2 $ 43.27 3 $ 43.79 3 $ 45.55 4 $ 46.09 4 $ 47.95 5 $ 48.52 $ 8,410 $ 100,922 5 $ 50.47 $ 8,748 $ 104,978 344 Non -Exempt Coord Utility Proj 1 $ 49.69 1 $ 51.68 2 $ 52.30 2 $ 54.40 3 $ 55.05 3 $ 57.26 4 $ 57.95 4 $ 60.27 5 $ 61.00 $ 10,573 $ 126,880 5 $ 63.44 $ 10,996 $ 131,955 3440 Non -Exempt Coord Utility Proj - S 1 $ 49.69 1 $ 51.68 2 $ 52.30 2 $ 54.40 3 $ 55.05 3 $ 57.26 4 $ 57.95 4 $ 60.27 5 $ 61.00 $ 10,573 $ 126,880 5 $ 63.44 $ 10,996 $ 131,955 242 Non -Exempt Coord Zero Waste 1 $ 44.16 1 $ 45.93 2 $ 46.48 2 $ 48.35 3 $ 48.93 3 $ 50.89 4 $ 51.51 4 $ 53.57 5 $ 54.22 $ 9,398 I $ 112,778 5 $ 56.39 $ 9,774I $ 117,291 205 Non -Exempt Court Liaison Officer 1 $ 45.76 1 $ 47.59 2 $ 48.17 2 $ 50.09 3 $ 50.70 3 $ 52.73 4 $ 53.37 4 $ 55.51 5 $ 56.18 $ 9,738 $ 116,854 5 $ 58.43 $ 10,128 $ 121,534 214 Non -Exempt Crime Analyst 1 $ 45.76 1 $ 47.59 2 $ 48.17 2 $ 50.09 3 $ 50.70 3 $ 52.73 4 $ 53.37 4 $ 55.51 Item 7: Staff Report Pg. 9 1 Packet Pg. 116 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 5 $ 56.18 $ 9,738 $ 116,854 5 $ 58.43 $ 10,128 $ 121,534 415 Non -Exempt Cust Sri Specialist -L 1 $ 38.69 1 $ 40.25 2 $ 40.73 2 $ 42.37 3 $ 42.87 3 $ 44.60 4 $ 45.13 4 $ 46.95 5 $ 47.51 $ 8,235 $ 98,821 5 $ 49.42 $ 8,566 $ 102,794 218 Non -Exempt Cust Svc Represent 1 $ 32.92 1 $ 34.23 2 $ 34.65 2 $ 36.03 3 $ 36.47 3 $ 37.93 4 $ 38.39 4 $ 39.93 5 $ 40.41 $ 7,004 $ 84,053 5 $ 42.03 $ 7,285 $ 87,422 217 Non -Exempt Cust Svc Spec 1 $ 36.20 1 $ 37.64 2 $ 38.10 2 $ 39.62 3 $ 40.10 3 $ 41.71 4 $ 42.21 4 $ 43.90 5 $ 44.43 $ 7,701 $ 92,414 5 $ 46.21 $ 8,010 $ 96,117 260 Non -Exempt Desktop Technician 1 $ 44.86 1 $ 46.66 2 $ 47.22 2 $ 49.12 3 $ 49.71 3 $ 51.71 4 $ 52.33 4 $ 54.43 5 $ 55.08 $ 9,547I $ 114,566 5 $ 57.29 $ 9,930 $ 119,163 514 Non -Exempt Development Project Coordinator I 1 $ 37.31 1 $ 38.82 2 $ 39.27 2 $ 40.86 3 $ 41.34 3 $ 43.01 4 $ 43.52 4 $ 45.27 5 $ 45.81 $ 7,940 $ 95,285 5 $ 47.65 $ 8,259 $ 99,112 515 Non -Exempt Development Project Coordinator II 1 $ 42.39 1 $ 44.09 2 $ 44.62 2 $ 46.41 3 $ 46.97 3 $ 48.85 4 $ 49.44 4 $ 51.42 5 $ 52.04 $ 9,020 $ 108,243 5 $ 54.13 $ 9,383 $ 112,590 516 Non -Exempt Development Project Coordinator III 1 $ 46.75 1 $ 48.63 2 $ 49.21 2 $ 51.19 3 $ 51.80 3 $ 53.88 4 $ 54.53 4 $ 56.72 5 $ 57.40 $ 9,949 $ 119,392 5 $ 59.70 $ 10,348 $ 124,176 533 Non -Exempt Elec Asst I 1 $ 42.05 1 $ 43.74 2 $ 44.26 2 $ 46.04 3 $ 46.59 3 $ 48.46 Item 7: Staff Report Pg. 10 Packet Pg. 117 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 4 $ 49.04 4 $ 51.01 5 $ 51.62 $ 8,947 $ 107,370 5 $ 53.69 $ 9,306 $ 111,675 267 Non -Exempt Elec Undgd Inspec 1 $ 52.96 1 $ 55.09 2 $ 55.75 2 $ 57.99 3 $ 58.68 3 $ 61.04 4 $ 61.77 4 $ 64.25 5 $ 65.02 $ 11,270 $ 135,242 5 $ 67.63 $ 11,723 $ 140,670 345 Non -Exempt Electric Project Engineer 1 $ 73.81 1 $ 76.76 2 $ 77.69 2 $ 80.80 3 $ 81.78 3 $ 85.05 4 $ 86.08 4 $ 89.53 5 $ 90.61 $ 15,706 $ 188,469 5 $ 94.24 $ 16,335 $ 196,019 3450 Non -Exempt Electric Project Engineer - S 1 $ 73.81 1 $ 76.76 2 $ 77.69 2 $ 80.80 3 $ 81.78 3 $ 85.05 4 $ 86.08 4 $ 89.53 5 $ 90.61 $ 15,706 $ 188,469 5 $ 94.24 $ 16,335 $ 196,019 292 Non -Exempt Electric Underground Inspector - Lead 1 $ 56.63 1 $ 58.91 2 $ 59.61 2 $ 62.01 3 $ 62.75 3 $ 65.27 4 $ 66.05 4 $ 68.70 5 $ 69.53 $ 12,052 $ 144,622 5 $ 72.32 $ 12,535 $ 150,426 527 Non -Exempt Electrical Equipment Tech 1 $ 54.11 1 $ 56.29 2 $ 56.96 2 $ 59.25 3 $ 59.96 3 $ 62.37 4 $ 63.12 4 $ 65.65 5 $ 66.44 $ 11,516 $ 138,195 5 $ 69.10 $ 11,977 $ 143,728 530 Non -Exempt Electrician 1 $ 51.31 1 $ 53.35 2 $ 54.01 2 $ 56.16 3 $ 56.85 3 $ 59.12 4 $ 59.84 4 $ 62.23 5 $ 62.99 $ 10,918 $ 131,019 5 $ 65.51 $ 11,355 $ 136,261 529 Non -Exempt Electrician-Appren 1 $ 48.57 1 $ 50.51 2 $ 51.13 2 $ 53.17 3 $ 53.82 3 $ 55.97 4 $ 56.65 4 $ 58.92 5 $ 59.63 $ 10,336 $ 124,030 5 $ 62.02 $ 10,750 $ 129,002 1 $ 54.95 1 $ 57.13 2 $ 57.84 2 $ 60.14 Item 7: Staff Report Pg. 11 1 Packet Pg. 118 of 378 Service Employees International Union (SEIU) Salary Sche Item 7 Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 535 Non -Exempt Electrician -Lead 3 $ 60.88 3 $ 63.31 4 $ 64.08 4 $ 66.64 5 $ 67.45 $ 11,691 $ 140,296 5 $ 70.15 $ 12,159 $ 145,912 399 Non -Exempt Emergency Med Svs Data Specialist 1 $ 36.27 1 $ 37.73 2 $ 38.18 2 $ 39.72 3 $ 40.19 3 $ 41.81 4 $ 42.31 4 $ 44.01 5 $ 44.54 $ 7,720 $ 92,643 5 $ 46.33 $ 8,031 $ 96,366 311 Non -Exempt Eng Tech I 1 $ 36.16 1 $ 37.61 2 $ 38.06 2 $ 39.59 3 $ 40.06 3 $ 41.67 4 $ 42.17 4 $ 43.86 5 $ 44.39 $ 7,694 $ 92,331 5 $ 46.17 $ 8,003 $ 96,034 332 Non -Exempt Engineer 1 $ 65.18 1 $ 67.79 2 $ 68.61 2 $ 71.36 3 $ 72.22 3 $ 75.12 4 $ 76.02 4 $ 79.07 5 $ 80.02 $ 13,870 $ 166,442 5 $ 83.23 $ 14,427 $ 173,118 323 Non -Exempt Engr Tech II 1 $ 39.11 1 $ 40.69 2 $ 41.17 2 $ 42.83 3 $ 43.34 3 $ 45.08 4 $ 45.62 4 $ 47.45 5 $ 48.02 $ 8,323 $ 99,882 5 $ 49.95 $ 8,658 $ 103,896 319 Non -Exempt Engr Tech III 1 $ 43.68 1 $ 45.43 2 $ 45.98 2 $ 47.82 3 $ 48.40 3 $ 50.34 4 $ 50.95 4 $ 52.99 5 $ 53.63 $ 9,296 $ 111,550 5 $ 55.78 $ 9,669 $ 116,022 257 Non -Exempt Environmental Spec 1 $ 53.45 1 $ 55.59 2 $ 56.26 2 $ 58.52 3 $ 59.22 3 $ 61.60 4 $ 62.34 4 $ 64.84 5 $ 65.62 $ 11,374 $ 136,490 5 $ 68.25 $ 11,830 $ 141,960 211 Non -Exempt Equip Maint Sery Per 1 $ 30.67 1 $ 31.89 2 $ 32.28 2 $ 33.57 3 $ 33.98 3 $ 35.34 4 $ 35.77 4 $ 37.20 5 $ 37.65 $ 6,526 $ 78,312 5 $ 39.16 $ 6,788 $ 81,453 1 $ 39.55 1 $ 41.14 Item 7: Staff Report Pg. 12 1 Packet Pg. 119 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 396 Non -Exempt Equip Operator 2 $ 41.63 2 $ 43.30 3 $ 43.82 3 $ 45.58 4 $ 46.13 4 $ 47.98 5 $ 48.56 $ 8,417 $ 101,005 5 $ 50.51 $ 8,755 $ 105,061 397 Non -Exempt Equip Operator - Lead 1 $ 42.32 1 $ 44.01 2 $ 44.55 2 $ 46.33 3 $ 46.89 3 $ 48.77 4 $ 49.36 4 $ 51.34 5 $ 51.96 $ 9,006 $ 108,077 5 $ 54.04 $ 9,367 $ 112,403 250 Non -Exempt Equip Parts Tech 1 $ 34.63 1 $ 36.02 2 $ 36.45 2 $ 37.92 3 $ 38.37 3 $ 39.92 4 $ 40.39 4 $ 42.02 5 $ 42.52 $ 7,370 $ 88,442 5 $ 44.23 $ 7, 667 $ 91,998 203 Non -Exempt Facilities Asst 1 $ 30.96 1 $ 32.19 2 $ 32.59 2 $ 33.88 3 $ 34.30 3 $ 35.66 4 $ 36.10 4 $ 37.54 5 $ 38.00 $ 6,587 $ 79,040 5 $ 39.52 $ 6,850 $ 82,202 374 Non -Exempt Facilities Carpenter 1 $ 41.93 1 $ 43.60 2 $ 44.14 2 $ 45.89 3 $ 46.46 3 $ 48.31 4 $ 48.90 4 $ 50.85 5 $ 51.47 $ 8,921 $ 107,058 5 $ 53.53 $ 9,279 $ 111,342 375 Non -Exempt Facilities Elect 1 $ 42.52 1 $ 44.23 2 $ 44.76 2 $ 46.56 3 $ 47.12 3 $ 49.01 4 $ 49.60 4 $ 51.59 5 $ 52.21 $ 9,050 $ 108,597 5 $ 54.30 $ 9,412 $ 112,944 373 Non -Exempt Facilities Maint-L 1 $ 54.90 1 $ 57.10 2 $ 57.79 2 $ 60.11 3 $ 60.83 3 $ 63.27 4 $ 64.03 4 $ 66.60 5 $ 67.40 $ 11,683 $ 140,192 5 $ 70.10 $ 12,151 $ 145,808 377 Non -Exempt Facilities Painter 1 $ 40.34 1 $ 41.95 2 $ 42.46 2 $ 44.16 3 $ 44.69 3 $ 46.48 4 $ 47.04 4 $ 48.93 5 $ 49.52 $ 8,583 $ 103,002 5 $ 51.51 $ 8,928 $ 107,141 Item 7: Staff Report Pg. 13 1 Packet Pg. 120 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A- SEW Salary Schedule 2023-2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 376 Non -Exempt Facilities Tech 1 $ 41.93 1 $ 43.60 2 $ 44.14 2 $ 45.89 3 $ 46.46 3 $ 48.31 4 $ 48.90 4 $ 50.85 5 $ 51.47 $ 8,921 $ 107,058 5 $ 53.53 $ 9,279 $ 111,342 462 Non -Exempt Field Service Pers WGW 1 $ 39.47 1 $ 41.06 2 $ 41.55 2 $ 43.22 3 $ 43.74 3 $ 45.49 4 $ 46.04 4 $ 47.88 5 $ 48.46 $ 8,400 $ 100,797 5 $ 50.40 $ 8,736 $ 104,832 383 Non -Exempt Fleet Svcs Coord 1 $ 41.24 1 $ 42.88 2 $ 43.41 2 $ 45.14 3 $ 45.69 3 $ 47.52 4 $ 48.09 4 $ 50.02 5 $ 50.62 $ 8,774 $ 105,290 5 $ 52.65 $ 9,126 $ 109,512 329 Non -Exempt Forensic Coordinator 1 $ 50.93 2 $ 53.61 3 $ 56.43 4 $ 59.40 5 $ 62.53 $ 10,839 $ 130,062 328 Non -Exempt Forensic Specialist 1 $ 47.59 2 $ 50.09 3 $ 52.73 4 $ 55.51 5 $ 58.43 $ 10,128 $ 121,534 419 Non -Exempt Assistant Gas Measurement and Control Technician 1 $ 44.92 1 $ 46.72 2 $ 47.28 2 $ 49.18 3 $ 49.77 3 $ 51.77 4 $ 52.39 4 $ 54.49 5 $ 55.15 $ 9,559 I $ 114,712 5 $ 57.36 $ 9,942 $ 119,309 418 Non -Exempt Gas Measurement and Control Technician 1 $ 47.17 1 $ 49.06 2 $ 49.65 2 $ 51.64 3 $ 52.26 3 $ 54.36 4 $ 55.01 4 $ 57.22 5 $ 57.91 $ 10,038 $ 120,453 5 $ 60.23 $ 10,440 $ 125,278 417 Non -Exempt Assistant Gas and Water Measurement and Control Technician Techn 1 $ 47.18 1 $ 49.07 2 $ 49.66 2 $ 51.65 3 $ 52.27 3 $ 54.37 4 $ 55.02 4 $ 57.23 5 $ 57.92 $ 10,039 $ 120,474 5 $ 60.24 $ 10,442 $ 125,299 416 Non -Exempt 1 $ 49.54 2 $ 52.15 Gas and Water Measurement and Control Technician 3 $ 54.89 4 $ 57.78 Item 7: Staff Report Pg. 14 " f 1 $ 51.54 2 $ 54.25 3 $ 57.10 4 $ 60.10 $ 131,581 Packet Pg. 121 of 378 Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 1 $ 55.79 1 $ 58.03 2 $ 58.73 2 $ 61.08 398 Non -Exempt Geographic Inform Syst Specialist 3 $ 61.82 3 $ 64.29 4 $ 65.07 4 $ 67.67 Item 7: Staff Report Pg. 15 1 Packet Pg. 122 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 5 $ 68.49 $ 11,872 $ 142,459 5 $ 71.23 $ 12,347 $ 148,158 390 Non -Exempt Heavy Equip Oper 1 $ 47.34 1 $ 49.24 2 $ 49.83 2 $ 51.83 3 $ 52.45 3 $ 54.56 4 $ 55.21 4 $ 57.43 5 $ 58.12 $ 10,074 $ 120,890 5 $ 60.45 $ 10,478 $ 125,736 391 Non -Exempt Heavy Equip Oper-L 1 $ 50.62 1 $ 52.64 2 $ 53.28 2 $ 55.41 3 $ 56.08 3 $ 58.33 4 $ 59.03 4 $ 61.40 5 $ 62.14 $ 10,771 $ 129,251 5 $ 64.63 $ 11,203 $ 134,430 571 Non -Exempt Electric Heavy Equip Oper 1 $ 50.27 1 $ 52.29 2 $ 52.92 2 $ 55.04 3 $ 55.71 3 $ 57.94 4 $ 58.64 4 $ 60.99 5 $ 61.73 $ 10,700 $ 128,398 5 $ 64.20 $ 11,128 $ 133,536 572 Non -Exempt WGW Heavy Equip Oper 1 $ 46.93 1 $ 48.81 2 $ 49.40 2 $ 51.38 3 $ 52.00 3 $ 54.08 4 $ 54.74 4 $ 56.93 5 $ 57.62 $ 9,987 $ 119,850 5 $ 59.93 $ 10,388 $ 124,654 508 Non -Exempt Ind Waste Inspec 1 $ 44.91 1 $ 46.71 2 $ 47.27 2 $ 49.17 3 $ 49.76 3 $ 51.76 4 $ 52.38 4 $ 54.48 5 $ 55.14 $ 9,558 $ 114,691 5 $ 57.35 $ 9,941 $ 119,288 258 Non -Exempt Ind Waste lnvtgtr 1 $ 50.45 1 $ 52.48 2 $ 53.11 2 $ 55.24 3 $ 55.91 3 $ 58.15 4 $ 58.85 4 $ 61.21 5 $ 61.95 $ 10,738 $ 128,856 5 $ 64.43 $ 11,168 $ 134,014 365 Non -Exempt Industrial Waste Technician 1 $ 40.56 1 $ 42.18 2 $ 42.69 2 $ 44.40 3 $ 44.94 3 $ 46.74 4 $ 47.30 4 $ 49.20 5 $ 49.79 $ 8,630 $ 103,563 5 $ 51.79 $ 8,977 $ 107,723 227 Non -Exempt Inspector, Field Svc 1 $ 46.90 1 $ 48.79 2 $ 49.37 2 $ 51.36 3 $ 51.97 3 $ 54.06 Item 7: Staff Report Pg. 16 Packet Pg. 123 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 4 $ 54.70 4 $ 56.90 5 $ 57.58 $ 9,981 $ 119,766 5 $ 59.89 $ 10,381 $ 124,571 308 Non -Exempt Instrum Elec 1 $ 48.38 1 $ 50.32 2 $ 50.93 2 $ 52.97 3 $ 53.61 3 $ 55.76 4 $ 56.43 4 $ 58.69 5 $ 59.40 $ 10,296 $ 123,552 5 $ 61.78 $ 10,709 $ 128,502 293 Non -Exempt Educator 1 $ 35.35 1 $ 36.77 2 $ 37.21 2 $ 38.70 3 $ 39.17 3 $ 40.74 4 $ 41.23 4 $ 42.88 5 $ 43.40 $ 7,523 $ 90,272 5 $ 45.14 $ 7,824 $ 93,891 503 Non -Exempt Laboratory Tech Wqc 1 $ 42.99 1 $ 44.72 2 $ 45.25 2 $ 47.07 3 $ 47.63 3 $ 49.55 4 $ 50.14 4 $ 52.16 5 $ 52.78 $ 9,149 $ 109,782 5 $ 54.90 $ 9,516 $ 114,192 413 Non -Exempt Landfill Technician 1 $ 47.62 1 $ 49.53 2 $ 50.13 2 $ 52.14 3 $ 52.77 3 $ 54.88 4 $ 55.55 4 $ 57.77 5 $ 58.47 $ 10,135 $ 121,618 5 $ 60.81 $ 10,540 $ 126,485 254 Non -Exempt Librarian 1 $ 37.44 1 $ 38.93 2 $ 39.41 2 $ 40.98 3 $ 41.48 3 $ 43.14 4 $ 43.66 4 $ 45.41 5 $ 45.96 $ 7,966 $ 95,597 5 $ 47.80 $ 8,285 $ 99,424 252 Non -Exempt Library Associate 1 $ 34.33 1 $ 35.71 2 $ 36.14 2 $ 37.59 3 $ 38.04 3 $ 39.57 4 $ 40.04 4 $ 41.65 5 $ 42.15 $ 7,306 $ 87,672 5 $ 43.84 $ 7,599 $ 91,187 253 Non -Exempt Library Specialist 1 $ 32.49 1 $ 33.79 2 $ 34.20 2 $ 35.57 3 $ 36.00 3 $ 37.44 4 $ 37.89 4 $ 39.41 5 $ 39.88 $ 6,913 $ 82,950 5 $ 41.48 $ 7,190 $ 86,278 1 $ 72.85 1 $ 75.76 2 $ 76.68 2 $ 79.75 Item 7: Staff Report Pg. 17 1 Packet Pg. 124 of 378 Service Employees International Union (SEIU) Salary Sche Item 7 Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 541 Non -Exempt Lineper/Cable Spl 3 $ 80.72 3 $ 83.95 4 $ 84.97 4 $ 88.37 5 $ 89.44 $ 15,503 $ 186,035 5 $ 93.02 $ 16,123 $ 193,482 542 Non -Exempt Lineper/Cable Spl-L 1 $ 77.95 1 $ 81.06 2 $ 82.05 2 $ 85.33 3 $ 86.37 3 $ 89.82 4 $ 90.92 4 $ 94.55 5 $ 95.70 $ 16,588 $ 199,056 5 $ 99.53 $ 17,252 $ 207,022 531 Non -Exempt Lineperson/Cable Spl-T 1 $ 69.39 1 $ 72.16 2 $ 73.04 2 $ 75.96 3 $ 76.88 3 $ 79.96 4 $ 80.93 4 $ 84.17 5 $ 85.19 $ 14,766 $ 177,195 5 $ 88.60 $ 15,357 $ 184,288 532 Non -Exempt Lineperson/Cable Spl-TL 1 $ 74.20 1 $ 77.18 2 $ 78.11 2 $ 81.24 3 $ 82.22 3 $ 85.52 4 $ 86.55 4 $ 90.02 5 $ 91.11 $ 15,792 $ 189,509 5 $ 94.76 $ 16,425 $ 197,101 528 Non -Exempt Lnper/Cbl Spl-Appren 1 $ 62.59 1 $ 65.08 2 $ 65.88 2 $ 68.51 3 $ 69.35 3 $ 72.12 4 $ 73.00 4 $ 75.92 5 $ 76.84 $ 13,319 $ 159,827 5 $ 79.92 $ 13,853 $ 166,234 213 Non -Exempt Mailing Svcs Spec 1 $ 26.51 1 $ 27.58 2 $ 27.90 2 $ 29.03 3 $ 29.37 3 $ 30.56 4 $ 30.92 4 $ 32.17 5 $ 32.55 $ 5,642 $ 67,704 5 $ 33.86 $ 5,869 I $ 70,429 291 Non -Exempt Maintenance Mechanic -Welding 1 $ 47.43 1 $ 49.33 2 $ 49.93 2 $ 51.93 3 $ 52.56 3 $ 54.66 4 $ 55.33 4 $ 57.54 5 $ 58.24 $ 10,095 $ 121,139 5 $ 60.57 $ 10,499 $ 125,986 346 Non -Exempt Management Assistant 1 $ 39.42 1 $ 40.99 2 $ 41.49 2 $ 43.15 3 $ 43.67 3 $ 45.42 4 $ 45.97 4 $ 47.81 5 $ 48.39 $ 8,388 I $ 100,651 5 $ 50.33 $ 8,724 $ 104,686 1 $ 39.42 1 $ 40.99 Item 7: Staff Report Pg. 18 1 Packet Pg. 125 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 3460 Non -Exempt Management Assistant - S 2 $ 41.49 2 $ 43.15 3 $ 43.67 3 $ 45.42 4 $ 45.97 4 $ 47.81 5 $ 48.39 $ 8,388 $ 100,651 5 $ 50.33 $ 8,724 $ 104,686 216 Non -Exempt Marketing Eng 1 $ 65.18 1 $ 67.79 2 $ 68.61 2 $ 71.36 3 $ 72.22 3 $ 75.12 4 $ 76.02 4 $ 79.07 5 $ 80.02 $ 13,870 $ 166,442 5 $ 83.23 $ 14,427 $ 173,118 241 Non -Exempt Meter Reader 1 $ 33.98 1 $ 35.34 2 $ 35.77 2 $ 37.20 3 $ 37.65 3 $ 39.16 4 $ 39.63 4 $ 41.22 5 $ 41.72 $ 7,231 $ 86,778 5 $ 43.39 $ 7,521 $ 90,251 240 Non -Exempt Meter Reader -Lead 1 $ 36.37 1 $ 37.82 2 $ 38.28 2 $ 39.81 3 $ 40.29 3 $ 41.90 4 $ 42.41 4 $ 44.11 5 $ 44.64 $ 7,738 $ 92,851 5 $ 46.43 $ 8,048 $ 96,574 369 Non -Exempt Meter Shop Lead 1 $ 40.00 1 $ 41.61 2 $ 42.11 2 $ 43.80 3 $ 44.33 3 $ 46.11 4 $ 46.66 4 $ 48.54 5 $ 49.12 $ 8,514 $ 102,170 5 $ 51.09 $ 8,856 $ 106,267 552 Non -Exempt Metering Technician 1 $ 63.12 1 $ 65.64 2 $ 66.44 2 $ 69.09 3 $ 69.94 3 $ 72.73 4 $ 73.62 4 $ 76.56 5 $ 77.49 $ 13,432 $ 161,179 5 $ 80.59 $ 13,969 $ 167,627 553 Non -Exempt Metering Technician - Lead 1 $ 67.55 1 $ 70.25 2 $ 71.10 2 $ 73.95 3 $ 74.84 3 $ 77.84 4 $ 78.78 4 $ 81.94 5 $ 82.93 $ 14,375 $ 172,494 5 $ 86.25 $ 14,950 $ 179,400 384 Non -Exempt Mobile Service Tech 1 $ 45.72 1 $ 47.57 2 $ 48.13 2 $ 50.07 3 $ 50.66 3 $ 52.70 4 $ 53.33 4 $ 55.47 5 $ 56.14 $ 9,731 $ 116,771 5 $ 58.39 $ 10,121 $ 121,451 Item 7: Staff Report Pg. 19 Packet Pg. 126 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 381 Non -Exempt Motor Equip Mech-L 1 $ 46.60 1 $ 48.47 2 $ 49.05 2 $ 51.02 3 $ 51.63 3 $ 53.70 4 $ 54.35 4 $ 56.53 5 $ 57.21 $ 9,916 $ 118,997 5 $ 59.50 $ 10,313 $ 123,760 286 Non -Exempt Motor Equipment Mechanic I 1 $ 40.35 1 $ 41.96 2 $ 42.47 2 $ 44.17 3 $ 44.70 3 $ 46.49 4 $ 47.05 4 $ 48.94 5 $ 49.53 $ 8,585 I $ 103,022 5 $ 51.52 $ 8,930 I $ 107,162 287 Non -Exempt Motor Equipment Mechanic II 1 $ 43.58 1 $ 45.32 2 $ 45.87 2 $ 47.70 3 $ 48.28 3 $ 50.21 4 $ 50.82 4 $ 52.85 5 $ 53.49 $ 9,272 $ 111,259 5 $ 55.63 $ 9,643 $ 115,710 230 Non -Exempt Offset Equip Op 1 $ 30.06 1 $ 31.27 2 $ 31.64 2 $ 32.92 3 $ 33.31 3 $ 34.65 4 $ 35.06 4 $ 36.47 5 $ 36.91 $ 6,398 $ 76,773 5 $ 38.39 $ 6,654 $ 79,851 543 Non -Exempt Overhead Underground Troubleman 1 $ 76.51 1 $ 79.58 2 $ 80.54 2 $ 83.77 3 $ 84.78 3 $ 88.18 4 $ 89.24 4 $ 92.82 5 $ 93.94 $ 16,283 $ 195,395 5 $ 97.70 $ 16,935 $ 203,216 452 Non -Exempt Park Maint - Lead 1 $ 40.49 1 $ 42.10 2 $ 42.62 2 $ 44.32 3 $ 44.86 3 $ 46.65 4 $ 47.22 4 $ 49.11 5 $ 49.70 $ 8,615 $ 103,376 5 $ 51.69 $ 8,960 $ 107,515 451 Non -Exempt Park Maint Person 1 $ 34.93 1 $ 36.33 2 $ 36.77 2 $ 38.24 3 $ 38.70 3 $ 40.25 4 $ 40.74 4 $ 42.37 5 $ 42.88 $ 7,433I $ 89,190 5 $ 44.60 $ 7,731 $ 92,768 281 Non -Exempt Park Ranger 1 $ 37.55 1 $ 39.06 2 $ 39.53 2 $ 41.12 3 $ 41.61 3 $ 43.28 4 $ 43.80 4 $ 45.56 Item 7: Staff Report Pg. 20 Packet Pg. 127 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 5 $ 46.11 $ 7,992 $ 95,909 5 $ 47.96 $ 8,313 $ 99,757 570 Non -Exempt Parking Operations Lead 1 $ 59.55 1 $ 61.94 2 $ 62.68 2 $ 65.20 3 $ 65.98 3 $ 68.63 4 $ 69.45 4 $ 72.24 5 $ 73.11 $ 12,672 $ 152,069 5 $ 76.04 $ 13,180 $ 158,163 460 Non -Exempt Parks/Golf Crew -Lead 1 $ 37.99 1 $ 39.51 2 $ 39.99 2 $ 41.59 3 $ 42.09 3 $ 43.78 4 $ 44.31 4 $ 46.08 5 $ 46.64 $ 8,084 $ 97,011 5 $ 48.51 $ 8,408 $ 100,901 348 Non -Exempt Payroll Analyst 1 $ 41.78 1 $ 43.45 2 $ 43.98 2 $ 45.74 3 $ 46.29 3 $ 48.15 4 $ 48.73 4 $ 50.68 5 $ 51.29 $ 8,890 I $ 106,683 5 $ 53.35 $ 9,247 $ 110,968 3480 Non -Exempt Payroll Analyst - S 1 $ 41.78 1 $ 43.45 2 $ 43.98 2 $ 45.74 3 $ 46.29 3 $ 48.15 4 $ 48.73 4 $ 50.68 5 $ 51.29 $ 8,890 $ 106,683 5 $ 53.35 $ 9,247 $ 110,968 352 Non -Exempt Planner 1 $ 49.61 1 $ 51.59 2 $ 52.22 2 $ 54.31 3 $ 54.97 3 $ 57.17 4 $ 57.86 4 $ 60.18 5 $ 60.91 $ 10,558 $ 126,693 5 $ 63.35 $ 10,981 $ 131,768 347 Non -Exempt Planning Arborist 1 $ 56.81 1 $ 59.08 2 $ 59.80 2 $ 62.19 3 $ 62.95 3 $ 65.46 4 $ 66.26 4 $ 68.91 5 $ 69.75 $ 12,090 $ 145,080 5 $ 72.54 $ 12,574 $ 150,883 3470 Non -Exempt Planning Arborist - S 1 $ 56.81 1 $ 59.08 2 $ 59.80 2 $ 62.19 3 $ 62.95 3 $ 65.46 4 $ 66.26 4 $ 68.91 5 $ 69.75 $ 12,090 $ 145,080 5 $ 72.54 $ 12,574 $ 150,883 304 Non -Exempt Plans Check Engr 1 $ 63.30 1 $ 65.84 2 $ 66.63 2 $ 69.30 3 $ 70.14 3 $ 72.95 Item 7: Staff Report Pg. 21 1 Packet Pg. 128 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 4 $ 73.83 4 $ 76.79 5 $ 77.72 $ 13,471 $ 161,658 5 $ 80.83 $ 14,011 $ 168,126 513 Non -Exempt Plans Examiner 1 $ 49.29 1 $ 51.26 2 $ 51.88 2 $ 53.96 3 $ 54.61 3 $ 56.80 4 $ 57.48 4 $ 59.79 5 $ 60.51 $ 10,488 $ 125,861 5 $ 62.94 $ 10,910 $ 130,915 517 Non -Exempt Plant Mechanic 1 $ 44.76 1 $ 46.56 2 $ 47.12 2 $ 49.01 3 $ 49.60 3 $ 51.59 4 $ 52.21 4 $ 54.30 5 $ 54.96 $ 9,526 $ 114,317 5 $ 57.16 $ 9,908 $ 118,893 321 Non -Exempt Police Records Specialist - Lead 1 $ 36.40 1 $ 37.86 2 $ 38.32 2 $ 39.85 3 $ 40.34 3 $ 41.95 4 $ 42.46 4 $ 44.16 5 $ 44.69 $ 7,746 $ 92,955 5 $ 46.48 $ 8,057 $ 96,678 313 Non -Exempt Police Records Specialist I 1 $ 32.34 1 $ 33.64 2 $ 34.04 2 $ 35.41 3 $ 35.83 3 $ 37.27 4 $ 37.72 4 $ 39.23 5 $ 39.70 $ 6,881 $ 82,576 5 $ 41.29 $ 7,157 $ 85,883 314 Non -Exempt Police Records Specialist II 1 $ 34.03 1 $ 35.40 2 $ 35.82 2 $ 37.26 3 $ 37.70 3 $ 39.22 4 $ 39.68 4 $ 41.28 5 $ 41.77 $ 7,240 $ 86,882 5 $ 43.45 $ 7,531 $ 90,376 246 Non -Exempt Power Engr 1 $ 69.59 1 $ 72.38 2 $ 73.25 2 $ 76.19 3 $ 77.11 3 $ 80.20 4 $ 81.17 4 $ 84.42 5 $ 85.44 $ 14,810 $ 177,715 5 $ 88.86 $ 15,402 $ 184,829 270 Non -Exempt Prod Arts/Sci Prog 1 $ 42.85 1 $ 44.56 2 $ 45.11 2 $ 46.91 3 $ 47.48 3 $ 49.38 4 $ 49.98 4 $ 51.98 5 $ 52.61 $ 9,119 $ 109,429 5 $ 54.72 $ 9,485 $ 113,818 1 $ 53.69 1 $ 55.84 2 $ 56.52 2 $ 58.78 Item 7: Staff Report Pg. 22 Packet Pg. 129 of 378 Service Employees International Union (SEIU) Salary Sche Item 7 Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 232 Non -Exempt Prog-Analyst 3 $ 59.49 3 $ 61.87 4 $ 62.62 4 $ 65.13 5 $ 65.92 $ 11,426 $ 137,114 5 $ 68.56 $ 11,884 $ 142,605 265 Non -Exempt Program Assistant 1 $ 32.40 1 $ 33.70 2 $ 34.10 2 $ 35.47 3 $ 35.89 3 $ 37.34 4 $ 37.78 4 $ 39.30 5 $ 39.77 $ 6,893 $ 82,722 5 $ 41.37 $ 7,171 $ 86,050 302 Non -Exempt Program Assistant I 1 $ 34.34 1 $ 35.72 2 $ 36.15 2 $ 37.60 3 $ 38.05 3 $ 39.58 4 $ 40.05 4 $ 41.66 5 $ 42.16 $ 7,308 $ 87,693 5 $ 43.85 $ 7,601 $ 91,208 303 Non -Exempt Program Assistant 11 1 $ 36.91 1 $ 38.38 2 $ 38.85 2 $ 40.40 3 $ 40.89 3 $ 42.53 4 $ 43.04 4 $ 44.77 5 $ 45.31 $ 7,854 $ 94,245 5 $ 47.13 $ 8,169 $ 98,030 368 Non -Exempt Program Coordinator 1 $ 36.98 1 $ 38.48 2 $ 38.93 2 $ 40.50 3 $ 40.98 3 $ 42.63 4 $ 43.14 4 $ 44.87 5 $ 45.41 $ 7,871 $ 94,453 5 $ 47.23 $ 8,187 $ 98,238 349 Non -Exempt Project Engineer 1 $ 70.13 1 $ 72.95 2 $ 73.82 2 $ 76.79 3 $ 77.71 3 $ 80.83 4 $ 81.80 4 $ 85.08 5 $ 86.11 $ 14,926 $ 179,109 5 $ 89.56 $ 15,524 $ 186,285 3490 Non -Exempt Project Engineer - S 1 $ 70.13 1 $ 72.95 2 $ 73.82 2 $ 76.79 3 $ 77.71 3 $ 80.83 4 $ 81.80 4 $ 85.08 5 $ 86.11 $ 14,926 $ 179,109 5 $ 89.56 $ 15,524 $ 186,285 209 Non -Exempt Property Evid Tech 1 $ 35.19 1 $ 36.59 2 $ 37.04 2 $ 38.52 3 $ 38.99 3 $ 40.55 4 $ 41.04 4 $ 42.68 5 $ 43.20 $ 7,488 $ 89,856 5 $ 44.93 $ 7,788 I $ 93,454 1 $ 63.74 1 $ 66.28 Item 7: Staff Report Pg. 23 Packet Pg. 130 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 262 Non -Exempt Resource Planner 2 $ 67.09 2 $ 69.77 3 $ 70.62 3 $ 73.44 4 $ 74.34 4 $ 77.31 5 $ 78.25 $ 13,563 $ 162,760 5 $ 81.38 $ 14,106 $ 169,270 366 Non -Exempt Restoration Lead 1 $ 50.26 1 $ 52.27 2 $ 52.91 2 $ 55.02 3 $ 55.69 3 $ 57.92 4 $ 58.62 4 $ 60.97 5 $ 61.71 $ 10,696 $ 128,357 5 $ 64.18 $ 11,125 $ 133,494 580 Non -Exempt Senior Building Inspector 1 $ 60.62 1 $ 62.42 2 $ 63.65 2 $ 65.70 3 $ 66.83 3 $ 69.16 4 $ 70.18 4 $ 72.80 5 $ 73.68 $ 12,771 $ 153,254 5 $ 76.63 $ 13,283 $ 159,390 554 Non -Exempt Utility System Analyst 1 $ 65.26 1 $ 67.86 2 $ 68.69 2 $ 71.43 3 $ 72.30 3 $ 75.19 4 $ 76.10 4 $ 79.15 5 $ 80.11 $ 13,886 $ 166,629 5 $ 83.32 $ 14,442 $ 173,306 385 Non -Exempt Senior Fleet Services Coordinator 1 $ 47.39 1 $ 49.29 2 $ 49.88 2 $ 51.88 3 $ 52.50 3 $ 54.61 4 $ 55.26 4 $ 57.48 5 $ 58.17 $ 10,083 $ 120,994 5 $ 60.50 $ 10,487 $ 125,840 461 Non -Exempt Sprinkler Sys Repr 1 $ 35.51 1 $ 36.94 2 $ 37.38 2 $ 38.88 3 $ 39.35 3 $ 40.93 4 $ 41.42 4 $ 43.08 5 $ 43.60 $ 7,557I $ 90,688 5 $ 45.35 $ 7,861 $ 94,328 360 Non -Exempt Sr Buyer 1 $ 49.29 1 $ 51.26 2 $ 51.88 2 $ 53.96 3 $ 54.61 3 $ 56.80 4 $ 57.48 4 $ 59.79 5 $ 60.51 $ 10,488 $ 125,861 5 $ 62.94 $ 10,910 $ 130,915 3600 Non -Exempt Sr Buyer - S 1 $ 49.29 1 $ 51.26 2 $ 51.88 2 $ 53.96 3 $ 54.61 3 $ 56.80 4 $ 57.48 4 $ 59.79 5 $ 60.51 $ 10,488 $ 125,861 5 $ 62.94 $ 10,910 $ 130,915 Item 7: Staff Report Pg. 24 Packet Pg. 131 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 224 Non -Exempt Sr Chemist 1 $ 53.38 1 $ 55.52 2 $ 56.19 2 $ 58.44 3 $ 59.15 3 $ 61.52 4 $ 62.26 4 $ 64.76 5 $ 65.54 $ 11,360 $ 136,323 5 $ 68.17 $ 11,816 $ 141,794 544 Non -Exempt Sr Industrial Waste Investigator 1 $ 57.71 1 $ 60.03 2 $ 60.75 2 $ 63.19 3 $ 63.95 3 $ 66.52 4 $ 67.32 4 $ 70.02 5 $ 70.86 $ 12,282 $ 147,389 5 $ 73.70 $ 12,775 $ 153,296 512 Non -Exempt Sr Instrum Elect 1 $ 52.84 1 $ 54.97 2 $ 55.62 2 $ 57.86 3 $ 58.55 3 $ 60.90 4 $ 61.63 4 $ 64.10 5 $ 64.87 $ 11,244 $ 134,930 5 $ 67.47 $ 11,695 $ 140,338 251 Non -Exempt Sr Librarian 1 $ 42.51 1 $ 44.21 2 $ 44.75 2 $ 46.54 3 $ 47.10 3 $ 48.99 4 $ 49.58 4 $ 51.57 5 $ 52.19 $ 9,046 $ 108,555 5 $ 54.28 $ 9,409 $ 112,902 504 Non -Exempt Sr. Mech 1 $ 49.12 1 $ 51.07 2 $ 51.70 2 $ 53.76 3 $ 54.42 3 $ 56.59 4 $ 57.28 4 $ 59.57 5 $ 60.29 $ 10,450 $ 125,403 5 $ 62.71 $ 10,870 $ 130,437 361 Non -Exempt Sr Mkt Analyst 1 $ 58.49 1 $ 60.84 2 $ 61.57 2 $ 64.04 3 $ 64.81 3 $ 67.41 4 $ 68.22 4 $ 70.96 5 $ 71.81 $ 12,447 $ 149,365 5 $ 74.69 $ 12,946 $ 155,355 3610 Non -Exempt Sr Mkt Analyst - S 1 $ 58.49 1 $ 60.84 2 $ 61.57 2 $ 64.04 3 $ 64.81 3 $ 67.41 4 $ 68.22 4 $ 70.96 5 $ 71.81 $ 12,447 $ 149,365 5 $ 74.69 $ 12,946 $ 155,355 506 Non -Exempt Sr Operator Wqc 1 $ 51.07 1 $ 53.11 2 $ 53.76 2 $ 55.91 3 $ 56.59 3 $ 58.85 4 $ 59.57 4 $ 61.95 Item 7: Staff Report Pg. 25 1 Packet Pg. 132 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 5 $ 62.70 $ 10,868 $ 130,416 5 $ 65.21 $ 11,303 $ 135,637 318 Non -Exempt Sr Planner 1 $ 57.30 1 $ 59.59 2 $ 60.32 2 $ 62.73 3 $ 63.49 3 $ 66.03 4 $ 66.83 4 $ 69.51 5 $ 70.35 $ 12,194 $ 146,328 5 $ 73.17 $ 12,683 $ 152,194 337 Non -Exempt Sr. Plan Check Engineer 1 $ 69.79 1 $ 72.59 2 $ 73.47 2 $ 76.41 3 $ 77.33 3 $ 80.43 4 $ 81.40 4 $ 84.66 5 $ 85.69 $ 14,853 $ 178,235 5 $ 89.12 $ 15,447 $ 185,370 280 Non -Exempt Sr Ranger 1 $ 41.14 1 $ 42.78 2 $ 43.30 2 $ 45.03 3 $ 45.58 3 $ 47.40 4 $ 47.98 4 $ 49.89 5 $ 50.50 $ 8,753 $ 105,040 5 $ 52.52 $ 9,103 $ 109,242 261 Non -Exempt Sr Util Field Svc Rep 1 $ 51.59 1 $ 53.68 2 $ 54.31 2 $ 56.50 3 $ 57.17 3 $ 59.47 4 $ 60.18 4 $ 62.60 5 $ 63.35 $ 10,981 $ 131,768 5 $ 65.89 $ 11,421 $ 137,051 TBD Non -Exempt Sr. Utility System Analyst 1 $ 72.85 1 $ 75.76 2 $ 76.68 2 $ 79.75 $ 80.72 3 $ 83.95 $ 84.97 4 $ 88.37 $ 89.44 $ 15,503 $ 186,035 5 $ 93.02 $ 16,123 $ 193,482 501 Non -Exempt Sr Water Sys Oper 1 $ 48.68 1 $ 50.64 2 $ 51.24 2 $ 53.30 3 $ 53.94 3 $ 56.11 4 $ 56.78 4 $ 59.06 5 $ 59.77 $ 10,360 $ 124,322 5 $ 62.17 $ 10,776 $ 129,314 405 Non -Exempt St Maint Asst 1 $ 32.42 1 $ 33.73 2 $ 34.13 2 $ 35.50 3 $ 35.93 3 $ 37.37 4 $ 37.82 4 $ 39.34 5 $ 39.81 $ 6,900 I $ 82,805 5 $ 41.41 $ 7,178 $ 86,133 392 Non -Exempt St Sweeper Op 1 $ 39.47 1 $ 41.06 2 $ 41.55 2 $ 43.22 3 $ 43.74 3 $ 45.49 Item 7: Staff Report Pg. 26 Packet Pg. 133 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 4 $ 46.04 4 $ 47.88 5 $ 48.46 $ 8,400 $ 100,797 5 $ 50.40 $ 8,736 $ 104,832 248 Non -Exempt Storekeeper 1 $ 36.24 1 $ 37.69 2 $ 38.15 2 $ 39.67 3 $ 40.16 3 $ 41.76 4 $ 42.27 4 $ 43.96 5 $ 44.49 $ 7,712 $ 92,539 5 $ 46.27 $ 8,020 $ 96,242 288 Non -Exempt Storekeeper -L 1 $ 38.80 1 $ 40.35 2 $ 40.84 2 $ 42.47 3 $ 42.99 3 $ 44.71 4 $ 45.25 4 $ 47.06 5 $ 47.63 $ 8,256 $ 99,070 5 $ 49.54 $ 8,587 $ 103,043 545 Non -Exempt Street Light, Traffic Signal and Fiber — Apprentice 1 $ 57.13 1 $ 59.42 2 $ 60.14 2 $ 62.55 3 $ 63.30 3 $ 65.84 4 $ 66.63 4 $ 69.30 5 $ 70.14 $ 12,158 $ 145,891 5 $ 72.95 $ 12,645 $ 151,736 547 Non -Exempt Street Light, Traffic Signal and Fiber— Lead 1 $ 64.60 1 $ 67.20 2 $ 68.00 2 $ 70.74 3 $ 71.58 3 $ 74.46 4 $ 75.35 4 $ 78.38 5 $ 79.32 $ 13,749 $ 164,986 5 $ 82.50 $ 14,300 $ 171,600 546 Non -Exempt Street Light, Traffic Signal and Fiber Technician 1 $ 60.36 1 $ 62.78 2 $ 63.54 2 $ 66.08 3 $ 66.88 3 $ 69.56 4 $ 70.40 4 $ 73.22 5 $ 74.10 $ 12,844 $ 154,128 5 $ 77.07 $ 13,359 $ 160,306 549 Non -Exempt Substation Electrician 1 $ 65.86 1 $ 68.50 2 $ 69.33 2 $ 72.11 3 $ 72.98 3 $ 75.91 4 $ 76.82 4 $ 79.90 5 $ 80.86 $ 14,016 $ 168,189 5 $ 84.10 $ 14,577 $ 174,928 548 Non -Exempt Substation Electrician - Apprentice 1 $ 62.34 1 $ 64.85 2 $ 65.62 2 $ 68.26 3 $ 69.07 3 $ 71.85 4 $ 72.71 4 $ 75.63 5 $ 76.54 $ 13,267 $ 159,203 5 $ 79.61 $ 13,799 $ 165,589 1 $ 70.47 1 $ 73.30 2 $ 74.18 2 $ 77.16 Item 7: Staff Report Pg. 27 Packet Pg. 134 of 378 Service Employees International Union (SEIU) Salary Sche Item 7 Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 550 Non -Exempt Substation Electrician - Lead 3 $ 78.08 3 $ 81.22 4 $ 82.19 4 $ 85.49 5 $ 86.52 $ 14,997 $ 179,962 5 $ 89.99 $ 15,598 $ 187,179 326 Non -Exempt Surveying Asst 1 $ 43.64 1 $ 45.39 2 $ 45.94 2 $ 47.78 3 $ 48.36 3 $ 50.29 4 $ 50.90 4 $ 52.94 5 $ 53.58 $ 9,287 $ 111,446 5 $ 55.73 $ 9,660 $ 115,918 325 Non -Exempt Surveyor, Public Wks 1 $ 47.47 1 $ 49.37 2 $ 49.97 2 $ 51.97 3 $ 52.60 3 $ 54.71 4 $ 55.37 4 $ 57.59 5 $ 58.28 $ 10,102 $ 121,222 5 $ 60.62 $ 10,507 $ 126,090 362 Non -Exempt Technologist 1 $ 66.45 1 $ 69.12 2 $ 69.95 2 $ 72.76 3 $ 73.63 3 $ 76.59 4 $ 77.51 4 $ 80.62 5 $ 81.59 $ 14,142 $ 169,707 5 $ 84.86 $ 14,709 $ 176,509 3620 Non -Exempt Technologist - S 1 $ 66.45 1 $ 69.12 2 $ 69.95 2 $ 72.76 3 $ 73.63 3 $ 76.59 4 $ 77.51 4 $ 80.62 5 $ 81.59 $ 14,142 $ 169,707 5 $ 84.86 $ 14,709 $ 176,509 229 Non -Exempt Theater Specialist 1 $ 45.82 1 $ 47.65 2 $ 48.23 2 $ 50.16 3 $ 50.77 3 $ 52.80 4 $ 53.44 4 $ 55.58 5 $ 56.25 $ 9,750 $ 117,000 5 $ 58.50 $ 10,140 $ 121,680 406 Non -Exempt Traf Cont Maint I 1 $ 37.95 1 $ 39.47 2 $ 39.95 2 $ 41.55 3 $ 42.05 3 $ 43.74 4 $ 44.26 4 $ 46.04 5 $ 46.59 $ 8,076 $ 96,907 5 $ 48.46 $ 8,400 $ 100,797 412 Non -Exempt Traf Cont Maint Ii 1 $ 35.13 1 $ 36.56 2 $ 36.98 2 $ 38.48 3 $ 38.93 3 $ 40.50 4 $ 40.98 4 $ 42.63 5 $ 43.14 $ 7,478 $ 89,731 5 $ 44.87 $ 7,777 I $ 93,330 1 $ 40.61 1 $ 42.25 Item 7: Staff Report Pg. 28 Packet Pg. 135 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 407 Non -Exempt Traf Cont Maint-L 2 $ 42.75 2 $ 44.47 3 $ 45.00 3 $ 46.81 4 $ 47.37 4 $ 49.27 5 $ 49.86 $ 8,642 $ 103,709 5 $ 51.86 $ 8,989 $ 107,869 575 Non -Exempt Traffic Engineering Lead 1 $ 73.81 1 $ 76.76 2 $ 77.69 2 $ 80.80 3 $ 81.78 3 $ 85.05 4 $ 86.08 4 $ 89.53 5 $ 90.61 $ 15,706 $ 188,469 5 $ 94.24 $ 16,335 $ 196,019 435 Non -Exempt Tree Maint Asst 1 $ 33.92 1 $ 35.28 2 $ 35.71 2 $ 37.14 3 $ 37.59 3 $ 39.09 4 $ 39.57 4 $ 41.15 5 $ 41.65 $ 7,219 $ 86,632 5 $ 43.32 $ 7,509 $ 90,106 434 Non -Exempt Tree Maintenance Specialist 1 $ 39.58 1 $ 41.16 2 $ 41.66 2 $ 43.33 3 $ 43.85 3 $ 45.61 4 $ 46.16 4 $ 48.01 5 $ 48.59 $ 8,422 $ 101,067 5 $ 50.54 $ 8,760 $ 105,123 430 Non -Exempt Tree Trim/Ln Clr 1 $ 38.96 1 $ 40.53 2 $ 41.01 2 $ 42.66 3 $ 43.17 3 $ 44.90 4 $ 45.44 4 $ 47.26 5 $ 47.83 $ 8,291 $ 99,486 5 $ 49.75 $ 8,623 $ 103,480 431 Non -Exempt Tree Trim/Ln Clr-L 1 $ 41.67 1 $ 43.34 2 $ 43.86 2 $ 45.62 3 $ 46.17 3 $ 48.02 4 $ 48.60 4 $ 50.55 5 $ 51.16 $ 8,868 $ 106,413 5 $ 53.21 $ 9,223 $ 110,677 432 Non -Exempt Tree Trm/Ln Clr Asst 1 $ 36.74 1 $ 38.20 2 $ 38.67 2 $ 40.21 3 $ 40.70 3 $ 42.33 4 $ 42.84 4 $ 44.56 5 $ 45.09 $ 7,816 $ 93,787 5 $ 46.90 $ 8,129 $ 97,552 223 Non -Exempt Util Acctg Tech 1 $ 37.86 1 $ 39.37 2 $ 39.85 2 $ 41.44 3 $ 41.95 3 $ 43.62 4 $ 44.16 4 $ 45.92 5 $ 46.48 $ 8,057 $ 96,678 5 $ 48.34 $ 8,379 $ 100,547 Item 7: Staff Report Pg. 29 Packet Pg. 136 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 272 Non -Exempt Util Comp Tech 1 $ 72.85 1 $ 75.76 2 $ 76.68 2 $ 79.75 3 $ 80.72 3 $ 83.95 4 $ 84.97 4 $ 88.37 5 $ 89.44 $ 15,503 $ 186,035 5 $ 93.02 $ 16,123 $ 193,482 273 Non -Exempt Util Comp Tech -L 1 $ 77.95 1 $ 81.06 2 $ 82.05 2 $ 85.33 3 $ 86.37 3 $ 89.82 4 $ 90.92 4 $ 94.55 5 $ 95.70 $ 16,588 $ 199,056 5 $ 99.53 $ 17,252 $ 207,022 219 Non -Exempt Util Credit/Col Spec 1 $ 45.08 1 $ 46.89 2 $ 47.45 2 $ 49.36 3 $ 49.95 3 $ 51.96 4 $ 52.58 4 $ 54.69 5 $ 55.35 $ 9,594 $ 115,128 5 $ 57.57 $ 9,979 $ 119,746 310 Non -Exempt Util Engr Estimator 1 $ 61.28 1 $ 63.74 2 $ 64.51 2 $ 67.09 3 $ 67.91 3 $ 70.62 4 $ 71.48 4 $ 74.34 5 $ 75.24 $ 13,042 $ 156,499 5 $ 78.25 $ 13,563 $ 162,760 486 Non -Exempt Util Fld Svcs Rep 1 $ 48.27 1 $ 50.19 2 $ 50.81 2 $ 52.83 3 $ 53.48 3 $ 55.61 4 $ 56.29 4 $ 58.54 5 $ 59.25 $ 10,270 $ 123,240 5 $ 61.62 $ 10,681 $ 128,170 480 Non -Exempt Util Install/Rep 1 $ 47.05 1 $ 48.95 2 $ 49.53 2 $ 51.53 3 $ 52.14 3 $ 54.24 4 $ 54.88 4 $ 57.09 5 $ 57.77 $ 10,013 $ 120,162 5 $ 60.09 $ 10,416 $ 124,987 481 Non -Exempt Util Install/Rep Ast 1 $ 39.91 1 $ 41.51 2 $ 42.01 2 $ 43.69 3 $ 44.22 3 $ 45.99 4 $ 46.55 4 $ 48.41 5 $ 49.00 $ 8,493 $ 101,920 5 $ 50.96 $ 8,833 $ 105,997 479 Non -Exempt Util Install/Rep-L 1 $ 51.35 1 $ 53.40 2 $ 54.05 2 $ 56.21 3 $ 56.89 3 $ 59.17 4 $ 59.88 4 $ 62.28 Item 7: Staff Report Pg. 30 Packet Pg. 137 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 5 $ 63.03 $ 10,925 $ 131,102 5 $ 65.56 $ 11,364 $ 136,365 363 Non -Exempt Util Key Acct Rep 1 $ 50.86 1 $ 52.91 2 $ 53.54 2 $ 55.69 3 $ 56.36 3 $ 58.62 4 $ 59.33 4 $ 61.70 5 $ 62.45 $ 10,825 $ 129,896 5 $ 64.95 $ 11,258 $ 135,096 3630 Non -Exempt Util Key Acct Rep -S 1 $ 50.86 1 $ 52.91 2 $ 53.54 2 $ 55.69 3 $ 56.36 3 $ 58.62 4 $ 59.33 4 $ 61.70 5 $ 62.45 $ 10,825 $ 129,896 5 $ 64.95 $ 11,258 $ 135,096 271 Non -Exempt Util Locator 1 $ 46.51 1 $ 48.37 2 $ 48.96 2 $ 50.92 3 $ 51.54 3 $ 53.60 4 $ 54.25 4 $ 56.42 5 $ 57.10 $ 9,897 $ 118,768 5 $ 59.39 $ 10,294 $ 123,531 215 Non -Exempt Sustainability Programs Administrator 1 $ 49.15 1 $ 51.13 2 $ 51.74 2 $ 53.82 3 $ 54.46 3 $ 56.65 4 $ 57.33 4 $ 59.63 5 $ 60.35 $ 10,461 $ 125,528 5 $ 62.77 $ 10,880 $ 130,562 233 Non -Exempt Util Rate Analyst 1 $ 49.69 1 $ 51.68 2 $ 52.30 2 $ 54.40 3 $ 55.05 3 $ 57.26 4 $ 57.95 4 $ 60.27 5 $ 61.00 $ 10,573 $ 126,880 5 $ 63.44 $ 10,996 $ 131,955 307 Non -Exempt Util Syst Oper 1 $ 81.56 1 $ 84.83 2 $ 85.85 2 $ 89.29 3 $ 90.37 3 $ 93.99 4 $ 95.13 4 $ 98.94 5 $ 100.14 $ 17,358 $ 208,291 5 $ 104.15 $ 18,053 $ 216,632 322 Non -Exempt Util Syst Oper in Training 1 $ 77.49 1 $ 80.60 2 $ 81.57 2 $ 84.84 3 $ 85.86 3 $ 89.30 Item 7: Staff Report Pg. 31 1 Packet Pg. 138 of 378 Job Code FLSA Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 4 $ 90.38 4 $ 94.00 5 $ 95.14 $ 16,491 $ 197,891 5 $ 98.95 $ 17,151 $ 205,816 284 Non -Exempt Utilities Engineer Estimator Lead 1 $ 65.57 1 $ 68.17 2 $ 69.02 2 $ 71.76 3 $ 72.65 3 $ 75.54 4 $ 76.47 4 $ 79.52 5 $ 80.49 $ 13,952 $ 167,419 5 $ 83.71 $ 14,510 $ 174,117 290 Non -Exempt Utl Install Repair Lead -Welding Cert 1 $ 53.40 1 $ 55.54 2 $ 56.21 2 $ 58.46 3 $ 59.17 3 $ 61.54 4 $ 62.28 4 $ 64.78 5 $ 65.56 $ 11,364 $ 136,365 5 $ 68.19 $ 11,820 $ 141,835 289 Non -Exempt Utl Install Repair -Welding Cert 1 $ 48.92 1 $ 50.87 2 $ 51.49 2 $ 53.55 3 $ 54.20 3 $ 56.37 4 $ 57.05 4 $ 59.34 5 $ 60.05 $ 10,409 $ 124,904 5 $ 62.46 $ 10,826 $ 129,917 274 Non -Exempt Volunteer Coord 1 $ 38.90 1 $ 40.47 2 $ 40.95 2 $ 42.60 3 $ 43.10 3 $ 44.84 4 $ 45.37 4 $ 47.20 5 $ 47.76 $ 8,278 $ 99,341 5 $ 49.68 $ 8, 111 $ 103,334 482 Non -Exempt Water Meter Rep Asst 1 $ 32.88 1 $ 34.21 2 $ 34.61 2 $ 36.01 3 $ 36.43 3 $ 37.90 4 $ 38.35 4 $ 39.89 5 $ 40.37 $ 6,997 $ 83,970 5 $ 41.99 $ 7,278 $ 87,339 484 Non -Exempt Water Meter Repair 1 $ 36.41 1 $ 37.88 2 $ 38.33 2 $ 39.87 3 $ 40.35 3 $ 41.97 4 $ 42.47 4 $ 44.18 5 $ 44.71 $ 7,750 $ 92,997 5 $ 46.50 $ 8, 660 $ 96,720 499 Non -Exempt Water Sys Oper I 1 $ 37.57 1 $ 39.08 2 $ 39.55 2 $ 41.14 3 $ 41.63 3 $ 43.30 4 $ 43.82 4 $ 45.58 5 $ 46.13 $ 7,996 $ 95,950 5 $ 47.98 $ 8,317 $ 99,798 1 $ 42.92 1 $ 44.64 2 $ 45.18 2 $ 46.99 Item 7: Staff Report Pg. 32 Packet Pg. 139 of 378 Service Employees International Union (SEIU) Salary Sche Item 7 Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 507 Non -Exempt Water Sys Oper II 3 $ 47.56 3 $ 49.46 4 $ 50.06 4 $ 52.06 5 $ 52.69 $ 9,133 $ 109,595 5 $ 54.80 $ 9,499 $ 113,984 500 Non -Exempt WQC Pit Oper I 1 $ 39.42 1 $ 40.99 2 $ 41.49 2 $ 43.15 3 $ 43.67 3 $ 45.42 4 $ 45.97 4 $ 47.81 5 $ 48.39 $ 8,388 $ 100,651 5 $ 50.33 $ 8,724 $ 104,686 509 Non -Exempt WQC Pit Oper II 1 $ 45.03 1 $ 46.84 2 $ 47.40 2 $ 49.31 3 $ 49.89 3 $ 51.90 4 $ 52.52 4 $ 54.63 5 $ 55.28 $ 9,582 $ 114,982 5 $ 57.50 $ 9,967 $ 119,600 510 Non -Exempt WQC Plt Oper Trn 1 $ 34.72 1 $ 36.10 2 $ 36.55 2 $ 38.00 3 $ 38.47 3 $ 40.00 4 $ 40.49 4 $ 42.11 5 $ 42.62 $ 7,387 $ 88,650 5 $ 44.33 $ 7,684 $ 92,206 226 Non -Exempt Wtr Mtr Crs On Tec 1 $ 37.36 1 $ 38.86 2 $ 39.33 2 $ 40.90 3 $ 41.40 3 $ 43.05 4 $ 43.58 4 $ 45.32 5 $ 45.87 $ 7,951 $ 95,410 5 $ 47.71 $ 8,270 $ 99,237 315 Non -Exempt Public Safety Dispatcher - Lead 1 $ 56.53 1 $ 58.79 2 $ 59.50 2 $ 61.88 3 $ 62.63 3 $ 65.14 4 $ 65.93 4 $ 68.57 5 $ 69.40 $ 12,029 $ 144,352 5 $ 72.18 $ 12,511 $ 150,134 6 $ 71.14 Longevity Steps 6 $ 73.99 Longevity Steps 7 $ 72.92 7 $ 75.84 298 Non -Exempt Public Safety Dispatcher I 1 $ 47.83 1 $ 49.75 2 $ 50.35 2 $ 52.37 3 $ 53.00 3 $ 55.13 4 $ 55.79 4 $ 58.03 5 $ 58.73 $ 10,180 $ 122,158 5 $ 61.08 $ 10,587 $ 127,046 6 $60.20 Longevity Steps 6 $ 62.61 Longevity Steps 7 $ 61.71 7 $ 64.18 316 Non -Exempt Public Safety Dispatcher II 1 $ 50.38 1 $ 52.39 2 $ 53.03 2 $ 55.15 3 $ 55.82 3 $ 58.05 4 $ 58.76 4 $ 61.11 5 $ 61.85 $ 10,721 $ 128,648 5 $ 64.33 $ 11,151 $ 133,806 6 $ 63.40 Longevity Steps 6 $ 65.94 Longevity Steps 7 $ 64.99 7 $ 67.59 Item 7: Staff Report Pg. 33 1 Packet Pg. 140 of 378 Item 7 Service Employees International Union (SEIU) Salary Sche Attachment A-SEIUSalarySchedule 2023 - 2024 (FY25) Job Code FLSA Job Title Effective 01/28/2023 (MKT + 4%) Effective 2024 01/13/2024 (4%) Step Rate Monthly Annual Step Rate Monthly Annual 576 Non -Exempt Inspector, WGW Utilities Field 2 $ 54.83 2 $ 57.03 3 $ 57.72 3 $ 60.03 4 $ 60.76 4 $ 63.19 5 $ 63.96 $ 11,086 $ 133,037 5 $ 66.52 $ 11,530 $ 138,362 578 Non -Exempt Airport Specialist I 1 $ 37.84 1 $ 39.36 2 $ 39.83 2 $ 41.43 3 $ 41.93 3 $ 43.61 4 $ 44.14 4 $ 45.90 5 $ 46.46 $ 8,053 $ 96,637 5 $ 48.32 $ 8,375 $ 100,506 579 Non -Exempt Airport Specialist II 1 $ 41.93 1 $ 43.60 2 $ 44.14 2 $ 45.89 3 $ 46.46 3 $ 48.31 4 $ 48.90 4 $ 50.85 5 $ 51.47 $ 8,921 $ 107,058 5 $ 53.53 $ 9,279 $ 111,342 Item 7: Staff Report Pg. 34 1 Packet Pg. 141 of 378 Item 7 Attachment B - Management and Conf Salary Schedule Final 2023 - City of Palo Alto 2024 (FY25) Management, Professional and Confidential Salary Schedule ALTO Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary Job Code FLSA Status Classifications Grade Codes Min Mid Max Min Mid Max 190 Non -Exempt Accountant 690P $44.32 $55.40 $66.48 $92,186 $115,232 $138,278 76 Exempt Administrative Assistant 750P $35.53 $44.41 $53.30 $73,902 $92,373 $110,864 115 Exempt Assistant Chief Building Official 405M $64.12 $80.14 $96.17 $133,370 $166,691 $200,034 132 Exempt Assistant Chief of Police 100A $104.75 $130.93 $157.12 $217,880 $272,334 $326,810 108 Exempt Assistant City Attorney 165A $80.50 $100.62 $120.75 $167,440 $209,290 $251,160 109 Exempt Assistant City Clerk 630M $48.93 $61.16 $73.40 $101,774 $127,213 $152,672 107 Exempt Assistant City Manager 20E $104.48 $130.60 $156.72 $217,318 $271,648 $325,978 73 Exempt Assistant Director Administrative Services 120A $86.80 $108.49 $130.19 $180,544 $225,659 $270,795 126 Exempt Assistant Director Community Services 150A $83.12 $103.90 $124.68 $172,890 $216,112 $259,334 1007 Exempt Assistant Director Human Resources 155A $80.40 $100.49 $120.59 $167,232 $209,019 $250,827 2032 Exampt Assistant Director Information Technology 150A $83.12 $103.90 $124.68 $172,890 $216,112 $259,334 2001 Exempt Assistant Director Library Services 160A $75.11 $93.88 $112.66 $156,229 $195,270 $234,333 10 Exempt Assistant Director Planning & Community Environment 130A $84.53 $105.66 $126.80 $175,822 $219,773 $263,744 143 Exempt Assistant Director Public Works 140A $83.56 $104.44 $125.33 $173,805 $217,235 $260,686 168 Exempt Assistant Fleet Manager 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 102 Exempt Assistant Manager WQCP 240D $69.20 $86.49 $103.79 $143,936 $179,899 $215,883 30 Exempt Assistant to the City Manager 390M $67.87 $84.83 $101.80 $141,170 $176,446 $211,744 118 Exempt Chief Building Official 290M $81.99 $102.48 $122.98 $170,539 $213,158 $255,798 2008 Exempt Chief Communications Officer 135A $79.96 $99.94 $119.93 $166,317 $207,875 $249,454 112 Exempt Chief Planning Official 220D $73.37 $91.71 $110.06 $152,610 $190,757 $228,925 95 Exempt Chief Procurement Officer 235D $62.74 $78.42 $94.11 $130,499 $163,114 $195,749 82 Exempt Chief Transportation Official 140A $79.46 $99.32 $119.19 $165,277 $206,586 $247,915 96 Exempt Claims Investigator 660P $43.06 $53.82 $64.59 $89,565 $111,946 $134,347 24 Exempt Communication Specialist 615M $46.56 $58.19 $69.83 $96,845 $121,035 $145,246 89 Exempt Contracts Administrator 585P $54.57 $68.21 $81.86 $113,506 $141,877 $170,269 186 Non -Exempt Coordinator Library Circulation 675M $44.47 $55.58 $66.70 $92,498 $115,606 $138,736 191 Exempt Fire Marshal 125A $95.37 $119.21 $143.06 $198,370 $247,957 $297,565 11 Exempt Deputy City Attorney 375M $63.25 $79.06 $94.88 $131,560 $164,445 $197,350 71 Exempt Deputy City Clerk 720M $38.44 $48.04 $57.65 $79,955 $99,923 $119,912 55 Exempt Deputy City Manager 115A $82.99 $103.73 $124.48 $172,619 $215,758 $258,918 195 Exempt Deputy Director Technical Services Division 200D $78.32 $97.90 $117.48 $162,906 $203,632 $244,358 20 Exempt Deputy Fire Chief 110A $99.32 $124.15 $148.98 $206,586 $258,232 $309,878 81 Exempt Director Administrative Services/Chief Financial Officer 50E $100.95 $126.18 $151.42 $209,976 $262,454 $314,954 Item 7: Staff Report Pg. 35 Packet Pg. 142 of 378 Item 7 Attachment B - Management and Conf Salary Schedule Final 2023 - City of Palo Alto 2024 (FY25) Management, Professional and Confidential Salary Schedule ALTO Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary Job Code FLSA Status Classifications Grade Codes Min Mid Max Min Mid Max 72 Exempt Director Community Services 45E $96.01 $120.01 $144.02 $199,701 $249,621 $299,562 1012 Exempt Director Development Services 145A $84.40 $105.50 $126.60 $175,552 $219,440 $263,328 133 Exempt Director Human Resources/Chief People Officer 55E $96.26 $120.32 $144.39 $200,221 $250,266 $300,331 128 Exempt Director Information Technology/Chief Information Officer 25E $105.09 $131.36 $157.64 $218,587 $273,229 $327,891 131 Exempt Director Libraries 60E $89.93 $112.41 $134.90 $187,054 $233,813 $280,592 2028 Exempt Director of Emergency Medical Services 215D $75.80 $94.75 $113.70 $157,664 $197,080 $236,496 2005 Exempt Director Office of Emergency Services 215D $75.80 $94.75 $113.70 $157,664 $197,080 $236,496 49 Exempt Director Office of Management and Budget 120A $86.80 $108.49 $130.19 $180,544 $225,659 $270,795 134 Exempt Director Planning & Community Environment 40E $101.20 $126.50 $151.80 $210,496 $263,120 $315,744 135 Exempt Director Public Works/City Engineer 30E $102.49 $128.11 $153.74 $213,179 $266,469 $319,779 121 Exempt Director Utilities 10E $120.87 $151.08 $181.30 $251,410 $314,246 $377,104 2002 Exempt Division Head Library Services 260D $65.68 $82.10 $98.52 $136,614 $170,768 $204,922 172 Exempt Division Manager Open Space, Parks & Golf 245D $68.27 $85.33 $102.40 $142,002 $177,486 $212,992 2031 Exempt Division Manager Planning 220D $73.37 $91.71 $110.06 $152,610 $190,757 $228,925 1005 Exempt Executive Assistant to the City Manager 705M $40.07 $50.08 $60.10 $83,346 $104,166 $125,008 139 Exempt Fire Chief 35E $114.17 $142.71 $171.26 $237,474 $296,837 $356,221 163 Exempt Hearing Officer 480M $56.20 $70.25 $84.30 $116,896 $146,120 $175,344 101 Exempt Human Resources Representative 735P $37.52 $46.90 $56.28 $78,042 $97,552 $117,062 90 Exempt Landscape Architect Park Planner 510M $53.55 $66.93 $80.32 $111,384 $139,214 $167,066 2015 Exempt Legal Fellow 755P $47.15 $58.93 $70.72 $98,072 $122,574 $147,098 171 Exempt Management Analyst 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 401 Exempt Management Fellow 750P $35.53 $44.41 $53.30 $73,902 $92,373 $110,864 79 Exempt Manager Accounting 235D $66.32 $82.89 $99.47 $137,946 $172,411 $206,898 2007 Exempt Manager Airport 210D $76.05 $95.06 $114.08 $158,184 $197,725 $237,286 2023 Exempt Manager Budget 360M $70.34 $87.92 $105.51 $146,307 $182,874 $219,461 38 Exempt Manager Communications 525M $53.86 $67.32 $80.79 $112,029 $140,026 $168,043 154 Exempt Manager Community Services 630M $50.11 $62.63 $75.16 $104,229 $130,270 $156,333 169 Exempt Manager Community Services Sr Program 585M $53.80 $67.24 $80.69 $111,904 $139,859 $167,835 1013 Exempt Manager Development Center 495M $60.72 $75.90 $91.08 $126,298 $157,872 $189,446 63 Exempt Manager Economic Development 220D $70.04 $87.55 $105.06 $145,683 $182,104 $218,525 44 Exempt Manager Employee Benefits 450M $60.00 $75.00 $90.00 $124,800 $156,000 $187,200 45 Exempt Manager Employee Relations & Training 235D $66.32 $82.89 $99.47 $137,946 $172,411 $206,898 93 Exempt Manager Environmental Control Program 419M $65.24 $81.54 $97.85 $135,699 $169,603 $203,528 Item 7: Staff Report Pg. 36 Packet Pg. 143 of 378 Item 7 Attachment B - Management and Conf Salary Schedule Final 2023 - City of Palo Alto 2024 (FY25) Management, Professional and Confidential Salary Schedule ALTO Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary Job Code FLSA Status Classifications Grade Codes Min Mid Max Min Mid Max 1116 Exempt Manager Facilities 445M $57.61 $72.01 $86.42 $119,829 $149,781 $179,754 2030 Exempt Manager Finance 223D $69.58 $86.97 $104.37 $144,726 $180,898 $217,090 127 Exempt Manager Fleet 255D $58.19 $72.73 $87.28 $121,035 $151,278 $181,542 2018 Exempt Manager Human Services 540M $56.45 $70.56 $84.68 $117,416 $146,765 $176,134 32 Exempt Manager Information Technology 230D $67.79 $84.73 $101.68 $141,003 $176,238 $211,494 2006 Exempt Manager Information Technology Security 230D $64.14 $80.17 $96.21 $133,411 $166,754 $200,117 158 Exempt Manager Laboratory Services 495M $54.86 $68.57 $82.29 $114,109 $142,626 $171,163 78 Exempt Manager Library Services 565M $53.12 $66.40 $79.68 $110,490 $138,112 $165,734 92 Exempt Manager Maintenance Operations 469M $53.76 $67.19 $80.63 $111,821 $139,755 $167,710 26 Exempt Manager Transportation Planning 345M $70.44 $88.05 $105.66 $146,515 $183,144 $219,773 51 Exempt Manager Planning 415M $64.41 $80.51 $96.62 $133,973 $167,461 $200,970 103 Exempt Manager Real Property 235D $62.74 $78.42 $94.11 $130,499 $163,114 $195,749 454 Exempt Manager Recruitment Division 235D $66.32 $82.89 $99.47 $137,946 $172,411 $206,898 2011 Exempt Manager Revenue Collections 250D $59.00 $73.74 $88.49 $122,720 $153,379 $184,059 160 Exempt Manager Solid Waste 330M $68.96 $86.20 $103.44 $143,437 $179,296 $215,155 b7 Exempt Manager Treasury, Debt & Investments 235D $64.68 $80.84 $97.01 $134,534 $168,147 $201,781 86 Exempt Manager Urban Forestry 436M $59.84 $74.79 $89.75 $124,467 $155,563 $186,680 178 Exempt Manager Water Quality Control Plant 205D $78.04 $97.55 $117.06 $162,323 $202,904 $243,485 39 Exempt Manager Watershed Protection 330M $70.26 $87.82 $105.39 $146,141 $182,666 $219,211 1008 Exempt Office of Emergency Services Coordinator 525M $52.26 $65.32 $78.39 $108,701 $135,866 $163,051 2024 Exempt Performance Auditor I 750P $35.53 $44.41 $53.30 $73,902 $92,373 $110,864 100 Exempt Performance Auditor II 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 148 Exempt Police Chief 15E $117.85 $147.31 $176.78 $245,128 $306,405 $367,702 2021 Exempt Chief Assistant City Attorney 101A $103.95 $129.93 $155.92 $216,216 $270,254 $324,314 2016 Exempt Principal Business Analyst 310M $66.81 $83.51 $100.22 $138,965 $173,701 $208,458 2029 Exempt Principal Planner 469M $54.18 $67.72 $81.27 $112,694 $140,858 $169,042 2003 Exempt Principal Management Analyst 360M $66.55 $83.18 $99.82 $138,424 $173,014 $207,626 2009 Exempt Project Manager 570M $54.92 $68.64 $82.37 $114,234 $142,771 $171,330 2012 Exempt Public Safety Communications Manager 495M $54.86 $68.57 $82.29 $114,109 $142,626 $171,163 166 Exempt Public Safety Program Manager 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 117 Exempt Senior Accountant 525M $58.65 $73.31 $87.98 $121,992 $152,485 $182,998 2013 Exempt Senior Business Analyst - M 420M $58.23 $72.78 $87.34 $121,118 $151,382 $181,667 187 Exempt Senior Engineer 300M $74.81 $93.51 $112.22 $155,605 $194,501 $233,418 Item 7: Staff Report Pg. 37 Packet Pg. 144 of 378 Item 7 Attachment B - Management and Conf Salary Schedule Final 2023 - City of Palo Alto 2024 (FY25) Management, Professional and Confidential Salary Schedule ALTO Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary Job Code FLSA Status Classifications Grade Codes Min Mid Max Min Mid Max 106 Exempt Senior Executive Assistant 450M $56.77 $70.96 $85.16 $118,082 $147,597 $177,133 157 Exempt Senior Human Resources Administrator 545M $51.15 $63.93 $76.72 $106,392 $132,974 $159,578 14 Exempt Senior Management Analyst 465M $56.72 $70.90 $85.08 $117,978 $147,472 $176,966 130 Exempt Senior Performance Auditor 510M $53.55 $66.93 $80.32 $111,384 $139,214 $167,066 444 Exempt Senior Program Manager TBD $64.41 $80.51 $96.61 $133,969 $167,461 $200,953 53 Exempt Senior Project Manager 300M $74.81 $93.51 $112.22 $155,605 $194,501 $233,418 33 Exempt Senior Technologist 420M $63.43 $79.28 $95.14 $131,934 $164,902 $197,891 155 Exempt Superintendent Animal Services 540M $51.02 $63.77 $76.53 $106,122 $132,642 $159,182 83 Exempt Superintendent Community Services 480M $60.82 $76.02 $91.23 $126,506 $158,122 $189,758 1117 Exempt Superintendent Recreation 480M $60.82 $76.02 $91.23 $126,506 $158,122 $189,758 2022 Exempt Supervising Librarian 675M $44.64 $55.79 $66.95 $92,851 $116,043 $139,256 161 Exempt Supervisor Facilities Management 600M $47.55 $59.43 $71.32 $98,904 $123,614 $148,346 113 Exempt Supervisor Inspection and Surveying 540M $51.02 $63.77 $76.53 $106,122 $132,642 $159,182 146 Exempt Supervisor Warehouse 660M $43.06 $53.82 $64.59 $89,565 $111,946 $134,347 181 Exempt Supervisor Water Quality Control Operations 525M $52.26 $65.32 $78.39 $108,701 $135,866 $163,051 2027 Exempt Utilities Chief Operating Officer 60E $111.12 $138.90 $166.68 $231,130 $288,912 $346,694 Confidential Classifications 905 Non -Exempt Human Resources Technician 830C $31.53 $39.41 $47.30 $65,582 $81,973 $98,384 903 Non -Exempt Legal Secretary -Confidential 820C $32.31 $40.38 $48.46 $67,205 $83,990 $100,797 67 Exempt Secretary to City Attorney 800C $38.20 $47.74 $57.29 $79,456 $99,299 $119,163 1004 Non -Exempt Senior Legal Secretary - Confidential 810C $35.53 $44.41 $53.30 $73,902 $92,373 $110,864 Item 7: Staff Report Pg. 38 Packet Pg. 145 of 378 Item 7 Attachment C - CITY OF PALO ALTO COMPENSATION PLAN Management and Professional Personnel And Council Appointees Effective December 31, 2022 through June 30, 2025, except where specifically noted. Management Compensation Plan - 2023-2025 2nd Revision 2024 Item 7: Staff Report Pg. 39 Packet Pg. 146 of 378 Item 7 Attachment C - Management SECTION I. COMPENSATION........................................................................... CompensationPian- A. MANAGEMENT AND PROFESSIONAL COMPENSATION POLICY......... 2023 -20252nd Revision 2024 B. BASIC PLAN ELEMENTS....................................................................................................... C. MANAGEMENT AND PROFESSIONAL COMPENSATION ADJUSTMENT AUTHORIZATION.. SECTION II. SPECIAL COMPENSATION........................................................................................ A. OVERTIME........................................................................................................................... B. Floating Holiday — Days of Historical Significance.............................................................. C. IN LIEU HOLIDAY PAY.......................................................................................................... D. WORKING ABOVE CLASSIFICATION PAY............................................................................. E. STAND-BY PAY..................................................................................................................... F. CALL OUT PAY..................................................................................................................... G. NIGHT SHIFT PREMIUM...................................................................................................... H. UNIFORM PURCHASE PLAN - SWORN POLICE, FIRE PERSONNEL, and OPENSPACE PERSONNEL......................................................................................................................................8 I. GROUP INSURANCE.................................................................................................................8 J. EMPLOYEE ASSISTANCE PLAN...............................................................................................12 K. SAFETY DIFFERENTIALS..............................................................................................................12 L. MANAGEMENT and PROFESSIONAL BENEFIT PROGRAM.....................................................13 M. LEAVES......................................................................................................................................15 N. RETIREMENT PENSION..............................................................................................................19 O. COMMUTE INCENTIVES and PARKING......................................................................................21 P. AT -WILL STATUS....................................................................................................................22 Q. HIRING PROVISIONS..............................................................................................................23 R. MEAL ALLOWANCE................................................................................................................23 S. GRIEVANCES REGARDING COUNCIL APPOINTED OFFICERS..................................................24 T. MERIT RULES..........................................................................................................................24 AttachmentB..................................................................................................................................................25 At -Will Positions Management and Professional Unit...................................................................................25 2 Item 7: Staff Report Pg. 40 Packet Pg. 147 of 378 COMPENSATION PLAN FOR THE CITY OF PALO ALTO Management and Professional Personnel Item 7 Attachment C - Management Compensation Plan - 2023-2025 2nd Revision 2024 1 As used in this Plan, the term "Management and Professional" refers to all employees, including Confidential employees, previously classified as "Management and Confidential" by the City. This group will hereafter be identified as "Management and Professional" personnel. SECTION I. COMPENSATION This section applies to all management and professional employees and does not include Council Members or Council -appointed officers. Each Council -appointed officer shall be the responsible decision -maker under this Plan for those employees in departments under his/her control. A. MANAGEMENT AND PROFESSIONAL COMPENSATION POLICY The City's policy for management and professional compensation is to establish and maintain a general structure based on marketplace norms and internal job alignment with broad compensation grades and ranges. Structures and ranges will be reviewed and updated as necessary based on marketplace survey data, internal relationships, and City financial conditions. Individual compensation adjustments will be considered by the Council -appointed officer based on (1) performance factors including achievement of predetermined objectives; (2) pay structure adjustments; and (3) City financial conditions. B. BASIC PLAN ELEMENTS 1. Structure. The compensation plan includes separate multi -grade structures for both management and professional employees. Each grade will have a salary range with a mid -point which is 20% above the minimum, and 20% below the maximum of the range. All management and professional positions will be assigned an appropriate pay grade based on salary survey data and internal relationships. Actual salary within the range is determined by experience and performance. Competitive marketplace studies will be conducted as needed by surveying a maximum of 14 organizations similar to Palo Alto in number of employees, funding mechanisms, population and services provided. These studies will focus on total compensation for management positions such as first line supervisors, administrative, confidential, professional and top management. Periodically, studies will include position -by -position comparisons using market research and internal equity data. The results of these studies may indicate that the entire pay grade structure be adjusted, that individual positions be reassigned to different pay grades, or that no change Item 7: Staff Report Pg. 41 Packet Pg. 148 of 378 Item 7 Attachment C - Management takes place. Such adjustments will only affect the salary administ Compensation Plan- . No individual salaries will be automatically changed because of structural a[20232025 2nd Revision 2024 A department director may request that HR reevaluate a job or jobs in his or her department based on significant and permanent changes in job content. In doing so the director will supply needed information and will provide a position description questionnaire as requested. The Chief People Officer will respond to such requests within his or her discretion. 2. Compensation Adjustment Authorization. The City Manager may propose as part of the budget process for Council approval of a compensation adjustment based on (1) competitive market data, (2) changes in internal position relationships, (3) the City's ability to pay, and (4) a recommendation received from the Chief People Officer. Effective the first pay period following Council adoption of this plan all classifications will receive market -based increases as outlined in the salary schedule. Each Council Appointed Officer will determine the method by which the market adjustment is applied to current employees within their authority. Effective the first full pay period following July 1, 2023, all classifications will receive a four percent (4%) salary increase. Effective the first full pay period following July 1, 2024, all classifications will receive a four percent (4%) salary increase. Effective the first pay period following Council adoption of this plan all classifications, including Council Appointed Utticers, will receive a one hundred dollar ($100) monthly flexible compensation payment built into the base hourly rate of pay. Employees can utilize this cash payment to cover insurance premiums or contribute to Flexible spending accounts/457 deferred compensation plans. Effective the first pay period of January 2024, all classifications, including Council Appointed Officers, will receive an additional one hundred dollars ($100) monthly flexible compensation payment built into base hourly rate of pay. a) Base Compensation. Compensation for management and professional employees includes bi-weekly base salary and is paid on a continuing basis. On a fiscal year basis, the bi-weekly base salary must fall within pay grade limits of no less than 20% below the mid -point and no more than 20% above the mid -point. Base salary increases are earned and authorized in accordance with administrative guidelines based upon growth within the position and performance, which must meet or exceed position standards defined through the performance planning and appraisal process described in subsection b below, the salary structure and the City's ability to pay. Management/professional employees who have received an overall rating of "Meets", "Higher" or "Exceeds" expectations on their annual review and who have not been on a performance improvement plan during the preceding fiscal year will be eligible for an adjustment to base 4 Item 7: Staff Report Pg. 42 Packet Pg. 149 of 378 Item 7 Attachment C - Management compensation. Nothing herein shall preclude an employee's manager fro Compensation Plan- point adjustment increase to an employee on a performance plan at a later ci 2023-20252nd Revision yee's performance improve. 2024 b) Performance Planning and Appraisal. Performance appraisals will be conducted at the end of each fiscal year during the months of July through September 30 each year prior to determining individual employee fixed compensation. This process includes both review of previous performance plan and preparation of the performance plan for the next planning period (usually the fiscal year). Performance plans are jointly prepared by the employee and supervisor with the concurrence of the department head or Council -appointed officer. The performance plans shall contain measurable objectives which place special emphasis on position description duties or specific assignments. Progress toward meeting objectives shall be monitored periodically. The performance appraisals should be implemented in a manner that will achieve the following objectives: • Define the employee's job duties and expected level of performance for the next review period to ensure that both the employee and supervisor have a clear understanding of the employee's role and responsibilities; • Evaluate and document past performance to serve as a basis for establishing and obtaining future performance standards/objectives; • Facilitate two-way communication and understanding between the employee and his or her supervisor; • Counsel and encourage employees to work toward a learning development plan and realize their full potential; • Establish future work plan objectives. Work plans should include job related projects or special goals related to regular job duties when applicable. At the conclusion of the fiscal year (or review period), supervisors shall make a final determination of the overall performance rating. Recommendations shall be forwarded to department heads and to the Chief People Officer or appropriate Council appointed officer who will then determine individual fixed adjustments according to the provisions of the compensation plan. Each department will ensure that metrics tie to the performance appraisal. The performance planning and appraisal process should be completed by September 30. C. MANAGEMENT AND PROFESSIONAL COMPENSATION ADJUSTMENT AUTHORIZATION 1. Council -appointed officers are authorized to pay salaries in accordance with this plan to non - Council -appointed management and professional employees in an amount not to exceed the aggregate of approved management and professional positions in the Table of Organization for the applicable fiscal year. 5 Item 7: Staff Report Pg. 43 Packet Pg. 150 of 378 Item 7 Attachment C - Management 2. Individual management and professional compensation authorized Compensation Plan - inted officer under the Management and Professional Compensation Pla 2023 -20252nd Revision than 20% below nor more than 20% above the mid -point for the indi 2024 ades authorized in Salary Schedule attached. 3. The Council -appointed officers are authorized to establish such administrative rules as are necessary to implement the Management and Professional Salary Plan subject to the limitations of the approved compensation adjustment authorization and the approved grade and mid -point structure. 4. Notwithstanding any other provision of this Compensation Plan, in the event a downward adjustment of a position grade assignment indicates a reduction in the established salary of an individual employee, the Council -appointed officer may, if circumstances warrant, continue the salary for such employee in an amount in excess of the revised grade limit for a reasonable period of time. Such interim salary rates shall be defined as "Y -rates." Employees in "Y -rated" positions shall not be eligible for any increase to base salary unless and until the amount of the "Y -rated" salary is equal to or less than the published pay rates. Employees assigned to work above class duties shall not be eligible for "Y -rated" pay on conclusion of a work above class assignment. SECTION II. SPECIAL COMPENSATION This section applies to all eligible regular management and professional positions including Council Appointed Officers as applicable and including Council Members where indicated. Eligibility shall be in conformance with the Merit Rules and Regulations and Administrative Directives issued by the City Manager for the purposes of clarification and interpretation. A. OVERTIME Compensation for overtime work shall be in conformance with the Merit Rules and Regulations and Policies and Procedures. B. Floating Holiday — Days of Historical Significance Employees will be provided one floating holiday each calendar year in acknowledgement of days of historical significance. The employee with prior approval from their supervisor can use this floating holiday at any time during the year. This holiday has no cash value and will expire if unused. C. IN LIEU HOLIDAY PAY Employees who work a schedule where a regular day off falls on a holiday will be paid for the hours they would have normally worked on that day. If the holiday falls on a non -workday for an exempt employee, the employee may, with supervisory approval, take another day off within the pay period 6 Item 7: Staff Report Pg. 44 Packet Pg. 151 of 378 Item 7 Attachment C - or the following pay period. D. WORKING ABOVE CLASSIFICATION PAY Management Compensation Plan - 2023-2025 2nd Revision 2024 Where management and professional employees, on a temporary basis, are assigned to perform all significant duties of a higher classification for a period of one month or more, the City Manager may authorize payment within the range of the higher classification for the specified time frame. All qualified and interested employees within a work group should be considered for the working above classification opportunity whenever feasible. Working above classification will not exceed six months, unless renewed at the discretion of the City Manager. On expiration of that timeframe, working above classification pay will cease and the employee will return to his or her former pay level. Working above classification pay is not to exceed 10% more than the employee's current salary and shall be documented on a Personnel Action Form, with a description of the additional duties in the higher classification to be performed and an end date. E. STAND-BY PAY Employees eligible for overtime may be entitled to stand-by pay, approved by the City Manager on a case by case basis, in extreme circumstances involving unavailability of non -management staff. Compensation is as follows: Monday through Friday $40 per day Saturday, Sunday, Holidays $58 per day F. CALL OUT PAY Effective pay period beginning February 26, 2011, Exempt management and professional classifications will be compensated for Call Out as outlined below with Management approval (and will not be eligible for overtime pay). Call Out applies when: (1) an employee previously left City premises, (2) is called back to the work location outside of regularly scheduled working hours, and (3) the Call Back is for an emergency arising out of situations involving real or potential loss of service, property or personal danger. Employees called back will be expected to respond directly to the location of the problem. Compensation is per Call Out as reported on timecard and will be paid as follows: Monday through Friday: $140 per day Saturday and Sunday: $200 per day G. NIGHT SHIFT PREMIUM Night shift differential shall be paid at the rate of five percent (5%) to regular full-time employees who are regularly assigned to shift work between 6:00 p.m. and 8:00 a.m., or to employees who are temporarily assigned to work a full shift between 6:00 p.m. and 8:00 a.m. 7 Item 7: Staff Report Pg. 45 Packet Pg. 152 of 378 Item 7 Attachment C - H. UNIFORM PURCHASE PLAN - SWORN POLICE, FIRE PERSONNE PERSONNEL Management Compensation Plan - 2023-2025 2nd Revision 2024 E Uniforms, including cleaning, will be provided with replacement provisions on an as -needed basis in conformance with department policy. I. GROUP INSURANCE 1. Effective Date of Coverage for New Employees For newly hired regular employees coverage begins on the first day of the month following date of hire for the health plan, dental plan, vision care plan, long term disability and life insurance plans if these benefits are elected. 2. Dual coverage. When a City employee is married to or has a registered domestic partner with the California Secretary of State with another City employee, each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse. 3. Active Employee Health Plan a) During the term of this compensation plan, the maximum City contribution towards medical premiums for eligible full-time employees per category shall be up to a maximum of the following for any plan: Medical Premium Category (Coverage Leve!i1 Maximum City Contribution Effective January 1, 2020 Single (EE only) $871 2- Party (EE +1) $1742 Family (EE + 2 or more) $2260 *The PEMHCA minimum changes per statutory determination. Any increases to the PEMHCA minimum during the term of this plan will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the "Total Maximum City Contribution" columns above. The City's total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. E Item 7: Staff Report Pg. 46 Packet Pg. 153 of 378 Item 7 Attachment C - Management Compensation Plan - b) Coverage For Domestic Partners 2023-2025 2nd Revision 1) Domestic Partnership Registered with the California Secretak, 2024 byees may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State and will be eligible for the Alternative Medical Benefit Program in paragraph 3 below. 2) Domestic Partnership Not Registered with the California Secretary of State: Domestic partners who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the People Strategy and Operations Department, will be eligible for a stipend of two hundred and eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for reimbursement. 4. Alternative Medical Benefit Program If a regular employee and/or the employee's dependent(s) are eligible for and elect to receive medical insurance through another non -City of Palo Alto employer -sponsored or association medical plan, the employee may choose to waive his/her right to the City of Palo Alto's medical insurance and receive cash payments in the amount of $284.00. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or register his or her domestic partner with the California Secretary of State and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family -level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. When a City employee is married to or has a registered domestic partner with the California Secretary of State with another City employee, each shall only be eligible once (as an individual or as a spouse of the other City employee, but not both) and not eligible for a waiver. Payments will be made in the employee's paycheck beginning the first month following the employee's completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent's eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee's failure to notify the City of a change in status. 9 Item 7: Staff Report Pg. 47 Packet Pg. 154 of 378 Item 7 Attachment C - 5. Retiree Health Plan a) Management Compensation Plan - 2023-2025 2nd Revision Employees Hired Prior to January 1, 2004 2024 Monthly City -paid premium contributions for a retiree -selected health plan through the CaIPERS Health Benefits Program will be made as provided under the Public Employees" Medical and Hospital Care Act. The City's monthly employer contribution for each employee retiring on or after January 1, 2007 and prior to March 31, 2011 shall be the amount necessary to pay for the cost of his or her enrollment in a health benefits plan up to the monthly premium for the second most expensive plan offered to management and professional personnel during the contract term (among the existing array of plans.) The City's contribution for an employee hired before January 1, 2004 who retires on or after March 30, 2011 shall be the same contribution amount it makes from time to time for active City employees. b) Post — 1/1/04 Hires For those Management and professional employees hired after January 1, 2004, the PERS law vesting schedule set forth in Government Code section 22893 will apply. Under that law, an employee is eligible for 50% of the specified employer health premium contribution after ten (10) years of service credit, provided at least five (5) of those years were performed at the City of Palo Alto. After ten (10) years of service credit, each additional service credit year increases the employer contribution percentage by 5% until, at 20 years' service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution and 90% of their dependent coverage. The City of Palo Alto's health premium contribution for eligible post — 1/1/04 hires shall be the minimum contribution set by PERS under section 22893 based on a weighted average of available health plan premiums. c) Effective upon ratification and adoption of this compensation plan, the City shall provide active Management employees who were hired before January 1, 2004 with a one-time opportunity to opt -in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the Human Resources department of their election in writing no later than 90 days following the ratification and adoption of this compensation plan. 6. Dental Plan a) The City shall pay covered plan charges on behalf of all eligible employees and dependents. (Domestic partners who are either registered with the Secretary of State or who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department are considered dependents under the plan.) Benefits for regular part-time employees hired or assigned to a part- time schedule will be prorated in accordance with his/her percentage of a full- time work schedule. b) The City's Dental Plan provides the following: 10 Item 7: Staff Report Pg. 48 Packet Pg. 155 of 378 Item 7 Attachment C - Management • Maximum Benefits per Calendar Year- $2,000 per person Compensation Plan - • Lifetime Maximum for Orthodontics- The City will pay up to $ 2023-2025 2nd Revision orthodontia coverage (not included in annual dental maximu 2024 • Major Dental Services 50% UCR* • Orthodontics 50% UCR* • Basic Benefits (All other covered services) First Calendar Year of Eligibility 70% UCR* Subsequent Calendar Years 70%-100% *Usual, Customary, and Reasonable • Composite (tooth covered) fillings for posterior teeth For each dental plan member, the percentage of coverage for basic benefits will begin at 70% for the first calendar year of coverage and increase by 10% (up to a maximum of 100%) effective the first day of the next calendar year as long as the member utilizes the plan at least once during the current year. Per the Delta Dental contract effective October 1, 2005, if the member does not utilize the plan during the current year, the percentage of coverage for the next calendar year shall remain unchanged from the current year. If a dental plan member ever loses coverage under the plan, the applicable percentage of coverage for basic benefits provided during any future period of coverage will commence at 70% as if the dental plan member was a new enrollee. Examples of when a member might lose coverage under the plan would include: • Employee goes on an unpaid leave of absence and elects not to pay the required dental premiums for his/her family's coverage during the leave. • Employee elects to drop one or more covered dependents from the plan during an open enrollment period so that they might be covered on a spouse's non- City of Palo Alto dental plan. 7. Basic Life Insurance The City shall provide a basic group term life insurance with Accidental Death and Dismemberment (AD&D) coverage, in an amount equal to the employee's annual basic pay (rounded to the next highest $1,000) at no -cost to the employee. AD&D pays an additional amount equal to the employee's annual basic pay (rounded to the next highest $1,000). 8. SuDolemental Life And AD&D Insurance An employee may, at his/her cost, purchase additional life insurance and additional AD&D coverage equal to one- or two-times his or her annual salary. The maximum amount of life insurance available to the employee is up to $325,000 and the maximum amount of AD&D coverage available is up to $325,000. 9. Long Term Disability Insurance a) The City shall provide long term disability (LTD) insurance with a benefit of 2/3 monthly 11 Item 7: Staff Report Pg. 49 Packet Pg. 156 of 378 Item 7 Attachment C - Management salary, up to a maximum benefit of $10,000 per month. The City Compensation Plan- lum for the first $6,000 of base monthly salary. For employees who 2023 -20252nd Revision alary exceeds $6,000, the employee shall pay the cost of the require 2024 upon their monthly salary between $6,000 and $15,000. b) For employees whose base monthly salary exceeds $6,000 and who have no eligible dependents covered under the City's medical, dental or vision plans, the City will pay up to $17.50 per month towards the employee's cost for LTD coverage. 10. Vision Care a) The City shall provide vision care coverage for employee and dependents. Coverage is administered by Vision Service Plan (VSP). The plan provides an exam every 12 months; lenses every 24 months; frames every 24 months, all subject to a $20 co -payment as defined in the Vision Services Benefits Plan A schedule. Benefits for regular part-time employees will be prorated as follows: Employees hired after January 1, 2004, who will work less than full time, will receive prorated premium costs for vision benefits in accordance with his/her percentage of a full-time work schedule. Vision benefits for regular part-time employees hired or assigned to a part-time schedule will be prorated in accordance with his/her percentage of a full- time work schedule. Effective July 1, 1996, dependents include eligible domestic partners who are either registered with the Secretary of State. J. EMPLOYEE ASSISTANCE PLAN The Employee Assistance Plan (EAP) provides employees with confidential personal counseling, work and family related issues, eldercare, substance abuse, etc. In addition, EAP programs provide a valuable tool for supervisors to refer troubled employees to professional outside help. This service staffed by experienced clinicians is available to employees and their dependents by calling a toll - free phone line 24 hours a day, seven days a week. Guidance is also available online. K. SAFETY DIFFERENTIALS 1. Police Department - Personnel Development Program Pursuant to administrative rules governing eligibility and qualification, one of the following differentials, whichever is higher, may be granted to sworn police personnel: A. P.O.S.T. Intermediate Certificate: five percent (5%) above base salary B. P.O.S.T. Advanced Certificate: seven and a half (7 %%) above base salary 12 Item 7: Staff Report Pg. 50 Packet Pg. 157 of 378 Item 7 Attachment C - 2. Fire Department - EMT Differential Pursuant to administrative rules governing eligibility and qualificatio differential may be granted to sworn Fire personnel: A. EMT Differential: three percent (3%) above base salary L. MANAGEMENT and PROFESSIONAL BENEFIT PROGRAM Management Compensation Plan - 2023-2025 2nd Revision 2024 Management and professional employees are eligible for Sections 1, 2, and 3of the Management Benefit Program below. City Council Members are not eligible for benefits under Section 1 and 2 below. 1. Professional Development - Reimbursement The purpose of this program is to provide employees with resources to improve and supplement their job and professional skills. Reimbursement for authorized self- improvement activities may be granted each management and professional employee up to a maximum of five hundred dollars ($500) per fiscal year. A departmental training fund of one thousand dollars per employee ($1,000) will be established for subject matter, leadership or other training that the Department Director identifies as a need for employees within that Department. The following items are eligible for reimbursement: a) Civic and professional association memberships b) Conference participation and travel expenses, which must occur within the compensation plan period. c) Educational programs, books and videos, and tuition reimbursement designed to maintain or improve the employee's skills in performing his or her job or future job opportunities, should support the City's mission or be necessary to meet the educational requirements for qualification for employment. Permissible educational expenses are refresher courses, courses dealing with current developments, academic or vocational courses, as well as the travel expenses associated with the courses as defined by the City's travel expense report from the Policy & Procedures Manual Section 1-02 ASD. 13 Item 7: Staff Report Pg. 51 Packet Pg. 158 of 378 Item 7 Attachment C - Management Compensation Plan - d) Professional and trade journal subscriptions not to exceed 12120232025 2nd Revision 2024 e) Approval will be at discretion of department head and signature is required on reimbursement form. Amounts under this professional development program will be pro -rated in the first year of employment or promotion into a position covered by this Compensation Plan 2. Excess Benefit This benefit is designed to meet the requirements of Section 125 of the Internal Revenue Code, with exception of Gym or Health Club Membership. Every calendar year, each employee will be provided with $2,500 that they can designate among the following options, subject to caps pursuant to IRS regulations: a) Medical Flexible Spending Account (Medical FSA). Provides reimbursement for excess medical/dental/vision, or expenses that are incurred by employees and their dependents which are not covered or reimbursed by any other source, including existing City -sponsored plans. This includes prescribed medications and copayments. However, nonprescription dietary supplements (e.g. vitamins, etc.) toiletries (e.g. toothpaste), cosmetics (e.g. face cream), and items used for cosmetic purposes (e.g. Rogaine) are not acceptable. b) Dependent Care Flexible Spending Account (Dependent Care FSA). Provides reimbursement for qualified dependent care expenses under the City's Dependent Care Assistance Program (DCAP), subject to the following limits: Dependent care expenses will be reimbursed only to the extent that the amount of such expenses reimbursed under this Management Benefit Program, when added to the amount (if any) of annual dependent care expenses that the participant has elected under the City's Flexible Benefits Plan, do not exceed the maximum permitted under the DCAP. 1) The annual amount submitted for reimbursement cannot exceed the income of the lower -paid spouse. 2) The expenses must be employment -related expenses for the care of one or more dependents who are under 13 years of age and entitled to a dependent deduction under Internal Revenue Code section 151(e) or a dependent who is physically or mentally incapable of caring for himself or herself. 3) The payments cannot be made to a child under 19 years of age or to a person claimed as a dependent. 14 Item 7: Staff Report Pg. 52 Packet Pg. 159 of 378 Item 7 Attachment C - Management 4) If the services are provided by a dependent care c Compensation Plan- must comply with all state and local laws and must provide 2023 -20252nd Revision six (6) individuals (other than a resident of the facility). 2024 5) Dependent care expenses not submitted under this section are eligible under the City Dependent Care Assistance Plan (DCAP). However, the maximum amount reimbursed under DCAP will be reduced by any amount reimbursed under the Excess Benefit Plan. c) Non-taxable Professional Development Spending Account. Provides reimbursement for Non -Taxable professional development expenses (e.g., job -related training and education, seminars, training manuals, etc.) to the extent they are not paid or reimbursed under any other plan of the City. d) Gym or Health Club memberships. Provides reimbursement for annual or monthly memberships, including personal trainers. Reimbursement of this expense is taxable to the employee. e) Deferred Compensation. Provides a one-time contribution to the employee's City - sponsored 457 Deferred Compensation plan with either ICMA-RC or Mass Mutual. Amounts designated by employees to either the Medical FSA, Dependent Care FSA, or Professional Development options are done so on a "use —it -or -lose -it" basis. This means that any amounts designated and not used by the end of the calendar year (or end of the extended grace period for the medical FSA) will be forfeited by the employee and returned to the plan. Specified amounts under this benefit will be applied on a pro -rated basis for employees who are part-time or who are in a management or professional pay status for less than the full fiscal year. Such benefits will be pro -rated in the first year of employment (based on hire date) but will not be pro -rated upon separation of employment. City will explore options including a deferred compensation match up to $4000 through a pre-tax retirement savings account as a replacement for Professional Development in Section 1 and Excess Benefit as provided under Section 2. M. LEAVES 1. Sick Leave a) Sick leave shall be accrued bi-weekly provided the employee has been in a pay status for 50% or more of a bi-weekly pay period. Sick leave shall be accrued at the rate of 3.7 hours per bi-weekly pay period for those employees working a 40 -hour duty schedule. Those assigned work schedules which are greater or lesser than 40 hours will accrue sick leave at the ratio of their work schedule to 40 hours. 15 Item 7: Staff Report Pg. 53 Packet Pg. 160 of 378 Item 7 Attachment C - Management b) Employees may use up to 20 hours of sick leave per cale Compensation Plan- onal business. The scheduling of such leave is subject to the appr 2023 -20252nd Revision riate level of Management. 2024 c) Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and by Section 609 of the Merit Rules and Regulations. In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. d) Employees that were hired before December 1, 1983 and who leave the municipal service in good standing, or who die while employed in good standing by the city, and who have 15 or more years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent (2Y2%) of their unused sick leave hours multiplied bytheiryears of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event of termination due to disability. See Merit System Rules and Regulations, Chapter 6, Section 609. e) Up to nine (9) days of sick leave per calendar year may be used for illness in the immediate family, including a registered domestic partner. f) Management and Professional employees eligible, as specified above if hired before December 1, 1983, to be compensated for sick leave may annually convert sick leave hours in excess of 600 to cash or deferred compensation, according to the formula set forth above, up to a maximum of $2,000 per fiscal year. g) In accordance with the City Merit Rules and Regulations, a new employee may, if necessary, use up to 48 hours or shift equivalent of sick leave at any time during the first six (6) months of employment. 2. Mana&ement Annual Leave a) Exempt Employees Regular management and professional employees will be credited with 80 hours of annual leave. This leave is granted in recognition of the extra hours Management and Professional employees work over their regular schedule. This leave may be taken as paid time off, added to vacation accrual (subject to vacation accrual limitations), taken as cash or taken as deferred compensation. When time off is taken under this provision, 10 -hour shift workers will receive one shift off for each 8 hours charged; 24 -hour shift workers will receive one-half (%) shift off for each 8 hours charged. 16 Item 7: Staff Report Pg. 54 Packet Pg. 161 of 378 Item 7 Attachment C - Management In 2012, the City transitioned this benefit from a fiscal to d Compensation Plan - Is for administrative purposes. Beginning in 2013 and each cal 2023 -20252nd Revision fter, employees will be credited with 80 hours of management anrL..2o2a Entitlement under this provision will be reduced on a prorated basis for part-time status, or according to the number of months in paid status during the year; employees who have used more than the pro -rated share at the time they leave City service shall be required to repay the balance or have it deducted from their final check. Unused balances as of the end of the year will be paid in cash unless a different option as indicated above is elected by the employee. Council appointed Officers can, at their discretion, award additional management annual leave to employees. Award of additional leave is intended to acknowledge and recognize excellent performance and/or longevity in alignment with the annual merit cycle. 3. Vacation Vacation will be accrued when an employee is in pay status and will be credited on a bi- weekly basis. Total vacation accrual at any one time may not exceed three (3) times the annual rate of accrual. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status: a) Less than nine (9) years. For employees completing less than nine (9) years continuous service: 120 hours vacation leave per year; provided that: i. The City Manager is authorized to adjust department head annual vacation accrual to provide for a maximum of 160 hours for those hired between July 1, 1996 and June 30, 2001; and ii. The City manager is authorized to adjust the annual vacation accrual of employees hired on or after July 1, 2001, to provide up to 40 additional hours (i.e., to a maximum annual accrual of 160 hours) for service with a prior employer. b) Nine (9), but less than fourteen (14) years. For employees completing nine (9), but not more than fourteen (14) years continuous service; 160 hours vacation peryear. c) Fourteen (14), but less than nineteen (19) years. For employees completing fourteen (14), but not more than nineteen (19) years continuous service; 180 hours vacation leave per year. d) Nineteen (19) or more years. For employees completing nineteen (19) or more years continuous service; 200 hours vacation leave per year. 17 Item 7: Staff Report Pg. 55 Packet Pg. 162 of 378 Item 7 Attachment C - Management Compensation Plan - e) Employees are eligible to cash out vacation accrual balance 2023 -20252nd Revision ours. An employee may cash out a minimum of eight (8) hours to a L 2024 ours of accrued vacation provided the employee has taken 80 vacation hours in the previous 12 months and has followed the election procedures set forth in this section. Employees must elect the number of vacation hours they will cash -out during the next calendar year, up to the maximum of 120 hours. For the 2012 calendar vacation year, employees will make their election for vacation hours to cash out no later than November 1, 2012. The election will apply only to vacation hours that are accrued in the next calendar year and that are eligible for cash -out. The election to cash -out vacation hours in each designated year will be irrevocable. This means that employees who elect to cash -out vacation hours must cash -out the number of accrued hours pre -designates on the election form. Employees who do not elect a cash -out amount by November 1 of the prior calendar year will be deemed to have waived the right to cash out any leave in the following tax year and will not be eligible to cash -out vacation hours in the next tax year Employees who elect cash -out amounts may request a cash -out at any time in the designated tax year by submitting a cash -out form to payroll. Payroll will complete the cash -out upon request, provided the requested cash -out amount has accrued and is consistent with the amount the employee pre -designated. If the full amount of hours designated for cash -out is not available at the time of cash -out request, the maximum available will be paid. For employees who have not requested cash -out of the elected amount by November 1 of each year, Payroll will automatically cash -out the elected amount in a paycheck issued on or after the payroll date including November 1. 4. Bereavement Leave of absence with pay of three (3) days may be granted an employee by the head of his/her department in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, son-in-law, step -son, daughter, daughter-in-law, step -daughter, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, grandmother, grandmother -in-law, grandfather, grandfather -in-law, grandchild, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of three days shall be subject to the approval of a Council -Appointed Officer for employees under his/her control. 5. Use of accrued leave credits during leaves of absence. 18 Item 7: Staff Report Pg. 56 Packet Pg. 163 of 378 Item 7 Attachment C - Management During unpaid leaves of absence for disability or other reasons, the e Compensation Plan - t and the City may require the employee to use accrued paid vacation 2023 -20252nd Revision manner consistent with state and federal law. Requests for leaves wi 2024 t be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. N. RETIREMENT PENSION 1. Miscellaneous Pension Formulas: a. Miscellaneous Pension Group A: 2.7% at 55. The City provides retirement benefits under the California Public Employees Retirement System at the level of 2.7% at age 55 for employees hired before July 17, 2010, with a one year final compensation period. b. Miscellaneous Pension Group B: 2% at 60:For miscellaneous employees hired on or after July 17, 2010, and before January 1, 2013, and employees hired on or after January 1, 2013 who are not "new members" of CaIPERS as defined in the Public Employees' Pension Reform Act (often referred to as "Classic" CaIPERS members)the City offers the CaIPERS retirement formula two percent (2.0%) of final salary at age sixty (60), with a one (1) year final compensation period. c. Miscellaneous Pension Group C: 2% at 62. Employees hired on or after January 1, 2013 meeting the definition of "new member" under the Public Employees' Pension Reform Act (Gov't. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three (3) year final compensation period. 2. Safety Pension Formulas: a. Safety Pension Group A: 3% at 50. For Safety members, the City currently offers the CaIPERS "3% at 50" full formula (Section 21362.2) benefit, with a one (1) year final compensation period. b. Safety Pension Group B: 3% at 55. Local Fire Safety members newly hired after 6/08/12 will be placed in the 3%@55 formula. As soon as administratively possible, the City intends to modify the Local Police Safety formula for new hires to 3%@55 formula. c Safety Pension Group C: New employees hired on or after January 1, 2013 who are "new members" as defined by the California Public Employees' Pension Reform Act (PEPRA), will be subject to the terms of that statute, with a three (3) year final compensation period. 3. Employee PERS Share. a. Miscellaneous Employee Shares: 19 Item 7: Staff Report Pg. 57 Packet Pg. 164 of 378 Item 7 Attachment C - Management Employees in Miscellaneous Pension Group A shall pay the f Compensation Plan- (8%) employee contribution. 2023 -20252nd Revision Employees in Miscellaneous Pension Group B shall pay the fk. 92a• (7%) employee contribution. Employees in Miscellaneous Pension Group C shall pay the employee contribution required by the Public Employees Pension Reform Act, calculated at fifty percent (50%) of the normal cost. b. Safety Employee Shares. Employees in Safety Pension Group A shall pay the full nine percent (9%) PERS employee contribution. Employees in Safety Pension Group B shall pay the full eight percent (9%) PERS employee contribution. Employees in Safety Pension Group C shall pay the employee contribution required by the Public Employees Pension Reform Act, calculated at fifty percent (50%) of the normal cost. Employees under the 2%@62 benefit shall pay at least 50 percent of the total normal cost or the same contribution rate as "similarly situated" employees, whichever is higher. 4. Employer Share a. Miscellaneous (Non -Safety) Management and Professional: As soon as administratively possible, but no sooner than pay period including July 1, 2017 each Miscellaneous (non -Safety) Management and Professional employee shall pay one- half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. Effective the first full pay period including July 1, 2018, each Miscellaneous (non -Safety) Management and Professional employee shall pay an additional one-half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. This will result in Miscellaneous (non -Safety) Management and Professional employees paying a total of one (1) percent of the employer share in addition to their employee contribution. b. Safety Management: As soon as administratively possible, but no sooner than pay period including July 1, 2017 each Safety Management employee shall pay one and one-half percent (1.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. Effective the first full pay period including July 1, 2018, each Safety Management employee shall pay an additional one and one-half percent (1.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. This will result in Safety Management employees paying a total of three (3) percent of the employer share in addition to their employee contribution. 20 Item 7: Staff Report Pg. 58 Packet Pg. 165 of 378 Item 7 Attachment C - 5. Final Compensation. Management Compensation Plan - 2023-2025 2nd Revision 2024 Final compensation for purposes of retirement shall be as set forth in the City's contract with CaIPERS, including, when applicable, the Government Code Section 20692: Optional Benefit, except as may otherwise be required by PEPRA. 6. Employee PERS contributions shall be made on a tax deferred basis, in accordance with Section 414(h)(2) of the Internal Revenue Code. All provisions of this subsection are subject to and conditioned upon compliance with IRS regulations. 7. Final compensation for employees under the 2%@62 benefit shall be as set forth in PEPRA, including calculation based on the average of three highest consecutive years and a cap on pensionable compensation based on IRS limits for employers that do not participate in social security. O. COMMUTE INCENTIVES and PARKING 1. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. Employees hired after June 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. 2. Alternative Commute Incentives: Employees who qualify may voluntarily elect one commute incentives, including but not limited to the following options, for those using an eligible commute alternative on 60% or more of their scheduled work days per month: a) Public Transit and Vanpool. The City provides tax-free commute incentives up to the current IRS limit, as may be amended from time to time, (currently $125/month) are available through the Commuter Check Direct (CCD) website for employees using Bay Area public transportation or riding in a registered vanpool at least 60% of their scheduled work days. Administration of the Commuter Check benefit shall be subject to the rules and regulations of the third- party administrator. b) Go Pass. The Go Pass program will offer civic center and other downtown -based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week, to any City of Palo Alto employee. c) Bicycle. The City will provide employees with a tax-free incentive of $20 per month to eligible employees who ride a bicycle to work. d) Carpool. The City will provide with a taxable incentive of $30 per month to each eligible employee in a carpool with two or more licensed drivers. e) Walk. The City will provide employees with a taxable incentive of $20 per month to 21 Item 7: Staff Report Pg. 59 Packet Pg. 166 of 378 Item 7 Attachment C - eligible employees who walk to work. P. AT -WILL STATUS Management Compensation Plan - 2023-2025 2nd Revision 2024 Certain Management and Professional Positions are designated as having "at -will" employment status. Employees hired into "at -will" positions shall have no constitutionally protected property or other interest in their employment with the City. Notwithstanding any provision in the Merit System Rules and Regulations or any other City rule, policy or procedure, at -will employees have no right to continued employment or pre -or post -disciplinary due process and work at the will and pleasure of the hiring authority (City Council, City Manager or Council -Appointed Officer). Work for an at -will employee may be eliminated and/or the employee may be terminated, or asked to resign, at any time, with or without cause, upon notice to that employee, and the employee may resign at any time upon written notice to the hiring authority. a. At -will Management & Professional positions. Department heads hired after July 1, 2004 and prior to the date of adoption of this plan were hired as at -will employees whose terms of employment are specified by an employment contract that includes a severance package. Effective on the date of adoption of this plan, new employees hired or promoted to department head, assistant department director, and all other positions listed on Attachment B shall be at -will employees. At -will employees will be eligible for, and shall receive, all regular benefits (i.e., health insurance, PERS contribution to the extent paid by City, etc.) and vacation, sick leave, and management leave as are generally provided to management employees and described in this compensation plan, as amended from time to time. At -will employees who are terminated or asked to resign shall, upon execution of a release of all claims against the City, be eligible for a severance payment equivalent to four (4) weeks of salary and benefits, increasing after completion of the first full year of service by one (1) week for every completed year of service, up to a maximum of 12 weeks. For example, an at -will employee who has completed six (6) years of service would be eligible to receive ten (10) weeks of severance (4 weeks plus 1 week for each year of service). No severance shall be paid if the employee is terminated for serious misconduct involving abuse of his or her office or position, including but not limited to waste, fraud, violation of the law under color of authority, misappropriation of public resources, violence, harassment or discrimination. If the employee is later convicted of a crime involving such abuse of his or her position the employee shall fully reimburse the City as set forth in Government Code section 53243.3. b. Provisional employees. The City has created a program for Provisional employment when funding is available. The program's purpose is to create limited duration senior management level work for the City Manager's Office or as designated by the City Manager. A Provisional Employee will be an 22 Item 7: Staff Report Pg. 60 Packet Pg. 167 of 378 Item 7 Attachment C - Management "at will" employee whose term of employment shall be no more Compensation Plan- rs. A Provisional Employee shall be exempt and not eligible to earn 12023-2 0252nd RevisionTonal Employee will receive limited benefits as specified in an Employme2024 ions I and II of this Compensation Plan shall not apply to Provisional Employees, except as specified by the City Manager. c. Management and Legal Fellows. The City has created programs for Management Fellows and Legal Fellows when funding is available. The programs' purpose is to create limited duration entry level positions for management graduates and lawyers. Fellows will be "at will" employees whose term of employment shall be no more than two (2) years. Fellows shall be PERS exempt to the extent allowed by law, but may receive vacation, sick leave, health care benefits and other limited benefits, as determined by the City Manager or City Attorney. Sections I and II of this Plan shall not apply to Management and Legal Fellows, except as specified by the City Manager or City Attorney. Q. HIRING PROVISIONS 1. Reimbursement For Relocation Expense Policy Statement The City of Palo Alto, in rare instances, may provide a Basic Relocation Benefits Package for new management and professional employees, upon the approval of the City Manager or designated subordinate. In addition, the provision of "Optional Benefits" or portions thereof, may be extended for exceptional circumstances and only the approval of the City Manager or designee, or for Council - appointed officers, the City Council. The details of the Relocation Expense program are specified in the City's Relocation Expense policy and all relocation reimbursements shall be subject to the provisions of that policy. 2. Hiring Incentive Council Appointed Officers may authorize a hiring incentive for critical Management and Professional personnel vacancies. Hiring incentives must be funded through department salary savings. R. MEAL ALLOWANCE Management and professional employees assigned to attend night meetings are eligible to receive reimbursement for up to $20.00 per dinner. This provision covers only receipted meals actually taken and submitted for reimbursement. 23 Item 7: Staff Report Pg. 61 Packet Pg. 168 of 378 Item 7 Attachment C - Management S. GRIEVANCES REGARDING COUNCIL APPOINTED OFFICERS Compensation Plan - 2023 -2025 2nd Revision Notwithstanding the grievance procedures provided in Chapter 11 of the C 202a Avierit System Rules and Regulations, any Management and Professional employee who is supervised by a Council Appointed Officer and has a grievance against that Council Appointed Officer or regarding the conduct of that Council Appointed Officer shall, following an attempt to resolve the grievance pursuant to Step One (informal discussion), summarize the grievance regarding the Council Appointed Officer in writing and submit it to the Director of Human Resources for review and resolution using the methods he/she considers appropriate. T. MERIT RULES The City will include members of the Management/Professional Compensation Committee in discussions regarding revision of the Merit Rules and Regulations. 24 Item 7: Staff Report Pg. 62 Packet Pg. 169 of 378 Item 7 Attachment C - Attachment B At -Will Positions Management and Professional Unit Management Compensation Plan - 2023-2025 2nd Revision 2024 The intent of this provision under the Management/Professional Compensation Plan is to designate classifications at the department head, assistant director, deputy director, division manager and senior professional levels as at -will. The applicable Council Appointed Officer may designate newly created positions at those levels not included on this list as at -will. Existing classifications that shall be at -will include but are not limited to: Department Heads- All departments Assistant Directors- All departments Deputy Directors- All departments Division Managers - All departments Administrative Services Director, Administrative Services/Chief Financial Officer Director, Office of Management & Budget Assistant Director, Administrative Services Division Managers such as: Budget Manager; Finance Manager; Chief Procurement Officer; Manager, Real Property; Treasury Manager; Principal Analyst; Revenue Collections Manager City Attorney Chief Assistant City Attorney Assistant City Attorney Deputy City Attorney Legal Fellow City Clerk Assistant City Clerk Deputy City Clerk City Manager Assistant City Manager Chief Operating Officer Deputy City Manager Assistant to the City Manager Assistant to City Manager Chief Communications Officer 25 Item 7: Staff Report Pg. 63 Packet Pg. 170 of 378 Item 7 Attachment C - Communications Manager Chief Transportation Official Manager Economic Development Management Fellow Community Services Director, Community Services Assistant Director, Community Services Manager, Community Services Manager, Community Services Program Senior Human Resources Director of Human Resources/Chief People Officer Assistant Director, Human Resources Human Resources Manager Senior Administrator Human Resources IT Director, IT/Chief Information Officer Manager, Information Technology Library Director, Libraries Assistant Director, Library Services Division Head, Collection & Technical Services Manager, Library Services Planning & Development Services Director, Planning & Development Services Assistant Director, Planning & Development Services Planning Manager Division Manager, Chief Planning Official Development Services Director Chief Building Official Assistant Building Official Planning Manager Public Safety Chief of Police/Director of Public Safety Fire Chief /Assistant Public Safety Director Assistant Police Chief 26 Management Compensation Plan - 2023-2025 2nd Revision 2024 Item 7: Staff Report Pg. 64 Packet Pg. 171 of 378 Item 7 Attachment C - Emergency Services Director Deputy Director —Technical Services Division (police department) Deputy Fire Chief Puhlir Wnrkc Director, Public Works/City Engineer Assistant Director, Public Works — Environmental Services Assistant Director, Public Works — Public Services Assistant Director, Public Works — Engineering Manager, Airport Manager, Fleet Water Quality Control Plant Manager Utilities Director, Utilities Chief Operating Officer 27 Management Compensation Plan - 2023-2025 2nd Revision 2024 Item 7: Staff Report Pg. 65 Packet Pg. 172 of 378 Item 8 Item 8 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: October 28, 2024 Report #:2407-3314 TITLE Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not -to - Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status — Exempt per Section 15301(h) (maintenance of existing landscape) RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for tree pruning and removal services in the amount of $3,011,228, for a revised not -to -exceed amount of $6,776,608, and to extend the contract term by two years, through October 17, 2026 for a total term of five years. BACKGROUND The Public Works Urban Forestry Section is responsible for maintaining the health of more than 38,000 public trees located along streets and in various City -owned public places. Tree pruning is a key maintenance task in keeping the population healthy. The purpose of tree pruning is to improve tree structure, enhance vigor, and maintain safe conditions for motorists and pedestrians as they move through the street corridor. This maintenance is achieved through pruning all City -owned trees on a cyclical basis and involves removing and replacing trees when necessary. In 2021, the City conducted a formal solicitation for the Tree Pruning and Removal Services contract. The three-year contract' was awarded to West Coast Arborists, Inc. (WCA) in the amount of $3,765,380. This contract includes pruning, removal, stump grinding, and other maintenance of trees located along street corridors and on City property. 1 City Council, October 18, 2021; SR#12172 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81494 Item 8: Staff Report Pg. 1 Packet Pg. 173 of 378 Item 8 Item 8 Staff Report This contract, which is scheduled to expire on October 17, 2024, has a three-year term with funding authority not to exceed $3,765,380. As the end of the contract term approached and staff began to prepare for a new solicitation, WCA approached staff with an offer to reduce the rates for all services by 2% in the two extension years, Year Four and Year Five, from the current Year Three rates. This offer was contingent upon the City amending the contract to extend it for an additional two years. The 2% reduction results in annual savings of $27,909, or $55,818 over the two-year extension. ANALYSIS Staff recommends approval of Amendment No. 1 (Attachment A) to the contract with WCA to add funding and extend the contract by two years. The proposed updated fee schedule provided by WCA is included in Attachment A. Contractual tree pruning and removal services were analyzed to determine whether to solicit bids for a new contract or extend the current one. Staff's recommendation to extend the current contract is based on the following: State of the Tree Care Indu With multiple wildfire events and strong winter storms in recent years, the demand for tree workers in the utility line clearance segment of the tree care industry has grown tremendously in a short period of time. This has created a shortage of experienced, qualified workers for the remainder of the industry. While this trend is beginning to stabilize, there is still much volatility in the industry. It is likely this volatility surrounding access to experienced labor will affect future tree company pricing for municipal services. Palo Alto-SDecific Contract Details The details of the contract scope of work and specifications ensure that the work performed by the street tree pruning contractor follows industry best management practices and meets or exceeds industry standards. Contracts that were examined and compared to the City's current contract all adhere to best management practices and tree care industry standards as part of their scopes of work; however, there are many items in the City's scope of work that exceed minimum standards and that, under the other contracts examined, could have resulted in higher overall costs. Staffing Resource Considerations The contract extension is expected to continue to require a predictable amount of staff oversight, whereas a new contract is likely to require additional oversight at the onset and possibly beyond. Interpretation of contract specifications is understood with the current contractor, thus reducing staff time required to address issues such as notifications, traffic control, and customer expectations. Item 8: Staff Report Pg. 2 Packet Pg. 174 of 378 Item 8 Item 8 Staff Report Contractor Performance The current contractor, WCA, has demonstrated over the term of the contract that it shares the goals of the City to protect the urban forest by providing high quality, professional tree care services. WCA has been responsive to the City's needs and understands the high standards expected when working in Palo Alto. WCA has repeatedly demonstrated its ability to meet or exceed expectations, with consistent, documented, positive feedback from the residents of Palo Alto throughout the term of the contract. FISCAL/RESOURCE IMPACT Funding for the first year of this extension is available in the Public Works Department Fiscal Year 2025 Adopted Operating budget. Funding for the second and final year of the extension will be addressed as part of the FY 2026 annual budget process, subject to Council approval of the annual budget appropriation. The table below shows the breakdown of the five-year contract, including the two-year extension (Year 4 and Year 5): Service Type Year 1 Year 2 Year 3 Year 4 Year 5 Grid Pruning $ 268,800.00 $ 537,600.00 $ 537,600.00 $ 526,848.00 $ 526,848.00 Palm Pruning $ 9,850.00 $ 20,200.00 $ 21,100.00 $ 20,678.00 $ 20,678.00 Demand Pruning $ 195,000.00 $ 404,500.00 $ 421,500.00 $ 413,070.00 $ 413,070.00 Tree Removal $ 67,050.00 $ 138,300.00 $ 144,075.00 $ 141,193.50 $ 141,193.50 Stump Grinding $ 68,250.00 $ 140,000.00 $ 145,000.00 $ 142,100.00 $ 142,100.00 Basic Services $ 58,735.00 $ 121,600.00 $ 126,220.00 $ 123,696.75 $ 123,696.75 Total without Additional Services $ 667,685.00 $1,362,200.00 $1,395,495.00 $ 1,367,586.25 $ 1,367,586.25 Additional Services $ 68,000.00 $ 136,000.00 $ 136,000.00 $ 138,027.00 $ 138,028.00 Annual Total $ 735,685.00 $1,498,200.00 $1,531,495.00 $ 1,505,613.25 $ 1,505,614.25 Contract Total $ 6,776,608 The contract's total not -to -exceed amount of $6,776,608 includes a five-year total of $616,055 for additional services that may be needed during the term of the contract. No direct funding is available for the $616,055 additional services portion of this contract at present. The intention in granting this contract authority is to make additional services under this contract available to other departments or for projects that may arise during the contract term. One example of an additional service project is the recent removal of 38 eucalyptus trees in the Esther Clark Park to reduce fire hazards, using $105,860 of Community Services Department funding approved in the FY 2025 budget. Once funding for an additional service project is secured by the managing department, it can then be applied to the contract for use on an additional services project via a City -approved Task Order as detailed in the contract. Item 8: Staff Report Pg. 3 Packet Pg. 175 of 378 Item 8 Item 8 Staff Report STAKEHOLDER ENGAGEMENT This contract is for a continuation of existing tree trimming services and stakeholder engagement was not deemed necessary. ENVIRONMENTAL REVIEW The recommended action is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h) (maintenance of existing landscape). ATTACHMENTS Attachment A: West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Item 8: Staff Report Pg. 4 Packet Pg. 176 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A - West Coast Arborists, Inc. Contract C21181420, AMENDMENT NO. 1 TO CONTRACT NO.C21181420 Amendment No. 1 BETWEEN THE CITY OF PALO ALTO AND WEST COAST ARBORISTS, INC. This Amendment No. 1 (this "Amendment") to Contract No. C21181420 (the "Contract" as defined below) is entered into as of October 21, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California corporation, located at 2200 E. Via Burton Street, Anaheim, CA 92806 ("CONTRACTOR"). CITY and CONTRACTOR are referred to collectively as the "Parties" in this Amendment. RECITALS A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing tree pruning and removal services throughout parks, open spaces and facilities within the City of Palo Alto, as detailed therein. B. The Parties now wish to amend the Contract in order to (1) extend the contract term for two years through October 17, 2026, and (2) increase compensation by Three Million Eleven Thousand Two Hundred Twenty -Eight Dollars ($3,011,228) from Three Million Seven Hundred Sixty - Five Thousand Three Hundred Eighty Dollars ($3,765,380) to a new not to exceed total compensation of Six Million Seven Hundred Seventy -Six Thousand Six Hundred Eight Dollars ($6,776,608), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: Contract. The term "Contract" shall mean Contract No. C21181420 between CONSULTANT and CITY, dated October 18, 2021. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 3 "TERM" of the Contract is hereby amended to read as follows: "The term of this Agreement is from October 18th, 2021 through October 17th, 2026, subject to the provisions of Sections R and W of the General Terms and Conditions." SECTION 3. Section 5 "COMPENSATION FOR ORIGINAL TERM" of the Contract is hereby amended to read as follows: Vers.: Aug. 5, 2019 Page 1 of 16 Item 8: Staff Report Pg. 5 Packet Pg. 177 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A - West Coast Arborists, Inc. Contract C21181420, "CITY shall pay and CONTRACTOR agrees to accept as not -to -exceed corn Amendment No.1 full performance of the Services and reimbursable expenses, if any: E A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Six Million One Hundred Sixty Thousand Five Hundred Fifty -Three Dollars ($6,160,553). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. ® 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 5.) In addition to the not -to -exceed compensation specified above, CITY has set aside the not -to - exceed compensation amount of Six Hundred Sixteen Thousand, Fifty -Five Dollars ($616,055) 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 Six Million Seven Hundred Seventy -Six Thousand Six Hundred Eight Dollars ($6,776,608), 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 5. CONTRACTOR 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 8 (Invoicing). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled "GENERAL 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, CONTRACTOR 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 CONTRACTOR for all Task Orders authorized underthis Agreement shall not exceed the amount of compensation setforth for Additional Services in this Section 5. CONTRACTOR 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 5. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement." Vers.: Aug. 5, 2019 Page 2 of 16 Item 8: Staff Report Pg. 6 Packet Pg. 178 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A - West Coast Arborists, Inc. Contract C21181420, SECTION 4. Section 6 "COMPENSATION DURING ADDITIONAL TERN mentNo.1 ct is hereby amended to read as follows: r CONTRACTOR'S compensation rates for each additional term shall be the same as the original term; OR r CONTRACTOR's compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR's compensation rates be increased byan amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR's compensation rates shall be reflected in a written amendment to this Agreement. SECTION 5. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: Exhibit "C" entitled "SCHEDULE OF FEES, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 3 of 16 Item 8: Staff Report Pg. 7 Packet Pg. 179 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A - West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee WEST COAST ARBORISTS, INC. Officer 1 D�� d by By: 324C79FBEE1F4FC Patrick Mahoney, President Name: President Title: Officer 2 DocuSigned by: (l,A.b.btW1) L! By: E7EE9F99D 1904DA... Richard Mahoney, Secretary Name: VP/Secretary Title: Attachments: Exhibit "C" entitled "SCHEDULE OF FEES, AMENDMENT NO. 1", AMENDED, REPLACES PREVIOUS Vers.: Aug. 5, 2019 Page 4 of 16 Item 8: Staff Report Pg. 8 Packet Pg. 180 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -6825630O841 1 EXHIBIT C SCHEDULE OF FEES,AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) ® Compensation based upon fee schedule. Item 8 Attachment A -West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 CITY shall pay CONTRACTOR according to the following schedule of fees. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Section 5 of this Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. SCHEDULE OF FEES IA. UNIT PRICES FOR PROGRAM PRUNING SIZE FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT CLASS UNIT QUANTITY EXTENDED JNIT PRICE QUANTITY XTENDED UNIT PRICE QUANTITY EXTENDED PRICE PRICE PRICE RICE 4" -10" .B.H.* $100.00 500 $50,000.00 $100.00 1000 = $100,000 $100.00 X 1000 $100,000.00 11" - 20" $125.00 1000 = $125,000.00 $125.00 X 2000 = $250,000 $125.00 X 2000 = $250,000.00 D.B.H. 21"-30" B.H. $155.00 490 $75,950.00 $155.00 X 980 $151,900 $155.00 X 980 = $151,900.00 31" and up D.B.H. 255.00 X 70 = $17,850.00 $255.00 X 140 = $35,700.00 $255.00 X 140 = $35,700.00 FIRST YEAR SUBTOTAL $268,800.00 SECOND YEAR SUBTOTAL $537,600.00 THIRD YEAR SUBTOTAL $537,600.00 THREE-YEAR TOTAL NOT TO EXCEED FOR PROGRAM PRUNING (1st Year + 2nd Year + 3rd Year Subtotal): One Million Three Hundred Forty -Four Thousand Dollars ($1,344,000). *NOTE: D. B.H. = Diameter at Breast Height (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 5 of 16 Item 8: Staff Report Pg. 9 Packet Pg. 181 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A - West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 1B. UNIT PRICES FOR PROGRAM PRUNING SIZE FOURTH YEAR OF CONTRACT FIFTH YEAR OF CONTRACT CLASS UNIT QUANTITY tXTENDED PRICE UNIT QUANTITY XTENDED PRICE PRICE PRICE 4" - 10" D.B.H.* $98.00 1000 = $98,000.00 $98.00 1000 $98,000.00 11"- 20" $122.50 2000 = $245,000.00 $122.50 2000 $245,000.00 D.B.H. 21"-30" D.B.H. $151.90 980 $148,862.00 $151.90 X 980 $148,862.00 31" and up D.B.H. $249.90 140 $34,986.00 $249.90 140 $34,986.00 FOURTH YEAR SUBTOTAL $526,848.00 FIFTH YEAR SUBTOTAL $526,848.00 FIVE-YEAR TOTAL NOT TO EXCEED FOR PROGRAM PRUNING (1st Year + 2nd Year + 3rd Year + 4`h Year + 5r" Year Total): Two Million Three Hundred Ninety -Seven Thousand Six Hundred Ninety -Six ($2,397,696.00). *NOTE: D.B.H.= Diameter at Breast Height (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 6 of 16 Item 8: Staff Report Pg. 10 Packet Pg. 182 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19-B904-68256300841 1 Item 8 Attachment A -West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 2A. UNIT PRICES FOR PALM PRUNING SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT QUANTITY XTENDED UNIT QUANTITY = EXTENDED UNIT UANTITY XTENDED PRICE PRICE PRICE PRICE PRICE RICE DATE PALM SPECIES $280.00 x 10 = $2,800.00 $285.00 x 20 = $5,700.00 $300.00 0 = $6,000.00 UNDER 55' WORKING HEIGHT DATE PALM SPECIES $375.00 10 = $3,750.00 $385.00 x 20 = $7,700.00 $400.00 x 20 = $8,000.00 OVER 55' WORKING HEIGHT WASHING TO NIA PALM $145.00 x 10 = $1,450.00 $150.00 x 20 = $3,000.00 $155.00 x 20 = $3,100.00 SPECIES UNDER 55' WORKING HEIGHT WASHING TO NIA PALM $185.00 x 10 = $1,850.00 $190.00 x 20 = $3,800.00 $200.00 x 20 = $4,000.00 SPECIES OVER 55' WORKING HEIGHT FIRST YEAR SUBTOTAL $9,850.00 SECOND YEAR $20,200 THIRD YEAR $21,100 SUBTOTAL SUBTOTAL THREE-YEAR TOTAL NOT TO EXCEED FOR PALM PRUNING (1st Year + 2nd Year + 3rd Year Subtotal): Fifty -One Thousand One Hundred Fifty Dollars ($51,150). *NOTE: D.B.H.= Diameter at Breast Height (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 7 of 16 Item 8: Staff Report Pg. 11 Packet Pg. 183 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19-B904-68256300841 1 Item 8 Attachment A -West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 2B. UNIT PRICES FOR PALM PRUNING SIZE CLASS FOURTH YEAR OF CONTRACT FIFTH YEAR OF CONTRACT UNIT UANTITY XTENDED PRICE UNIT PRICE QUANTITY = XTENDED PRICE PRICE DATE PALM SPECIES $294.00 20 = $5,880.00 $294.00 x 20 = $5,880.00 UNDER 55' WORKING HEIGHT DATE PALM SPECIES $392.00 x 20 = $7,840.00 $392.00 x 20 = $7,840.00 OVER 55' WORKING HEIGHT WASHING TO NIA PALM $151.90 x 20 = $3,038.00 $151.90 x 20 = $3,038.00 SPECIES UNDER 55' WORKING HEIGHT WASHING TO NIA PALM $196.00 x 20 = $3,920.00 $196.00 x 20 = $3,920.00 SPECIES OVER 55' WORKING HEIGHT FOURTH YEAR SUBTOTAL $20,678.00 FIFTH YEAR SUBTOTAL $20,678.00 FIVE-YEAR TOTAL NOT TO EXCEED FOR PALM PRUNING (1st Year + 2nd Year + 3rd Year + 4r" Year + 5r" Year Total): Ninety -Two Thousand Five Hundred Six Dollars ($92,506.00). *NOTE: D.B.H. = Diameter at Breast Height (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 8 of 16 Item 8: Staff Report Pg. 12 Packet Pg. 184 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A -West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 3A. UNIT PRICES FOR DEMAND PRUNING SIZE FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT CLASS UNIT X QUANTITY T EXTENDED UNIT PRICE X QUANTITY = EXTENDED UNIT X QUANTITY = EXTENDED PRICE PRICE PRICE PRICE PRICE 4"-10" D.B.H. $135.00 x 50 = $6,750.00 $140.00 x 100 = $14,000.00 $145.00 x 100 = $14,500.00 11" - 20" $230.00 x 250 $57,500.00 $240.00 x 500 = $120,000.00 $250.00 x 500 = $125,000.00 D.B.H. 21"-30" $325.00 x 250 = $81,250.00 $335.00 x 500 = $167,500.00 $350.00 x 500 = $175,000.00 D.B.H. 31" and up D.B.H. $495.00 x 100 $49,500.00 $515.00 x 200 = $103,000.00 $535.00 x 200 = $107,000.00 FIRST YEAR SUBTOTAL $195,000.00 SECOND YEAR SUBTOTAL $404,500.00 THIRD YEAR SUBTOTAL $421,500.00 THREE-YEAR TOTAL NOT TO EXCEED - DEMAND PRUNING (1st Year + 2nd Year + 3rd Year Subtotal): One Million Twenty -One Thousand Dollars ($1,021,000. *NOTE: D.B.H.= Diameter at Breast Height (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 9 of 16 Item 8: Staff Report Pg. 13 Packet Pg. 185 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A - West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 3B. UNIT PRICES FOR DEMAND PRUNING SIZE FOURTH YEAR OF CONTRACT FIFTH YEAR OF CONTRACT CLASS UNIT X QUANTITY Q EXTENDED PRICE UNIT PRICE QUANTITY _ EXTENDED PRICE PRICE 4"-10" D.B.H. $142.10 x 100 = $14,210.00 $142.10 x 100 = $14,210.00 11" - 20" $245.00 x 500 $122,500.00 $245.00 x 500 = $122,500.00 D.B.H. 21"-30" $343.00 x 500 = $171,500.00 $343.00 x 500 = $171,500.00 D.B.H. 31" and up D.B.H. $524.30 x 200 $104,860.00 $524.30 x 200 = $104,860.00 FOURTH YEAR SUBTOTAL $413,070.00 FIFTH YEAR SUBTOTAL $413,070.00 FIVE-YEAR TOTAL NOT TO EXCEED - DEMAND PRUNING (1st Year + 2nd Year + 3rd Year + 4'h Year + 5`h Year Total): One Million Eight Hundred Forty -Seven Thousand One Hundred Forty Dollars ($1,847,140.00). *NOTE: D.B.H.= Diameter at Breast Height (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 10 of 16 Item 8: Staff Report Pg. 14 Packet Pg. 186 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -6825630O841 1 Item 8 Attachment A -West A. HOURLY RATES FOR BASIC SERVICES (OUTSIDE UNIT AND DEMAND PRUNTh Coast Arborists, Inc. Contract C21181420, TASKFIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT TH TRACT Amendment No. HOURLY OURS EXTENDED HOURLY HOURS XTENDED O XTENDED ATE RICE RATE PRICE tATE RICE 3 -PERSON CREW ND BUCKET, DURING $237.00 x 150 = $35,550.00 $246.00 x 300 = $73,800 $255.00 x 00 = $76,500.00 REGULAR WORK HOURS (SEE NOTE 1, BELOW) -PERSON CREW ND BUCKET, DURING EMERGENCIES $300.00 x 38 $11,400.00 $312.00 x 75 = $23,400.00 $324.00 x 75 = $24,300.00 ND AFTER GULAR WORK HOURS 0 FT BUCKET DURING $169.00 x 25 = $4,225.00 $174.00 x 50 = $8,700.00 $182.00 x 50 = $9,100.00 GULAR WORK HOURS 0 FT BUCKET DURING EMERGENCIES $169.00 x 10 = $1,690.00 $174.00 x 20 = $3,480.00 $182.00 x 20 = $3,640.00 ND AFTER REGULAR WORK HOURS CRANE SERVICES $119.00 x 10 $1,190.00 $124.00 20 = $2,480.00 $129.00 x 20 = $2,580.00 DURING GULAR WORK HOURS CRANE SERVICES DURING $199.00 x 10 $1,990.00 $208.00 x 20 = $4,160.00 $216.00 x 20 = $4,320.00 EMERGENCIES ND AFTER GULAR WORK HOURS DDITIONAL $269.00 x 10 $2,690.00 $279.00 ( 20 = $5,580.00 $289.00 x 20 = $5,780.00 ROOT GRINDING FIRST YEAR EXTENDED TOTAL $58,735.00 SECOND YEAR TOTAL $121,600.00 THIRD YEAR TOTAL $126,220.00 THREE-YEAR TOTAL NOT TO EXCEED AMOUNT FOR BASIC SERVICES (1st Year + 2nd Year + 3rd Year Subtotal): Three Hundred Six Thousand Five Hundred Fifty -Five Dollars ($306,555). (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 11 of 16 Item 8: Staff Report Pg. 15 Packet Pg. 187 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -6825630O841 1 Item 8 Attachment A -West B. HOURLY RATES FOR BASIC SERVICES (OUTSIDE UNIT AND DEMAND PRUNIN Coast Arborists, Inc. Contract C21181420, TASKFOURTH YEAR OF CONTRACTFIFTH YEAR OF CON Amendment No. 1 HOURLY OURS EXTENDED PRICE IOURLY HOtrn, ctENDED PRICE ATERATE 3 -PERSON CREW ND BUCKET, DURING $249.90 x 300 = $74,970.00 $249.90 300 $74,970.00 REGULAR WORK HOURS (SEE NOTE 1, BELOW) -PERSON CREW ND BUCKET, DURING EMERGENCIES $317.55 x 75 $23,816.25 $317.55 x 75 $23,816.25 ND AFTER GULAR WORK HOURS 0 FT BUCKET DURING $178.35 x 50 = $8,917.50 $178.35 x 50 = $8,917.50 GULAR WORK HOURS 0 FT BUCKET DURING EMERGENCIES $178.35 x 20 = $3,567.00 $178.35 x 20 $3,567.00 ND AFTER REGULAR WORK HOURS CRANE SERVICES $126.40 x 20 $2,528.00 $126.40 20 $2,528.00 DURING GULAR WORK HOURS CRANE SERVICES DURING $211.70 x 20 $4,234.00 $211.70 20 $4,234.00 EMERGENCIES ND AFTER GULAR WORK HOURS DDITIONAL $283.20 x 20 $5,664.00 $283.20 20 $5,664.00 ROOT GRINDING FOURTH YEAR EXTENDED TOTAL $123,696.75 IFTH YEAR TOTAL $123,696.75 FIVE-YEAR TOTAL NOT TO EXCEED AMOUNT FOR BASIC SERVICES (1st Year + 2nd Year + 3rd Year + 4" ` Year + S" Year Total): Five Hundred Fifty -Three Thousand Nine Hundred Forty -Eight Dollars and Fifty Cents.($553,948.50). (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 12 of 16 Item 8: Staff Report Pg. 16 Packet Pg. 188 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19-B904-68256300841 1 Item 8 Attachment A -West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 5A. UNIT PRICES FOR TREE REMOVAL (TO 6 INCHES ABOVE SOIL LINE) SIZE FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT CLASS UNIT PRICE QUANTITY = EXTENDED UNIT PRICE X UANTITY = EXTENDED UNIT X QUANTITY = EXTENDED PRICE PRICE PRICE PRICE 4" - 10" D.B.H $355.00 x 10 = $3,550.00 $370.00 x 20 = $7,400.00 $385.00 x 20 = $7,700.00 11" - 20" D.B.H $755.00 x 20 = $15,100.00 $785.00 x 10 = $31,400.00 $815.00 x 40 = $32,600.00 21"- 30" D.B.H $2,100.00 x 12 = $25,200.00 $2,180.00 x 25 = $54,500.00 $2,270.00 x 25 = $56,750.00 31" and up D.B.H $2,900.00 x 8 = $23,200.00 $3,000.00 x 15 = $45,000.00 $3,135.00 x 15 = $47,025.00 FIRST YEAR SUBTOTAL $67,050.00 SECOND YEAR SUBTOTAL $138,300.00 THIRD YEAR SUBTOTAL $144,075.00 THREE-YEAR TOTAL NOT TO EXCEED AMOUNT FOR TREE REMOVAL (1st Year + 2nd Year + 3rd Year Subtotal): Three Hundred Forty -Nine Thousand Four Hundred Twenty -Five Dollars ($349,425). *NOTE: D.B.H. = Diameter at Breast Height (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 13 of 16 Item 8: Staff Report Pg. 17 Packet Pg. 189 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19-B904-68256300841 1 Item 8 Attachment A -West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 5B. UNIT PRICES FOR TREE REMOVAL (TO 6 INCHES ABOVE SOIL LINE) SIZE FOURTH YEAR OF CONTRACT FIFTH YEAR OF CONTRACT CLASS UNIT PRICE QUANTITY = EXTENDED PRICE UNIT PRICE X UANTITY = EXTENDED PRICE 4" - 10" D.B.H $377.30 x 20 = $7,546.00 $377.30 x 20 = $7,546.00 11" - 20" D.B.H $798.70 x 40 = $31,948.00 $798.70 x 40 = $31,948.00 21"- 30" D.B.H $2,224.60 25 = $55,615.00 $2,224.60 x 25 = $55,615.00 31" and up D.B.H $3,072.30 x 15 = $46,084.50 $3,072.30 x 15 = $46,084.50 FOURTH YEAR SUBTOTAL $141,193.50 FIFTH YEAR SUBTOTAL $141,193.50 IVE-YEAR TOTAL NOT TO EXCEED AMOUNT FOR TREE REMOVAL 1st Year + 2nd Year + 3rd Year + 4r" Year + 5" Year Total): Six Hundred Thirty -One Thousand Eight Hundred Twelve Dollars ($631,812.00). *NOTE: D.B.H. = Diameter at Breast Height Vers.: Aug. 5, 2019 Page 14 of 16 Item 8: Staff Report Pg. 18 Packet Pg. 190 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -6825630O841 1 Item 8 Attachment A -West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 6A. UNIT PRICES FOR STUMP GRINDING SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT QUANTITY XTENDED UNIT PRICE UANTITY EXTENDED UNIT QUANTITY EXTENDED PRICE RICE PRICE PRICE RICE Less than 13" $185.00 x 50 $9,250.00 $190.00 x 100 = $19,000.00 $195.00 x 100 $19,500.00 diameter 13 - 30" $355.00 100 = $35,500.00 $365.00 x 200 = $73,000.00 $380.00 x 200 $76,000.00 diameter Greater than 30" $470.00 50 = $23,500.00 $480.00 x 100 = $48,000.00 $495.00 x 100 = $49,500.00 diameter FIRST YEAR SUBTOTAL $68,250.00 SECOND YEAR SUBTOTAL $140,000.00 THIRD YEAR SUBTOTAL $145,000.00 THREE-YEAR TOTAL NOT TO EXCEED AMOUNT FOR STUMP REMOVAL (First Year + Second Year + Third Year): Three Hundred Fifty -Three Thousand Two Hundred Fifty Dollars ($353,250) 6B. UNIT PRICES FOR STUMP GRINDING SIZE CLASS FOURTH YEAR OF CONTRACT FIFTH YEAR OF CONTRACT UNIT QUANTITY EXTENDED PRICE UNIT PRICE QUANTITY XTENDED PRICE PRICE Less than 13" $191.10 100 = $19,110.00 $191.10 100 $19,110.00 diameter 13 - 30" $372.40 200 = $74,480.00 $372.40 200 = $74,480.00 diameter Greater than 30" $485.10 100 $48,510.00 $485.10 100 = $48,510.00 diameter FOURTH YEAR SUBTOTAL $142,100.00 FIFTH YEAR SUBTOTAL $142,100.00 FIVE-YEAR TOTAL NOT TO EXCEED AMOUNT FOR STUMP REMOVAL (1st Year + 2nd Year + 3rd Year + 4r" Year + Sr" Year Subtotal): Six Hundred Thirty Seven Thousand Four Hundred Fifty Dollars ($637,450.00). (EXHIBIT C IS CONTINUED ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 15 of 16 Item 8: Staff Report Pg. 19 Packet Pg. 191 of 378 Docusign Envelope ID: 0F32F936-8E1 5-41 19 -B904 -68256300841 1 Item 8 Attachment A - West Coast Arborists, Inc. Contract C21181420, Amendment No. 1 PRICING SCHEDULE TOTALS ACROSS ALL FIVE CONTRACT YEARS FIVE-YEAR TOTAL FOR PROGRAM PRUNING (from Section 1, above) $2,397,696.00 FIVE-YEAR TOTAL FOR PALM PRUNING (from Section 2, above) $92,506.00 FIVE-YEAR TOTAL FOR DEMAND PRUNING (from Section 3, above) $1,847,140.00 FIVE-YEAR TOTAL FOR HOURLY SERVICES (from Section 4, above) $553,948.50 FIVE-YEAR TOTAL FOR TREE REMOVAL (from Section 5, above) $631,812.00 FIVE-YEAR TOTAL FOR STUMP GRINDING (from Section 6, above) $637,450.00 Additional Services, if any (per Section 5, entitled "Compensation for Original Term," of this Agreement) $616 055.00 TOTAL NOT TO EXCEED COMPENSATION AMOUNT OF THIS AGREEMENT: Six Million Seven Hundred Seventy -Six Thousand Six Hundred Seven Dollars and Seventy -Five Cents ($6,776,608). BASE & ADDITIONAL SERVICES BY YEAR YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL Total by Year (Base Services) $667,685.00 $1,362,200.00 $1,395,495.00 $1,367,586.25 $1,367,586.25 $6,160,552.50 Total by Year (Additional Services -If Needed) $68,000.00 $136,000.00 $136,000.00 $138,027.00 $138,028.00 $616,055.00 Total by Year (Base + Additional Services) $735,685.00 $1,498,200.00 $1,531,495.00 $1,505,613.25 $1,505,614.25 $6,776,607.50 Vers.: Aug. 5, 2019 Page 16 of 16 Item 8: Staff Report Pg. 20 Packet Pg. 192 of 378 Certificate Of Completion Envelope Id: 0F32F9368E154119B904682563008411 Subject: Please DocuSign: C21181420_West Coast Arborists_Amendment #1 Source Envelope: Document Pages: 16 Signatures: 2 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 10/2/2024 9:06:53 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Patrick Mahoney, President pmahoney@wcainc.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Richard Mahoney, Secretary rmahoney@wcainc.com VP/Secretary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Peter Gollinger peter.gollinger@cityofpaloalto.org Urban Forester City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: O'Brien, Nanette Nanette.OBrien@CityofPaloAlto.org Pool: StateLocal Pool: City of Palo Alto Signature EDocuSignetl by: 324C79FFBBEE1 F4FC... Signature Adoption: Drawn on Device Using IP Address: 46.193.0.233 Signed using mobile bey: ED—S!,ned I j ."1S E7EE9F99D1904DA... Signature Adoption: Pre -selected Style Using IP Address: 12.215.229.227 Signature Status Status Status Status Status COPIED Item 8 Attachment A - West Coast Arborists, Inc. GUST jn Status: Co[_ Contract C21181420, Amendment No. 1 Envelope Originator: O'Brien, Nanette 250 Hamilton Ave Palo Alto , CA 94301 Nanette.OBrien@CityofPaloAlto.org IP Address: 199.33.32.254 Location: DocuSign Location: DocuSign Timestamp Sent: 10/2/2024 12:27:03 PM Viewed: 10/2/2024 12:34:34 PM Signed: 10/2/2024 12:34:45 PM Sent: 10/2/2024 12:34:50 PM Viewed: 10/2/2024 1:46:54 PM Signed: 10/2/2024 1:47:49 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 10/2/2024 1:47:52 PM Item 8: Staff Report Pg. 21 Packet Pg. 193 of 378 Item 8 Attachment A - West Carbon Copy Events Status Timest Coast Arborists, Inc. Victor Gonzalez COPIED Sent: 10/ Contract vgonzalez@wcainc.com No. Amendment 1 1 Vice President West Coast Arborists, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Svetlana Milijkovic COPIED Sent: 10/2/2024 1:47:54 PM Svetlana.Miljkovic@CityofPaloAlto.org Management Analyst Copa Security Level: Email, Account Authentication (None) 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 10/2/2024 12:27:04 PM Certified Delivered Security Checked 10/2/2024 1:46:54 PM Signing Complete Security Checked 10/2/2024 1:47:49 PM Completed Security Checked 10/2/2024 1:47:54 PM Payment Events Status Timestamps Item 8: Staff Report Pg. 22 Packet Pg. 194 of 378 Item 9 Item 9 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Administrative Services Meeting Date: October 28, 2024 Report #:2408-3328 TITLE Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status --Not a Project. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager, or their designee, to execute the First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter by and between the City of Palo Alto and Palo Alto History Museum to reflect the addition of the $182,448 Grant Funding Agreement for restoration and repair of the Roth Building windows and the additional $1.0 million of City funding allocated by the Council to the Roth Building Rehabilitation (Phase 1) capital project (PF-23001) as part of the adoption of the FY 2025 Capital Budget. The $1.OM request is a cost sharing between the Museum and City of the $2.OM inflationary cost increase. BACKGROUND In December 2022, Council approved a 40 -year lease with the Palo Alto History Museum (the Museum) for use of the Roth Building located at 300 Homer Avenue'. A Tenant Work Letter that documented details and obligations related to the construction of various tenant improvements at the property was approved by the Council on April 17, 20232. The Museum subsequently assumed responsibility for the property and started construction. The Tenant Work Letter has been amended twice. Amendments include: 1 City Council, 12/12/2022, Staff Report # 15017, https://recordsportal.paloaIto.gov/Weblink/DocView.aspx?id=82171 2 City Council, 4/17/2023, Staff Report # 2303-1108, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82328 Item 9: Staff Report Pg. 1 Packet Pg. 195 of 378 Item 9 Item 9 Staff Report • Amendment #1: Revise certain insurance requirements,3 • Amendment #2: Memorialize project schedule and funding information.4 ANALYSIS Amendments to Lease Agreement There are two recommended amendments to the Lease Agreement: 1) Amendment to Exhibit F, County Grant Agreements: Exhibit F to the Lease sets forth the County Grant Agreements that were awarded to partially fund the rehabilitation of the Roth Building. The Museum and City agreed to mutually cooperate to ensure compliance with the requirements and conditions of the County Grant Agreements. Since the lease was signed, the City has entered into an additional Grant Funding Agreement with the County of Santa Clara on July 26, 2023 that provides $182,448 in Historic Heritage Grant Funds for the restoration and repair of the Roth Building windows. The First Amendment to the Lease Agreement shown in Attachment A of this staff report updates Exhibit F of the lease to include the window grant. 2) Add Exhibit H to reflect additional City contribution of $500,000: As part of the City's Fiscal Year 2025 Capital Budget, the Council allocated $500,000 in Fiscal Year 2026, pending the City Council's review and adoption of the Fiscal Year 2026 Budget, to the Roth Building Rehabilitation (Phase 1) project (PF-23001). This funding is intended to assist the Museum's efforts to attract increased donor participation and fundraising through gallery design and exhibits to be installed after the construction phase of the Roth Building Rehabilitation project. The First Amendment to the Lease Agreement adds a new Exhibit H to address this additional funding contribution from the City. Amendments to the Tenant Work Letter Attachment A of the Tenant Work Letter details the funding commitments for construction of the project. Sources of funding for the City contribution consistent with the Tenant Work Letter (TWL) include Transferrable Development Rights and City general funds, Stanford University Medical Center development agreement funds, Santa Clara County Grant Agreements, Development Impact Fees (community center and Library), Park Impact Fees, and City reimbursements for permit fees and payment and performance bonds altogether totaling 3 City Council, 9/5/2023, Staff Report # 2308-1885, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82525 ' City Council, 11/13/2023, Staff Report # 2309-1997, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82557 Item 9: Staff Report Pg. 2 Packet Pg. 196 of 378 Item 9 Item 9 Staff Report $10,020,000. In addition, the City has contributed $20,000 in additional insurance costs as noted in the background as part of the prior amendments to the TWL. On June 17, 2024, the Council adopted the FY2025 capital budget, which includes $672,998 in project funding in FY 2025 and approved the Five -Year Capital Improvement Plan which included $500,000 in FY 2026 (discussed above). FY 2025 funding reflects additional $500,000 to the Museum, a portion of the requested $1.0 million for inflationary cost increases5 for the Roth Building Rehabilitation (Phase 1) capital project (PF-23001). The remaining $173,000 reflects funding for the City archives moving costs and furniture, fixture, and equipment (FF&E) as the City is responsible for these costs per the Lease Agreement. The Third Amendment to Tenant Work Letter shown in Attachment B of this staff report updates Attachment A of the Tenant Work Letter to reflect the additional project funding appropriated in FY 2024 and FY 2025. Specifically, the following changes are reflected in item 2 (A and C): 2. City Contribution. The City Contribution is comprised of the following contributions and reimbursements for construction of the Project, for a total City Contribution of $10,702,448, provided the Museum meets its funding obligations and timely complies with the conditions for Project commencement set forth in this Tenant Work Letter: A. The City will contribute $5,400,000 from transferable development rights and City general funds. B. [no changes] C. The City will contribute $835,448 from funds received pursuant to the County Grant Agreements, which is to be allocated solely for the improvements specified in the County Grant Agreements and conditioned upon the Museum's compliance with the terms and conditions of the County Grant Agreements, as may be further specified in the Lease. FISCAL/RESOURCE IMPACT The First Amendment to the Lease Agreement includes the grant funding agreement for $182,448 to the capital project (PF-23001) for restoration of Roth Building windows on a reimbursement basis. The Museum and City have agreed to cooperate to obtain reimbursement from the County under the County Grant Agreements. Funding of $1.0 million ($0.2 million in interest earnings on Transfer Development Rights funding and $0.8 million in transfers from the General Fund to the Capital Improvement Fund) referenced in the Third Amendment to Tenant Work Letter and First Amendment to the Lease Agreement was allocated to PF-23001 in the FY 2025-2029 Five -Year Capital Improvement Plan (CIP). 5 City Council, 6/17/2024, Staff Report # 2406-3140, https://cityofpaloaIto.primegov.com/Portal/viewer?id=0&type=7&uid=59e55f1a-2e16-432c-90e2-8eaebfd16751 Item 9: Staff Report Pg. 3 Packet Pg. 197 of 378 Item 9 Item 9 Staff Report STAKEHOLDER ENGAGEMENT Staff on the City Construction Liaison Team meet with representatives of the Museum and the contractor Vance Brown once a week to stay current on the project. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) because amending the Lease and Tenant Work Letter is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: First Amendment to Lease Agreement Attachment B: Third Amendment to Tenant Work Letter APPROVED BY: Lauren Lai, Administrative Services Director Item 9: Staff Report Pg. 4 Packet Pg. 198 of 378 Item 9 Attachment A - First Amendment to Lease Agreement FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (this "First Amendment") is entered into as of ("Execution Date") by and between CITY OF PALO ("") and PALO ALTO HISTORY MUSEUM ("Museum"). RECITALS A. WHEREAS, City and Museum are parties to that certain Lease Agreement dated as of December 12, 2022; and B. WHEREAS, City and Museum desire to further modify and amend the Lease Agreement only in the respects and on the conditions hereinafter stated. AGREEMENT NOW, THEREFORE, City and Museum, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, agree as follows: 1. Definitions. For purposes of this First Amendment, capitalized terms shall have the meanings ascribed to them in the Lease Agreement unless otherwise defined herein. 2. Section 52. Section 52. EXHIBITS TO LEASE is amended to include new Exhibit H — Fiscal Year 2026 City Funding, as shown below in underlined text: This Lease includes the following exhibits, which are attached hereto and by this reference incorporated into this Lease: Exhibit A — Depiction of Building Exhibit B — Depiction of Premises, Community Room and Public Parkside Restroom Exhibit C — License Agreement for City Archives Room Exhibit D — Tenant Work Letter Exhibit E — Community Room Principles Exhibit F — County Grant Agreements Exhibit G — Maintenance Plan Exhibit H — Fiscal Year 2026 City Funding 3. Exhibit F. Revised Exhibit F County Grant Agreements, attached hereto, replaces existing Exhibit F to the Lease Agreement. 3. Exhibit H. Exhibit H Fiscal Year 2026 City Funding, attached hereto, is added as Exhibit H to the Lease Agreement. 4. Effect of First Amendment. Except as modified by this First Amendment, the Lease Agreement and all the covenants, agreements, terms, provisions and conditions thereof shall remain in full force and effect and are hereby ratified and affirmed. In the event of any conflict Item 9: Staff Report Pg. 5 Packet Pg. 199 of 378 Item 9 Attachment A - First Amendment to Lease Agreement between the terms contained in this First Amendment and the Lease Agreement, the terms herein contained shall supersede and control the obligations and liabilities of the parties. 5. Counterparts and PDF Signatures. This First Amendment may be executed in one or more counterparts, each of which, when taken together, shall constitute one and the same document. A portable document format (PDF) signature using Docusign on this First Amendment shall be equivalent to, and have the same force and effect as, an original signature. [Signature page follows] Item 9: Staff Report Pg. 6 Packet Pg. 200 of 378 Item 9 Attachment A - First Amendment to Lease Agreement IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day hereinabove first written. CITY: CITY OF PALO ALTO, a California chartered municipal corporation By: Name: Title: City Manager or designee Date: Approved as to Form: By: Name: Title: City Attorney or designee Date: MUSEUM: PALO ALTO HISTORY MUSEUM By: Name: Title: Date: Item 9: Staff Report Pg. 7 Packet Pg. 201 of 378 Item 9 Attachment A - First Amendment to Lease Agreement OVIJIQIT C COUNTY GRANT AGREEMENTS (Revised by First Amendment to Lease Agreement) Below is a listing of the grant agreements followed by the executed agreements: Roof Grant 1 Grant Cycle 2018 Amount: $102,992 Date Signed: 1/27/2020 Roof Grant 2 Grant Cycle 2019 Amount: $200,000 Date Signed: 1/27/2022 Elevator Grant Grant Cycle: 2022 Amount: $350,000 Date Signed: 9/15/2022 Window Grant Grant Cycle: 2023 Amount: $182,448 Date Signed: 7/26/2023 Item 9: Staff Report Pg. 8 Packet Pg. 202 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement GRANT FUNDING AGREEMENT between the County of Santa Clara and the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project (Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS, $102,992) This Grant Funding Agreement ("Agreement"), is made and entered into, as of the last date signed below by all parties ("Effective Date") by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter referred to as the "County"), and the City of Palo Alto, a California municipality, with its primary offices located at 250 Hamilton Ave, Palo Alto, CA 94301 ("Grantee"). RECITALS WHEREAS, the Grantee submitted an application to the County's Historical Heritage Commission ("Historical Heritage Commission") for funding of the Roth Building Clay Tile Roof Restoration Project located at 300 Homer Avenue, Palo Alto, CA 94301, as more fully described in Attachment A "Scope of Work" incorporated and made a part of this Agreement by reference herein ("Project"); WHEREAS, the Historical Heritage Commission, on May 16, 2019, reviewed the merits of the Grantee's application and forwarded its recommendation to the Board of Supervisors that it approve the allocation of $102,992 from the Fiscal Year 2019 Historical Heritage Park Charter Development Funds (the "Grant") to assist the Grantee with the Project; WHEREAS, the Board of Supervisors reviewed the information provided in support of the Project and finds that the Project meets the requirements for use of Park Charter Development funds in Section 604 (b) of the County Charter; and, WHEREAS, the Board of Supervisors on August 27, 2019, reviewed and approved the recommendation of the Historical Heritage Commission to allocate Grant funding to assist with the Project, which will acknowledge, preserve and commemorate the historical and cultural heritage of the Santa Clara Valley. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the County and Grantee agree to the foregoing and as follows: GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 1 of 18 Item 9: Staff Report Pg. 9 Packet Pg. 203 of 378 ease Agreement Item 9 Attachment A - First SECTION I Amendment Agreement to Lease GRANTEE RESPONSIBILITIES Grantee warrants, represents and agrees that: 1. Recitals. All Recitals contained herein above are incorporated into and made a part of this Agreement as terms and conditions. 2. General. Grantee, at Grantee's sole cost and expense, will perform or cause to be performed the Scope of Work described in Attachment A, and the Grantee shall act promptly and without delay with respect to such matters in relation to the Project. In performing the Project, the Grantee shall: a) Prepare all environmental documents and take all other actions required for approval and completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder and any other applicable laws. Grantee warrants, represents and agrees that, except where otherwise expressly prohibited by state or federal law, Grantee, as the applicant for any discretionary land use permit, development permit, license, authorization, entitlement or other approval from the County, will defend, indemnify and hold harmless the County and its officers, agents, employees, boards and commissions from, for and against any claim, action or proceeding brought by any person or entity ("third party") other than the Grantee against the County or its officers, agents, employees, boards or commissions that arises from or is in any way related to the approval, including but not limited to claims, actions or proceedings to attack, set aside, void or annul the approval. If a third party claim, action or proceeding is filed, the County will notify the applicant of the claim, action or proceeding and will cooperate fully in the defense. Notwithstanding the above, the County has the right to participate in the defense of any claim, action or proceeding. This indemnity shall not apply to the gross negligence or willful misconduct of the County, or of its agents, officers, employees, boards or commissions. b) Secure all required approvals, including approvals from government agencies required for completion of the Project. c) Publicly acknowledge the Grant by providing a plaque permanently affixed to the building exterior, or on a prominent location on the Project site, visible to the public. The acknowledgement credit shall read: "Restoration made possible in part by a grant from the County of Santa Clara Parks and Recreation Department's Historical Heritage Grant Program." Grantee will obtain County Parks and Recreation Department review and approval of the plaque/sign prior to manufacture and installation. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 2 of 18 Item 9: Staff Report Pg. 10 Packet Pg. 204 of 378 9 ease Agreement Item Attachment A - First Amendment to Lease d) Publicly acknowledge the Grant by giving credit to the Cou Agreement d materials including newsletters, brochures, and internet messages. e) Submit a written progress report for the Project to the County Parks and Recreation Department no later than November 1 and May 1 of each year, until the Project is completed, and reimbursement received. f) Provide any requested documentation about the Project to the Historical Heritage Commission. This includes request for documents before construction work begins in order to ensure that the proposed Project is consistent with the United States Secretary of the Interior's standards for rehabilitation, preservation and restoration of historic properties. g) Make a presentation at a regularly scheduled Historical Heritage Commission meeting discussing the completed Project within three (3) months of Project completion. The Grantee shall print and distribute the same photos that were submitted with the final reimbursement request to the Commission members at the presentation. 3. Capital Contributions. a) Grantee shall expend the Grant exclusively for third party expenses arising from services, permits, fees, labor, materials and equipment required for the Scope of Work specified in Attachment A ("Eligible Costs"), and consistent with Attachment B, Itemized Project Budget for completion of the Project. No contribution made by the County shall be used for Grantee's internal salary or administrative expenses, including office overhead or expenses. b) Grantee must successfully demonstrate expenditure of Grantee's cash contribution funds to the County's satisfaction prior to reimbursement through the Grant. Additional funds needed to complete the Project shall be identified in Attachment B, Itemized Project Budget. c) County recognizes that the Project Budget identified in Attachment B is an estimate and may include a contingency. To the extent Eligible Costs vary from this budget: (i) For work to be performed that is funded by both Grantee and Grantor as reflected in Attachment B, if Grantee's Cash Contribution for any itemized work to be performed is reduced, then the Grant contribution shall be reduced by the same percentage; and (ii) Costs between Project elements may be adjusted to reflect actual costs, however material changes (even if there is minor or no change in cost) that will affect the restoration or preservation of a historical element, or changes that would necessitate County GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 3 of 18 Item 9: Staff Report Pg. 11 Packet Pg. 205 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease funding of a non -preservation element that th Agreement financing with other funds, shall require Historical erI age Commission approval. Grantee is solely responsible for expenditures that may exceed the Grant amount. 4. Prevailing Wages. The Project is a public work within the meaning of Labor Code Section 1720, to which the provisions of Labor Code Section 1770 et seq. apply. The Grantee shall comply with all of the applicable provisions of the Labor Code, including, but not limited to, payment, or cause payment to be made, of prevailing wages. The Grantee shall include prevailing wage requirements in all agreements with third parties for work or services needed to complete the Project. Grantee is hereby notified that the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work. Grantee is further notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Further information on Compliance Monitoring Unit requirements can be found at http s ://www.dir.ca.gov/dlse/cmu/cmu.html. The Labor Code was recently amended to now require Grantee's compliance with the Department of Industrial Relations (DIR) electronic certified payroll reporting (eCPR) requirements which took effect on January 1, 2016. No contract can be awarded unless the public works project has been registered with the Department of Industrial Relations. Subcontractors used on the project must also comply. Additional information is available at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Grantee agrees to comply with all related provisions of the Labor Code, including but not limited to, the provisions of Labor Code Section 1775 relating to the payment of prevailing wages, Section 1777.5 relating to the employment of apprentices, Section 1811-1813 relating to the payment of Overtime and provisions pertaining to eCPR compliance. 4. Project Conformance with the Secretary of the Interior's Standards. The Project and the property upon which the Project is located must at all times conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties. 5. Timeline for Project Completion. The Project must be completed before the expiration of the Term. If the Project cannot be completed within the required timeframe, Grantee may be required, at County's sole election, to forfeit any and all unexpended Grant funds. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 4 of 18 Item 9: Staff Report Pg. 12 Packet Pg. 206 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease 6. Changes to Project Agreement Term. Agreement Grantee must complete the Project and demonstrate the Project to be fully usable within the Term. The County may but is not required to, at its sole discretion, approve an extension for demonstrated delays not within the control of Grantee. The Grantee must request the extension in writing no later than three (3) months prior to the expiration of the Term. If the Project cannot be completed within the required timeframe, the Grantee shall not be entitled to receive unexpended Grant funds and the County has the sole discretion to terminate at the expiration of the Term. SECTION II OPERATION AND MAINTENANCE Upon completion of the Project, the Grantee represents and warrants that it shall open the property upon which the Project is located to the public, and continuously operate and maintain the property and the Project for the benefit of the public for a period of at least twenty (20) years. On -going maintenance is solely the responsibility of the Grantee. SECTION III COMPENSATION / REIMBURSEMENT 1. Reimbursement Amount. The County will reimburse the Grantee in an amount not to exceed the maximum Grant amount of $102,992 for Eligible Costs. County's obligation to pay is expressly conditioned upon the Grantee's demonstrated compliance with all of the conditions of this Agreement and the availability of Grant funds. 2. Invoice Requirements. Grantee must keep accurate accounting records of all Project expenditures. Grant funds are issued on a reimbursement basis only, based upon completion of the Agreement requirements. Grantee shall provide County a detailed, itemized invoice requesting reimbursement of Eligible Costs containing information noted below. The County shall only reimburse for approved costs. If a reimbursement request is not complete, the County will return the request for payment with deficiencies noted. The County, in its sole discretion, may pay that part of the reimbursement request that is complete, or decline payment until the reimbursement request is complete. All reimbursement requests shall include the following information: a) A letter itemizing Eligible Costs being claimed for reimbursement. Itemizations must clearly show the relationship between the Eligible Cost and the matters listed in Attachment A, Scope of Work. b) Clear copies of invoices that are for the Project and addressed to the Grantee. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 5 of 18 Item 9: Staff Report Pg. 13 Packet Pg. 207 of 378 Item 9 ease Agreement Attachment A - First Amendment to Lease c) Evidence that all invoices have been paid. For example, a cl Agreement t side of the check or warrant issued to pay said invoices, or a receipt evI encmg such payment. Account statements will not be accepted. d) Evidence that Grantee's cash contribution identified in the recitals were provided and expended. e) A report on the status of the Project, which shall include construction inspection reports. Grantee may submit requests for reimbursement any time that Grantee has claimable expenditures exceeding $1,000. However, Grantee must send the County reimbursement requests on a quarterly basis when Grantee has claimable expenditures during that quarter that exceed $1,000. No advances of Grant funds will be issued. The quarterly submittal dates are January 1, April 1, July 1, and October 1. Upon Project completion, the Grantee may submit a final Grant payment request that must include all the items required in a standard reimbursement request and the following: a) At least six (6) different photos of the Project; and, b) Demonstration of compliance with the acknowledgement required under Section I, Paragraph 2. c) (a photograph of the installed sign will suffice); and, c) A statement of how each one of the conditions noted in Section I, Paragraph 1. g) have been met. If the County approves the reimbursement request, the County will provide payment to the Grantee within thirty (30) days of receipt of the request for reimbursement. The County of Santa Clara Parks and Recreation Department must have received Grantee's request for reimbursement within the Term of this Agreement, or any written extension thereof. Upon expiration of the Term of this Agreement, any remaining unexpended Grant funds will remain with the County. It is the Grantee's responsibility to keep track of the expiration of the Term of this Agreement and to ensure that the Project is completed, and reimbursements submitted in accordance with the terms of the Agreement. 3. Project Records, County Audit, and Inspection. Grantee is responsible for maintaining fiscal controls and fund accounting procedures that shall show the following: a) The disposition of the proceeds of Grant funds provided to Grantee; b) The total costs of the Project; c) The amount and nature of that portion of the Project cost supplied by other sources; and, d) Any other records and controls that will facilitate an effective audit. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 6 of 18 Item 9: Staff Report Pg. 14 Packet Pg. 208 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement Grantee will maintain Project financial records for audit purposes for three ( years atter completion of the Project or until all claims are settled, whichever occurs last. All records and data shall be available to County upon reasonable notice within five (5) working days of a request by County. Grantee shall repay County with interest at the rate earned on County's investments for any unauthorized activities disclosed by audit or inspection, including the cost of the audit, within thirty (30) days of demand by the County. Grantee will maintain Project records related to maintenance and access for audit purposes for twenty (20) years after completion of the Project. All records and data shall be available to the County upon reasonable notice within five (5) working days of a request by the County. Audits may be conducted at the discretion of the County. The audits may take two forms; a walk through inspection of the Project and informal review of the Project records by County staff, and/or a formal audit conducted by either County staff or a consultant. Grantee should be prepared for either or both types of audits. A walk through inspection may occur at the beginning of a Project, prior to approval of the final reimbursement request, or at periodic intervals during construction and the period of time during which the playground must remain open and accessible to the public. A formal audit may occur as deemed necessary by the County. SECTION IV INDEMNIFICATION, INSURANCE AND RELEASE 1. During the construction phase, the Grantee, at its sole cost and expense, shall provide the insurance set forth in the Attachment C, Insurance. As insurance requirements may differ from those in effect at time of grant application, Grantee shall comply with requirements in effect at time of execution of this Project Agreement. 2. Except to the extent of Claims (defined below) resulting from the sole active gross negligence or willful misconduct of County, Grantee warrants, represents and agrees to protect, defend (with counsel reasonably acceptable to County) and hold County and County's agents, directors, officers, Board of Supervisors, employees, representatives, contractors, successors and assigns and each of their respective partners, members, directors, officers, employees, representatives, agents, contractors, heirs, successors and assigns (collectively, the "County Indemnitees") harmless and indemnify the County Indemnitees from and against all liabilities, damages, demands, penalties, costs, claims, losses, judgments, charges and expenses (including reasonable attorneys' fees, costs of court and expenses necessary in the prosecution or defense of any litigation including the enforcement of this provision) (collectively, "Claims") arising from or in any way related to, directly or indirectly, (i) Grantee's or Grantee's Representatives' use of the Grant funds, (ii) the conduct of Grantee's operations or business, (iii) from any activity, work or thing done, permitted or suffered by Grantee in or about Grantee's property wherever located, (iv) Grantee's failure to perform any covenant or obligation under this Agreement, and/or (v) the Project. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 7 of 18 Item 9: Staff Report Pg. 15 Packet Pg. 209 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease 3. Except to the extent of Claims resulting from the sole active gross n Agreement 1 misconduct of County, to the fullest extent permitted by law, Grantee agrees that neither rantee nor any of the Grantee's Indemnitees shall at any time or to any extent whatsoever be liable, responsible or in any way accountable for any loss, liability, injury, death or damage to persons or property which at any time may be suffered or sustained by Grantee or by any person(s) whomsoever who may at any time be using, occupying or visiting the Grantee's property wherever located. Notwithstanding any provision to the contrary contained in this Agreement, at no time shall County be responsible or liable to Grantee or its representatives for any lost profits, lost economic opportunities, or any form of consequential damage as the result of any actual or alleged breach by County of its obligations under this Agreement. SECTION V TERM OF AGREEMENT This Agreement is effective on the Effective Date as stated above and shall remain in effect for twenty (20) years following project completion. The Agreement shall then expire on an agreed upon date by the parties or as otherwise determined by County in its sole discretion. County reserves the right to cancel or terminate this Agreement at any time without any additional obligation or liability. SECTION VI GRANTEE AUTHORIZED SIGNATURES Ed Shikada, City Manager has been authorized to execute this Agreement on behalf of the Grantee. SECTION VII NOTICES Any notices provided pursuant to this Agreement shall be sent by regular mail to the respective parties addressed as follows: COUNTY OF SANTA CLARA GRANTEE Don Rocha, Director Ed Shikada Parks and Recreation Department City Manager 298 Garden Hill Drive 250 Hamilton Ave, Palo Alto, CA 94301 Los Gatos, CA 95032 650-329-2280 Phone: (408) 355-2220 GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 8 of 18 Item 9: Staff Report Pg. 16 Packet Pg. 210 of 378 ease Agreement Item 9 Attachment A - First LAmendment to Lease SECTION VIII Agreement MISCELLANEOUS 1. Entire Agreement. This Agreement, including its attachments as referenced herein, contains the entire agreement by and between the Parties respecting the matters herein set forth and supersedes all prior agreements between the Parties hereto respecting such matters, if any, there being no other oral or written promises, conditions, representations, understandings, warranties or terms of any kind as conditions or inducements to the execution hereof and none have been relied upon by either Party. 2. Headings. Section headings shall not be used in construing this Agreement. 3. No Waiver. Except as herein expressly provided, no waiver by a Party of any breach of this Agreement by the other Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party whether or not the first party knows of such breach at the time it accepts such payment or performance. 4. Governing Law. This Agreement, and all the rights and duties of the Parties arising from or relating in any way to the subject matter of this Agreement contemplated by it, shall be governed by, construed and enforced in accordance with the laws of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including mediation or other alternative dispute resolution proceedings, shall be brought only in Santa Clara County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. 5. Written Modifications. No agreement, amendment, modification, understanding or waiver of or with respect to this Agreement or any term, provision, covenant or condition hereof, nor any approval or consent given under or with respect to this Agreement, shall be effective for any purpose unless agreed to in writing and signed by both Parties to this Agreement. 6. Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their successors and assigns. 7. Construction. This Agreement shall not be construed more strongly against either party regardless of who is more responsible for its preparation. 8. Illegality or Unenforceability. If any provision of this Agreement, or the application of it to any person or circumstances, shall to any extent be invalid, void or unenforceable, the remainder of this Agreement, or the application of this provision to any person or circumstances other than those as to which it is invalid, void or unenforceable, shall not be affected, and each GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 9 of 18 Item 9: Staff Report Pg. 17 Packet Pg. 211 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease provision of this Agreement shall be valid and enforceable to the fullest ext Agreement w except where such illegal, invalid, void or unenforceable provision is material o the Agreement in which case this Agreement shall be void. 9. Conflict of Interest. Grantee represents, warrants and agrees that it shall comply, and require its employees, agents, representatives, contractors, consultants, sub -consultants and subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination by County of this Agreement. 10. Funding Contingency. This Agreement is contingent upon the appropriation of sufficient funding by County for the obligations and responsibilities of County covered by this Agreement. If funding is reduced or deleted by the County for the obligations or responsibilities of County covered by this Agreement, then County may terminate this Agreement at its election without liability or obligation. 11. California Public Records Act. County is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Grantee's proprietary information is contained in documents submitted to County, and Grantee claims that such information falls within one or more CPRA exemptions, then Grantee must clearly mark such information "CONFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the event of a request for such information, County will use reasonable efforts to provide notice to Grantee prior to such disclosure. If Grantee contends that any documents are exempt from the CPRA and wishes to prevent County disclosure, Grantee is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before County responds to the CPRA request. If Grantee fails to obtain such remedy, Grantee will have forever waived its right to dispute the disclosure and County will disclose, at its election, the requested information even if marked "CONFIDENTIAL AND PROPRIETARY", in which case neither Grantee nor any third parties will have any right or claim against County for such disclosure. If County elects to not disclose the information or is precluded from disclosing the information because of a court order or other remedy obtained by Grantee or any Grantee representative, then Grantee represents, warrants and agrees that it will defend, indemnify and hold harmless the County for and against all claims, causes of action, liabilities, relief, injunctions, penalties, attorneys' fees, court costs, costs of litigation including discovery, settlement, and other remedies obtained or sought by any third party claiming such information should have or are required to be disclosed. 12. Relationship of Parties. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the Parties as joint venturers, partners, agents, a joint enterprise, employer -employee, lender -borrower or contractor. Grantee shall have no authority to employ any person as employee or agent on behalf of County for any purpose. Neither Grantee nor any person using or involved in or participating in any actions or GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 10 of 18 Item 9: Staff Report Pg. 18 Packet Pg. 212 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease inactions relating to this Agreement shall be deemed an employee or agent Agreement 11 any such person or entity represent himself, herself or itself to others as an employee or agent of County. 13. No Third Party Rights. The Parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement shall not be construed as nor deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action herein for any cause whatsoever. 14. Counterparts. This Agreement may be executed in several counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original. Facsimile or electronic signatures shall have the same legal effect as original or manual signatures. 15. Survival. Those provisions which by their nature should survive termination, cancellation or expiration of this Agreement, shall so survive. 16. Equal Opportunity/Non-Discrimination. No party contracting with the County will discriminate against any subcontractor, employee, or applicant for employment, because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. It is further the policy of the County that no party contracting with the County may discriminate in the provision of services under the contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. // // ////SIGNATURES FOLLOW ON NEXT PAGE\\\\ GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 11 of 18 Item 9: Staff Report Pg. 19 Packet Pg. 213 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease 17. Signatories. The undersigned signatories each represent and warrant th Agreement authorized to execute this Agreement for the party on whose behalf they are signing. IN WITNESS WHEREOF, the parties have executed this Historical Heritage Project Agreement as of the Effective Date as provided above. SIGNATORIES: CITY OF PALO ALTO DocuSigned by: El F2DCA19CCC8D4F9... ED SHIKADA City Manager APPROVED AS TO FORM DocuSigned by: Lt1►'a %u- 36C6B9D557AF4E3.. Sandra Lee City Attorney or designee COUNTY OF SANTA CLARA E �Doc/uSiSigned by: 21 E905DBD1084D7.. JEFFREY V. SMITH, M.D., J.D. County Executive APPROVED AS TO FORM & LEGALITY DocuSigned by: CBB7207010D449D. TONY LOPRESTI Deputy County Counsel 1/16/2020 Date 1/27/2020 Date GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 12 of 18 Item 9: Staff Report Pg. 20 Packet Pg. 214 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement ATTACHMENT A SCOPE OF WORK GENERAL PROJECT DESCRIPTION Restore and Repair the Original Tile Roof of the Historic Roth Building. ITEMIZED SCOPE OF WORK BEING FUNDED BY GRANT The Project Applicant shall: WORK TO BE PERFORMED Remove, repair and replace clay tiles. Replacement tiles, if needed, to be acquired from those salvaged from other Palo Alto -owned Birge Clark buildings or a compatible modern fabricator. All work will be performed to meet the terms of the Historical Heritage Project Agreement, and the Historical Heritage Grant Program Application and Procedures, including any and all revisions thereto. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 13 of 18 Item 9: Staff Report Pg. 21 Packet Pg. 215 of 378 ATTACHMENT B ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement ITEMIZED PROJECT BUDGET CORRESPONDING WITH ATTACHMENT A GRANTEE WORK TO BE CASH GRANT TOTAL PERFORMED CONTRIBUTION Remove, repair and replace $0 $102,992 $102,992 clay roof tiles. TOTAL PROJECT $0 $102,992 $102,992 AMOUNT GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 14 of 18 Item 9: Staff Report Pg. 22 Packet Pg. 216 of 378 ease Agreement Item 9 Attachment A - First LAmendment to Lease ATTACHMENT C Agreement CURRENT CERTIFICATE OF INSURANCE The Project Applicant shall provide evidence of meeting the insurance requirements as shown in the County's Insurance Exhibit attached. The Project Applicant shall attach an insurance certificate to the Project Agreement when submitting their signed Agreement to the County for execution. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Roth Building Clay Tile Roof Restoration Project Fiscal Year 2019 HISTORIC HERITAGE GRANT FUNDS Page 15 of 18 Item 9: Staff Report Pg. 23 Packet Pg. 217 of 378 Item 9 Attachment A - First ease Agreement JAmendment to Lease INSURANCE REQUIREMENTS FOR Agreement GRANT AGREEMENT Indemnity The Grantee shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Grantee and/or its agents, employees or sub -contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Grantee shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Grantee contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Insurance Without limiting the Grantee's indemnification of the County, the Grantee shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Grantee shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Grantee upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Grantee shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Grantee. B. qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A -V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. Item 9: Staff Report Pg. 24 Packet Pg. 218 of 378 ease Agreement Item 9 Attachment A - First Amendment to Lease D. Insurance Required Agreement 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $1,000,000 c. Products/Completed Operations aggregate - $1,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the additional insured endorsement as applicable and the Grantee shall be notified by the contracting department of these requirements. 4. Fidelity Bond Before receiving any reimbursement under this Agreement, Grantee will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount Item 9: Staff Report Pg. 25 Packet Pg. 219 of 378 Item 9 ease Agreement Attachment A - First Amendment to Lease of AT LEAST fifteen percent (15%) of the maximum fina Agreement the County cited herein. If such bond is canceled or reduced, Urantee will notify County immediately, and County may withhold further payment to Grantee until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. E. Special Provisions The following provisions shall apply to this Agreement: The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Grantee and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Grantee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Grantee. However, this shall not in any way limit liabilities assumed by the Grantee under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Grantees obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self- insurance retentions. Should any of the work under this Agreement be sublet, the Grantee shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Grantee may insure subcontractors under its own policies. Item 9: Staff Report Pg. 26 Packet Pg. 220 of 378 PAL Item 9 BIGAILTARVER ACOR0 CERTIFICATE OF LIABILITY INSURANC Atendmentto eFiast A10/TE 3/ 019YY) Amendment to Lease 10/3/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UF Agreement J HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tami O'Neill NAME: NFP Property & Casualty Services, Inc. PHONE FAX 160 West Santa Clara Street (A/C, No, Ext): (858) 677-9409 (A/C, No):(603) 875-1213 Suite 575 E-MAIL tami.oneill@nfp.com San Jose, CA 95113 NonDrofts' Insurance All INSURED Palo Alto History Museum P O Box 676 Palo Alto, CA 94302 INSURER F: Rf1VFRA(;FC (`FRTIFI(_ATF FIJI IMRI P- RFVICIAN MIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X 2019-22041 10/10/2019 10/10/2020 DAMAGE TRENTED PREMISES OEa occurrence $ 500,000 MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY '9I LOG PRODUCTS - COMP/OP AGO $ 2,000,000 LIQUOR $ 1,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY (Per person) $ ANY AUTO 2019-22041 10/10/2019 10/10/2020 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER 0TH - STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Directors & Officers 2019 -22041 -DO 10/10/2019 10/10/2020 Occur 1 M/ Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, are named Additional insured as respects to General Liability so long as a written contract or agreement to such exists with the named insured prior to a loss, per attached endorsement CG 20 26 04 13. (`FRTIFI(`ATF H(1I r1FR (`AN(`FI I ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County of Santa Clara THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Santa Clara County Clerk 70 W. Hedding San Jose, CA 95110 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The AC Item 9: Staff Report Pg. 27 Packet Pg. 221 of 378 POLICY NUMBER: 2019-22041 Named Insured: Palo Alto History Museum ease Agreement Item 9 Attachment A - First COMMEFI Amendment to Lease ABILITY Agreement 6 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Item 9: Staff Report Pg. 28 Packet Pg. 222 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C Nease Agreement Item 9 Attachment A - First Amendment to Lease Agreement HISTORIC GRANT PROGRAM FUNDING AGREE BY AND BETWEEN THE CITY OF PALO ALTO AND THE COUNTY OF SANTA CLARA This Funding Agreement ("Agreement") is made and entered into by and between the County of Santa Clara, a political subdivision of the State of California (hereinafter referred to as the "County") and the City of Palo Alto, a municipal corporation (hereinafter referred to as "Grantee"). County and Grantee are each a "Party" and collectively the "Parties" to this Agreement. RECITALS WHEREAS, Grantee signed and submitted a Historic Grant Program application ("Application") to the County requesting grant funding for Restoration of the Original Clay Tile Roof of the Historic Roth Building ("Project"), which is incorporated herein and made a part of this Agreement by this reference (Exhibit B). County materially relies upon the statements and documentation submitted by Grantee in said Application in its entirety and based upon this material reliance County is willing to enter into this Agreement with Grantee; WHEREAS, Grantee represents and warrants to County that Grantee, by itself and through its contractors and consultants, has experience, expertise, financial capability and ability to complete the Project contemplated herein and to fully perform all obligations and responsibilities under this Agreement to completion; WHEREAS, the Board of Supervisors, wishes to assist Grantee in completing the Project which serves as a capital improvement to the Historic Roth Building, home to the Palo Alto History Museum on a continuous uninterrupted basis for at least twenty (20) years (collectively, the "Public Purpose"); WHEREAS, the Board of Supervisors has approved the award of Grant Funds (as defined herein below) to Grantee provided Grantee complies with all terms and conditions of this Agreement and has found that the Project will serve a public purpose of general County interest as a capital improvement to the Historic Roth Building, home to the Palo Alto History Museum; and, WHEREAS, the award of the Grant Funds is contingent upon Grantee complying with all terms and conditions of this Agreement, which includes Grantee satisfying all of the Grant Scope/Cost Estimate Form representations contained in Appendix D (as amended) of Grantee's Application, which is included within Exhibit B herein below. Item 9: Staff Report Pg. 29 Packet Pg. 223 of 378 X DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C r N ease Agreement Item 9 Attachment A - First Amendment to Lease NOW, THEREFORE, in consideration of the mutual covenants a4 Agreement herein contained and other good and valuable consideration, the receipt and sutnclency o which are hereby acknowledge, County and Grantee agree to the foregoing and as follows: All Recitals contained herein above are incorporated into and made a part of this Agreement as terms and conditions. Grantee may utilize the Grant Funds specified in Section 4 of this Agreement to complete the Project within three years from the Effective Date of this Agreement and shall return any unspent funds at the end of this three-year period to County. Grantee warrants and represents that it shall expend all Grant Funds in accordance with the terms of this Agreement and the Historic Grant Program Procedural Guide ("Guide") (Exhibit A) attached and incorporated herein by this reference. In the event that there are any inconsistencies between the Agreement and the Guide, the provisions of this Agreement shall control. 4. Grantee shall acknowledge County's contribution to the Project in accordance with the requirements of the Guide; the acknowledgement shall first be reviewed and approved by County before it is installed or displayed. SECTION 1. PUBLIC PURPOSES If applicable, Grantee represents and warrants that it will use best efforts to secure all the requisite rights and entitlements from public agencies, local government, and the property owner (if any) to carry out the Project. Grantee further represents and warrants that it will ensure that at all times applicable to the Project, it will be open and available to the public on an equal basis, and accessible by all members of the public. SECTION 2. GRANTEE RESPONSIBILITIES County funding is subject to the following conditions, as applicable to the Project: (1) Responsibilities of Grantee. Grantee shall ensure that the Project is completed and operated in compliance with all requirements of the Guide. The Project shall be fully completed and operational within three years from the date of execution of this Agreement. Grantee shall act promptly and without delay with respect to such matters in relation to the Project in accordance with the following (as applicable to the Project): a. Comply with all laws and Guide requirements, including but not limited to all environmental, health, and safety laws and all provisions of the California Public Contracts Code and Labor Code. b. Comply with best industry practices and manufacturer design and construction specifications. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 2 of 16 Item 9: Staff Report Pg. 30 Packet Pg. 224 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C ease Agreement Item 9 Attachment A - First c. Prepare plans and specifications and construction of the Pro Amendment to Lease qualified persons with the requisite skills and expertise to complete the ProjL. Agreement d. Prepare all environmental documents required for completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder, where applicable. No funds will be dispersed until these environmental requirements have been fully met. e. Secure all approvals, permits, and certifications by government agencies required for completion of the Project f. Secure performance and payment bonds in 100% of the amount of any construction contract to assure satisfactory completion of the Project, and the payment of laborers and suppliers of material. g. Each year, during completion of the Project, Grantee shall cause a report to be made to the County Board of Supervisors showing progress made towards completion of the Project. (2) Capital Contributions by Parties to Agreement a. Grantee shall ensure that any funds in excess of the Grant Funds needed to completethe Project are secured by Grantee and not by County. b. No Grant Funds may be used for office space, salary, or administrative expenses incidental to the Project. (3) Budget Contingency. Performance and/or payment by County pursuant to this Agreement is contingent upon the appropriation of sufficient funds by County for the work covered by this Agreement. If funding is reduced or eliminated by County for the work covered by this Agreement, the County may, at its option and without penalty or liability, terminate this Agreement or offer an amendment to this Agreement indicating the reduced amount. County is under no obligation to fund the Project. SECTION 3. OPERATION AND MAINTENANCE Upon completion of Project, Grantee warrants, represents, and agrees that it, or its authorized representatives, will operate, manage, and maintain the Project for a period of at least twenty (20) consecutive years from the effective date of this Agreement, for Public purposes, open to the public and for the benefit of the general public. Ongoing operation, management, and maintenance is solely the responsibility of the Grantee acting by itself or through its authorized representatives. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 3 of 16 Item 9: Staff Report Pg. 31 Packet Pg. 225 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C SECTION 4. COMPENSATION ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement (1) County shall provide Grantee Two Hundred Thousand Dollars ($200,000) ("Grant Funds") only in accordance with the reimbursement provisions of the Guide. Grantee shall thoroughly review and develop an understanding of the obligations set out in the Guide, including but not limited to the "Reimbursements" and "Final Reimbursement" sections. The Compensation in this Agreement shall be subject to the Budget Contingency in Section 2, paragraph 3. (2) If the amount of compensation in Section 4.1 of this Agreement varies from the Project budget identified in Appendix D of the Application, then a revised grant scope and cost estimate form shall be attached hereto as "Amended Appendix D" and "Amended Appendix E" to Exhibit B. Amended Appendix D shall set forth the grant scope and cost estimate based on the Grant Funds awarded. Amended Appendix D and Amended Appendix E shall replace Appendix D and Appendix E to Exhibit B. (3) Any Grant Funds not expended pursuant to the terms and conditions of this Agreement shall be returned to County immediately. In addition, if, for whatever reason, the Grantee is unable to ensure the completion of the Project or is unable to ensure that the Project is carried out, operated, managed, or maintained for the time period specified in this Agreement, Grantee shall immediately refund to the County all the Grant Funds, even if some or all of such Grant Funds have already been expended for the Project. (4) At the sole discretion of the County, advance funding may be provided in accordance with the terms of the Guide. SECTION 5. RECORDS RETENTION AND AUDIT (1) Grantee shall maintain Project records for audit purposes for three (3) years after completion of the Project or until all claims are settled, whichever occurs last. All records and data shall be available to County upon reasonable notice within five (5) working days of a request by County. Grantee shall repay County with interest at the rate earned on County investments for any unauthorized activities disclosed by audit or inspection, including the cost of the audit, within thirty (30) calendar days of demand by County. (2) Audits may be conducted at the discretion of the Santa Clara County Parks and Recreation Department ("Department"). The audits may take two forms; a walk-through inspection of the Project premises, if any, and informal review of the Project records by Department staff, and/or a formal financial audit conducted by either County staff or a consultant. Grantee shall be prepared for either or both types of audits. A walk-through inspection may occur at the beginning of a Project, prior to approval of the final reimbursement request, or at periodic intervals throughout the Project. A formal financial audit may occur as deemed necessary by the Department. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 4 of 16 Item 9: Staff Report Pg. 32 Packet Pg. 226 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C N ease Agreement Item 9 Attachment A - First Amendment to Lease SECTION 6. INDEMNIFICATION. Agreement Grantee covenants, warrants, represents, and agrees that it shall indemnify, defend, save, and hold harmless the County and all of its employees, officers, directors, attorneys, agents, contractors, successors, and assigns in accordance with the indemnification provision of Exhibit C, which is incorporated herein and made a part of this Agreement by this reference. SECTION 7. TERM OF AGREEMENT This Agreement is effective as of the date of its full execution and shall terminate three (3) years following date of full execution, unless otherwise terminated earlier pursuant to the terms of this Agreement. SECTION 8. NOTICES Any notices provided herein shall be deemed received when mailed or delivered to the respective parties addressed as follows: County of Santa Clara City of Palo Alto Director Ed Shikada County of Santa Clara Parks and City Manager Recreation Department City of Palo Alto 298 Garden Hill Drive 250 Hamilton Los Gatos, CA 95032 Palo Alto, CA 94301 Phone: (408) 355-2220 Phone: 650 329-2634 SECTION 9. MISCELLANEOUS (1) Entire Agreement. This document represents the entire agreement between the parties in relation to the subject matter contained herein. All prior negotiations and written and/or oral agreements between the Parties with respect to the subject matter of the Agreement are merged into this Agreement. (2) Amendments. This Agreement may only be amended by a written instrument signed by authorized representatives of both parties. (3) Conflict of Interest. Grantee shall comply, and require its contractors, employees, agents, representatives, subcontractors and consultants to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the FairPolitical Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the County. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 5 of 16 Item 9: Staff Report Pg. 33 Packet Pg. 227 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C ease Agreement Item 9 Attachment A - First Amendment to Lease A t a. In accepting this Agreement, Grantee covenants, warrants, r greemen agrees 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 this Agreement. Grantee further covenants that, in the performance of this Agreement, it will not employ any contractor, consultant or person having such an interest. Grantee, including but not limited to Grantee's employees, contractors, subcontractors and consultants, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the "Act"), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. b. If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations including, as required, filing of Statements of Economic Interests within 30 days of commencing any work pursuant to this Agreement, annually by April 1, and within 30 days of their termination or cessation of work pursuant to this Agreement. (4) Governing Law, Venue. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed, and enforced in accordance with the law of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. (5) Assignment. No assignment of this Agreement or of any of the rights or obligations hereunder shall be valid without the prior written consent of the County. (6) Waiver. No delay or omission by either Party hereto to exercise any right occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. (7) Non -Discrimination. Grantee represents, warrants, and agrees that it and its contractors, consultants, and representatives shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 6 of 16 Item 9: Staff Report Pg. 34 Packet Pg. 228 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C r N ease Agreement Item 9 Attachment A - First Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 an Amendment to Lease Fair Employment and Housing Act (Government Code sections 12900 et seq.,, ui um Agreement is Labor Code sections 1101 and 1102. Grantee represents, warrants, and agrees that it shall not discriminate against any contractor, subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Grantee also represents, warrants, and agrees that it shall not discriminate in provision of work performed in relation to this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. 0 County No -Smoking Policy. Grantee and its employees, agents, contractors, subcontractors and consultants, shall comply with the County's No -Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County -owned and operated health facilities, (2) within 30 feet surrounding County- owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles. (9) Food and Beverage Standards. Except in the event of an emergency or medical necessity, County's nutritional standards shall apply to any foods and/or beverages purchased by Grantee with Grant Funds for County -sponsored meetings or events. (10) California Public Records Act. All documents and records provided to or made available to County under this Agreement become the property of the County, which is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Grantee proprietary information is contained in documents submitted to County, and Grantee claims that such information falls within one or more CPRA exemptions, Grantee must clearly mark such information "CONFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the event of a request for such information, County will make reasonable efforts to provide notice to Grantee prior to such disclosure. If Grantee contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara county before the County responds to the CPRA request. If Grantee fails to obtain such a remedy before County responds to the CPRA request, County may disclose the requested information and shall not be liable or responsible for such disclosure. Grantee further warrants, represents, and agrees that it shall defend, indemnify, and hold County harmless against any and all claims, actions or litigation (including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial by County of a CPRA request for any information arising from any representation, or any action (or inaction), by the Grantee, its contractors, consultants, employees, agents, or representatives. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 7 of 16 Item 9: Staff Report Pg. 35 Packet Pg. 229 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C ease Agreement Item 9 Attachment A - First (11) No Third -Party Beneficiaries. This Agreement does not, and i Amendment to Lease confer any rights or remedies upon any person or entity other than the Parti Agreement Agreement. Subcontractors, sponsors, and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third -party beneficiaries of or to this Agreement. (12) Relationship of the Parties. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer -employee, or lender -borrower. Grantee shall have no authority to employ any person as employee or agent on behalf of County for any purpose. Neither Grantee nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of County, nor shall any such person represent himself or herself to others as a third party beneficiary to this Agreement or as an employee or agent of County. (13) No Indemnification and Insurance by County. Nothing contained in this Agreement is to be construed as an indemnification by County for any loss, damage, injury or death arising out of or caused, in whole or in part, by the County or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the County to provide any insurance, indemnity or protection for or on behalf of any third party, the Project or the property owner. (14) Subcontractors. If any obligation is performed for or on behalf of Grantee through a consultant, contractor or subcontractor, Grantee shall remain fully responsible for the performance of all obligations under this Agreement and Grantee shall be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract, or other agreement entered into by Grantee with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds, shall provide for any indemnity, guarantee, or assumption of liability by, or other obligation of, County with respect to such arrangement. No contractor, consultant, or subcontractor will be deemed a third party beneficiary for any purposes under or to this Agreement. (15) Nonexclusive Agreement. Grantee agrees that this Agreement is non-exclusive and County may at any time, in its sole discretion, enter into agreements with other parties for any purpose deemed to bein the best interest of the County. (16) Paragraph Headings. The headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand, or otherwise affect the construction or interpretation of this Agreement. (17) Cumulative Remedies. The rights and remedies of the Parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 8 of 16 Item 9: Staff Report Pg. 36 Packet Pg. 230 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C r N ease Agreement Item 9 Attachment A - First (18) Counterparts and Electronic Signatures. This Agreement ma Amendment to Lease any number of counterparts, and all of such counterparts so executed toget Agrent deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original provided all of the Parties have fully executed the Agreement. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by the County. (19) Construction/Severability. This Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable. (20) Authority. Each Party represents and warrants that it has executed this Agreement freely, fully intending to be bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each Party's behalf. (21) Office of Foreign Assets Control Compliance. Grantee represents to County that: (a) Grantee and each of the Grantee Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person," or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) Grantee, and the Grantee Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation. (22) County Regulatory Authority. Grantee acknowledges and agrees that County, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the County to exercise or refrain from exercising this discretionary governmental authority in any particular manner. (23) Bribery Clause. Grantee certifies, represents, and warrants that Grantee and the Grantee Representatives have not been convicted of bribery or attempting to bribe an officer or employee of County or any other municipality or state entity nor has Grantee or any of the Grantee Representatives made an admission of guilt of such conduct which is a matter of record. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 9 of 16 Item 9: Staff Report Pg. 37 Packet Pg. 231 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C N ease Agreement Item 9 Attachment A - First Amendment to Lease (24) Wage Theft Prevention. Agreement a. Compliance with Wage and Hour Laws. Grantee, and any the Grantee Representatives it employs or contracts with to complete work under this Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance. b. Final Judgments, Decisions, and Orders. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted. Relevant investigatory government agencies include: the Federal Department of Labor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws. c. Prior Judgments against Grantee. By signing this Agreement, grantee affirms that it has disclosed any final judgments, decisions, or orders from a court or investigatory government agency finding —in the five years prior to executing this Agreement —that Grantee has violated any applicable wage and hour laws. Grantee further affirms that it has satisfied and complied with —or has reached agreement with the County regarding the manner in which it will satisfy —any such judgments, decisions, or orders. d. Judgments During Term of Contract. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that Grantee or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Grantee learns of such a judgment, decision, or order that was not previously disclosed, Grantee must inform the Office of the County Executive -Office of Countywide Contracting Management (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. Grantee and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive-OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. County reserves the right to require Grantee to enter into an agreement with the County regarding the manner in which any such final judgment, decision, or order will be satisfied. e. County's Right to Withhold Payment. Where Grantee has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the County reserves the right to withhold payment to Grantee until such judgment, decision, or order has been satisfied in full. f. Material Breach. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for termination of this Agreement and/or any other remedies available under this Agreement and/or law. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 10 of 16 Item 9: Staff Report Pg. 38 Packet Pg. 232 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C N ease Agreement Item 9 Attachment A - First Amendment to Lease g. Notice to County Related to Wage Theft Prevention. Notice Agreement Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th Floor; San Jose, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. (25) Prevailing Wage. Grantee acknowledges and agrees that work performed under this Agreement may be considered a public work within the meaning of California Labor Code Section 1720 and that the requirements of Section 1771, et. seq. apply to such public work. Grantee has included (and will include) consideration for this obligation in calculating compensation under this Agreement, if such prevailing wage requirements are applicable. Grantee is solely responsible and liable for ensuring compliance with all applicable prevailing wage laws. County may at any time, without obligation to do so, audit Grantee to verify whether Grantee is in compliance with prevailing wage laws. Grantee shall cooperate with all such audits, including making available and providing copies, during the period 9:00 a.m. to 5:00 p.m., Monday through Friday, any and all records requested by County to verify compliance promptly upon request, but not later than seventy-two hours after such request. (26) Insurance. Grantee shall provide insurance and comply with all insurance and other terms and conditions set out in the attached Exhibit C. (27) Intellectual Property. Grantee acknowledges, represents, warrants, and agrees that Grantee owns and holds the full rights to any and all images, paintings, art work, photographs, depictions, videos, other digital representations and other intellectual property (the "Intellectual Property") that Grantee produces, creates, generates, uses or provides as a part of the Project, and Grantee does hereby assign, transfer and grant to the County of Santa Clara the non- exclusive, non -revocable, perpetual, worldwide license to use the Intellectual Property for any County purpose, including but not limited to the right to post, reproduce, market, print, copy, use in any form and in social media or the internet, use in any marketing or advertising, display, publicly perform, publish, broadcast, distribute, combine or distribute the Intellectual Property or any of the intellectual property rights contained therein for County's sole use, excluding the right to sell, transfer or assign any of the Intellectual Property. Grantee further waives any right it may have to inspect, view, or approve any of the uses made of the Intellectual Property. Grantee hereby forever releases, discharges, and agrees to save and hold harmless County, its employees, agents, representatives and Board of Supervisors, from, for and against any and all liabilities, claims, causes of action, allegations and lawsuits that are made or threatened to be made in relation to any use made of any of the Intellectual Property, including but not limited to any blurring, distortion, alteration, optical illusion or use in composite or edited form, whether intentional or otherwise, that may occur or be produced in the use of any of the Intellectual Property or the processing of the Intellectual Property. Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 11 of 16 Item 9: Staff Report Pg. 39 Packet Pg. 233 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement (28) Exhibits. The following exhibits are attached to this Agreement and are incorporated herein by this reference. Exhibit A — Historic Grant Program Procedural Guide Exhibit B — Grant Application Exhibit C — Insurance Requirements and Proof of Insurance (29) Survival. All terms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections 1, 2, 3, 5, 6, 8, and 9 inclusive. ////SIGNA TURES FOLLOW ON NEXT PA GE//// Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 12 of 16 Item 9: Staff Report Pg. 40 Packet Pg. 234 of 378 DocuSign Envelope ID: CCA4B5B7-EA90-4A7C-945D-F1A422F6563C ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties ("Effective Date"). Grantee: DocuSigned by: r,a an1 aaa, City Manager City of Palo Alto 1/25/2022 Dated: Approved as to form: DocuSigned by: Ti�u c Hav341 9Eoo- ---45aFo- Chief Assistant City Attorney City of Palo Alto COUNTY OF SANTA CLARA: DocuSigned by: 5A88A4DA83DF41 D... Sylvia (iallegos Deputy County Executive Date: 1/27/2022 Approved as to form and legality: DocuSigned by: t�jaLlot {A. vlsst yV 596FC53D3A524D8... r,nzaoetn v issers Deputy County Counsel Historic Grant Agreement (Program One -Round 1) CAPITAL By and between the City of Palo Alto and the County of Santa Clara for the `Restoration of the Original Clay Tile Roof of the Historic Roth Building' Project Page 13 of 16 Item 9: Staff Report Pg. 41 Packet Pg. 235 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement GRANT FUNDING AGREEMENT Between the County of Santa Clara and the City of Palo Alto for Restoration and Repair of the Roth Building Elevator (Fiscal Year 2022 Historic Heritage Grant Funds, $350,000) This Grant Funding Agreement ("Agreement") is made and entered into as of the last date signed below by all parties ("Effective Date") by and between the County of Santa Clara, a political subdivision of the State of California ("County"), and the City of Palo Alto, a California municipality, with its primary offices located at 250 Hamilton Ave, Palo Alto, CA 94301 ("Grantee"). County and Grantee shall sometimes be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Grantee submitted an application to the County's Historical Heritage Commission ("Historical Heritage Commission" or "Commission") for funding of the Restoration and Repair of the Roth Building Elevator ("Project") located at 300 Homer Avenue, Palo Alto, CA 94301; WHEREAS, the Project includes the restoration and repair of the Roth Building's 1940's Otis Elevator, as more fully described in Attachment A "Scope of Work and Itemized Project Budget" incorporated and made a part of this Agreement by reference herein; WHEREAS, the Historical Heritage Commission, on April 21, 2022, reviewed the merits of the Grantee's application and forwarded its recommendation to the Board of Supervisors that it approve the allocation of $350,000 (Three -hundred fifty thousand dollars) from the Fiscal Year 2022 Historical Heritage Park Charter Development Funds to assist the Grantee with the Project; WHEREAS, the Board of Supervisors reviewed the information provided in support of the Project and found that the Project meets the requirements for use of Park Charter Development funds in Section 604 (b) of the County Charter; and, WHEREAS, the Board of Supervisors on June 7, 2022, reviewed and approved the recommendation of the Historical Heritage Commission to allocate $350,000 ("Grant") to assist with the Project, which will acknowledge, preserve, and commemorate the historical and cultural heritage of the Santa Clara Valley. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein, County and Grantee agree to the foregoing and as follows: GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 1 of 24 Item 9: Staff Report Pg. 42 Packet Pg. 236 of 378 X DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E SECTION I. GRANTEE RESPONSIBILITIES ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement The County and Grantee agree that the foregoing recitals of the Agreement are the basis for and incorporated into and made a part of this Agreement as terms and conditions. The County and Grantee further agree that County funding is subject to the following conditions: A. General. Grantee, at Grantee's sole cost and expense, shall perform or cause to be performed the Scope of Work described in Attachment A, and the Grantee shall act promptly and without delay with respect to such matters in relation to the Project. In performing the Project, the Grantee agrees to the following terms and conditions. (1) Approvals. (a) Grantee shall prepare all environmental documents and take all other actions required for approval and completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder and any other applicable laws. (b) Grantee shall secure all required approvals, including approvals from government agencies required for completion of the Project. (c) Grantee warrants, represents, and agrees that, except where otherwise expressly prohibited by state or federal law, Grantee, as the applicant for any discretionary land use permit, development permit, license, authorization, entitlement, or other approval from County, will defend, indemnify, and hold harmless County and its officers, agents, employees, boards and commissions from, for and against any claim, action or proceeding brought by any person or entity ("third party") other than the Grantee against County or its officers, agents, employees, boards, or commissions that arises from or is in any way related to the approval, including but not limited to claims, actions, or proceedings to attack, set aside, void, or annul the approval. County has the right to participate in the defense of any claim, action, or proceeding. This indemnity shall not apply to the gross negligence or willful misconduct of County, or of its agents, officers, employees, boards, or commissions. (2) Acknowledgements. (a) Grantee shall publicly acknowledge the Grant by providing a plaque permanently affixed to the building exterior, or on a prominent location on the Project site, visible to the public. The acknowledgement credit shall read: "Restoration made possible in part by a grant from the County of Santa Clara GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 2 of 24 Item 9: Staff Report Pg. 43 Packet Pg. 237 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E B. ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement Parks and Recreation Department's Historical Heritage Grant Program." Grantee shall obtain County Parks and Recreation Department review and approval of the plaque or sign prior to manufacture and installation. (b) Grantee shall publicly acknowledge the Grant by giving credit to County in project -related materials including newsletters, brochures, and internet messages. (3) Reports and Documentation. (a) Grantee shall submit a bi-annual written project accomplishment report for the Project to the County Parks and Recreation Department no later than November 1 and May 1 of each year, until the Project is completed and reimbursement received. (b) Grantee shall provide any documentation the Historical Heritage Commission requests regarding the Project. This includes, but is not limited to, documents before construction work begins in order to ensure that the proposed Project is consistent with the United States Secretary of the Interior's standards for rehabilitation, preservation, and restoration of historic properties. (c) Grantee shall make a presentation at a regularly scheduled Historical Heritage Commission meeting discussing the completed Project within three (3) months of Project completion. The Grantee shall print and distribute the same photos that were submitted with the final reimbursement request to the Commission members at the presentation. County Parks and Recreation Department Staff will facilitate the scheduling of the presentation. (4) Additional Conditions for Artwork Restoration (a) If the Scope of Work involves the restoration or alteration of an artwork, mural, or other original work of authorship within the meaning of 17 U.S.C. § 102, Grantee shall obtain a License from the owner of the copyright to the work prior to requesting funding. This License must grant the right to (1) reproduce the copyrighted work; (2) prepare derivative works based upon the copyrighted work; (3) distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; and (4) display the copyrighted work publicly. As a condition of the Agreement, Grantee must assign its license to the County. Capital Contributions. (1) Grantee shall expend the Grant exclusively for third -party expenses arising from services, permits, fees, labor, materials, and equipment required for the Scope of GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 3 of 24 Item 9: Staff Report Pg. 44 Packet Pg. 238 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement Work and Itemized Project Budget specified in Attachment A for completion of the Project. No contribution made by County shall be used for Grantee's internal salary or administrative expenses, including office overhead or expenses. (2) Grantee shall successfully demonstrate expenditure of Grantee's cash contribution funds to County's satisfaction prior to reimbursement through the Grant. Additional funds needed to complete the Project shall be identified in Attachment A, Scope of Work and Itemized Project Budget. (3) County recognizes that the Itemized Project Budget identified in Attachment A is an estimate and may include a contingency. To the extent that costs qualifying for reimbursement through the Grant vary from this budget, the following provisions apply: (a) For work to be performed that is funded by both Grantee and County as reflected in Attachment A, if Grantee's Cash Contribution for any itemized work to be performed is reduced, then the Grant contribution shall be reduced by the same percentage; (b) Adjustments may be made in the costs associated with Project elements to reflect actual costs, however material changes (even if there is minor or no change in cost) that will affect the restoration or preservation of a historical element, or changes that would necessitate County funding of a non - preservation element that the Grantee was financing with other funds, must be approved by the Historical Heritage Commission. The Commission shall have sole discretion whether to approve or disapprove such adjustments. (c) Grantee is solely responsible for expenditures that may exceed the Grant amount. C. Prevailing Wages. The Project is a public work within the meaning of Labor Code Section 1720, to which the provisions of Labor Code Section 1770 et seq. apply. Grantee shall comply with all of the applicable provisions of the Labor Code, including, but not limited to, payment of prevailing wages. The Grantee shall include prevailing wage requirements in all agreements with third parties for work or services needed to complete the Project. Grantee is hereby notified that prevailing wage must meet the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, as specified by the Director of Industrial Relations. Grantee are further notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Further information on Compliance Monitoring Unit requirements can be found at https://www.dir.ca.gov/dlse/cmu/cmu.html. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 4 of 24 Item 9: Staff Report Pg. 45 Packet Pg. 239 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement The Labor Code requires Grantee's compliance with the Department of Industrial Relations (DIR) electronic certified payroll reporting (eCPR) requirements which took effect on January 1, 2016. No contract can be awarded unless the public works project has been registered with the Department of Industrial Relations. Subcontractors used on the project must also comply. Additional information is available at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Grantee agrees to comply with all related provisions of the Labor Code, including but not limited to, the provisions of Labor Code Section 1775 relating to the payment of prevailing wages, Section 1777.5 relating to the employment of apprentices, and Section 1811-1813 relating to the payment of Overtime and provisions pertaining to eCPR compliance. D. Project Conformance with the Secretary of the Interior's Standards. The Project and the property upon which the Project is located shall at all times conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties. Should Grantee's implementation of the Scope of Work fail to conform to the Secretary of the Interior's Standards, the County may, at its sole discretion, withhold reimbursement until Grantee cures the issue. E. Term of Agreement. (1) This Agreement is effective on the Effective Date as stated above and shall remain in effect for three (3) years from the Effective Date ("Term"). If the Project is completed before the expiration of the Term, the Agreement shall then expire on an agreed upon date by the parties or as otherwise determined by County in its sole discretion. (2) Grantee shall complete the Project and demonstrate the Project to be fully usable within the Term. County may, at its sole discretion, approve an extension for demonstrated delays not within the control of Grantee. The Grantee must request the extension in writing no later than three (3) months prior to the expiration of the Term. (3) If Grantee fails to complete the Project within the required timeframe and does not receive an extension pursuant to this section, or if the Project does not conform to the Scope of Work in Attachment A, the Grantee shall return all awarded Grant funds to the County. The County may, at its sole discretion, agree in writing to accept a partially completed Project or a Project that does not conform to the Scope of Work. F. Operation and Maintenance. Upon completion of the Project, the Grantee represents and warrants that it shall open the property upon which the Project is located to the public, and continuously operate and maintain the property and the Project for the benefit of the public for a period of at least twenty (20) years. Grantee shall GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 5 of 24 Item 9: Staff Report Pg. 46 Packet Pg. 240 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement maintain the property in good operating condition during this period of time. Grantee shall be solely responsible for ongoing maintenance and operation. G. Termination The County may, upon written notice to Grantee, terminate all or part of this Agreement at any time for County's convenience. Upon receipt of such notice, Grantee must immediately cease all work on the date and in the manner specified in the notice. Upon termination, County shall reimburse Grantee for eligible costs incurred pursuant to Section II of this Agreement. County is under no obligation to reimburse for work not yet completed or work that does not conform to the approved Scope of Work and Itemized Project Budget. SECTION II. COMPENSATION AND REIMBURSEMENT A. Reimbursement Amount. County shall reimburse the Grantee in an amount not to exceed the maximum Grant amount of $350,000 for eligible costs. County's obligation to pay is expressly conditioned upon the Grantee's demonstrated compliance with all of the terms and conditions of this Agreement and the availability of Grant funds. B. Reimbursement Requirements. (1) Grant funds shall be issued on a reimbursement basis only. No advanced funds shall be issued. Grantee shall keep accurate accounting records of all Project expenditures. Reimbursement shall be limited to expenditures for work approved in the Scope of Work and Itemized Project Budget (Attachment A). Expenditures shall be incurred during the Term. (2) Reimbursement requests may be submitted at Grantee's convenience but shall not exceed one request per quarter, and the Project shall have accrued at least $1,000 in claimable expenditures during that quarter. Grantees must provide the following: (a) HHGP Payment Request Form completed and signed by the authorized representative. (b) HHGP Project Expenditure Worksheet which clearly shows the relationship between expenditures and the grant scope of work deliverables in the grant funding agreement. (c) Itemized invoice(s) demonstrating expenditure of eligible costs. All Project invoices must be directed to the Grantee. (d) Evidence that all invoices have been paid. For example, a clear copy of both sides of a check or warrant issued to pay said invoices, or a receipt evidencing such payment. Bank account statements will not be accepted. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 6 of 24 Item 9: Staff Report Pg. 47 Packet Pg. 241 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E C. ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement (e) Project Accomplishment Report that may include photos and construction inspection reports as applicable. (3) If Grantee is providing cash contribution funds, such funds shall be utilized before requests for reimbursement are made for HHGP funds. Documentation substantiating the expenditure of Grantee's cash contribution funds must be provided with the first reimbursement request. (4) If a reimbursement request is incomplete, County may, at its sole discretion, pay that part of the reimbursement request that is complete or decline payment until the reimbursement request is complete. If the reimbursement request is satisfactory, the County shall endeavor to provide payment to the grantee within sixty (60) days of a complete submittal. (5) Upon Project completion, the Grantee shall submit a final reimbursement request that includes all the items required in a standard reimbursement request and at least four photographs of the completed project and additional photographs of the permanently installed HHGP funding acknowledgement sign. (6) Final reimbursement requests shall be submitted at least sixty (60) days prior to the expiration of this Agreement. It is the responsibility of the Grantee to be knowledgeable of the Agreement expiration date, to ensure timely completion of the Project and take all required steps to ensure receipt of reimbursement funds. Project Records, County Audit and Inspection. (1) Grantee shall be responsible for maintaining fiscal controls and fund accounting procedures that show the following: (a) The disposition of the proceeds of Grant funds provided to Grantee; (b) The total costs of the Project; (c) The amount and nature of that portion of the Project cost supplied by other sources; and, (d) Any other records and controls that will facilitate an effective audit. (2) The fiscal controls and accounting procedures used to record Project costs and fund receipts shall be based on generally accepted accounting standards and principles. Grantee shall maintain Project records (including paper and electronic media, as appropriate) showing compliance with all aspects of this Agreement for three (3) years after completion of the Project or until all claims are settled, whichever occurs last. All Project records shall be available to County within five (5) working GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 7 of 24 Item 9: Staff Report Pg. 48 Packet Pg. 242 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement days of County's reasonable notice. If the County determines that the Grantee used the Grant for ineligible costs, or other terms of the Agreement were breached, County may take any action permitted by law and any authorized actions under this Agreement and require Grantee to repay the Grant, with interest at the rate earned on County's investments, and the cost of the audit. (3) In addition to an audit of Project Records, Grantee shall provide consent to County to access the Project during business hours any time during construction, and, following completion of the Project, during business hours following reasonable notice by County. SECTION III. INDEMNIFICATION Grantee covenants, warrants, represents, and agrees that it shall indemnify, defend, save, and hold harmless the County and all of its employees, officers, directors, attorneys, agents, contractors, successors and assigns in accordance with the indemnification provisions of Exhibit C, which is incorporated herein and made a part of this Agreement by this reference. SECTION IV. NOTICES Any notices provided pursuant to this Agreement shall be sent by regular mail to the respective parties addressed as follows: COUNTY OF SANTA CLARA GRANTEE Director d Shikada, City Manager Parks and Recreation Department City of Palo Alto 298 Garden Hill Drive 250 Hamilton Ave Los Gatos, CA 95032Palo Alto, CA 94301 Phone: (408) 355-2220 650-329-2280 SECTION V. MISCELLANEOUS A. Entire Agreement. This document represents the entire agreement between the Parties in relation to the subject matter contained herein. All prior negotiations and written and/or oral agreements between the Parties with respect to the subject matter of the Agreement are merged into this Agreement. B. Amendments. This Agreement may only be amended by a written instrument signed by authorized representatives of both Parties. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 8 of 24 Item 9: Staff Report Pg. 49 Packet Pg. 243 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E C. Conflict of Interest. ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement (1) Grantee shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by County. (2) In accepting this Agreement, Grantee 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 this Agreement. Grantee further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest. Grantee subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the "Act"), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. (3) If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall, upon execution of this Agreement, provide County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to Grantee's employees, agents and subcontractors, who could be substantively involved in "mak[ing] a governmental decision" or "serv[ing] in a staff capacity" and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Grantee's service to County under this Agreement. Grantee shall immediately notify County of the names and email addresses of any additional individuals later assigned to provide such service to County under this Agreement in such a capacity. Grantee shall immediately notify County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to County. (4) If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall ensure that all GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 9 of 24 Item 9: Staff Report Pg. 50 Packet Pg. 244 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations, including but not limited to those listed in subpart (ii) of the first sentence of this Section VLC including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement. D. Governing Law, Venue. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed, and enforced in accordance with the law of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. E. Assignment. No assignment of this Agreement or of any of the rights or obligations hereunder shall be valid without the prior written consent of County. F. Waiver. No delay or omission by either Party hereto to exercise any right occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. G. Compliance with All Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention. (1) Grantee shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, "Laws"), including but not limited to the non-discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (2) Grantee shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 10 of 24 Item 9: Staff Report Pg. 51 Packet Pg. 245 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement following: Santa Clara County's policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Grantee shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Grantee discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (3) Grantee shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws. (4) For purposes of this Section V.G, the following definitions shall apply. A "Final Judgment" shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual's sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose's Office of Equality Assurance. (5) By signing this Agreement, Grantee affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 11 of 24 Item 9: Staff Report Pg. 52 Packet Pg. 246 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Grantee violated an applicable wage and hour law or pay equity law. Grantee further affirms that it has satisfied and complied with — or has reached Agreement with the County regarding the manner in which it will satisfy — any such final judgments. (6) If at any time during the term of this Agreement, Grantee receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Grantee shall promptly satisfy and comply with any such Final Judgment. Grantee shall inform the Office of the County Executive -Office of Countywide Contracting Management (OCCM)of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. Grantee shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San Jose, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph. (7) In addition to and notwithstanding any other provision of this Agreement concerning access to Grantee's records, Grantee shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County's request, Grantee shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Section V.G, except where prohibited by federal or state laws, regulations or rules. County's access to such records and facilities shall be permitted at any time during Grantee's normal business hours upon no less than 10 business days' advance notice. (8) Grantee shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to Grantee for a job in California (collectively, "Employees and Job Applicants") with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Grantee's Employees and Job Applicants. (9) Material Breach: Failure to comply with any part of this section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions: GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 12 of 24 Item 9: Staff Report Pg. 53 Packet Pg. 247 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement (a) Suspend or terminate any or all parts of this Agreement. (b) Withhold payment to Grantee until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law. (c) Offer Grantee an opportunity to cure the breach. (10) Grantee shall impose all of the requirements set forth in this Section V.G on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment. H. County No -Smoking Policy. Grantee and its employees, agents, contractors, subcontractors and consultants, shall comply with the County's No -Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County -owned and operated health facilities, (2) within 30 feet surrounding County- owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles. I. Food and Beverage Standards. Except in the event of an emergency or medical necessity, County's nutritional standards shall apply to any foods and/or beverages purchased by Grantee with Grant Funds for County -sponsored meetings or events. J. California Public Records Act. All documents and records provided to or made available to County under this Agreement become the property of the County, which is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Grantee proprietary information is contained in documents submitted to County, and Grantee claims that such information falls within one or more CPRA exemptions, Grantee must clearly mark such information "CONFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the event of a request for such information, County will make reasonable efforts to provide notice to Grantee prior to such disclosure. If Grantee contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara county before the County responds to the CPRA request. If Grantee fails to obtain such a remedy before County responds to the CPRA request, County may disclose the requested information and shall not be liable or responsible for such disclosure. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 13 of 24 Item 9: Staff Report Pg. 54 Packet Pg. 248 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement Grantee further warrants, represents, and agrees that it shall defend, indemnify, and hold County harmless against any and all claims, actions or litigation (including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial by County of a CPRA request for any information arising from any representation, or any action (or inaction), by the Grantee, its contractors, consultants, employees, agents, or representatives. K. No Third -Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties signing this Agreement. Subcontractors, sponsors, and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third -party beneficiaries of or to this Agreement. L. Relationship of the Parties. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer - employee, or lender -borrower. Grantee shall have no authority to employ any person as employee or agent on behalf of County for any purpose. Neither Grantee nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of County, nor shall any such person represent himself or herself to others as a third party beneficiary to this Agreement or as an employee or agent of County. M. No Indemnification and Insurance by County. Nothing contained in this Agreement is to be construed as an indemnification by County for any loss, damage, injury or death arising out of or caused, in whole or in part, by the County or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the County to provide any insurance, indemnity, or protection for or on behalf of any third party, the Project, or the property owner. N. Subcontractors. If any obligation is performed for or on behalf of Grantee through a consultant, contractor, or subcontractor, Grantee shall remain fully responsible for the performance of all obligations under this Agreement and Grantee shall be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract, or other agreement entered into by Grantee with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds, shall provide for any indemnity, guarantee, or assumption of liability by, or other obligation of, County with respect to such arrangement. No contractor, consultant, or subcontractor will be deemed a third -party beneficiary for any purposes under or to this Agreement. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 14 of 24 Item 9: Staff Report Pg. 55 Packet Pg. 249 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E 0. Nonexclusive Agreement. ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement Grantee agrees that this Agreement is non-exclusive and County may at any time, in its sole discretion, enter into agreements with other parties for any purpose deemed to bein the best interest of the County. P. Paragraph Headings. The headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand, or otherwise affect the construction or interpretation of this Agreement. Q. Cumulative Remedies. The rights and remedies of the Parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy. R. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original. Unless otherwise prohibited by law or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by the County. S. Construction/Severability. This Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable. T. Authority. Each Party represents and warrants that it has executed this Agreement freely, fully intending GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 15 of 24 Item 9: Staff Report Pg. 56 Packet Pg. 250 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement to be bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each Party's behalf. U. Office of Foreign Assets Control Compliance. Grantee represents to County that: (a) Grantee and each of the Grantee Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person," or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) Grantee, and the Grantee Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation. W. County Regulatory Authority. Grantee acknowledges and agrees that County, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the County to exercise or refrain from exercising this discretionary governmental authority in any particular manner. X. Bribery Clause. Grantee certifies, represents, and warrants that Grantee and the Grantee Representatives have not been convicted of bribery or attempting to bribe an officer or employee of County or any other municipality or state entity nor has Grantee or any of the Grantee Representatives made an admission of guilt of such conduct which is a matter of record. Y. Insurance. Grantee shall provide insurance and comply with all insurance and other terms and conditions set out in the attached Attachment B. Z. Intellectual Property. (1) County shall own all right, title, and interest in and to the Deliverables. For purposes of this Agreement, the term "Deliverables" shall mean any documentation and deliverables created by Grantee during the performance of services that are identified in this Agreement. Grantee hereby assigns to the County all rights, title and interest in and to any and all intellectual property whether or not patentable or registrable under patent, copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Grantee, either alone or jointly with others, during the period of Grantee's agreement with GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 16 of 24 Item 9: Staff Report Pg. 57 Packet Pg. 251 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E ease Agreement Item 9 Attachment A - First Amendment to Lease Agreement the County or result from the use of premises leased, owned or contracted for by the County. (2) Grantee acknowledges that all original works of authorship which are made by Grantee (either solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are "works made for hire," as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County. Grantee agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by Grantee, either solely or jointly with others, in connection with any agreement with the County. (3) If Grantee is undertaking a restoration or alteration of an original work of authorship within the meaning of 17 U.S.C. § 102, Grantee covenants that the owner of the copyright has consented to the restoration or alteration work. Grantee further covenants that it possesses a License consistent with Section I.A.4 of this Agreement and that it will assign this License to the County prior to requesting grant funding. Grantee hereby forever releases, discharges, and agrees to save and hold harmless County, its employees, agents, representatives, and Board of Supervisors, from, for and against any and all liabilities, claims, causes of action, allegations and lawsuits that are made or threatened to be made in relation to any use made of any of the Intellectual Property. These claims include, but are not limited to, the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civ. Code §§987 and 989), or any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights. AA. Survival. All terms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections I, III, IV, and V. BB. Attachments. The following attachments are included in this Agreement and are incorporated herein by this reference. Attachment A — Scope of Work and Itemized Project Budget Attachment B — Insurance Requirements and Proof of Insurance ////SIGNA TURES FOLLOW ON NEXT PA GE//// GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 17 of 24 Item 9: Staff Report Pg. 58 Packet Pg. 252 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E Nease Agreement Item 9 Attachment A - First Amendment to Lease IN WITNESS WHEREOF, the Parties hereto have executed this Agreemd Agreement OW' effective as of the last date signed by all the Parties. Grantee: rDocuSigned by: Q S44ak 4g€Ci�ty Manager City of Palo Alto, a California municipality 9/14/2022 Date: Approved as to form: (-__DocuSigned by: I t ui. %l w'stt ¶4wgiwgH zell Chief Assistant City Attorney COUNTY OF SANTA CLARA: DocuSigned by: sir` •"ltg6s Deputy County Executive 9/15/2022 Date: Approved as to form and legality: DocuSigned by: fdL (Assts • NVi§sers Deputy County Counsel GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 18 of 24 Item 9: Staff Report Pg. 59 Packet Pg. 253 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E Nease Agreement Item 9 Attachment A - First Amendment to Lease Agreement ATTACHMENT A SCOPE OF WORK AND ITEMIZED PROJECT BUDGET Restoration and repair of the Roth Building's 1940's Otis Elevator. All work will be performed to meet the terms of the Historical Heritage Funding Agreement, and the Historical Heritage Grant Program Application and Procedural Guide, including any and all revisions thereto. ITEMIZED PROJECT BUDGET WORK TO BE PERFORMED GRANTEE CASH CONTRIBUTION GRANT TOTAL 1. New Control System, new geared machines, new devices fully regulated, new AC motors, new wiring and traveling cables, new door protection, new closed $0 $350,000 $350,000 loop door operator, new fixtures, remote elevator monitoring (REM) installed, new seismic operation. 2. Self -closing door and locking entrance door on machine room, main line power feeders, main line disconnect switch, shunt trip disconnects, cab lighting and fan circuit, REM circuit, GFI outlets, $105,000 $0 $105,000 lighting machinery spaces and pit, machine room ventilation, phone, fire recall, patching cracked and missing plaster, voids or holes in the hoist way or machine room walls, ceiling or floor. TOTAL PROJECT AMOUNT $105,000 $350,000 $455,000 GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 19 of 24 Item 9: Staff Report Pg. 60 Packet Pg. 254 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E Nease Agreement Item 9 Attachment A - First Amendment to Lease Agreement ATTACHMENT B -- INSURANCE REQUIREMENTS AND PROOF oi ifNsui E INSURANCE REQUIREMENTS FOR GRANT AGREEMENT Indemnity The Grantee shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Grantee and/or its agents, employees or sub -contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Grantee shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Grantee contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Insurance Without limiting the Grantee's indemnification of the County, the Grantee shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Grantee shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Grantee upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Grantee shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Grantee. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A -V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 20 of 24 Item 9: Staff Report Pg. 61 Packet Pg. 255 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E N ease Agreement Item 9 Attachment A - First Amendment to Lease C. Notice of Cancellation Agreement All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $1,000,000 Products/Completed Operations aggregate - $1,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 21 of 24 Item 9: Staff Report Pg. 62 Packet Pg. 256 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E N ease Agreement Item 9 Attachment A - First Amendment to Lease contributing with insurance provided under this policy. k Agreement y also be added to the additional insured endorsement as app ><ca a and tHe Grantee shall be notified by the contracting department of these requirements. 4. Fidelity Bond Before receiving any reimbursement under this Agreement, Grantee will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Grantee will notify County immediately, and County may withhold further payment to Grantee until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. E. Special Provisions The following provisions shall apply to this Agreement: The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Grantee and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Grantee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Grantee. However, this shall not in any way limit liabilities assumed by the Grantee under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Grantees obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self- insurance retentions. Should any of the work under this Agreement be sublet, the Grantee shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Grantee may insure subcontractors under its own policies. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS Page 22 of 24 Item 9: Staff Report Pg. 63 Packet Pg. 257 of 378 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E CERTIFICATE OF COVERAGE ease Agreement Item 9 Attachment A - First Amendment to Lease n/?n?? nt Insurance Services, Inc. Mission Street, 6th Floor Francisco CA 94105 ED COVERED PARTY CEL - City of Palo Alto Hamilton Avenue o Alto CA 94301 COVERAGES HIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE FOR THE PERIOD SHOWN BELOW NOT WITHSTANDING ANY EQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE AFFORDED BY THE PROGRAM ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE THE FOLLOWING COVERAGE IS IN EFFECT JPA LTR TYPE OF COVERAGE EMORANDUM NUMBER OVERAGE EFFECTIVE DATE (MM/DD/YY) OVERAGE EXPIRATION DATE (MM/DD/YY) LIMITS ENERAL LIABILITY ACH OCCURRENCE OMMERCIAL GENERAL LIABILITY IRE DAMAGE (Any one fire) (— CLAIMS MADE ❑ OCCUR lED EXPENSE (Any one person) ERSONAL & ADV INJURY ENERAL AGGREGATE EN'L AGGREGATE LIMIT APPLIES PER RODUCTS-COMP/OP AGG n ANDUM PROJECT 1 1LOC ANWM I 1 F UTOMOBILE LIABILITY NY AUTO OMBINED SINGLE LIMIT Ea accident) I LL OWNED AUTOS I CHEDULED AUTOS /RED AUTOS ON -OWNED AUTOS ORKERS' COMPENSATION AND MPLOYERS LIABILITY WC OTHER STATUTORY LIMITS NY PROPRIETOR/PARTNER/ XECUTIVE/OFFICER/MEMBER XCLUDED? r.L.EACHACCIDENT EASE — EA EMPLOYEE YES, DESCRIBED UNDER SPECIAL EASE— POLICY LIMIT [ROVISION BELOW A Public Entity Liability CC2223PALl71 7/1/2022 7/112023 ,000,000 Per Occ THER .000,000 S.I.R. THER ESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAUPROVISIONS If required by written contract, County of Santa Clara and members of the Board of Supervisors of the County of Santa Clara and the officers, agents and employees of the County of Santa Clara, individually and collectively are covered as Additional Covered Parties as respects the Historic Grant Program or the Roth Building. Subject to policy terms, conditions and exclusions. 'ON THECERTIFICATEHOLDER. THIS CER•..._. Agreement iMATIVELY OR IGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE IMORANDUM(S) OF COVERAGE BELOW. IS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE WING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE IRTIFICATE HOLDER. PORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE EMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE )ES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH IDORSEMENT(S). PORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE :MORANDUM(S) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON IE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH IDORSEMENT(S). PROGRAM AFFORDING COVERAGE ACCEL CERTIFICATE HOLDER CANCELLATION ounty of Santa Clara Office of the County Executive, Attn: HOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM(S) OF COVERAGE E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE )r. Jeffrey V. Smith, Deputy County Executive ELIVERED IN ACCORDANCE WITH THE MEMORANDUM(S) OF COVERAGE Eleventh Floor - East Wing ROVISIONS. 0 West Hedding Street an Jose CA 95110 UTHORIZED REPRESENTATIVE G��I Item 9: Staff Report Pg. 64 for the City of Palo Alto for ing Elevator project Packet Pg. 258 of 378 FE GRANT FUNDS Page 23 of 24 DocuSign Envelope ID: 11 D8815A-6344-4EBB-B998-4466BB08867E Agreement Authority for California Cities Excess c/ACCEL Co Allpor Lionnt IncurInsurance c Services Corporation Insurance License No. 0C36861 560 Mission Street, 6th Floor, San Francisco, CA 94105 wlvly. accelpool. or Item 9 Attachment A - First Amendment to Lease Agreement AUTHORITY FOR CALIFORNIA CITIES EXCESS LIABILITY (ACCEL) A JOINT POWERS AUTHORITY EXCESS LIABILITY COVERAGE ADDITIONAL COVERED PARTY ENDORSEMENT It is understood and agreed that in accordance with Section III. WHO IS A COVERED PARTY paragraph D. that the following person or organization named below is included as an additional covered party for Bodily Injury and Property Damage, but only with respect to facilities or personal property owned by such person or organization and used by the Member Agency or for liability arising out of operations performed by or on behalf of the Member Agency for such person or organization so designated. Additional Covered Party Limit of Liability Description of Activity or Location of Facilities Used County of Santa Clara Office of $ 1,000,000 If required by written contract, County of Santa Clara and the County Executive members of the Board of Supervisors of the County of Santa Clara and the officers, agents and employees of the County of Santa Clara, individually and collectively are covered as Additional Covered Parties as respects the Historic Grant Program for the Roth Building. Subject to policy terms, conditions and exclusions. Notwithstanding any requirement, term or condition of any contract or agreement to which this coverage may apply, the coverage afforded an additional covered party shall be subject to all the terms, exclusions and conditions of this Memorandum of Excess Liability Coverage (07(22) as otherwise applicable. This endorsement is part of the Memorandum of Excess Liability Coverage (07/22) and is effective on the date shown below. All other terms and conditions remain unchanged. Policy Period: July 1, 2022 to July 1, 2023 Member Agency: Endorsement No: City of Palo Alto 2223 -PAL -005 Issued to: County of Santa Clara Office of the County Executive Attn: Dr. Jeffrey V. Smith, Deputy County Executive Eleventh Floor - East Wing 70 West Hedding Street San Jose, CA 95110 Date Issued: 6/20/2022 Authorized Representative for ACCEL Alliant Insurance Services, Inc. GRANT FUNDING AGREEMENT for the City of Palo Alto for A Joint Po;vers Authority the Restoration and Re air of the Roth Building Elevator project GE GRANT FUNDS Item 9: Staff Report Pg. 65 Packet Pg. 259 of 378 Page 24 of 24 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement GRANT FUNDING AGREEMENT Between the County of Santa Clara and the City of Palo Alto for Restoration and Repair the Roth Building Windows (Fiscal Year 2023 Historic Heritage Grant Funds, $182,448) This Grant Funding Agreement ("Agreement") is made and entered into as of the last date signed below by all parties ("Effective Date") by and between the County of Santa Clara, a political subdivision of the State of California ("County"), and the City of Palo Alto, a California municipality, with its primary offices located at 250 Hamilton Ave, Palo Alto, CA 94301 ("Grantee"). County and Grantee shall sometimes be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Grantee submitted an application to the County's Historical Heritage Commission ("Historical Heritage Commission" or "Commission") for funding of the Restoration and Repair of the Roth Building Windows ("Project") located at 300 Homer Avenue, Palo Alto, CA 94301; WHEREAS, the Project includes restoration and repair of the Roth Building windows, as more fully described in Attachment A "Scope of Work and Itemized Project Budget" incorporated and made a part of this Agreement by reference herein; WHEREAS, the Historical Heritage Commission, on April 20, 2023 reviewed the merits of the Grantee's application and forwarded its recommendation to the Board of Supervisors that it approve the allocation of $182,448 (One -hundred eighty-two thousand four -hundred forty-eight dollars) from the Fiscal Year 2023 Historical Heritage Park Charter Development Funds to assist the Grantee with the Project; WHEREAS, the Board of Supervisors reviewed the information provided in support of the Project and found that the Project meets the requirements for use of Park Charter Development funds in Section 604 (b) of the County Charter; and, WHEREAS, the Board of Supervisors on June 6, 2023, reviewed and approved the recommendation of the Historical Heritage Commission to allocate $182,448 ("Grant") to assist with the Project, which will acknowledge, preserve, and commemorate the historical and cultural heritage of the Santa Clara Valley. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein, County and Grantee agree to the foregoing and as follows: GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 1 of 23 Item 9: Staff Report Pg. 66 Packet Pg. 260 of 378 X DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement SECTION I. GRANTEE RESPONSIBILITIES The County and Grantee agree that the foregoing recitals of the Agreement are the basis for and incorporated into and made a part of this Agreement as terms and conditions. The County and Grantee further agree that County funding is subject to the following conditions: A. General. Grantee, at Grantee's sole cost and expense, shall perform or cause to be performed the Scope of Work described in Attachment A, and the Grantee shall act promptly and without delay with respect to such matters in relation to the Project. In performing the Project, the Grantee agrees to the following terms and conditions. (1) Approvals. (a) Grantee shall prepare all environmental documents and take all other actions required for approval and completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder and any other applicable laws. (b) Grantee shall secure all required approvals, including approvals from government agencies required for completion of the Project. (c) Grantee warrants, represents, and agrees that, except where otherwise expressly prohibited by state or federal law, Grantee, as the applicant for any discretionary land use permit, development permit, license, authorization, entitlement, or other approval from County, will defend, indemnify, and hold harmless County and its officers, agents, employees, boards and commissions from, for and against any claim, action or proceeding brought by any person or entity ("third party") other than the Grantee against County or its officers, agents, employees, boards, or commissions that arises from or is in any way related to the approval, including but not limited to claims, actions, or proceedings to attack, set aside, void, or annul the approval. County has the right to participate in the defense of any claim, action, or proceeding. This indemnity shall not apply to the gross negligence or willful misconduct of County, or of its agents, officers, employees, boards, or commissions. (2) Acknowledgements. (a) Grantee shall publicly acknowledge the Grant by providing a plaque permanently affixed to the building exterior, or on a prominent location on the Project site, visible to the public. The acknowledgement credit shall read: "Restoration made possible in part by a grant from the County of Santa Clara GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 2 of 23 Item 9: Staff Report Pg. 67 Packet Pg. 261 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement Parks and Recreation Department's Historical Heritage Grant Program." Grantee shall obtain County Parks and Recreation Department review and approval of the plaque or sign prior to manufacture and installation. (b) Grantee shall publicly acknowledge the Grant by giving credit to County in project -related materials including newsletters, brochures, and internet messages. (3) Reports and Documentation. (a) Grantee shall submit a hi -annual written project accomplishment report for the Project to the County Parks and Recreation Department no later than November 1 and May 1 of each year, until the Project is completed and reimbursement received. (b) Grantee shall provide any documentation the Historical Heritage Commission requests regarding the Project. This includes, but is not limited to, documents before construction work begins in order to ensure that the proposed Project is consistent with the United States Secretary of the Interior's standards for rehabilitation, preservation, and restoration of historic properties. (c) Grantee shall make a presentation at a regularly scheduled Historical Heritage Commission meeting discussing the completed Project within three (3) months of Project completion. The Grantee shall print and distribute the same photos that were submitted with the final reimbursement request to the Commission members at the presentation. County Parks and Recreation Department Staff will facilitate the scheduling of the presentation. (4) Additional Conditions for Artwork Restoration (a) If the Scope of Work involves the restoration or alteration of an artwork, mural, or other original work of authorship within the meaning of 17 U.S.C. § 102, Grantee shall obtain a License from the owner of the copyright to the work prior to requesting funding. This License must grant the right to (1) reproduce the copyrighted work; (2) prepare derivative works based upon the copyrighted work; (3) distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; and (4) display the copyrighted work publicly. As a condition of the Agreement, Grantee must assign its license to the County. B. Capital Contributions. (1) Grantee shall expend the Grant exclusively for third -party expenses arising from services, permits, fees, labor, materials, and equipment required for the Scope of GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 3 of 23 Item 9: Staff Report Pg. 68 Packet Pg. 262 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement Work and Itemized Project Budget specified in Attachment A for completion of the Project. No contribution made by County shall be used for Grantee's internal salary or administrative expenses, including office overhead or expenses. (2) Grantee shall successfully demonstrate expenditure of Grantee's cash contribution funds to County's satisfaction prior to reimbursement through the Grant. Additional funds needed to complete the Project shall be identified in Attachment A, Scope of Work and Itemized Project Budget. (3) County recognizes that the Itemized Project Budget identified in Attachment A is an estimate and may include a contingency. To the extent that costs qualifying for reimbursement through the Grant vary from this budget, the following provisions apply: (a) For work to be performed that is funded by both Grantee and County as reflected in Attachment A, if Grantee's Cash Contribution for any itemized work to be performed is reduced, then the Grant contribution shall be reduced by the same percentage; (b) Adjustments may be made in the costs associated with Project elements to reflect actual costs, however material changes (even if there is minor or no change in cost) that will affect the restoration or preservation of a historical element, or changes that would necessitate County funding of a non - preservation element that the Grantee was financing with other funds, must be approved by the Historical Heritage Commission. The Commission shall have sole discretion whether to approve or disapprove such adjustments. (c) Grantee is solely responsible for expenditures that may exceed the Grant amount. C. Prevailing Wages. The Project is a public work within the meaning of Labor Code Section 1720, to which the provisions of Labor Code Section 1770 et seq. apply. Grantee shall comply with all of the applicable provisions of the Labor Code, including, but not limited to, payment of prevailing wages. Grantee shall include prevailing wage requirements in all agreements with third parties for work or services needed to complete the Project. Grantee is hereby notified that prevailing wage must meet the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the work is to be performed for each craft, classification, or type of worker needed to perform the work, as specified by the Director of Industrial Relations. Grantee is further notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Further information on Compliance Monitoring Unit requirements can be found at https://www.dir.ca.gov/dlse/cmu/cmu.html. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 4 of 23 Item 9: Staff Report Pg. 69 Packet Pg. 263 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement The Labor Code requires Grantee's compliance with the Department of Industrial Relations (DIR) electronic certified payroll reporting (eCPR) requirements which took effect on January 1, 2016. No contract can be awarded unless the public works project has been registered with the Department of Industrial Relations. Subcontractors used on the project must also comply. Additional information is available at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Grantee agrees to comply with all related provisions of the Labor Code, including but not limited to the provisions of Labor Code Section 1775 relating to the payment of prevailing wages, Section 1777.5 relating to the employment of apprentices, and Sections 1811-1813 relating to the payment of Overtime and provisions pertaining to eCPR compliance. Grantee must provide evidence of awarding body registration with the DIR to the County for approval before incurring any project costs for which Grantee will seek grant reimbursement. D. Project Conformance with the Secretary of the Interior's Standards. The Project and the property upon which the Project is located shall at all times conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties. Should Grantee's implementation of the Scope of Work fail to conform to the Secretary of the Interior's Standards, the County may, at its sole discretion, withhold reimbursement until Grantee cures the issue. E. Term of Agreement. (1) This Agreement is effective on the Effective Date as stated above and shall remain in effect for three (3) years from the Effective Date ("Term"). If the Project is completed before the expiration of the Term, the Agreement shall then expire on an agreed upon date by the parties or as otherwise determined by County in its sole discretion. (2) Grantee shall complete the Project and demonstrate the Project to be fully usable within the Term. County may, at its sole discretion, approve an extension for demonstrated delays not within the control of Grantee. The Grantee must request the extension in writing no later than three (3) months prior to the expiration of the Term. (3) If Grantee fails to complete the Project within the required timeframe and does not receive an extension pursuant to this section, or if the Project does not conform to the Scope of Work in Attachment A, the Grantee shall return all awarded Grant funds to the County. The County may, at its sole discretion, agree in writing to accept a partially completed Project or a Project that does not conform to the Scope of Work. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 5 of 23 Item 9: Staff Report Pg. 70 Packet Pg. 264 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement F. Operation and Maintenance. Upon completion of the Project, the Grantee represents and warrants that it shall open the property upon which the Project is located to the public, and continuously operate and maintain the property and the Project for the benefit of the public for a period of at least twenty (20) years. Grantee shall maintain the property in good operating condition during this period of time. Grantee shall be solely responsible for ongoing maintenance and operation. G. Termination The County may, upon written notice to Grantee, terminate all or part of this Agreement at any time for County's convenience. Upon receipt of such notice, Grantee must immediately cease all work on the date and in the manner specified in the notice. Upon termination, County shall reimburse Grantee for eligible costs incurred pursuant to Section II of this Agreement. County is under no obligation to reimburse for work not yet completed or work that does not conform to the approved Scope of Work and Itemized Project Budget. SECTION II. COMPENSATION AND REIMBURSEMENT A. Reimbursement Amount. County shall reimburse the Grantee in an amount not to exceed the maximum Grant amount of $182,448 for eligible costs. County's obligation to pay is expressly conditioned upon the Grantee's demonstrated compliance with all of the terms and conditions of this Agreement and the availability of Grant funds. B. Reimbursement Requirements. (1) Grant funds shall be issued on a reimbursement basis only. No advanced funds shall be issued. Grantee shall keep accurate accounting records of all Project expenditures. Reimbursement shall be limited to expenditures for work approved in the Scope of Work and Itemized Project Budget (Attachment A). Expenditures shall be incurred during the Term. (2) Reimbursement requests may be submitted at Grantee's convenience but shall not exceed one request per quarter, and the Project shall have accrued at least $1,000 in claimable expenditures during that quarter. Grantees must provide the following: (a) HHGP Payment Request Form completed and signed by the authorized representative. (b) HHGP Project Expenditure Worksheet which clearly shows the relationship between expenditures and the grant scope of work deliverables in the grant funding agreement. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 6 of 23 Item 9: Staff Report Pg. 71 Packet Pg. 265 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement (c) Itemized invoice(s) demonstrating expenditure of eligible costs. All Project invoices must be directed to the Grantee. (d) A copy of the Prevailing Wage Determination(s) from the California Department of Industrial Relations for any invoices which include labor. (e) Evidence that Prevailing Wage was paid. (f) Evidence that all invoices have been paid. For example, a clear copy of both sides of a check or warrant issued to pay said invoices, or a receipt evidencing such payment. Bank account statements will not be accepted. (g) Project Accomplishment Report that may include photos and construction inspection reports as applicable. (3) If Grantee is providing cash contribution funds, such funds shall be utilized before requests for reimbursement are made for HHGP funds. Documentation substantiating the expenditure of Grantee's cash contribution funds must be provided with the first reimbursement request. (4) If a reimbursement request is incomplete, County may, at its sole discretion, pay that part of the reimbursement request that is complete or decline payment until the reimbursement request is complete. If the reimbursement request is satisfactory, the County shall endeavor to provide payment to the grantee within sixty (60) days of a complete submittal. (5) Upon Project completion, the Grantee shall submit a final reimbursement request that includes all the items required in a standard reimbursement request and at least four photographs of the completed project and additional photographs of the permanently installed HHGP funding acknowledgement sign. (6) Final reimbursement requests shall be submitted at least sixty (60) days prior to the expiration of this Agreement. It is the responsibility of the Grantee to be knowledgeable of the Agreement expiration date, to ensure timely completion of the Project and take all required steps to ensure receipt of reimbursement funds. C. Project Records, County Audit and Inspection. (1) Grantee shall be responsible for maintaining fiscal controls and fund accounting procedures that show the following: (a) The disposition of the proceeds of Grant funds provided to Grantee; (b) The total costs of the Project; GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 7 of 23 Item 9: Staff Report Pg. 72 Packet Pg. 266 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement (c) The amount and nature of that portion of the Project cost supplied by other sources; and, (d) Any other records and controls that will facilitate an effective audit. (2) The fiscal controls and accounting procedures used to record Project costs and fund receipts shall be based on generally accepted accounting standards and principles. Grantee shall maintain Project records (including paper and electronic media, as appropriate) showing compliance with all aspects of this Agreement for three (3) years after completion of the Project or until all claims are settled, whichever occurs last. All Project records shall be available to County within five (5) working days of County's reasonable notice. If the County determines that the Grantee used the Grant for ineligible costs, or other terms of the Agreement were breached, County may take any action permitted by law and any authorized actions under this Agreement and require Grantee to repay the Grant, with interest at the rate earned on County's investments, and the cost of the audit. (3) In addition to an audit of Project Records, Grantee shall provide consent to County to access the Project during business hours any time during construction, and, following completion of the Project, during business hours following reasonable notice by County. SECTION III. INDEMNIFICATION Grantee covenants, warrants, represents, and agrees that it shall indemnify, defend, save, and hold harmless the County and all of its employees, officers, directors, attorneys, agents, contractors, successors and assigns in accordance with the indemnification provisions of Exhibit C, which is incorporated herein and made a part of this Agreement by this reference. SECTION IV. NOTICES Any notices provided pursuant to this Agreement shall be sent by regular mail to the respective parties addressed as follows: COUNTY OF SANTA CLARA GRANTEE Director d Shikada, City Manager Parks and Recreation Department City of Palo Alto 298 Garden Hill Drive 50 Hamilton Ave Los Gatos, CA 95032 alo Alto, CA 94301 Phone: (408) 355-2220 650-329-2280 GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 8 of 23 Item 9: Staff Report Pg. 73 Packet Pg. 267 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement SECTION V. MISCELLANEOUS A. Entire Agreement. This document represents the entire agreement between the Parties in relation to the subject matter contained herein. All prior negotiations and written and/or oral agreements between the Parties with respect to the subject matter of the Agreement are merged into this Agreement. B. Amendments. This Agreement may only be amended by a written instrument signed by authorized representatives of both Parties. C. Conflict of Interest. (1) Grantee shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by County. (2) In accepting this Agreement, Grantee 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 this Agreement. Grantee further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest. Grantee subcontractors may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the "Act"), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. (3) If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall, upon execution of this Agreement, provide County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to Grantee's employees, agents and subcontractors, who could be substantively involved in "mak[ing] a governmental decision" or "serv[ing] in a staff capacity" and in that capacity participating in making GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 9 of 23 Item 9: Staff Report Pg. 74 Packet Pg. 268 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Grantee's service to County under this Agreement. Grantee shall immediately notify County of the names and email addresses of any additional individuals later assigned to provide such service to County under this Agreement in such a capacity. Grantee shall immediately notify County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to County. (4) If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations, including but not limited to those listed in subpart (ii) of the first sentence of this Section VI.C including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement. D. Governing Law, Venue. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed, and enforced in accordance with the law of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. E. Assignment. No assignment of this Agreement or of any of the rights or obligations hereunder shall be valid without the prior written consent of County. F. Waiver. No delay or omission by either Party hereto to exercise any right occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 10 of 23 Item 9: Staff Report Pg. 75 Packet Pg. 269 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement G. Compliance with All Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention. (1) Grantee shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, "Laws"), including but not limited to the non-discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (2) Grantee shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County's policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Grantee shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Grantee discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (3) Grantee shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws. (4) For purposes of this Section V.G, the following definitions shall apply. A "Final Judgment" shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 11 of 23 Item 9: Staff Report Pg. 76 Packet Pg. 270 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement compensation on the basis of an individual's sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose's Office of Equality Assurance. (5) By signing this Agreement, Grantee affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Grantee violated an applicable wage and hour law or pay equity law. Grantee further affirms that it has satisfied and complied with — or has reached Agreement with the County regarding the manner in which it will satisfy — any such final judgments. (6) If at any time during the term of this Agreement, Grantee receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Grantee shall promptly satisfy and comply with any such Final Judgment. Grantee shall inform the Office of the County Executive -Office of Countywide Contracting Management (OCCM)of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. Grantee shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San Jose, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph. (7) In addition to and notwithstanding any other provision of this Agreement concerning access to Grantee's records, Grantee shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County's request, Grantee shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Section V.G, except where prohibited by federal or state laws, regulations or rules. County's access to such records and facilities shall be permitted at any time during Grantee's normal business hours upon no less than 10 business days' advance notice. (8) Grantee shall (1) at least once in the first year of this Agreement and annually GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 12 of 23 Item 9: Staff Report Pg. 77 Packet Pg. 271 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement thereafter, provide each of its employees working in California and each person applying to Grantee for a job in California (collectively, "Employees and Job Applicants") with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Grantee's Employees and Job Applicants. (9) Material Breach: Failure to comply with any part of this section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions: (a) Suspend or terminate any or all parts of this Agreement. (b) Withhold payment to Grantee until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law. (c) Offer Grantee an opportunity to cure the breach. (10) Grantee shall impose all of the requirements set forth in this Section V.G on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment. H. County No -Smoking Policy. Grantee and its employees, agents, contractors, subcontractors and consultants, shall comply with the County's No -Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County -owned and operated health facilities, (2) within 30 feet surrounding County- owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles. I. Food and Beverage Standards. Except in the event of an emergency or medical necessity, County's nutritional standards shall apply to any foods and/or beverages purchased by Grantee with Grant Funds for County -sponsored meetings or events. J. California Public Records Act. All documents and records provided to or made available to County under this Agreement become the property of the County, which is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Grantee proprietary information is contained in documents submitted to County, and Grantee claims that such GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 13 of 23 Item 9: Staff Report Pg. 78 Packet Pg. 272 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement information falls within one or more CPRA exemptions, Grantee must clearly mark such information "CONFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the event of a request for such information, County will make reasonable efforts to provide notice to Grantee prior to such disclosure. If Grantee contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara county before the County responds to the CPRA request. If Grantee fails to obtain such a remedy before County responds to the CPRA request, County may disclose the requested information and shall not be liable or responsible for such disclosure. Grantee further warrants, represents, and agrees that it shall defend, indemnify, and hold County harmless against any and all claims, actions or litigation (including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial by County of a CPRA request for any information arising from any representation, or any action (or inaction), by the Grantee, its contractors, consultants, employees, agents, or representatives. K. No Third -Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties signing this Agreement. Subcontractors, sponsors, and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third -party beneficiaries of or to this Agreement. L. Relationship of the Parties. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer - employee, or lender -borrower. Grantee shall have no authority to employ any person as employee or agent on behalf of County for any purpose. Neither Grantee nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of County, nor shall any such person represent himself or herself to others as a third party beneficiary to this Agreement or as an employee or agent of County. M. No Indemnification and Insurance by County. Nothing contained in this Agreement is to be construed as an indemnification by County for any loss, damage, injury or death arising out of or caused, in whole or in part, by the County or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the County to provide any insurance, indemnity, or protection for or on behalf of any third party, the Project, or the property owner. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 14 of 23 Item 9: Staff Report Pg. 79 Packet Pg. 273 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement N. Subcontractors. If any obligation is performed for or on behalf of Grantee through a consultant, contractor, or subcontractor, Grantee shall remain fully responsible for the performance of all obligations under this Agreement and Grantee shall be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract, or other agreement entered into by Grantee with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds, shall provide for any indemnity, guarantee, or assumption of liability by, or other obligation of, County with respect to such arrangement. No contractor, consultant, or subcontractor will be deemed a third -party beneficiary for any purposes under or to this Agreement. O. Nonexclusive Agreement. Grantee agrees that this Agreement is non-exclusive and County may at any time, in its sole discretion, enter into agreements with other parties for any purpose deemed to bein the best interest of the County. P. Paragraph Headings. The headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand, or otherwise affect the construction or interpretation of this Agreement. Q. Cumulative Remedies. The rights and remedies of the Parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy. R. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original. Unless otherwise prohibited by law or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by the County. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 15 of 23 Item 9: Staff Report Pg. 80 Packet Pg. 274 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement S. Construction/Severability. This Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable. T. Authority. Each Party represents and warrants that it has executed this Agreement freely, fully intending to be bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each Party's behalf. U. Office of Foreign Assets Control Compliance. Grantee represents to County that: (a) Grantee and each of the Grantee Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person," or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) Grantee, and the Grantee Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation. W. County Regulatory Authority. Grantee acknowledges and agrees that County, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the County to exercise or refrain from exercising this discretionary governmental authority in any particular manner. X. Bribery Clause. Grantee certifies, represents, and warrants that Grantee and the Grantee Representatives have not been convicted of bribery or attempting to bribe an officer or employee of County or any other municipality or state entity nor has Grantee or any of the Grantee Representatives made an admission of guilt of such conduct which is a matter of record. Y. Insurance. Grantee shall provide insurance and comply with all insurance and other terms and conditions GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 16 of 23 Item 9: Staff Report Pg. 81 Packet Pg. 275 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement set out in the attached Attachment B. Z. Intellectual Property. (1) County shall own all right, title, and interest in and to the Deliverables. For purposes of this Agreement, the term "Deliverables" shall mean any documentation and deliverables created by Grantee during the performance of services that are identified in this Agreement. Grantee hereby assigns to the County all rights, title and interest in and to any and all intellectual property whether or not patentable or registrable under patent, copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Grantee, either alone or jointly with others, during the period of Grantee's agreement with the County or result from the use of premises leased, owned or contracted for by the County. (2) Grantee acknowledges that all original works of authorship which are made by Grantee (either solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are "works made for hire," as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County. Grantee agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by Grantee, either solely or jointly with others, in connection with any agreement with the County. (3) If Grantee is undertaking a restoration or alteration of an original work of authorship within the meaning of 17 U.S.C. § 102, Grantee covenants that the owner of the copyright has consented to the restoration or alteration work. Grantee further covenants that it possesses a License consistent with Section I.A.4 of this Agreement and that it will assign this License to the County prior to requesting grant funding. Grantee hereby forever releases, discharges, and agrees to save and hold harmless County, its employees, agents, representatives, and Board of Supervisors, from, for and against any and all liabilities, claims, causes of action, allegations and lawsuits that are made or threatened to be made in relation to any use made of any of the Intellectual Property. These claims include, but are not limited to, the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civ. Code §§987 and 989), or any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights. AA. Survival. All terms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections I, III, IV, and V. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 17 of 23 Item 9: Staff Report Pg. 82 Packet Pg. 276 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement BB. Attachments. The following attachments are included in this Agreement and are incorporated herein by this reference. Attachment A — Scope of Work and Itemized Project Budget Attachment B — Insurance Requirements and Proof of Insurance ////SIGNA TURES FOLLOW ON NEXT PA GE//// // // // // // // // // // // // // // // // // // // GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 18 of 23 Item 9: Staff Report Pg. 83 Packet Pg. 277 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease IN WITNESS WHEREOF, the Parties hereto have executed this Agreemd Agreement effective as of the last date signed by all the Parties. Grantee: DocuSigned by: E4 ≤ I4I4 h3P,-" Manager City of Palo Alto, a California municipality 7/24/2023 Dated: Approved as to form: DocuSigneddbby: C hd-at c' Chief Assistant City Attorney COUNTY OF SANTA CLARA: DocuSigned by: Deputy County Executive Date: 7/26/2023 Approved as to form and legality: DocuSigned by: ' As vs I14aoWisers Deputy County Counsel Item 9: Staff Report Pg. 84 Packet Pg. 278 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease ATTACHMENT A Agreement SCOPE OF WORK AND ITEMIZED PROJECT BUDGET Restoration and repair of the Roth Building's existing windows. All work will be performed to meet the terms of the Historical Heritage Funding Agreement, and the Historical Heritage Grant Program Application and Procedural Guide, including any and all revisions thereto. ITEMIZED PROJECT BUDGET WORK TO BE PERFORMED GRANTEE CASH GRANT TOTAL CONTRIBUTION 1. Glass Block Repair (Soares) $0.00 $31,938 $31,938 2.Waterproofing window openings $0.00 $19,500 $19,500 (Lawson) 3.Sealing and caulking window $0.00 $12,750 $12,750 openings (Lawson) 4. Replace broken glass, re -putty seals, $0.00 $36,138 $36,138 seal perimeter (Silicon Valley Glass) 5.Furnish & install storm windows (Silicon $0.00 $39,235 $39,235 Valley Glass) 6.Exterior plaster patches (Level 5) $0.00 $16,284 $16,284 7.Retrofit work, millwork and running trim $31,755 $0.00 $31,755 (Vance Brown Inc 8.Painting sides of windows (Toller $0.00 $16,225 $16,225 Painting, Inc 9.General Contractor's Fee (Vance Brown oversee and coordination with subcontractors' activities and general $0.00 $10,378 $10,378 supervision of the window rehabilitation project to completion including any punch list activities/documentation) 10. Precast window sills and wall caps $59,907 $0.00 $59,907 (Soares infrastructure, new construction) TOTAL PROJECT AMOUNT $91,662 $182,448 $274,110 Contingency (Optional) $21,794 $295,904 GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 20 of 23 Item 9: Staff Report Pg. 85 Packet Pg. 279 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement ATTACHMENT B -- INSURANCE REQUIREMENTS AND PROOF OF INSURANCE INSURANCE REQUIREMENTS FOR GRANT AGREEMENT Indemnity The Grantee shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Grantee and/or its agents, employees or sub -contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Grantee shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Grantee contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Tnsurance Without limiting the Grantee's indemnification of the County, the Grantee shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Grantee shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Grantee upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Grantee shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Grantee. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A -V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 21 of 23 Item 9: Staff Report Pg. 86 Packet Pg. 280 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 C D. Notice of Cancellation Item 9 Attachment A - First Amendment to Lease Agreement All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. Insurance Required Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $1,000,000 c. Products/Completed Operations aggregate - $1,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 22 of 23 Item 9: Staff Report Pg. 87 Packet Pg. 281 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease contributing with insurance provided under this policy. Agreement y also be added to the additional insured endorsement as app ica a and tHe Grantee shall be notified by the contracting department of these requirements. 4. Fidelity Bond Before receiving any reimbursement under this Agreement, Grantee will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Grantee will notify County immediately, and County may withhold further payment to Grantee until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. E. Special Provisions The following provisions shall apply to this Agreement: The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Grantee and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Grantee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Grantee. However, this shall not in any way limit liabilities assumed by the Grantee under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Grantees obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self- insurance retentions. Should any of the work under this Agreement be sublet, the Grantee shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Grantee may insure subcontractors under its own policies. GRANT FUNDING AGREEMENT for the City of Palo Alto for the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS Page 23 of 23 Item 9: Staff Report Pg. 88 Packet Pg. 282 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9 Attachment A - First Amendment to Lease Agreement CITY OF PALO ALTO Risk Management and Safety TEL: (650) 329.2294 FAX: (650) 329-2396 July 10, 2023 April Smith, Senior Management Analyst County of Santa Clara Grant Administration Staff Santa Clara County Parks 298 Garden Hill Drive Los Gatos, Ca 95032 RE: Historical Heritage Grant Program Agreement between the County of Santa Clara and the City of Palo Alto Dear April, The following is in reference to the Agreement between the City of Palo Alto and the County of Santa Clara for the Historical Heritage Grant Program for the Roth Building. The City of Palo Alto is self -insured for liability exposure, including equitable and contractual indemnity under the terms of the proposed agreement, up to $1 million. Excess insurance is provided by the Authority of California Cities Excess Liability (ACCEL). A certificate of insurance is attached. The City of Palo Alto is self -insured for Workers Compensation (as recognized by the Director of industrial Relations, Certificate#7102) and such insurance is afforded to all employees of the City of Palo Alto. The County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insured" included in the agreement. Should you have any questions or concerns, please feel free to contact me. Sincerely, Sandra Blanch Director, HR and Risk Management cc: Sunny Tong Item 9: Staff Report Pg. 89 Packet Pg. 283 of 378 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 I CERTIFICATE OF COVERAGE Alliant Insurance Services, Inc. 560 Mission Street, 6th Floor San Francisco CA 94105 NAMED COVERED PARTY ACCEL - Cityof Palo Alto 250 Hamilton Avenue Palo Alto CA 94301 Item 9 Attachment A - First M/000'Y' Amendment to Lease 1912023 THIS CERTI MCAT L IS Ib5IJbW wb Aa MI I rrt '-'fl Agreement UPON THE CERTIFICATE HOLDER. THIS CE RMATIVELY DR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM(S) OF COVERAGE BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MEMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). IMPORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE MEMORANDUM(S) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON THE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH PROGRAM AFFORDING COVERAGE A: ACCEL B: C: COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE, FOR THE PERIOD SHOWN BELOW, NOT WITHSTAIJDIHG AHY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS) OF COVERAGE. THE FOLLOWING COVERAGE IS IN EFFECT. JPA TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVE COVERAGE EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE (MMIDDIYY) GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any One fire) S CLAIMS MADE ❑ OCCUR MED EXPENSE (Arty ore person) S PERSONAL & ADV INJURY S :I GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG S MEMCR PROJECT LOG ANDVM AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea acdderit) S ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS WC OTHER WORKERS' COMPENSATION AND STATUTORY EMPLOYERS LIABILITY LIMITS ANY PROPRIETORIPARTNERI E.L. EACH ACCIDENT 5 EXECUTIVEIOFFICER1MEMRER EXCLUDED? E.L. DISEASE -EA EMPLOYEE IF YES, DESCRIBED UNDER SPECIAL PROVISION BELOW E.L. DISEASE -- POLICY LIMIT S A Public Entity Liability ACC2324PAL171 7J112023 7f112O24 $1,ODO.000 Per Dcc OTHER $1.000,060 Aggregate $1.000,0013 SIR. OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY EN➢ORSEMENTISPECIALFPROVISIONS If required by written contract, County of Santa Clara and members of the Board of Supervisors of the County of Santa Clara and the officers, agents and employees of the County of Santa Clara, individually and collectively are covered as Additionat Covered Parties as respects to the Historical Heritage Grant Program for the Roth Building. Subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS) OF COVERAGE County of Santa Clara Office of the County Executive, Attn: BEC DELIVERED CANCELLEDNBE ACCORDANCE WITEXPIRATION) THE DATE THEREOF, NOTICE OF COVERAGE BE Dr. Jeffrey V. Smith, Deputy County Executive PROVISIONS. E Eleventh Floor - East Wing 70 West Hedding Street AUTHORIZED REPRESENTATIVE San Jose CA 95110 I Item 9: Staff Report Pg. 90 J [__Packet Pg. 284 of 378 J DocuSign Envelope ID: E779C403-D26C-463E-989E-1 220371 A96F0 Item 9 Attachment A - First '` Amendment to Lease fi Authority for California Cities Excess L ACCELc/o Alliant Insurance Services Agreement Corporation Insurance License No. OC36861 560 Mission Street, 6th Floor, San Francisco, CA 94105 www. accelpooL or AUTHORITY FOR CALIFORNIA CITIES EXCESS LIABILITY (ACCEL) A JOINT POWERS AUTHORITY EXCESS LIABILITY COVERAGE ADDITIONAL COVERED PARTY ENDORSEMENT It is understood and agreed that in accordance with Section III. WHO IS A COVERED PARTY paragraph D. that the following person or organization named below is included as an additional covered party for Bodily Injury and Property Damage, but only with respect to facilities or personal property owned by such person or organization and used by the Member Agency or for liability arising out of operations performed by or on behalf of the Member Agency for such person or organization so designated. Additional Covered Party Limit of Liability Description of Activity or Location of Facilities Used County of Santa Clara Office of $1,000,000 Occ If required by written contract, County of Santa Clara and the County Executive $1,000,000 Agg members of the Board of Supervisors of the County of Santa Clara and the officers, agents and employees of the County of Santa Clara, individually and collectively are covered as Additional Covered Parties as respects the Historic Grant Program for the Roth Building. Subject to policy terms, conditions and exclusions. Notwithstanding any requirement, term or condition of any contract or agreement to which this coverage may apply, the coverage afforded an additional covered party shall be subject to all the terms, exclusions and conditions of this Memorandum of Excess Liability Coverage (07123) as otherwise applicable. This endorsement is part of the Memorandum of Excess Liability Coverage (07123) and is effective on the date shown below. All other terms and conditions remain unchanged. Policy Period: July 1, 2023 to July 1, 2024 Member A enc : City of Palo Alto Endorsement No.: 2324 -PAL -005 Issued to: County of Santa Clara Office of the County Executive Attn: Dr. Jeffrey V. Smith, Deputy County Executive Eleventh Floor - East Wing, 70 West Hedding Street San Jose. CA 95110 Date Issued: 6/19/2023 Authorized Representative for ACCEL Alliant Insurance Services, Inc. Item 9: Staff Report Pg. 91 Packet Pg. 285 of 378 Item 9 Attachment A - First Amendment to Lease Agreement EXHIBIT H FISCAL YEAR 2026 CITY FUNDING (Added by First Amendment to Lease Agreement) On June 17, 2024, the Palo Alto City Council adopted the Fiscal Year 2025 Capital Budget, which includes a one-time funding contribution of $500,000 to the Museum in Fiscal Year 2026, pending the City Council's review and adoption of the Fiscal Year 2026 Budget. The funds are intended to assist the Museum's efforts to attract increased donor participation and raise additional funds. The funds shall not be used for Project costs or for ongoing operational costs, but rather for additional tenant improvements after the Project is complete and for Museum exhibits. Acceptable uses of these funds include costs related to gallery design, exhibit design, interactive multimedia, audio, video, interactive displays, information kiosks, and the contractors hired to do the design and build out of those systems, as well as infrastructure costs, that would include design, engineering, and installation. Item 9: Staff Report Pg. 92 Packet Pg. 286 of 378 Item 9 Attachment B - Third Amendment to Tenant Work Letter THIRD AMENDMENT TO TENANT WORK LETTER THIS THIRD AMENDMENT TO TENANT WORK LETTER (this "Third Amendment") is entered into as of ("Execution Date") by and between CITY OF PALO ("C") and PALO ALTO HISTORY MUSEUM ("Museum"). RECITALS A. WHEREAS, City and Museum are parties to that certain Tenant Work Letter dated as of April 20, 2023 as amended by that certain First Amendment to Tenant Work Letter dated September 6, 2023 and that certain Second Amendment to Tenant Work Letter dated November 13, 2023; and B. WHEREAS, City and Museum desire to further modify and amend the Tenant Work Letter only in the respects and on the conditions hereinafter stated. AGREEMENT NOW, THEREFORE, City and Museum, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, agree as follows: 1. Definitions. For purposes of this Third Amendment, capitalized terms shall have the meanings ascribed to them in the Tenant Work Letter unless otherwise defined herein. 2. Attachment A. Attachment A of the Tenant Work Letter is hereby deleted and replaced with the Attachment A attached hereto. 3. Effect of Third Amendment. Except as modified by this Third Amendment, the Tenant Work Letter and all the covenants, agreements, terms, provisions and conditions thereof shall remain in full force and effect and are hereby ratified and affirmed. In the event of any conflict between the terms contained in this Third Amendment and the Tenant Work Letter, the terms herein contained shall supersede and control the obligations and liabilities of the parties. 4. Counterparts and PDF Signatures. This Third Amendment may be executed in one or more counterparts, each of which, when taken together, shall constitute one and the same document. A portable document format (PDF) signature using Docusign on this Third Amendment shall be equivalent to, and have the same force and effect as, an original signature. [Signature page follows] Item 9: Staff Report Pg. 93 Packet Pg. 287 of 378 Item 9 Attachment B - Third Amendment to Tenant Work Letter IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the day hereinabove first written. CITY: CITY OF PALO ALTO, a California chartered municipal corporation By: Name: Title: City Manager or designee Date: Approved as to Form: By: Name: Title: City Attorney or designee Date: MUSEUM: PALO ALTO HISTORY MUSEUM By: Name: Title: Date: Item 9: Staff Report Pg. 94 Packet Pg. 288 of 378 Item 9 Attachment B - Third Amendment to Tenant Work Letter ATTACHMENT A PROJECT FUNDING This Attachment A details the Parties' respective funding commitments for construction of the Project, based on the estimated Construction Cost set forth in Recital F, which is subject to amendment prior to commencement of Project construction. Pursuant to Section 5.4, this Attachment A will be amended based on the final GMP, as a condition precedent to commencement of Project construction. 1. Museum Contribution. The Museum is contributing $3,108,292.00 to pay for certain hard and soft costs for the construction of the Project as further specified in Section 4.3, which is comprised of the following: A. The Museum will contribute $372,011.00 to pay for all construction phase soft costs, including, without limitation, all permit and utility fees that are not expressly waived or reimbursed by the City and the premiums for the Builder's Risk insurance for the Project. B. The Museum will contribute $2,736,881.00, based on the difference between the City Contribution and the estimated amount of the GMP as of the Effective Date. The Museum Contribution shall be funded by pledged and received donations in the amount of $850,000.00 (the "Museum Donations") and, to the extent available and subject to Section 4.3 of the Tenant Work Letter, funds from the HUD Grant in the amount of $2,258,892.00 (the "HUD Funds"). Notwithstanding the foregoing, the amounts set forth herein are subject to amendment pursuant to Section 5.4 to reflect the final GMP and commensurate adjustments to the final amount of the Museum Contribution as a condition precedent to commencement of Project construction. 2. City Contribution. The City Contribution is comprised of the following contributions and reimbursements for construction of the Project, for a total City Contribution of $10,702,448, provided the Museum meets its funding obligations and timely complies with the conditions for Project commencement set forth in this Tenant Work Letter: A. The City will contribute $5,400,000.00 from transferable development rights and City general funds. B. The City will contribute $2,000,000.00 from Stanford University Medical Center development agreement funds. C. The City will contribute $835,448.00 from funds received pursuant to the County Grant Agreements, which is to be allocated solely for the improvements specified in the County Grant Agreements, and conditioned Item 9: Staff Report Pg. 95 Packet Pg. 289 of 378 Item 9 Attachment B - Third Amendment to Tenant Work Letter upon the Museum's compliance with the terms and conditions of the County Grant Agreements, as may be further specified in the Lease. D. The City will contribute $1,650,000.00 from Community Center Impact Fees, toward construction cost for the community room facilities in the Building, provided those facilities are available for public community center use as further specified in the Lease. E. The City will contribute $350,000.00 from Park Impact Fees toward construction costs for the restroom facilities on the northeast side of the Building, provided those facilities are available as the public restrooms serving Heritage Park as further specified in the Lease. F. The City will contribute $300,000.00 from Library Impact Fees toward construction costs for the City Archive Room, provided the City Archive Room is available and accessible for City archives as further specified in the Lease. G. The City will reimburse the Museum in the amount of $100,000.00 for permit fees previously assessed for the Project. H. The City will contribute $67,000.00 to offset the cost for the General Contractor's procurement of a payment bond and a performance bond. Item 9: Staff Report Pg. 96 Packet Pg. 290 of 378 Item 10 Item 10 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Transportation ALTO Meeting Date: October 21, 2024 Report #:2408-3387 TITLE Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On -Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status — not a project. RECOMMENDATION Staff recommends that the Council approve and authorize the City Manager or their designee to: 1. Execute Contract Amendment No. 2 with Nomad Transit, LLC (Via), to provide Palo Alto Link Services, extending the contract term to June 30, 2025, with additional funding of $1.2 million for a revised not to exceed total of $3,801,550 (Attachment A); and 2. Execute the attached Cost Sharing Agreement to Receive Funding from Stanford University to Fund Palo Alto Link Services to Stanford Research Park up to $600,000 annually (Attachment B); and 3. Adoption of an Ordinance to Amend the Fiscal Year 2025 Municipal Fee Schedule (Attachment C) by eliminating discounted fares, increasing fares for Palo Alto Link for single rides for all user types to $0-4, increasing monthly passes to $130, and increasing weekly passes to $40. EXECUTIVE SUMMARY The recommended actions continue Palo Alto Link (PAL) services through June 2025, in line with Council action recommending a baseline of funding for on -demand transit services and a standardized fare for all user types. BACKGROUND Palo Alto Link provides on -demand transit service Monday —Friday for a 12 -hour service span 7:00 am -7:00 pm. The service operates within most of the City, with exceptions only to the east Item 10: Staff Report Pg. 1 Packet Pg. 291 of 378 Item 10 Item 10 Staff Report and west ends that house large open spaces and conservation lands. PAL is utilizing a ten (10) vehicle fleet to provide virtually positioned pick-up and drop-off locations within an acceptable walking distance with the help of a web application. Door-to-door service is available for riders who may require extra assistance. The service addresses first -/last -mile challenges in Palo Alto and provides a convenient and affordable transportation option for residents, employees, and vulnerable/transit-dependent populations. Finding and securing funding partners such as SRP is an integral strategy to establishing a long-term path forward for funding PAL transit services. The City Council approved the contract for this service in December 2022 and further discussed service levels and funding in April 2023 and as part of the FY 2025 budget process in May 2024. On December 12, 2022, the Council approved a contract with Nomad Transit LLC (Via) to provide on -demand transit services in the amount of $2,043,000 for up to two years, which the City conducted a formal solicitation for and was primarily funded through the 2016 Measure B Innovative Transit Grant ($2,000,000)1. On April 10, 2023, the Council approved contract Amendment No. 1 with Nomad Transit (increasing the NTE to $2,601,500 while keeping contract expiration date of December 31, 2024) in conjunction with approving a cost -sharing agreement with Stanford Research Park (SRP) to increase the service area of PAL to also serve the SRP, and have the SRP contribute (up to $372,000 annually) to the City to cover the increased cost of providing an expanded service areal. ANALYSIS A study session was held with the City Council in FY 2024 to discuss the service levels of this program to discuss the future of the program in light of the sunset of the Innovative Transit Grant. This discussion reviewed the funding necessary to support different levels of services in preparation for the FY 2025 budget process. During the FY 2025 budget process, the Finance Committee and City Council adopted a revised level of service and funding plan including changes to ride fares, partnerships with other agencies, and grant funding to lower the net financial impact on the City's General Fund. The FY 2025 Adopted Budget reflected gross program expenses of $1.2 million, shy of the $1.9 million to maintain FY 2024 services levels. Staff recommends approval of contract amendment #2 with Nomad Transit which reflects revised program costs to $1.5M for FY 2025; this included $0.3M in carryover funding from FY 2024 and a recommended total contract increase of $1.2M. Amendment #2 to the Nomad Transit contract will continue PAL on -demand transit operations until the end of FY 2025. This contract recommends a service level that maintains Palo Alto Link on -demand transit service Monday —Friday for a 12 -hour service span 7:00 am -7:00 pm, however, will result in an estimated 3-5 minutes or longer pick-up time; an estimated 20% to 25% increase in wait times for a ride pick-up. 1 CMR #14959, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82138 2 CMR #2303-1128, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82332 Item 10: Staff Report Pg. 2 Packet Pg. 292 of 378 Item 10 Item 10 Staff Report FY 2025 services funded by this contract amendment align with the FY 2025 Adopted Budget and reflect the following sources of funding and recommended additional actions in this report: • Transportation for Clean Grant (TFCA) of $441,000, administered by the Metropolitan Transportation Commission (MTC) and Valley Transportation Authority (VTA for electrifying its accessible van fleet and for continued operations of the PAL Service. • Recommended aooroval of cost-sharine agreement with Stanford Research Park (SRP' with a new cost basis methodology using a usage -based model. SRP will pay a pro -rata amount based upon the total monthly cost of the service and the percentage of trips to and from the SRP up to an annual maximum of $600,000. This reflects a significant change from the current funding of $372,000 annually. Upon Council action, the new agreement (Attachment B) will be in effect from September 1, 2024, to August 31, 2025. • Recommended amending the FY 2025 Municipal Fee Schedule for'On-Demand Transit Fares' increasing the fare for one-way fares from $0-$3.50 to $0-$4.00, increasing the Monthly Pass from $65 to $130, increasing Weekly Passes from $20 to $40, and eliminating discounted fares. This fare increase was discussed as part of the necessary funding strategies during the FY 2025 budget process and the recommended changes to the FY 2025 municipal fee schedule adjusts the fees (Attachment C). As noted in the ordinance, the fee increases will come into effect 30 days after the Council approves the ordinance. Outreach efforts to notify the public of the increase will occur through the City's website and notifications on the PAL app to inform riders of any fare changes. FISCAL/RESOURCE IMPACT The FY 2025 Adopted Operating Budget has sufficient funding to cover the increase in contract costs with no additional budgetary action required. The FY 2025 Adopted Budget includes $1.26 million in expenses with $764,000 in estimated revenues to support this program, resulting in $500,000 in net General Fund support. The estimated revenues reflect $441,000 in one-time grant funding from the Transportation Fund for Clean Air (TFCA), an additional $243,000 in SRP contributions, and $80,000 in additional fare revenue. Due to PAL being an on -demand service, revenues from the SRP and the fares can fluctuate with demand for service. In addition, the revised contract with SRP may result in up to $600,000 annually as noted above, however, as it is only a partial year and demand based, current budget assumptions reflect a more conservative revenue estimate more closely aligned with prior year funding levels. Staff will closely monitor PAL activity and bring forward budgetary adjustments to Council as needed with the expectation that the $500,000 in the City's General Fund support will not be increased in FY 2025. Ongoing, this program will continue to be evaluated annually as part of the budget process, this is a one year contract extension and therefore further actions would need to be brought forward for Council approval to continue services in FY 2026. Item 10: Staff Report Pg. 3 Packet Pg. 293 of 378 Item 10 Item 10 Staff Report STAKEHOLDER ENGAGEMENT Public engagement is ongoing since the program launched on March 7, 2023. Stakeholders targeted for notification of the now standard fare increase to $4 for all user types include Caltrain riders, commuters to Palo Alto, service providers targeting older adults, senior living communities, senior living communities, youth service providers, neighborhood groups, etc. Community engagement and marketing activities include tabling at community events and destinations and social media campaigns. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA under CEQA regulation 15061(b)(3). ATTACHMENTS Attachment A: Nomad Transit LLC (Via) Contract; C23184827 Amendment #2 Attachment B: Stanford Research Park Cost Sharing Agreement No. 63080569 Attachment C: Ordinance Amending the FY25 Municipal Fee APPROVED BY: Philip Kamhi, Chief Transportation Official Item 10: Staff Report Pg. 4 Packet Pg. 294 of 378 DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 Item 10 ATTACHMEIS Attachment A - Nomad Transit LLC (Via) Contract; C23184827 Amendment AMENDMENT NO. 2 TO CONTRACT NO. C23184827 #2 BETWEEN THE CITY OF PALO ALTO AND NOMAD TRANSIT, LLC This Amendment No. 2 (this "Amendment") to Contract No. C23184827 (the "Contract" as defined below) is entered into as of September 23, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and NOMAD TRANSIT, LLC, a Delaware limited liability corporation, located at 10 Crosby Street, 2nd Floor, New York, NY 10013 ("CONSULTANT"). CITY and CONSULTANT] are referred to collectively as the "Parties" in this Amendment. l:».>ti riI A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing transit and shuttle services, inclusive of equipment, transportation planning, customer engagement, and marketing services, labor and vendor services, and the technology to support services, as detailed therein. B. The Parties now wish to amend the Contract in order to increase the compensation by One Million, Two Hundred Thousand Dollars ($1,200,000.00) from Two Million, Six Hundred One Thousand, Five Hundred Fifty Dollars ($2,601,550.00) to a new total not -to - exceed Three Million, Eight Hundred One Thousand, Five Hundred Fifty Dollars (3,801,550.00) and extend the term by one year to expire December 31, 2025. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C23184827 between CONSULTANT and CITY, dated December 12, 2022, as amended by: Amendment No.1, dated April 10, 2023 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2, TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through December 31, 2025, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement." Vers.: Aug. 5, 2019 Page 1 of 6 Item 10: Staff Report Pg. 5 Packet Pg. 295 of 378 DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 Item 10 Attachment A - Nomad Transit LLC (Via) Contract; C23184827 Amendment SECTION 3. Section 4, "NOT TO EXCEED COMPENSATION" of th #2 eby amended to read as follows: "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 Three Million, Eight Hundred One Thousand, Five Hundred Fifty Dollars (3,801,550.00). 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 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit "B" entitled "Schedule of Performance, Amendment 1", AMENDED, REPLACES PREVIOUS. b. Exhibit "C" entitled "Compensation, Amendment No. 1", AMENDED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. 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.) Vers.: Aug. 5, 2019 Page 2 of 6 Item 10: Staff Report Pg. 6 Packet Pg. 296 of 378 DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 Item 10 Attachment A - Nomad Transit LLC (Via) Contract; C23184827 Amendment SIGNATURES OF THE PARTIES #2 IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO NOMAD TRANSIT, LLC City Manager Officer 1 By: APPROVED AS TO FORM: Name: Alex Lavoie Title: Manager City Attorney or designee Officer 2 C�v Vn,9Qbraws By: E asae1,=„ Name: Erin Abrams Title: Manager Attachments: Exhibit "B" - "Schedule of Performance, Amendment 1", AMENDED, REPLACES PREVIOUS. Exhibit "C" - "Compensation, Amendment No. 1", AMENDED, REPLACES PREVIOUS. Vers.: Aug. 5, 2019 Page 3 of 6 Item 10: Staff Report Pg. 7 Packet Pg. 297 of 378 DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 1*:4:I11111 SCHEDULE OF PERFORMANCE AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) Item 10 Attachment A - Nomad Transit LLC (Via) Contract; C23184827 Amendment #2 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/Weeks (as specified below)from NTP Finalized project scope By end of Week 6 Established service parameters By end of Week 6 Finalized data sharing plan By end of Week 6 Defined marketing plan By end of Week 6 Localized software suite By end of Week 7 Quality assurance and internal system testing completed By end of Week 7 Pre -launch driver and staff training completed By end of Week 7 Rider and Driver Apps available for download By end of Week 7 Fleet ready for live service By end of Week 12 Live field testing completed By end of Week 12 All pre -launch marketing completed By end of Week 12 M -F, 8a -6p transit services provided Ongoing delivery beyond service launch Feedback gathered from initial users Quarterly review Post -launch marketing and promotions plan initiated Monthly review Ongoing optimization of day-to-day operations Monthly review End of service marketing plan 6 weeks before anticipated transit services end Final reporting requirements completed Before final disbursement of funds Vers.: Aug. 5, 2019 Page 4 of 6 Item 10: Staff Report Pg. 8 Packet Pg. 298 of 378 DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 EXHIBIT C COMPENSATION, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) Item 10 Attachment A - Nomad Transit LLC (Via) Contract; C23184827 Amendment #2 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 TASK NOT TO EXCEED AMOUNT Task 1 (Upfront Costs) $92,500.00 + $13,500.00* Task 2 (Vehicle Hours (Up to Hours 41,275)) $2,503,050.00 + $1,186,500.00** Task 3 (Estimated Electricity Cost (To be Treated as a Pass -Through) $6,000.00 Sub -total for Services $3,801,550 Reimbursable Expenses (if any) $0.00 Total for Services and Reimbursable Expenses $3,801,550 Additional Services (if any, per Section 4) $0.00 Maximum Total Compensation $3,801,550 * The $13,500 is added by Amendment 2 for the cost of moving from hybrid vans to fully electric vans per TFCA requirements. Vers.: Aug. 5, 2019 Page 5 of 6 Item 10: Staff Report Pg. 9 Packet Pg. 299 of 378 DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 Item 10 Attachment A - Nomad Transit LLC (Via) Contract; C23184827 Amendment ** The $1,186,500 is added by Amendment 2. #2 Note: Pricing assumes that the Services provided hereunder are tax exempt and assumes service hours of Sam-6pm M -F. Pricing assumes launch within 4 months of contract signing. Estimated Electricity Cost assumes 2 active EVs with 171 Wh/km efficiency and electricity cost at $0.23 / kWh. Electricity costs will be treated as a pass -through. In the event that the Services cease to be tax exempt, such taxes will be treated as pass -through and charged 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: NONE up to the not -to -exceed amount of: $0.00. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Vers.: Aug. 5, 2019 Page 6 of 6 Item 10: Staff Report Pg. 10 Packet Pg. 300 of 378 DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 Certificate Of Completion Envelope Id: 7238E55BE54D4547A5AF46D088B873DC Subject: Complete with Docusign: 192520 Amendment 2 .pdf Source Envelope: Document Pages: 6 Signatures: 0 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 9/17/2024 9:23:05 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Alex laoie Alex@ridewithvia.com Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Erin Abrams Erin@ridewithvia.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tim Shimizu tim.shimizu@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada ed.shikada@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Holder: Lujan, Albert Albert.Lujan@CityofPaloAlto.org Pool: StateLocal Pool: City of Palo Alto Signature Signature Status Status Status Status Status Item 10 Attachment A - Nomad Transit LLC (Via) Contract; ` (� 11SI9Ii C23184827 Amendment Status: Se #2 Envelope Originator: Lujan, Albert 250 Hamilton Ave Palo Alto, CA 94301 Albert.Lujan@CityofPaloAlto.org IP Address: 199.33.32.254 Location: DocuSign Location: DocuSign Timestamp Sent: 9/17/2024 9:27:57 AM Viewed: 9/17/2024 12:47:46 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Item 10: Staff Report Pg. 11 l Packet Pg. 301 of 378 J DocuSign Envelope ID: 0388D583-16BF-4C2A-B907-1435893D3756 Carbon Copy Events Joseph Shin joseph.shin@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Payment Events Status Signature Signature Status Hashed/Encrypted Status Item 10 Attachment A - Nomad Timest Transit LLC (Via) Contract; C23184827 Amendment #2 Timestamp Timestamp Timestamps 9/17/2024 9:27:57 AM Timestamps Item 10: Staff Report Pg. 12 Packet Pg. 302 of 378 UOCU: 569 See next page for Forms and Instructions: PURCHASING GUIDE -APPENDIX L Item 10: Staff Report Pg. 13 Packet Pg. 303 of 378 E 1 OF 7 Docusign Envelope ID: 713D4200-78E8-499D-BB31-41EE899E7CC3 Item 10 Stanfo Attachment B - Stanford Research Park Cost Sharing Agreement No. 63080569 Cost -Sharing Agreement between the City of Palo Alto and Stanford for On -Demand Transit Services Contract #: I 63080569 BY THIS AGREEMENT MADE AND ENTERED INTO ON OCTOBER 7, 2024 BY AND BETWEEN THE CITY OF PALO ALTO ("CITY") AND THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY ("STANFORD"), 3215 Porter Drive, Palo Alto, CA 94304-1286. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: • CITY SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: EXHIBIT A - SCOPE OF SERVICES. • EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED Exhibit A - Scope of Services Exhibit B- Payment Plan Exhibit C- Insurance Requirements • TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON SEPTEMBER 1,2024 AND SHALL BE COMPLETED BY AUGUST 30, 2025 • COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: STANFORD SHALL PAY CITY AN AMOUNT NOT TO EXCEED $600,000 IN ACCORDANCE WITH EXHIBIT B. • CITY ACCOUNT NUMBER: COST CENTER GL ACCT PROJECT /INTERNAL ORDER PHASE NO. DOLLAR AMOUNT 66030004 31990 • GENERAL TERMS AND CONDITIONS ARE INCLUDED ON ALL PAGES OF THIS AGREEMENT. HOLD HARMLESS. Each party shall indemnify, defend and hold harmless the other party, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of the other party, its officers', directors', employees' or agents' negligent acts, errors, or omissions, or willful misconduct. ENTIRE AGREEMENT. This agreement and the terms and conditions on the following pages represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. PAGE 2 OF 7 Item 10: Staff Report Pg. 14 Packet Pg. 304 of 378 TRACTS Docusign Envelope ID: 713D4200-78E8-499D-BB31-41EE899E7CC3 Item 10 IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE D Attachment B - Stanford EAR FIRST WRITTEN ABOVE. Research Park Cost Sharing Agreement No. • PROJECT MANAGER AND REPRESENTATIVE FOR STANFORD OR CITY 63080569 Nathan Baird Office of Transportation P.O, BOX 10250 PALO ALTO, CA 94303 Telephone 650-329-2520 DocuSigned by: BY: ErDD924B502C064FC ofrtcio ('LbSS . TITLE: Procurement Director Date: 10/15/2024 • INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER • CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CITY DEPARTMENT ❑ Funds Have Been Budgeted (1) PURCHASING & CONTRACT ADMINISTRATION INSURANCE REVIEW (2) APPROVAL OVER $25,000 (3) PURCHASING MANAGER APPROVAL OVER $25,000 APPROVAL OVER $85,000 CITY OF PALO ALTO BY: ATTEST: BY: MAYOR CITY CLERK CITY ATTORNEY PURCHASING GUIDE —APPENDIX L Item 10: Staff Report Pg. 15 Packet Pg. 305 of 378 E 3 OF 7 Docusign Envelope ID: 713D4200-78E8-499D-BB31-41EE899E7CC3 CITY OF PALO ALTO GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. This agreement is limited to the terms and conditions on pages 1 through 4 inclusive and any exhibits referenced. B. GOVERNING LAW AND VENUE. This agreement shall be governed by the laws of the state of California. The courts of the State of California in the County of Santa Clara and the federal court for the Northern District of California have sole jurisdiction over any disputes that arise over this agreement. C. NO EMPLOYMENT; CONFLICTS. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between the CITY and undersigned. At all times CITY shall be deemed to be an independent contractor and STANFORD is not authorized to bind CITY to any contracts or other obligations. In executing this agreement, STANFORD certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. D. INSURANCE. STANFORD agrees to provide the insurance specified in the "Insurance Requirements" form attached hereto as Exhibit C or self -insure to equivalent standards. In the event STANFORD is unable to secure a policy endorsement naming the City of Palo Alto as an additional insured under any comprehensive general liability or comprehensive automobile policy or policies, STANFORD shall at a minimum, and only with the written approval of City's Risk Manager or designee, cause each such insurance policy obtained by it to contain an endorsement providing that the insurer waives all right of recovery by way of subrogation against CITY, its officers, agents, and employees in connection with any damage, claim, liability personal injury, or wrongful death covered by any such policy. Each such policy obtained by STANFORD shall contain an endorsement requiring thirty (30) days' written notice from the insurer to CITY before cancellation or reduction in the coverage or limits of such policy. STANFORD shall provide certificates of such policies or other evidence of coverage satisfactory to City's Risk Manager, together with evidence of payment of premiums, to CITY at the commencement of this agreement, and on renewal of the policy, or policies, not later than twenty (20) days before expiration of the terms of any such policy. CITY agrees to maintain insurance of equivalent standards as STANFORD. E. TERMINATION. This agreement may be terminated by either party upon thirty (30) days written notice to the other party. Monies then owing based upon work satisfactorily accomplished shall be paid to CITY. Item 10 Stanfo Attachment B - Stanford Research Park Cost Sharing Agreement No. 63080569 F. CHANGES. This agreement shall not be assigned or transferred without the written consent of the either party. No changes or variations of any kind are authorized without the written consent of the both parties. G. Reserved. H. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by either party shall operate as a waiver on the part of such party of any of its rights under this agreement. I. Reserved. J. Reserved. K. Reserved. L. Reserved. M. PRICE TERMS. Extra charges, invoices and payment. No extra charges of any kind will be allowed unless specifically agreed to in writing by CITY. All state and federal excise, sales and use taxes shall be stated separately on the invoices. In event CITY reduces its price for such materials or services during the term of this agreement, CITY agrees to reduce the prices or rates hereof correspondingly. N. Reserved. O. Reserved. P. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall give any rights to any person other than the Parties to this Agreement. Q. USE OF STANFORD TRADEMARKS. CITY agrees not to use Stanford's name or other Stanford trademarks (together referred to herein as the "Marks"), or the name or trademarks of any related organization, or to quote any of Stanford's faculty, staff, students, volunteers or agents ("Quotes"), either in writing or orally, without the prior written consent of STANFORD's Senior Director, University Brand Management. This prohibition includes, but is not limited to, use of the Marks or Quotes in press releases, advertising, marketing materials, other promotional materials, presentations, photographs for commercial use, case studies, reports, websites, application or software interfaces, and other electronic media. PAGE 4 OF 7 Item 10: Staff Report Pg. 16 Packet Pg. 306 of 378 TRACTS Docusign Envelope ID: 713D4200-78E8-499D-BB31-41EE899E7CC3 Item 10 EXHIBIT A - SCOPE OF SERVICES Attachment B - Stanford Research Park Cost Sharing Agreement No. In consideration for Stanford's payment under this Agreement, City shall: 63080569 1. Expand the City's On -Demand Transit program delivered under City contract C23184827or its successors with Nomad Transit LLC ("program") to include the Stanford Research Park during all regular hours of the program. 2. Provide free rides to and from the Stanford Research Park as part of the program in lieu of charging riders the regular fee. 3. Provide Stanford with ride data on a periodic basis regarding rides to/from Stanford Research Park. Such data will not include personal information of the riders. Page 5 of 7 Item 10: Staff Report Pg. 17 Packet Pg. 307 of 378 Docusign Envelope ID: 713D4200-78E8-499D-BB31-41 EE899E7CC3 Item 10 Attachment B - Stanford EXHIBIT B — PAYMENT PLAN Research Park Cost Sharing Agreement No. 1 63080569 Stanford shall pay City a pro -rata amount based upon the total monthly cost of the service and the percerriage-ora rps w mnd from the Standford Research Park (SRP), with a not -to -exceed annual amount of $600,000. For each month, the formula shall be the total monthly cost invoiced, multiplied by the total percentage of completed trips to and from the SRP with the trip data being provided by Nomad Transit LLC. Example of Monthly Billing to SRP: Monthly SRP % of all Total Monthly Month Invoice Total completed trips Cost to SRP January $ 100,000.00 35% $35,000 Item 10: Staff Report Pg. 18 Packet Pg. 308 of 378 Page 6 of 7 Docusign Envelope ID: 713D4200-78E8-499D-BB31-41EE899E7CC3 Item 10 EXHIBIT C - INSURANCE REQUIREMENTS Attachment B - Stanford Research Park Cost Sharing Agreement No. STANFORD WARRANTS THAT IT HAS INSURANCE TO SUPPORT THIS AGREEMENT AN 63080569 INTAIN COVERAGE FOR THE DURATION OF THIS AGREEMENT AS PROVIDED BELOW. CONTRACT IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY STATUTORY STATUTORY YES EMPLOYER'S LIABILITY STATUTORY YES GENERAL LIABILITY, INCLUDING BODILY INJURY $1,000,000 $1,000,000 PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $250,000 $250,000 - EACH PERSON $500,000 $500,000 YES AUTOMOBILE LIABILITY, - EACH OCCURRENCE INCLUDING ALL OWNED, HIRED, $100,000 $100,000 NON -OWNED PROPERTY DAMAGE NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE ALL DAMAGES $1,000,000 (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE Page 7 of 7 Item 10: Staff Report Pg. 19 Packet Pg. 309 of 378 *NOT YET APPROVED* Ordinance No. Item 10 ATT Attachment C - Ordinance Amending the FY25 Municipal Fee Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2025 Municipal Fee Schedule to Amend Existing Fees for City's Palo Alto Link On - Demand Transit Service 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. Through this ordinance, the City desires to increase on -demand transit service fees for its Palo Alto Link service in October 2024. The City will remove discounted fares, increase Monthly Passes to $130 per month, charge a fee from free up to $4.00 per passenger trip, and increase Weekly Passes to $40.00 per week. B. The increase of fees will assist the City in continuing sustainable operations of the Palo Alto Link after the successful majority grant -funded pilot in which the VTA provided $2 million has concluded. SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 2025 Municipal Fee Schedule by adopting the amended fees for on -demand transit as set forth in Exhibit "A" and incorporated here by reference. SECTION 3. The fees in this Ordinance are for a specific government service provided directly to the payor that is not provided to those not charged and which does not exceed the reasonable costs to the local government of providing the service or product. Pursuant to Art. XIII C, Section 1(e)(2) of the California Constitution, this fee is not a tax. SECTION 4. The Council finds that this ordinance is not a "project" under CEQA because it has no potential for resulting in either a direct or reasonable foreseeable indirect change in the environment. // // // // // // // 1 115 20240822 ts24 Item 10: Staff Report Pg. 20 Packet Pg. 310 of 378 *NOT YET APPROVED* Item 10 Attachment C - Ordinance Amending the FY25 Municipal Fee SECTION 5. This ordinance shall be effective upon adoption as an amendment to the City's FY25 budget and shall be implemented within 60 days of adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Mayor APPROVED: City Manager Chief Transportation Official Director of Administrative Services 2 115_20240822_ts24 Item 10: Staff Report Pg. 21 Packet Pg. 311 of 378 On -Demand Transit Discounted Fare Note- 1) Senior (age 65+) 2) Student (with current 1D& ytat identified) 3) Low Income (S 70K or kss annuoly) 4) Disabled (Self Attested) Monthly Pass On -Demand Transit - (Palo Alto Link) One -Way Fare Weekly Pass *NOT YET APPROVED* Attachment A Fiscal Year 2025 Municipal Fee Schedule Office of Transportation Fees Item 10 Attachment C - Ordinance Amending the FY25 Municipal Fee S3:OOpe►passcngcr trip $130.00 per month $0.00 - $4.00 per passenger trip 50.00- 54.00 per passenger trip $40.00 per week 115 20240522 1s24 3 Item 10: Staff Report Pg. 22 Packet Pg. 312 of 378 Item 11 Item 11 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Clerk Report Type: ACTION ITEMS Meeting Date: October 28, 2024 Report #:2409-3516 TITLE Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status — not a project RECOMMENDATION Staff recommends that City Council adopt a resolution establishing the City Council calendar of meetings, recesses, and City Council events for the calendar year 2025 which considers holidays and other dates to avoid for City Council meetings. BACKGROUND The City Council adopts a schedule of meetings for the upcoming calendar year every December. An adopted calendar allows the City Council to efficiently conduct the City's business and offer the City Council, staff, and the community the opportunity to better plan for meetings as well as other obligations. The proposed calendar includes City Council and standing Council committee meetings (City Schools Liaison, Finance, Policy & Services Committees). The Council Appointed Officers Committee meets on an as -needed basis and therefore is not included. The Council has also chosen to use ad hoc committees in recent years. These committees are not included in this calendar as they are dependent on discussion and action by the City Council at the 2025 Retreat/Priority Setting meeting. Per the City Council's Procedures and Protocols Handbook', ad hoc committees are not intended to be perpetual, but rather should be dissolved within a finite period of time once their specific tasks are complete. A report out from the City's ad hoc committees is tentatively scheduled for the December 16, 2024. Staff recommends that the City Council discuss ad hoc committees that may be needed for 2025 at the City Council's 2025 Retreat/Priority Setting Meeting, proposed for January 27, 2025. (Aligned with prior practice, the 2024 ad hoc committees could meet in January if time -sensitive work is needed during that time.) 1 City Council Procedures and Protocols Handbook, pg. 6 https://www.cityofpaloalto.org/files/assets/public/v/5/city-clerk/city-charterprocedures/adopted-council- protocols-and-procedures-manual.pdf Item 11: Staff Report Pg. 1 Packet Pg. 313 of 378 Item 11 Item 11 Staff Report Municipal Code Section 2.04.010 sets regular City Council meetings on the first three Mondays of each month at 5:30pm and requires the City Council to schedule its annual recesses by resolution. Municipal Code Section 2.04.200 establishes regular meeting frequencies for the Finance and Policy & Services standing Council committees as 7:00pm on the first and third Tuesday per month for Finance and 7:00pm on the second Tuesday per month for Policy & Services. The start times of standing Council committee meetings may be a discussion topic at the City Council's 2025 Retreat/Priority Setting Meeting or as part of the annual discussion of the Council Policies and Procedures. Staff, in partnership with the Mayor and Vice Mayor, may schedule additional special meetings should they be necessary for conducting City Council business. In previous years, the City Council periodically rescheduled regular meetings to avoid conflicts with City holidays and religious or cultural dates of significance per City Council direction. ANALYSIS The proposed 2025 calendar of City Council meetings, recesses, and events is included in Attachment A. The proposed calendar incorporates scheduling changes based on a list of dates to avoid meetings. Staff is proposing a list of days to avoid scheduling City Council meetings to increase transparency around the rescheduling of meetings and to offer a calendar consistent with the City's commitment to equity and inclusion. The list is intended to identify possible conflicts only with City Council meetings. Staff does not recommend scheduling standing Council committee meetings around these dates because committee actions are recommendations to City Council; interested parties have an opportunity to weigh in when the item advances to the full Council. The dates to avoid scheduling meetings fall into two categories: days on which City administrative offices are closed in observance of holidays, and certain City -recognized holidays and religious holidays. The City's Memoranda of Agreement with our represented employee labor groups recognize New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, July 4th, Labor Day, Indigenous People's Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas as paid days off. The MOAs include procedures and compensation for employees required to work on those days. Staff also included City -recognized holidays as well as religious holidays that could fall on Mondays and whose main celebrations begin in the evening, which would preclude observants from participating in City Council meetings. The proposed days to avoid scheduling meetings are: • New Year's Day (Wed, Jan 1, 2025) • Martin Luther King, Jr. Day (Mon, Jan 20, 2025) • Lunar New Year (Wed, Jan 29, 2025) • President's Day (Mon, Feb 17, 2025) • Eid al-Fitr (Sat, Mar 29, 2025) • Passover (Sat, Apr 12, 2025) • Memorial Day (Mon, May 26, 2025) Item 11: Staff Report Pg. 2 Packet Pg. 314 of 378 Item 11 Item 11 Staff Report • Eid Al-Adha (Fri, Jun 6, 2025) • Juneteenth (Thurs, Jun 19, 2025) • The Fourth of July (Fri, Jul 4, 2025) • Labor Day (Mon, Sept 1, 2025) • Rosh Hashanah (Mon, Sept 22, 2025) • Yom Kippur (Wed, Oct 1, 2025) • Indigenous Peoples' Day (Mon, Oct 13, 2025) • Veterans Day (Tues, Nov 11, 2025) • Thanksgiving Day (Thurs, Nov 27, 2025) • Day after Thanksgiving (Fri, Nov 28, 2025) • Christmas Day (Thurs, Dec 25, 2025) Note, Easter is not included on this list because it is typically observed on a Sunday and would not conflict with a City Council meeting date on a Monday. Action Item 1.3 of the 2024-2025 Equity Action Plant states: "Create a process that includes the Human Relations Commission (HRC) for annual calendar settings related to holidays and heritage months." In line with this Action Item, the HRC provided feedback on this topic at its October 10, 2024 meeting3. The HRC supported having the item return annually and expressed interest in additional public input in the future. The HRC also suggested the list be posted online. Staff added Lunar New Year to the list at the suggestion of the HRC. The also HRC suggested including Diwali. However, unlike the other holidays on the list, its primary observance is not tied to an evening. HRC also asked which of the dates to avoid would trigger the rescheduling of a City Council meeting in 2025. Of the list above, the following holidays fall on a Monday in 2025: • Martin Luther King, Jr. Day (Mon, Jan 20, 2025) • President's Day (Mon, February 17, 2025) • Memorial Day (Mon, May 26, 2025) • Labor Day (Mon, Sept 1, 2025) • Rosh Hashanah (Mon, Sept 22, 2025) • Indigenous Peoples' Day (Mon, Oct 13, 2025) Relatedly, the City Council began an exploration more broadly of holidays/dates of significance with the intention of increasing inclusivity as part of the City's equity goals. The current list is included as Attachment C. This expanded list could be used for general awareness, recognition, or sometimes proclamations. The HRC also reviewed these dates at its October meeting. 2 Equity Action Plan: https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/race-amp-equity/eguity- workplan-2024.pdf 3 Human Relations Commission, October 10, 2024; Agenda Item # 2, Staff Report # 2409-3515 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=53016 Item 11: Staff Report Pg. 3 Packet Pg. 315 of 378 Item 11 Item 11 Staff Report The curation of both the dates to avoid for City Council meetings and the broader list of holidays/dates of significance has been and will continue to be iterative. With input from the City Council, the HRC, and the whole community, staff will continue to refine them as appropriate each year. FISCAL/RESOURCE IMPACT There are no fiscal impacts associated with this action. STAKEHOLDER ENGAGEMENT Staff in multiple departments including the City Manager's Office, City Clerk's Office, and Community Services Department collaborated on the proposed schedule and list of dates to avoid meetings. The HRC discussed the proposed calendar at its October 10, 2024 public meeting, and solicited public input, including from the local faith community, before and during the meeting. ENVIRONMENTAL REVIEW This action is not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical change in the environment). ATTACHMENTS Attachment A: Proposed 2025 City Council and Standing Council Committee Meeting Schedule Attachment B: Draft Resolution Establishing the Council Calendar of Meetings, Summer and Winter Recesses, and Schedule of Events for Calendar Year 2025 Attachment C: Holidays and Dates of Significance APPROVED BY: Mahealani Ah Yun, City Clerk Item 11: Staff Report Pg. 4 Packet Pg. 316 of 378 2025 City Council and Standing Council Committee M Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule le Date Meeting Body January 6 City Council January 13 City Council January 21 City Council (Special) January 27 City Council (Special) — Annual Priority Setting Meeting February 3 City Council February 4 Finance Committee February 10 City Council February 11 Policy & Services Committee February 18 Finance Committee February 20 City/Schools Liaison Committee February 24 City Council (Special) March 3 City Council March 4 Finance Committee March 10 City Council March 11 Policy & Services Committee March 17 City Council March 18 Finance Committee March 20 City/Schools Liaison Committee March 24 City Council (additional if needed) March 31 City Council (additional if needed) April 1 Finance Committee April 7 City Council April 8 Policy & Services Committee April 14 City Council April 15 Finance Committee April 17 City/Schools Liaison Committee April 21 City Council April 28 City Council (additional if needed) May 5 City Council May 6 Finance Committee May 7 Finance Committee (Special) Item 11: Staff Report Pg. 5 Packet Pg. 317 of 378 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule May 12 City Council May 13 Policy & Services Committee May 15 City/Schools Liaison Committee May 19 City Council May 20 Finance Committee June 2 City Council June 3 Finance Committee June 9 City Council June 10 Policy & Services Committee June 16 City Council June 17 Finance Committee June 17 City Council (additional if needed) June 20 — August 3 Summer Recess August 4 City Council August 5 Finance Committee August 11 City Council August 12 Policy & Services Committee August 18 City Council August 19 Finance Committee August 21 City/School Liaison Committee August 25 City Council (additional if needed) September 2 Finance Committee September 8 City Council September 9 Policy & Services Committee September 15 City Council September 16 Finance Committee September 18 City/Schools Liaison Committee September 29 City Council (Special) October 6 City Council October 7 Finance Committee October 14 Policy & Services Committee October 16 City/Schools Liaison Committee October 20 City Council October 21 Finance Committee Item 11: Staff Report Pg. 6 Packet Pg. 318 of 378 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule October 27 City Council (Special) November 3 City Council November 4 Finance Committee November 10 City Council November 12 Policy & Services Committee (Special) November 17 City Council November 18 Finance Committee November 20 City/Schools Liaison Committee December 1 City Council December 2 Finance Committee December 8 City Council December 9 Policy & Services Committee December 15 City Council December 16 Finance Committee December 18 City/Schools Liaison Committee December 19 — January 4, 2026 Winter Recess City Council Events 2025 Monday, January 6, 2025 Council Reorganization Event Monday, January 27, 2025 Annual Priority Setting Meeting TBD State of the City June 20, 2025 — August 3, 2025 Summer Recess December 19, 2025 —January 4, 2026 Winter Recess Item 11: Staff Report Pg. 7 Packet Pg. 319 of 378 Dec 2024 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JANUARY 2025 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Feb S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 30 1 2 3 4 New Year's Day 5 6 7 8 9 10 11 City Council 12 13 14 15 16 17 18 City Council 19 20 21 22 23 24 25 Martin Luther City Council King Jr. Day (Special) 26 27 28 29 30 31 City Council (Special) Annual Priority Setting Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 8 Packet Pg. 320 of 378 Jan 2025 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FEBRUARY 2025 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Mar 2025 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Ly 30 1 2 3 4 5 6 7 8 City Council Finance 9 10 11 12 13 14 15 City Council Policy & Services 16 17 18 19 20 21 22 President's Day Finance City/Schools 23 24 25 26 27 28 City Council (Special) Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 9 1 Packet Pg. 321 of 378 Feb 2025 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARCH 2025 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Apr S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 8 City Council Finance 9 10 11 12 13 14 15 City Council Policy & Services 16 17 18 19 20 21 22 City Council Finance City/Schools 23 24 25 26 27 28 29 City Council (additional if needed) 30 31 ` 3 City Council (additional if needed) I Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 10 Packet Pg. 322 of 378 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Mar 2025 May S M T W T F S S M T W T F S 1 1 2 3 2 9 3 10 4 11 5 12 6 13 7 14 8 15 APRIL 4 2025 11 5 6 7 8 9 10 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 Finance 6 7 8 9 10 11 12 City Council Policy & Services 13 14 15 16 17 18 19 City Council Finance City/Schools 20 21 22 23 24 25 26 City Council 27 28 29 30 City Council (additional if I needed) Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 11 Packet Pg. 323 of 378 Apr 2025 S M T W 1 2 6 7 8 9 13 14 15 16 20 21 22 23 27 28 29 30 T F S S 3 4 5 1 170 18 19 MAY 2025 8 24 25 26 22 29 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Jun M T W T F S 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 23 24 25 26 27 28 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 29 ju 1 2 3 4 5 6 7 8 9 10 City Council Finance Finance (Special) 11 12 13 14 15 16 17 City Council Policy & City/Schools Services 18 19 20 21 22 23 24 City Council Finance 25 26 27 28 29 30 31 Memorial Day Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 12 Packet Pg. 324 of 378 May 2025 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JUNE 2025 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Jul S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 City Council Finance 8 9 10 11 12 13 14 City Council Policy & Services 16 17 18 I 15 19 20 21 I Finance City Council I City Council I Start of (additional if needed) I 23 24 25 Summer Recess 22 26 27 28 29 30 2 3 Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 13 Packet Pg. 325 of 378 Jun 2025 S M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3 15 16 17 18 19 20 21 JULY 2025 10 22 23 24 25 26 27 28 17 29 30 24 31 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Aug M T W T F S 1 2 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 30 1 2 3 4 4th of July 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 14 1 Packet Pg. 326 of 378 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Jul 2025 Sep2025 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 6 13 7 14 8 15 9 16 10 17 11 18 12 19 7 AUGUST 2025 14 8 9 10 11 12 13 15 16 17 18 19 20 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 29 30 31 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 29 ju jl 1 2 3 4 5 6 7 8 9 End of Summer City Council Finance Recess 10 11 12 13 14 15 16 City Council Policy & Services 17 18 19 20 21 22 23 City Council Finance City/Schools 24 25 26 27 28 29 30 City Council (additional if needeJ _ _ 31 4 Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 15 Packet Pg. 327 of 378 Aug 2025 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER 2025 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Oct S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 Labor Day Finance 7 8 9 10 11 12 13 City Council Policy & Services 14 15 16 17 18 19 20 City Council Finance City/Schools 21 22 23 24 25 26 27 28 29 30 City Council (Special) Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 16 Packet Pg. 328 of 378 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Sep 2025 S M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 OCTOBER 2025 2 9 21 22 23 24 25 26 27 16 28 29 30 23 30 M T W T F S 1 3 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 28 30 1 2 3 4 5 6 7 8 9 10 11 City Council Finance 12 13 14 15 16 17 18 Indigenous Policy & City/Schools People's Day Services 19 20 21 22 23 24 25 City Council Finance 26 27 28 29 30 31 City Council (Special) Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 17 Packet Pg. 329 of 378 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Oct 2025 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 18 NOVEMBER 2 0 2 5 7 8 9 10 11 12 13 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 29 30 1 2 3 4 5 6 7 8 City Council Finance 9 10 11 12 13 14 15 City Council Veterans Day Policy & Services (Special) 16 17 18 19 20 21 22 City Council Finance City/Schools 23 24 25 26 27 28 29 Thanksgiving Day after Thanksgiving 30 3 4 Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 18 Packet Pg. 330 of 378 Item 11 Attachment A - Proposed 2025 City Council and Standing Council Committee Meeting Schedule Nov 2025 Jan S M T W T F S S M T W T F S 1 1 2 3 2 9 3 10 4 11 5 12 6 13 7 14 8 15 DECEMBER 4 2025 11 5 6 7 8 9 10 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 City Council Finance 7 8 9 10 11 12 13 City Council Policy & Services 14 15 16 17 18 19 20 City Council Finance City/Schools Start of Winter Recess 21 22 23 24 25 26 27 Christmas 28 29 30 31 Administrative Offices/Facilities Closed Item 11: Staff Report Pg. 19 Packet Pg. 331 of 378 NOT YET APPROVED Resolution No. Resolution of the Council of the City of Palo Alto Establishin Council Calendar of Meetings, Summer and Winter Breaks, Schedule of Events for Calendar Year 2025 RECITALS Item 11 Attachment B - Draft Resolution Establishing the Council Calendar of Meetings, Summer and Winter Recesses, and Schedule of Events for Calendar Year 2025 A. Pursuant to Section 2.04.010 of the Municipal Code, the City Council must schedule its annual summer and winter breaks for each calendar year no later than the third meeting in February. for 2025. B. The Council also wishes to establish a calendar of meetings and schedule of events NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council's summer break for calendar year 2025 is scheduled for Friday, June 20, 2025 through Sunday, August 3, 2025 and its winter break is scheduled for Friday, December 19, 2025 through Sunday, January 4, 2026. SECTION 2. The City Council adopts a regular calendar of meetings of the Council, the Finance Committee, the Policy & Services Committee, and the City School Liaison Committee (including holidays and days of significance) and a schedule of Council events, which is incorporated into the resolution by reference. Council and committee meetings dates are subject to change as directed by the Mayor or committee chair in consultation with the City Manager or designee. // // // // // // // // 20231115 th 0140223 Item 11: Staff Report Pg. 20 Packet Pg. 332 of 378 NOT YET APPROVED Item 11 Attachment B - Draft Resolution Establishing the Council Calendar of Meetings, Summer and SECTION 3. The Council finds that the adoption of this resolution Winter Recesses, and the California Environmental Quality Act (CEQA) Guidelines 15378(b)(5) becau Schedule of Events for organizational or administrative activity that will not result in direct or indirect Calendar Year 2025 the environment and thus, an environmental assessment under CEQA is not required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: APPROVED: Mayor City Attorney City Manager 20231115 th 0140223 Item 11: Staff Report Pg. 21 Packet Pg. 333 of 378 Holidays & Dates of Significance Item 11 Attachment C - Holidays and Dates of Significance Holidays and Dates of Significance — Chronological Order The curation of this list is an iterative process. It is not exhaustive and will evolve over time based on input from the City Council, Human Relations Commission, and community members. New Year's Day Martin Luther King, Jr. Day Holocaust Remembrance Day Lunar New Year Black History Month President's Day Ramadan Women's History Month American Red Cross Month International Women's Day Eid al-Fitr International Transgender Day of Visibility Cesar Chavez Day Autism Awareness Month Palo Alto Day Dolores Huerta Day National Day of Silence (LGBTQI+) Passover Easter Earth Day Armenian Genocide Remembrance Day Arbor Day AAPI Heritage Month Older Americans Month Affordable Housing Month Mental Health Awareness Month Cinco de Mayo Shavout Memorial Day Pride Month Immigrant Heritage Month Juneteenth Eid al-Adha Juneteenth Independence Day Labor Day Emergency Preparedness Month Hispanic Heritage Month Rosh Hashanah Yom Kippur Item 11: Staff Report Pg. 22 Packet Pg. 334 of 378 Holidays & Dates of Significance Indigenous Peoples' Day Diwali National Native American Heritage Month Veterans Day Transgender Day of Remembrance Thanksgiving Day after Thanksgiving Hanukkah Las Posadas Christmas Kwanzaa Item 11 Attachment C - Holidays and Dates of Significance Item 11: Staff Report Pg. 23 Packet Pg. 335 of 378 Item 12 Item 12 Staff Report CITY OF PALO ALTO TITLE 2024 Council Priorities and Objectives O3 Report City Council Staff Report From: City Manager Report Type: INFORMATION REPORTS Lead Department: City Manager Meeting Date: October 28, 2024 Report #:2410-3615 RECOMMENDATION This is an informational report that provides progress updates on the 2024 Council Priorities and Objectives approved by the City Council on March 25, 2024. No action is needed. BACKGROUND On January 29, 2024, the Council held its annual retreat to approve the 2024 Council Priorities.' The Priority Setting Guidelines define a priority as a topic that will receive unusual and significant attention during the year. At the conclusion of the retreat, the City Council approved the following priorities: • Economic Development and Transition • Climate Change and the Natural Environment: Protection and Adaptation • Housing for Social and Economic Balance • Community Health, Safety, Wellness and Belonging Over a series of meetings the Council reviewed the proposed Objectives and on March 25, 2024, Council approved all of the 78 Objectives meant to reflect potential Council actions, be measurable and time -bound to make real progress in advancing Council Priorities.2 These are summarized in Attachment A of the report. ANALYSIS 1 City Council Retreat January 29, 2024 https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=13339 2 City Council Meeting March 25, 2024 https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=15043 Item 12: Staff Report Pg. 1 Packet Pg. 336 of 378 Item 12 Item 12 Staff Report Progress on Council Priorities is measured by the accomplishments of its subset objectives and reported on a calendar quarterly basis. Calendar Q3 spans the months July through September 2024. A summary table of all 78 objectives is listed in Attachment A, including an estimated completion date, which is also measured in calendar quarters. A narrative on each objective update is found in Attachment B, it includes: Project Description- Describes overall project goals and outcomes which may span beyond the calendar year. 2024 Milestone- Describes activities and outcomes planned for the calendar year as some projects are multi -year in length and are broken up into phases. ProjectStatus- • Completed - Project as described in the 2024 milestone is overall complete, though some minor/non-substantive follow-up may still be needed. • On -Track- Project is expected to be completed as specified. Any changes in project scope or timing due to Council direction or action will remain labeled On Track with the new estimated timeframe. • Behind Schedule/Not Started - The project estimated completion date may be delayed due to operational issues, capacity constraints (such as vacancies in staffing), or project has not started by the estimated completion date. • On Hold/Dropped - Project is not actively in progress or will no longer move forward in the current year. Reasons may include the issue is no longer relevant, operational constraints, or is stalled/dropped due to council direction. Estimated Completion - The calendar quarter in which the objective is expected to be completed. Department Lead - Identifies the lead department and project manager responsible for coordinating progress. Quarterly Update - a brief progress update on the project describes work reflected in the respective calenda quarter. Any delays or project issues will be reflected in this section. Of the 78 Council objectives supporting Council priorities, in the second quarter, a total of 24 have been completed (31%), 36 are on track (46%), 17 are behind schedule (22%), and 1 (1%) is on hold/dropped. Objectives with a revised estimated completion date are notated with an asterisk (*) in the revised estimated completion quarter and explanation in the Quarterly Update section of the objective summary in Attachment B. Item 12: Staff Report Pg. 2 Packet Pg. 337 of 378 Item 12 Item 12 Staff Report On On Behind Hold/ City Council Priority Area Completed Track Schedule Dropped Total Economic Development & Transition 1 6 5 0 12 (ED&T) Climate Change and the Natural Environment: Protection and 6 11 6 0 23 Adaptation (CC&NE) 6 12 3 1 22 Housing for Social and Economic Balance (HSEB) 11 7 3 0 21 Community Health, Safety, Wellness and Belonging (CHSW&B) 24 36 17 1 78 TOTAL FISCAL/RESOURCE IMPACT Resource impacts for the objectives' 2024 milestones have been identified and resourced through the FY 2024 and FY 2025 budget processes; however, any changes to scope may result in additional resources needed. Staff will assess any scope changes and bring forward recommendations for additional resources if needed as part of the FY 2025 Mid -Year Budget Review. STAKEHOLDER ENGAGEMENT In March 2024, Council was presented with community engagement strategies based on the approved 2024 Priorities and Objectives.3 There are various levels of community engagement and communication strategies to support each project, including internal coordination among City departments. ENVIRONMENTAL REVIEW The Council informational report on this item is not a project as defined by CEQA because the Council review of 2024 Priority Objectives is continuing administrative or maintenance activity. CEQA Guidelines section 15378 (b)(2). ATTACHMENTS Attachment A: 2024 Council Priorities and Objectives Summary Table Attachment B: 2024 Council Priorities and Objectives O3 Update APPROVED BY: Ed Shikada, City Manager 3 Community Engagement Strategies: https://cityofpa IoaIto. pri megov.com/Ports I/viewer?id=0&type=7&u id=97ef19a0-2521-4f09-aa0b-a804f7dad50c Item 12: Staff Report Pg. 3 Packet Pg. 338 of 378 2024 City Council Priorities and Obiectives: O3 Update ATTACHMENT A ■ # Objective Item 12 I Attachment A - 2024 Council Priorities and ai Objectives Summary Table imated Completion Ql O.2 Q3 Q4 Economic Development & Transition (ED&T) Focus on Commercial Corridors, Downtown and California Av 1 Facilitate the establishment of sustainable business organization in the Cal Ave, DT, and Midtown districts 2 Engage Cal Ave merchants on high priority, rapid implementation projects, i.e. barrier replacement, street cleaning, maintenance, access, signage x 3 Develop permanent Cal Ave car -free steetscape design through engagement with Cal Ave merchants and community stakeholders (h) x x x 4 5 Initiate preliminary analysis and stakeholder engagement on a car -free streetscape design for Ramona Street Approve prefrerred alternative for the University Ave Streetscape Plan in preparation for environmental review and funding options (i) 6 Develop pre -approved parklet designs with stakeholder outreach, for Council approval x 7 Implement ongoing parklet program in compliance with adopted parklet standards, leveraging pre -approved designs (e) x 8 Advance Downtown Parking garage in conjunction with advancement of affordable housing in the Downtown x 9 Advance complete build out of fiber pilot phase 1 with grid modernization x Support Economic Development and Business Transition 10 Establish regular engagement with retail brokers in the area to create stronger connections and understand how the City may be able to help promote available spaces 11 Research and evaluate options for implementing a public -private small and local business and incubation and vacant storefront program connecting landlords experiencing vacancy with small and local -businesses that may be seeking brick and mortar spaces 12 Conduct business stakeholder outreach and present to Council recommendations for a citywide retail zoning strategy and receive direction for zoning ordinance implementation (k) Climate LIMATE CHANGE & THE NATURAL ENVIRONMENT: PROTECTION & ADAPTATION (CC& Change Protection 13 Deploy 65,000 residential Advanced Metering Infrastructure (AMI) meters by end of 2024 (I) 14 15 Conduct community engagement and data collection and analysis to develop a Safe Streets for All (554A) Safety Action Plan for Council approval in AU Continue community engagement efforts to inform the update and receive Council feedback on the 2025 Bicycle and Pedestrian Transportation Plan (BPTP) characteristics in preparation for next steps including environmental review and adoption in 2025 (m) x 16 Complete initial pilot area of electric grid modernization (p) x 17 Initiate development of a model to transition gas utility including community outreach and policy discussions 18 Continue to improve the Advanced Heat Pump Water Heater Pilot Program in preparation for a full-scale program (q) x 19 Adopt a residential whole home electrification pilot program (r) x 20 Refine existing HVAC pilot program to encourage participation as a next step toward a 2025 Council approved commercial rooftop HVAC electrification advanced pilot program(s) x 21 Develop and approve an Electric Vehicle Strategic Plan (t) x 22 Develop an EV Replacement Program for the City Fleet x 23 Develop and initiate implementation of a Reliability and Resiliency Strategic Plan (u) x 24 Develop draft S/CAP funding study with Council input (v) x 25 Evaluate and report out Palo Alto Link pilot performance and consider continuation and/or expansion of future services x 26 gcommunity engagement parking policy updates improve program aligns mobility goals Begin en a ement to consider arkin olic that enhance customer satisfaction, ro ram sustainability, and with S/CAP x 27 Amend local building regulations to establish a "one Margin" energy efficiency standard, to allow installation of natural gas plumbing while imposing more stringent energy efficiency and all -electric readiness requirements to all new buildings 28 Initiate the 2026 California Building Standards Code update, including the California Green Building Standards Code x 29 Complete community engagement for the Airport's Long -Range Facilities & Sustainability Plan in accordance with Federal requirements and hold a study session with Council on the draft plan x 30 Council selection of a locally preferred alternatives for City Rail/Grade Separation project at Churchill Avenue, Meadow Drive, and Charleston Rd x Climate Change Adaptation: Flood Protection 31 Advocate for the San Francisquito Creek Flood Protection capital project (Reach 2) through Council's JPA representation and any Council approvals involved (w) x 32 Complete design and right-of-way acquisition, obtain regulatory permits, finalize project funding needs including potential Council advocacy with State legislators, and approve construction contract for the Newell Road Bridge Replacement project (x) 33 Coordinate with Federal and regional partners on a path forward exploring the development of a Sea Level Rise Adaptation Plan (5) x Natural Environment 34 Approve stream/creek corridor setback ordinance (4) x 35 Approve a bird safe glass and wildlife light pollution protections ordinance (6) HOUSING FO Advance Housing Plans 36 Approve project funding and a consultant contract to develop and identify housing opportunity sites through the Downtown Housing Plan, including community outreach (dd) x 37 Submit a compliant Housing Element to the state department of Housing and Community Development (eel x 38 Approve final North Ventura Coordinated Area Plan (NVCAP) (if) x 39 Receive Cal Poly San Luis Obispo student -led concept plan for San Antonio Corridor x 40 Approve consultant contract to initiate a Specific Plan for San Antonio Road Corridor including project goals and outcomes (8) x Implement 41 Housing Production Policies Initiate a review and make recommendations for a possible extension of the Housing Focus area to other geographic locations along El Camino Real x 42 43 Evaluate sources and methods for raising significant runainupport affordable housing Conduct a policy review with criteria for Notice of Funding Availability (NOFA) x x 44 45 Approve a consultant contract to assess housing development impact fees for the conversion from a per unit to per jp foot basis Refine implementation of City's 5B9 objective development and urban lot split standards (HSEB 14) (II) x x 46 47 Adopt an ordinance that implements Housing Element Program 3.4 related to the housing incentive Amend the municipal fee schedule and prepare economic feasibility analysis that implements Housing Element Program 3.1 related to fee waivers and adjustments x x 48 49 Initiate a study implementing Housing Element Program 6.5 related to alternative housing types Adopt an ordinance implementing various Housing Element Programs x 50 Support Initiate analysis to amend the zoning code to implement Housing Element Program 3.9 related to commercial floor area Unhoused Service Initiatives x 51 Partner with Santa Clara County Housing Authority to achieve 2024 milestones on construction timeline for Palo Alto Homekey project to provide transitional housing and services for Unhoused residents (pp) 52 Conduct a gap analysis of housing and services for the unhoused in Palo Alto, considering Council direction, City activities and work, and County activities and work x 53 Initiate research to understand Palo Alto unhoused population and explore feasibility of expanding safe parking options on Geng Road Renter Protection Policies x Advance 54 Council discussion of possible ordinance related to fair chance renter policy x 55 Council discussion of possible anti -rent gouging policy x 56 Finalize development plan to maintain affordability and improve conditions at Buena Vista Mobile Park x 57 Approve a service contract to initiate Renter Registry implementation (cc) COMMUNITY HEALTH, SAFETY, WELLNESS & BELONGING (CHSW&B) Mental & Physical Health and Belonging 58 Complete reopening of libraries to budgeted level (rr) x 59 Approval of multi -year agreement for provisions of animal shelter services (ss) 60 Develop a workplan to enhance community special events with focus on inclusion (tt) Reach a tentative agreement with PAUSD on long term use of the Cubberley property (uu) x 61 x 62 Evaluate Recreation Wellness Center Feasibility (w) x 63 Evaluate HSRAP funding allocation as a percent (%) of the General Fund (11) x 64 Facilitate a location for La Comida in North Palo Alto (12) x 65 Increase support and funding for youth mental health (13) x 66 Complete Trusted Response Urgent Support Team (TRUST) Augmentation pilot and evaluate the effort x Invest in Reliable Safety Infrastructure and Systems 67 Support visible police presence by ensuring stable staffing (recruiting and retention) through hiring ahead program (ww) x 68 Initiate upgrade of Police Department field based video hardware x 69 Approve vendor selection for 911 dispatch system (CAD provider) (yy) x 70 Approve updated Local Hazard Mitigation Plan (aaa) x 71 Update Foothills Fire Management Plan and Community Wildfire Protection Plan (bbb) x 72 Complete construction of the new Public Safety Building including department move -in (ccc) x 73 Council award of a construction contract for Fire Station No. 4 Replacement (ddd) x 74 Enhance Caltrain Safety and security x 75 Approve consulting contract to initiate work, including stakeholder engagement, related to the Seismic and Resiliency Ordinance (eee) x Reduction of Noise and Air Quality Pollution 76 Initiate work to conduct a Quiet Zone study at Churchill Ave, Meadow Drive, and Charleston Rd and begin initial analysis and regional stakeholder outreach x 77 Implement strategies for promoting unleaded fuel and phasing out leaded fuel (ggg) x 78 Continue engagement with San Francisco Airport on SFO's Ground impacts on Palo Alto (iii) Based Augmentation S stem GBAS ro'ect and other otential opportunities to decrease SFO noise x Item 12: Staff Re ort P 4 P g• Packet Pg. 339 of 378 Total 78 Objectives Objectives with a revised estimated completion date are notated with an asterisk 11 in the revised estimated completion quarter 2024 City Council Calendar O3 Update Overall Progress Item 12 Attachment B - 2024 TB Council Priorities and Priorities & O b j e ct i Objectives Q3 Update ■Completed ■ On Track 29b Behind Schedule/ Not Started 1% ■ On Hold/ Dropped Of the 78 Council objectives supporting Council priorities, in the second quarter, a total of 24 have been completed (31%), 36 are on track (46%), 17 are behind schedule (22%), and 1 (1%) is on hold/dropped. Economic Development & Transition 50% ■ Completed ■ On Track 42% Behind Schedule/ Not Started 1 2 ■ On Hold/ Dropped ED&T 1. Facilitate the establishment of sustainable business organization in the Cal Ave, DT, and Midtown districts Project Manager: Steve Guagliardo Lead Dept: CMO Estimated Completion: O4 Status: Project Description: Work to meet monthly with local businesses on a 'by district' basis to increase communication, collaboration, and foster business organizing in each district. 2024 Project Milestones: Actively work with stakeholders in the California Ave, University Avenue Downtown, and Midtown districts to convene on a regular basis and enhance communications between the City and business stakeholders. Item 12: Staff Report Pg. 5 Packet Pg. 340 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Quarterly Update: Objectives Q3 Update California Avenue has been meeting monthly since December 2023. Staff convened University Ave Downtown stakeholders in May and will continue to do so monthly. Midtown met monthly beginning in the fall of 2023 but have asked for a brief pause so they can explore options to better organize themselves. Staff will continue to partner with businesses in these districts to promote shared stewardship of the City's commercial districts. ED&T 2. Engage Cal Ave merchants on high priority, rapid implementation projects, i.e. barrier replacement, street cleaning, maintenance, access, signage and outdoor dining guidelines Project Manager: Bruce Fukuji Lead Dept: CMO Estimated Completion Q2* Status: Behind Schedule Project Description: Work with California Avenue stakeholders on immediate improvements to the street in parallel to the long-term car -free streetscape design. 2024 Project Milestones: Project goals include Barrier Cover Replacement, enhanced street cleaning and maintenance, and signage off El Camino Real directing folks to California Avenue parking garages, and outdoor dining guidelines. Quarterly Update: Over the past few months, several short-term improvements have been made. The barrier cover replacement has been completed, street cleaning and maintenance efforts have increased, and traffic signage directing drivers to parking garages has been installed along El Camino Real. Bids have been received for paving, bollard, planter, and planting projects. Design drawings for the paving, bollard, and planter installations are being updated. Coordination with Caltrans is underway for stamped crosswalks and bike lane markings at the El Camino Real intersection, while staff and Fehr & Peers are completing the encroachment permit application to Caltrans. In July, meetings were held with merchants to discuss their preferences for outdoor dining guidelines, and Urban Field Studio has been tasked with preparing these guidelines. *Revised estimated completion date is now O4. ED&T 3. Develop permanent Cal Ave car -free streetscape design through engagement with Cal Ave merchants and community stakeholders (h) Project Manager: Bruce Fukuji Lead Dept: CMO Estimated Completion Q3* Status: Behind Schedule Project Description: Develop a feasible, achievable community and business supported street design concept to modify and permanently designate California Avenue as a car -free, bicycle friendly, outdoor dining, shopping and public space environment, including guidelines for outdoor dining, signage and wayfinding. 2024 Project Milestones: Develop near and long-term signage and wayfinding concepts; conduct merchant, resident, and stakeholder engagement; analyze existing mobility and circulation; develop preliminary and alternative streetscape design concepts and probable cost estimates; select and refine a preferred design; evaluate legislative options; assess CEQA needs; and develop implementation plan. Quarterly Update: Staff and Urban Field Studio met with merchants to discuss their preferences for outdoor dining. Additionally, staff addressed pedestrian and bicycle configurations as well as farmers' market stall layouts with Palo Alto Neighborhoods, the Pedestrian and Bicycle Advisory Committee (PABAC), and Item 12: Staff Report Pg. 6 Packet Pg. 341 of 378 Item 12 Attachment B - 2024 TB Council Priorities and the Farmers' Market. Urban Field Studio is completing the signage and wayfindi(objectives Q3 Update J prepare draft guidelines for outdoor patios. An online survey, which received 930 responses, gathered community preferences for signage and street design elements. Staff are now developing two street design alternatives incorporating feedback from the survey. *Based on current progress, this objective will likely complete in Q4. ED&T 4. Initiate preliminary analysis and stakeholder engagement on a car -free streetscape design for Ramona Street Project Manager: Ashwini Kantak Lead Dept: CMO Estimated Completion: O4 Status: Project Description: Conduct environmental analysis and bring forward permanent closure of street for Council action. Engage stakeholders and develop outdoor dining standards, wayfinding signage, and street enhancements that reflect the historic designation of this portion of Ramona Street. 2024 Project Milestones: Engage a consultant for CEQA and a consultant for the design and outdoor dining standards. Conduct stakeholder engagement, perform environmental analysis to support permanent closure of a portion of the street to vehicular traffic, and begin development of outdoor dining standards. Quarterly Update: Selected design consultant in late August and will be bringing contract approval forward for Council consideration this year. CEQA analysis, stakeholder engagement, and development of outdoor dining standards for Ramona will take place later in 2024. ED&T 5. Approve preferred alternative for the University Ave Streetscape Plan in preparation for environmental review and funding options (i) Project Manager: Holly Boyd Lead Dept: PW Estimated Completion: Q3* Status: Behind Schedule Project Description: Develop and implement a streetscape plan for University Avenue that is approved by Council and supported by property owners. 2024 Project Milestones: Following approval of consultant contract amendment, approve concept plan and next steps to secure capital funding. Quarterly Update: On June 3, 2024, Council provided direction on the vision, goals, design concepts and stakeholder engagement strategy. Through summer 2024, staff is continuing to progress this work including convening stakeholders to provide input on the streetscape project. The first stakeholder working group meeting was held on September 10, staff will continue to engage this group and the community at large. Updates on the project will continue to be provided through the Retail Committee and staff anticipates that a preferred concept plan along with alternatives and cost estimates will be presented to Council in December. * Revised estimated completion is now O4. Item 12: Staff Report Pg. 7 Packet Pg. 342 of 378 Item 12 Attachment B - 2024 TB Council Priorities and ED&T 6. Develop pre -approved parklet designs with stakeholder outreach, for 1 Objectives O3 Update Project Manager: Ashwini Kantak Lead Dept: CMO Estimated Completion: Q2 Status: Project Description: To support business operations during the pandemic, outdoor dining and retail were allowed to extend outdoors. A temporary parklet program within City rights -of -way was adopted by Council to facilitate economic recovery efforts and provide guidance on structure regulations. The next phase of the program formalizes the parklet program and creates an ongoing parklet ordinance. 2024 Project Milestones: Develop a parklet prototype, conduct business engagement for Council adoption. Quarterly Update: Pre -approved parklet designs were approved by the Architecture Review Board in May 2024. On June 10, the City Council approved revisions to the ongoing parklet program regulations and the parklet designs and draft user guide. Pre -approved parklet design shop drawings and associated user guide were made available for use in mid -August. ED&T 7. Implement ongoing parklet program in compliance with adopted parklet standards, leveraging pre -approved designs (e) Project Manager: Ashwini Kantak Lead Dept: CMO Estimated Completion: Q4 Status: On Track Project Description: To support business operations during the pandemic, outdoor dining and retail were allowed to extend outdoors. A temporary parklet program within City rights -of -way was adopted by Council to facilitate economic recovery efforts and provide guidance on structure regulations. The next phase of the program formalizes the parklet program and creates an ongoing parklets ordinance. 2024 Project Milestones: Develop pre -approved designs and user guide, conduct business engagement, and prepare an ordinance for Council adoption. Quarterly Update: Updated standards for the ongoing parklet program were adopted by Council on June 10, 2024. Through the summer the City worked with parklet operators to implement the ongoing parklets program. Implementation and phased enforcement of the ongoing parklets program were carefully coordinated to minimize disruption of outdoor dining in existing parklets through the summer months and to allow re -built or new parklets to leverage the pre -approved designs. ED&T 8. Advance Downtown Parking garage in conjunction with advancement of affordable housing in the Downtown Project Manager: Julia Knight Lead Dept: PDS Estimated Completion: Q4 Status: On Track Project Description: Resume work on a new parking structure in the Downtown core on a City surface parking lot to help attract visitors downtown. Pursue refined proposals for potential affordable housing development on the Lytton / Kipling Lot T at 450 Lytton Avenue, or elsewhere, with parking for residents and the public. 2024 Project Milestones: Staff anticipates continuing through creation of a Request for Refined Proposals to identify a development partner for this work. Quarterly Update: Item 12: Staff Report Pg. 8 Packet Pg. 343 of 378 Item 12 Attachment B - 2024 TB Council Priorities and A request for refined proposals was sent in late September to the two firriobjectives Q3 Update to the initial request for information; responses are required by the end of October. It is anticipated staff will bring the responses to Council for their consideration and potential development partner selection in December. ED&T 9. Complete build out of fiber pilot phase 1 with grid modernization Project Manager: Alex Harris Lead Dept: UTL Estimated Completion: Q4* Status: Project Description: The City is advancing a pilot phase 1 of fiber with grid modernization to bring reliable and faster broadband, high-speed internet services directly to companies and homes, supporting business and remote workers. The City recently completed the pilot design for the Palo Alto Fiber project and aligned with the electric grid modernization to capitalize on economies of scale and reduce neighborhood disruptions. 2024 Project Milestones: Complete buildout of fiber and grid modernization pilot. Issue RFP for Operating Support Systems/Business Support Systems (OSS/BSS) and invitation for construction bids for phase 1 implementation. Quarterly Update: The start of fiber construction in the pilot areas depends on two key milestones: the installation of the fiber hut at the Colorado power station and the completion of pole replacement and preparation work. Staff is finalizing the fiber hut design and collaborating with vendors to prepare the internal building and fire permits for review. The fiber hut is expected to be installed by the end of 01 2025. Electric pole work, including pole replacements and hanging messenger wires, is currently underway and on track for completion by 01 2025. Fiber cables can be strung once this work is finished. The RFP for the OSS/BSS software is also in progress. Existing fiber construction and IT networking equipment contracts will be utilized to build out the pilot area, while new RFPs for the remaining areas in Phase 1 will be issued next year. *Based on estimated progress, the objective may be completed by 01 2025. ED&T 10. Establish regular engagement with retail brokers in the area to create stronger connections and understand how the City may be able to help promote available spaces Project Manager: Steve Guagliardo Lead Dept: CMO Estimated Completion: O4 Status: Project Description: Strengthen relationships with commercial brokers, address perceived deficiencies identified by brokers in City processes, and work with brokers to reduce vacancies and increase economic vitality. 2024 Project Milestones: Create a directory of commercial brokers operating in Palo Alto and develop a calendar of regular outreach to brokers. Address information gaps that brokers identify through conversations. Quarterly Update: Staff has met with brokers numerous times on an ad hoc, issue -by -issue basis and raised the idea of a more formal meeting with different brokerages. This has been met with interest and staff will develop options to convene brokers with City staff to further strengthen relationships. This could include a 'broker breakfast' or similar event. Item 12: Staff Report Pg. 9 Packet Pg. 344 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update Staff also conducted semi -structured interviews with several brokers. These interviews gave brokers a forum to discuss how the City could better support their efforts. These discussions have already produced positive outcomes, including increased broker engagement at our Retail Committee meetings. ED&T 11. Research and evaluate options for implementing a public -private small and local business and incubation and vacant storefront program connecting landlords experiencing vacancy with small and local -businesses that may be seeking brick and mortar spaces Project Manager: Steve Guagliardo Lead Dept: CMO Estimated Completion: Q3* Status: Behind Schedule Project Description: Explore options for activating vacant spaces, either through short-term activations of vacant storefronts or coordinating longer -term public/private partnerships 2024 Project Milestones: In 2024, staff will be researching other cities' programs, including Santa Cruz Downtown POPS! as well as San Francisco's "Vacant to Vibrant" program. Quarterly Update: Staff has begun preliminary research and is working to schedule interviews with Economic Development counterparts in Santa Cruz and San Francisco to discuss each city's respective program. Staff anticipates discussing this topic with the Retail Committee in Q4 of 2024. *Revised estimated completion date is Q4 ED&T 12. Conduct stakeholder outreach and present recommendations to Council for a citywide retail zoning strategy and receive direction for zoning ordinance implementation. Project Manager: Jonathan Lait Lead Dept: PDS Estimated Completion: Q2* Status: Behind Schedule Project Description: Prepare a report identifying recommendations for Council consideration and direction to support a thriving retail environment through zoning code changes related to retail land use definitions, permitted or conditionally permitted uses, the retail preservation ordinance and related recommendations from the Streetsense Economic Development Strategy Report. Following acceptance of a consultant -prepared findings and strategy report, prepare an ordinance amending the City's zoning code as directed by Council. 2024 Project Milestones: Continue consultant and staff work that involves evaluating the City's current land use zoning regulations in commercial areas, conduct outreach to learn more about local business experiences and best practices regionally, prepare associated analysis, and review and incorporate Streetsense Economic Development Strategy Report recommendations. Present findings and obtain a recommendation from the Planning and Transportation Commission (PTC). Present findings and strategy report to City Council and receive implementation direction. (Phase I: O2) Quarterly Update: The Planning and Transportation reviewed the consultant recommendations on May 8, 2024 and August 14, 2024. The PTC identified near-, mid- and long-term retail zoning recommendations. The Council's Retail Committee reviewed the recommendation on September 18, 2024. Staff anticipates Item 12: Staff Report Pg. 10 Packet Pg. 345 of 378 Item 12 Attachment B - 2024 Council Priorities and bringing the Ad Hoc's immediate and near -term recommendations to the full Co Objectives Q3 Update the end of the year. *Revised estimated completion date is now 04. TB Item 12: Staff Report Pg. 11 Packet Pg. 346 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives O3 Update Climate Change & Natural Environment: Protection & Adaptation ■ Completed ■ On Track 26% Behind Schedule/ Not Started ■ On Hold/ Dropped CC&NE 13. Deploy 65,000 residential Advanced Metering Infrastructure (AMI) meters by end of 2024 (I) Project Manager: Dave Yuan Lead Dept: UTL Estimated Completion: Q4* Status: Behind Schedule Project Description: The City of Palo Alto Utilities (CPAU) is upgrading the City's utility metering system with electronic meters to utilize grid technology called Advanced Metering Infrastructure (AMI). AMI is becoming a standard in the utilities industry, enabling interval utility usage data and time -of -use rates for homes and businesses to the benefit of electric, natural gas, and water utility customers. CPAU will replace old legacy electric meters with new advanced electric meters and retrofit existing water and gas meters with AMI radios, starting with residential meters. 2024 Project Milestones: Staff is working to deploy all 65,000 residential AMI meters by end of 2024, but this work may extend into the first half of 2025. Quarterly Update: As of September 17, 2024, 42,000 of 65,000 residential meters (65%) had been installed. The AMI project is delayed due to supply chain shortage of electric residential meters. Of the 30,000 electric meter replacements, approximately 19,000 or 66% are on back order. The City is expecting delivery of these electric meters by end of October 2024. The revised completion date for residential AMI meters is March 2025 assuming meters are available. *Based on current progress, this objective is estimated to be completed in Q1 2025 CC&NE 14. Conduct community engagement and data collection and analysis to develop a Safe Streets for All (SS4A) Safety Action Plan for Council approval in 2024 Project Manager: Sylvia Star -Lack Lead Dept: OOT Estimated Completion: Q4 Status: On Trac Project Description: Pursuing the City's Comprehensive Plan goal for roadway safety, the Safe Streets for All (SS4A) Safety Action Plan, will target eliminating traffic deaths and life -changing injuries on local streets. Item 12: Staff Report Pg. 12 Packet Pg. 347 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update J Safety Action Plan development is critical to reaching Sustainability and Climate Action Plan (S/CAP) goals because improving safety for vulnerable road users is key to reducing vehicle miles traveled (VMT) and increasing green travel. 2024 Project Milestones: Conduct community engagement and data collection/analysis to develop SS4A Safety Action Plan with a goal of reducing severe traffic injuries to zero and align City practices, projects, and policies with the Safe System Approach. Quarterly Update: On April 29, 2024, the Council received an informational report on collision data analysis as part of the ongoing development of the City's Safe Streets for All (SS4A) Safety Action Plan. Staff began community engagement efforts at the Earth Day Festival on April 21, and the project team tabled at the May Fete Fair on May 4. These events provided an opportunity to engage with community members before preparing the Draft Safety Action Plan. The community feedback gathered will help prioritize projects and integrate the Safe System Approach into the City's existing policies and guidelines. A draft Safety Action Plan is currently being reviewed by staff and will be presented for public review in late 2024 in anticipation of final plan adoption in early 2025. CC&NE 15. Continue community engagement efforts to inform the update and receive Council feedback on the 2025 Bicycle and Pedestrian Transportation Plan (BPTP) characteristics in preparation for next steps including environmental review and adoption in 2025 (m) Project Manager: Ozzy Arce Lead Dept: OOT Estimated Completion: Q4* Status: Project Description: Update the existing 2012 Bicycle and Pedestrian Transportation Plan (BPTP) to evaluate progress, reflect current community needs and desires, adjust recommendations for new policies, facilities, and programs, and to address changes in bicycling and pedestrian planning and design. The City Council's adoption of the BPTP Update is anticipated for Fall 2025. 2024 Project Milestones: Starting in summer 2024 and through Fall 2024 the project team will develop criteria that will lead to identifying and prioritizing project, program, and policy recommendations and community engagement in Fall 2024 to refine the recommendations. Staff will then bring draft recommendations for Council consideration and review by the end of 2024. Quarterly Update: Phase 3 of 5 of the project, titled "Recommended Bicycle Network, Projects, and Programs," is currently underway. The project team is developing a community engagement strategy for this phase, which will include multiple public meetings and extensive outreach. This will involve meetings with the City's Pedestrian and Bicycle Advisory Committee (PABAC), local parents, the Planning and Transportation Commission (PTC), the Parks & Recreation Commission (PRC), the Rail Committee, and two neighborhood meetings, starting in Fall 2024 and continuing into early 2025. A City Council meeting is also anticipated for early 2025. The team will seek feedback to refine draft recommendations for the Draft Plan Update, including the proposed bicycle network, recommended programs and policies, project selection criteria, and updates to the project's Vision, Objectives, and Performance Measures. *Based on progress, this objective may be completed by Q1 2025 Item 12: Staff Report Pg. 13 Packet Pg. 348 of 378 Item 12 Attachment B - 2024 TB Council Priorities and CC&NE 16. Complete initial pilot area of electric grid modernization (p) LObjectivesQ3 Update Project Manager: Tomm Marshall Lead Dept: UTL Estimated Completion: O4 Status: Project Description: The City's planned project includes the modernization of the systematic grid and incorporates the goals and key actions from the Grid Modernization Study to prepare for widespread electrification in support of the S/CAP goal of an 80 percent carbon reduction by 2030. This project is coordinated with the Fiber to the Home pilot. Staff has identified an initial pilot area bounded by Louis, Amarillo, 101, and Embarcadero that includes about 1200 homes. Upon completion, there is a larger "Phase 1" area of about 6,200 homes. 2024 Project Milestones: By the end of 2024 staff intends to complete upgrades to the initial pilot area. Quarterly Update: As of September 2024, the engineering design work has been completed and is awaiting action from Operations, pending the arrival of secondary wire from the manufacturer. Staff is actively working with pole, transformer, and overhead cable suppliers to secure the necessary components to complete Phase 1 of the grid modernization project. Five additional poles have been added to the replacement list, bringing the total to 74 poles in the Pilot Area. To date, 61 out of 74 poles (82%) have been replaced, and a significant portion of the tree trimming work has been completed. Additionally, 675 out of 1,290 residences (52%) in the Pilot Area now have sufficient electrical capacity for electrification. The Pilot Area remains on track for completion by O4. CC&NE 17. Initiate development of a model to transition gas utility including community outreach and policy discussions Project Manager: Matt Zucca Lead Dept: UTL Estimated Completion: O4 Status: - - Project Description: A study is planned to assess the infrastructure needs and financial implications of managing the gas utility as gas sales decline. The first phase involves using consultant resources to develop a gas system model that simulates changing flows as electrification advances. This model will help identify which sections of the gas system can be decommissioned first. The current system is a grid network of pipes, with larger pipes delivering gas to remote or high -usage areas. The model will evaluate the impact of removing large portions of the gas system, such as residential areas that have transitioned to electrification, and assess the remaining network's ability to meet demand during the transition. The gas model will determine the minimum future gas grid needed to support reduced demand and estimate the capital and operational costs of system retirement. These costs will be used to model the rate impacts of declining gas sales and to develop policy options to mitigate the impact on customers who have not yet electrified. 2024 Project Milestones: Approve consultant contract to develop the gas model. Quarterly Update: Staff have selected a consultant to perform the modeling of the gas system and has finalized the professional services agreement. Work has started and is a balanced gas system model is anticipated around January 2025. Item 12: Staff Report Pg. 14 Packet Pg. 349 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update CC&NE 18. Continue to improve the Advanced Heat Pump Water Heater Pilot Program for a full- scale program (q) Project Manager: Jonathan Abendschein Lead Dept: UTL Estimated Completion: O4 Status: Project Description: Launch the Advanced Heat Pump Water Heater Pilot Program approved by Council and achieve a significant increase in the installation rate year over year, converting to a full-scale program if warranted. 2024 Project Milestones: In 2024 staff will continue to improve the Advanced Heat Pump Water Heater Pilot program operations and marketing with the goal of significantly increasing the installation rate by the end of 2024 if supported by demand. Quarterly Update: Staff was tasked with increasing participation in the Advanced Heat Pump Water Heater (HPWH) Pilot Program, which includes both a full -service component, where the City completes the installation, and a rebate component, where customers find their own contractors. In Q1 -Q3 staff worked to improve the programs and increase signups: • Innovative outreach: targeted online and social advertisements, community canvassing, in - person events, and mailers in addition to traditional outreach. • A customer feedback outreach effort to improve customer satisfaction was completed in early 2024 and several program improvements were implemented. • Kept pricing low after State incentive expired using Council -approved budget (April 2024) • Expanded outreach to income -qualified residents. • Launched emergency replacement program (Sep 2024) • Establishing electrification expert program to aid with complex installations In O4 staff expects to try additional novel outreach approaches and will assess participation in the emergency program. The installation rate is currently averaging five installations per week (about 250 per year), about 150-200 per year through the full -service program and 50-100 through the rebate program. This is about 20% of the estimated annual turnover of HPWH in Palo Alto and 5-10 times the rate of installation at other top HPWH programs in the State, adjusted for population. CC&NE 19. Adopt a residential whole home electrification pilot program (r) Project Manager: Jonathan Abendschein Lead Dept: UTL Estimated Completion: O4 Status: Project Description: To achieve the S/CAP goals staff will expand the City's residential program services to include electrification of space heating, cooking, and other appliances in addition to water heaters. 2024 Project Milestones: Seek Council approval for a whole home electrification pilot program. Quarterly Update: Staff is working with the Climate Protection Ad Hoc Committee and Working Group to design a comprehensive full -service whole home electrification program by the end of 2024. The Whole Home Electrification program will roll out in two phases. The first phase is expected to launch by the end of 2024, and will include rebates, GoGreen financing, and technical assistance to homeowners. This will be followed by the launch of a full -service program option in mid -2025 to help homeowners who prefer to use a trusted contractor that has been pre-screened by the City. Item 12: Staff Report Pg. 15 Packet Pg. 350 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update CC&NE 20. Refine existing HVAC pilot program to encourage participation as a next step toward a 2025 Council approved commercial rooftop HVAC electrification advanced pilot program(s) Project Manager: Jonathan Abendschein Lead Dept: UTL Estimated Completion: O3 Status: Project Description: Continue to run the existing pilot program to replace a limited number of aging rooftop gas pack units with heat pump HVAC systems (commercial rooftop packaged heating, ventilation, and air conditioning (HVAC) units). Design an advanced pilot program focused on rooftop HVAC meant to prove a scalable, high participation business model. 2024 Project Milestones: Modify the existing rooftop HVAC pilot to enhance its ability to assist businesses and generate more participation in the program. Quarterly Update: In September, staff launched an update to the rooftop packaged HVAC pilot with a goal of collecting more data to support the design of an advanced pilot program. Staff is providing significantly enhanced incentives to a limited number of customers (10), and in exchange these customers must gather additional cost information and other information as they do their projects that they must provide to the City. Businesses who do not wish to gather this information can still access the program at the original incentive level. Outreach is proceeding through various channels to spur participation, and staff has already seen some early interest from several building owners. CC&NE 21. Develop and approve an Electric Vehicle Strategic Plan (t) Project Manager: Jonathan Abendschein Lead Dept: UTL Estimated Completion: O4 Status: Project Description: Develop a strategic plan for the provision of electric vehicle (EV) charging infrastructure to support EV growth in Palo Alto. Define the City's role and funding needs. Evaluate strategies for efficient electrification and EV charging to reduce grid impacts. Coordinate with the Reliability and Resiliency Strategic Plan on the electric grid impacts and benefits of EV charging and strategies to mitigate the impacts and take advantage of opportunities. 2024 Project Milestones: Complete preliminary EV Strategic Plan and review with Council Ad Hoc Climate Protection Committee. Quarterly Update: The EV Strategic Plan is currently in development. Staff received feedback on the plan scope and some early design decisions about the plan and analysis at public Ad Hoc Climate Protection Committee Working Group meetings in March and June and in September received feedback on a list of strategies for e -mobility development and its supporting infrastructure to include in the plan. Staff anticipates completing a draft of this study before the end of the year and reviewing it with the Ad Hoc Climate Protection Committee. CC&NE 22. Develop an EV Replacement Program for the City Fleet Project Manager: Danitra Bahlman Lead Dept: PW Estimated Completion: O4 Status: Project Description: Item 12: Staff Report Pg. 16 Packet Pg. 351 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Convert Palo Alto municipal vehicles to electric vehicles (EVs) when feasible and1.objectives Q3 Update replacement is operationally acceptable. Install EV Charging infrastructure to support increased EV usage. 2024 Project Milestones: Identify internal combustion engine vehicles that can be potentially replaced with EVs, with a goal of adding nine EVs to the fleet in 2024 and six EV chargers in the City Hall Level C parking garage for fleet vehicles. Develop an all -electric FY 2025 vehicle replacement program and track GHG emissions of fleet vehicles by Department. Quarterly Update: To date, six EVs have been added to the fleet in 2024. The City Hall Level C EV charger project was completed in September. As part of the Capital Budget, Council approved an all -electric FY 2025 vehicle replacement program, except for Police pursuit vehicles. Staff is currently ordering an EV Police pursuit vehicle as a pilot. Staff plans to review the Fleet Electrification effort with the Council Climate Protection Ad Hoc Committee in Q4. Rincon Consultants calculated vehicle GHG emissions by department as Dart of the 2022 GHG inventory. CC&NE 23. Develop and initiate implementation of a Reliability and Resiliency Strategic Plan (u) Project Manager: Jonathan Abendschein Lead Dept: UTL Estimated Completion: Q2 Status: - - Project Description: Develop a strategic plan for the integration of new technologies such as distributed energy resources (solar, battery to grid, battery storage, and self -forming grids), load management and control technologies, and advanced grid automation and protection into the City's electric distribution system with the goal of improving electric grid reliability and utility customer and neighborhood resiliency. Coordinate with the EV Strategic Plan to identify the role of EV charging (including EV to grid and EV to home) in electric grid reliability and resiliency. 2024 Project Milestones: Staff will seek Council acceptance of the Reliability and Resiliency Strategic Plan and begin implementation. Quarterly Update: Council accepted the Reliability and Resiliency Strategic Plan on April 15, 2024, and its implementation is now underway. A contract for professional services to assist with various aspects of implementation was approved by Council on September 23. Staff is working on a partnership with SLAC National Accelerator Laboratory to complete a distribution analysis focused on other parts of the plan. Staff is also pursuing investigations of various microgrid designs at and in the vicinity of the airport, as well as energy storage at substations. CC&NE 24. Develop draft S/CAP funding study with Council input (v) Project Manager: Jonathan Abendschein Lead Dept: UTL Estimated Completion: Q4 Status: Project Description: Complete an analysis of the funding needs for full scale implementation of the S/CAP Climate Action goals and key actions, including identifying and estimating costs for additional emissions reductions to achieve the 80x30 goal. Identify potential funding sources. 2024 Project Milestones: Complete preliminary draft S/CAP Funding study and review with Council Ad Hoc Climate Protection Committee. Item 12: Staff Report Pg. 17 Packet Pg. 352 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Quarterly Update: objectives Q3 Update J The S/CAP Funding Study is in progress. Completion of the Funding Study depends in part on completion of other complementary studies, including the EV Strategic Plan, Building Sector Study, and the Funding Source Survey. All studies are being completed by the same group of consultants and all are in progress in parallel. Staff believes preliminary draft results of the study can be ready for review by the Council Ad Hoc Climate Protection Committee before the end of the year. Staff is meeting with the Committee and its Working Group over the course of the fall to review preliminary scenarios to model. with a review of oreliminary results by end of year. CC&NE 25. Evaluate and report out Palo Alto Link pilot performance and consider continuation and/or expansion of future services Project Manager: Nathan Baird Lead Dept: OOT Estimated Completion: Q2* Status: Behind Schedule Project Description: Since its launch in March 2023, analyze the effectiveness of the Palo Alto Link pilot program and consider providing on -demand transit services through at least June 2025. Finance Committee to review options for program continuation and/or expansion of transit services beyond June 2025 in October 2024. 2024 Project Milestones: Council to evaluate the pilot program's effectiveness and consider continuation and/or expansion, with service considerations to extend to 7AM to 7PM in July 2024, and fare increase to $4 for all riders by September 2024. Quarterly Update: On March 27, 2024, the Planning and Transportation Commission received a presentation on the pilot's performance and was provided an opportunity for input on the funding strategy options. During the Budge Adoption process, Council reduced General Fund allocation to the program and increased revenue via fare increases and additional support from Stanford. City staff will present performance metrics and funding options to Finance Committee for Council recommendations in October 2024, including private and public partnership options. *This objective is now estimated to be completed in O4. CC&NE 26. Begin community engagement to consider parking policy updates that enhance customer satisfaction, improve program sustainability, and align with S/CAP mobility goals Project Manager: Nathan Baird Lead Dept: OOT Estimated Completion: Q2* Status: Behind Schedule Project Description: Evaluate and provide options for updating parking policy objectives and implementing operations improvements, beginning with the University Ave. Parking district and surrounding commercial areas. 2024 Project Milestones: Initiate community engagement to gauge customer satisfaction and support future updates to parking policies. Select a parking vendor to provide expanded permit types, time extension options, and mobile payment. Quarterly Update: Item 12: Staff Report Pg. 18 Packet Pg. 353 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Community engagement has begun on this project, including the launch of a sur� Objectives Q3 Update July, analysis of the survey results was not available at the time this report was being drafted. However, staff is planning on continuing community engagement efforts through the fall. City staff will select a parking permit vendor by October 2024, and work with selected vendor to present options for improvements by the end of 2024, and then make policy changes and implement program changes by June 2025. *Estimated completion is now Q4. CC&NE 27. Amend local building regulations to establish a "One Margin" energy efficiency standard, to allow installation of natural gas plumbing while imposing more stringent energy efficiency and all -electric readiness requirements to all new buildings Project Manager: George Hoyt Lead Dept: PDS Estimated Completion: Q2 Status: • • - Project Description: Amend the California Energy Code as codified in Title 16 of the Palo Alto Municipal Code Building Regulations establishing a 'One Margin' standard, which would allow for installation of natural gas plumbing while imposing more stringent energy efficiency and all -electric readiness requirements to all new buildings, which incentivizes the additional efficiency and lower emissions of all electric equipment using clean electricity. 2024 Project Milestones: Engage a consultant to work with staff to review and implement the One Margin standard. Present findings and an ordinance to the City Council for final action. Quarterly Update: The City Council adopted the One Margin code ordinance on June 3, 2024. As required by state law, the ordinances have been sent to the California Energy Commission for review and approval. The Energy Reach Code "One Margin" ordinance was reviewed and approved at the Commission's September 11, 2024 business meeting, and the ordinance became effective October 4, 2024. The ordinance will remain in effect until it is replaced with the 2026-2028 Energy Code, with any local amendments adopted for that code cycle (see CC&NE 28). CC&NE 28. Initiate the 2026 California Building Standards Code update, including the California Green Building Standards Code Project Manager: George Hoyt Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Adopt the California Building Standards Commission's model technical building, mechanical, plumbing, electrical, existing buildings, fire, energy, residential building, historic building, and green building codes, with local amendments as appropriate, including standards to advance the City's carbon reduction and electrification initiatives, in compliance with federal regulations. 2024 Project Milestones: Engage a consultant and begin initial research and analysis. Quarterly Update: Staff has begun the process of engaging professional services and identifying staffing for the project. A Development Services Contract Services RFP was released in September 2024. Item 12: Staff Report Pg. 19 Packet Pg. 354 of 378 Item 12 Attachment B - 2024 TB Council Priorities and CC&NE 29. Complete community engagement for the Airport's Long -Range Fa& Objectives Q3 Update Sustainability Plan in accordance with Federal requirements and hold a study session with Council on the draft plan Project Manager: Andrew Swanson Lead Dept: PW Estimated Completion: O3 Status: • • Project Description: Develop a long-range planning document that aligns the Airport with City goals and objectives ensuring safe and sustainable operations at the Palo Alto Airport. 2024 Project Milestones: Conduct meetings with the public to receive guidance to update the Airport's Long -Range Facilities & Sustainability Plan in accordance with Federal requirements. Conduct a Study Session with the City Council to receive feedback on a draft plan. Quarterly Update: An online survey requesting input on planning alternatives was initiated in July and closed in August 2024. The project team conducted a fifth public outreach meeting on June 20 to receive further comments on alternatives for future airport improvements. Staff held a study session with City Council on September 16 and received valuable input from public speakers and the Council that will be used to develop a planning alternative that does not include runway expansion or modifications that could encourage larger aircraft. Additional community engagement is anticipated once a new alternative is available. CC&NE 30. Council selection of a locally preferred alternatives for City Rail/Grade Separation project at Churchill Avenue, Meadow Drive, and Charleston Rd Project Manager: Ripon Bhatia Lead Dept: OOT Estimated Completion: O4 Status: • • - Project Description: The project involves implementing rail grade separations along the Caltrain Corridor. Currently, the City is in the process of developing conceptual plans for three crossings: Churchill Avenue, Meadow Drive, and Charleston Road. Staff is actively engaged with the Rail Committee to evaluate alternatives for recommendation to the City Council. The objective is to identify a locally preferred alternative and advance the project into the Preliminary Engineering and Environmental Phase. 2024 Project Milestones: Continue to advance and develop conceptual plans for various alternatives in consideration for each of the three crossings, based on the guidance and direction provided by the Rail Committee. The objective is to present recommendation to the City Council for consideration and approval of locally preferred alternative(s) at these three crossings. Quarterly Update: On June 10, 2024, the City Council selected Seale Avenue as the bicycle and pedestrian crossing location for the Partial Underpass Alternative at Churchill Avenue Crossing. This decision advances the Partial Underpass with the Bicycle and Pedestrian crossing at Seale Avenue into the Preliminary Engineering and Environmental Documentation Phase, with the closure alternative retained as a backup option. Additionally, on June 18, the Council voted to advance the hybrid (including a mixed wall/column approach) and underpass alternatives for Meadow Drive and Charleston Road into the Preliminary Engineering and Environmental Documentation Phase. The funding Agreement with FRA was fully executed in September 2024. Staff is currently working on negotiating a Cooperative Agreement with Valley Transportation Authority and Caltrain for funding and implementing the Preliminary Engineering and Environmental Phase of work. Item 12: Staff Report Pg. 20 Packet Pg. 355 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update CC&NE 31. Advocate for the San Francisquito Creek Flood Protection capital project (Reach 2) through Council's JPA representation and any Council approvals involved (w) Project Manager: Holly Boyd Lead Dept: PW Estimated Completion: O4 Status: Project Description: Advance the San Francisquito Creek (SFC) Flood Protection capital project (Reach 2) through Council's JPA representation and any Council approvals involved. 2024 Project Milestones: Support JPA's efforts to make decisions through staff discussions and the City's representation on the JPA Board. Quarterly Update: In January 2024, the SFCJPA board authorized the agency to seek consulting support to analyze the reach 2 alternatives that were described in the EIR while considering the hydraulic limitation of the creek identified during the December 31, 2022, storm event. Staff participated in the review and selection of the Request for Proposals process that led to a successful consultant award at the May SFCJPA board meeting. In O3, staff engaged Schaaf & Wheeler to conduct a feasibility analysis of a potential reach 2 alternative and shared the resulting technical memorandum with JPA staff. Additionally, staff attends and participates in monthly SFCJPA Reach 2 Planning Group meetings. CC&NE 32. Complete design and right-of-way acquisition, obtain regulatory permits, finalize project funding needs including potential Council advocacy with State legislators, and approve construction contract for the Newell Road Bridge Replacement project (x) Project Manager: Holly Boyd Lead Dept: PW Estimated Completion: Q2* Status: Behind Schedule Project Description: Complete design and right-of-way acquisition, obtain regulatory permits, and seek programming of construction funding by Caltrans. Advocacy with State legislators on project funding needs. Award a construction contract and manage the construction phase of the project to its completion. 2024 Project Milestones: Complete design and right-of-way acquisition, obtain regulatory permits, and seek programming of construction funding by Caltrans, through Council advocacy as needed, and award a construction contract, subject to property owner, permitting agencies, and Caltrans approvals. Quarterly Update: Staff obtained all construction easements and permits from regulatory agencies and submitted for right-of-way certification and authorization to proceed for construction to Caltrans in late May. A notice of intent to award for a construction manager contract has been issued. Staff worked with Caltrans to revise and resubmit right-of-way certification documents in July and September. Staff reached out to state congressional leaders for assistance in expediting Caltrans' review prior to September 30. Because the Caltrans review was not completed by September 30, access to federal funding approval did not occur, and Caltrans reprogrammed construction funding to FY 2026. Since this potentially impacts the City's ability to start work in Summer 2025, staff is continuing to seek earlier funding from Caltrans to follow the right-of-way certification approval. Although technically occurring in O4, it is important to note that Caltrans approved the right-of-way certification on October 11. * Revised estimated completion is now Q4. Item 12: Staff Report Pg. 21 Packet Pg. 356 of 378 Item 12 Attachment B - 2024 TB Council Priorities and CC&NE 33. Coordinate with Federal and regional partners on a path forward e)objectivesQ3 Update development of a Sea Level Rise Adaptation Plan (5) Project Manager: Julie Weiss Lead Dept: PW Estimated Completion: O4 Status: Project Description: Participate in regional efforts to advance shoreline protection from sea level rise through 1) SB272 (Laird) Sea Level Rise Adaptation Plan development, 2) Valley Water/U.S. Army Corps of Engineers Shoreline II levee improvements, and 3) Other regional and internal coordination efforts. SB272: Sea Level Rise Planning and Adaptation (Laird) signed in 2023 requires a state and Bay Area regional sea level rise adaptation plan and harmonized subregional plans. Plan requirements, and the boundaries of subregions are anticipated from the Bay Conservation and Development Commission by the end of 2024. Palo Alto has already completed its Sea Level Rise Vulnerability Assessment which will be a subregional plan requirement. Staff will coordinate the development of the Sea Level Rise Adaptation Plan to align with these efforts. Shoreline II Levee Improvements: The United States Army Corps of Engineers conducted a feasibility study to assess cost/benefit of funding levee improvements along Palo Alto's shoreline and determined that there is no federal interest in pursuing Palo Alto shoreline improvements at this time, and that improvements would not be needed until approximately 2060. In January 2024, Valley Water coordinated a Congressional letter (signed by Representative Eshoo and others) requesting re- examination of cost benefit assessment citing concerns about the analysis and drafted a similar letter from Valley Water leadership to USACE leadership. Other Regional and In-house Coordination Efforts: Regional efforts include coordinating with Santa Clara County and regional entities involved with sea level rise planning and internal efforts to advance sea level rise planning tools and education. 2024 Project Milestones: Track and participate in regional SB272 discussions about required sea level rise plan components and subregional partners; continue to coordinate with Valley Water in pursuit of a reevaluation of USACE's federal interest to fund shoreline improvements; participate in priority region -wide sea level rise planning efforts; and improve ESRI GIS maps for staff sea level rise and shallow groundwater planning purposes. Quarterly Update: 1) Staff provided input on the Bay Conservation Development Commission's Draft Regional Shoreline Adaptation Strategy vulnerability assessment and adaptation plan guidance; 2)The USACE officially closed out the Shoreline II Feasibility Study. Valley Water and City staff finalized a project factsheet and project partners are drafting public FAQs. Shoreline II partners will meet after SB272 requirements are known to discuss future collaboration and funding opportunities; 3) The Ocean Protection Council updated their Sea Level Rise Guidance for public agency planning which can be referenced by staff for project planning; 4) Staff identified essential changes needed for ESRI maps and are working with the consultant team to make those revisions. In addition, the Regional Water Quality Control Plant and Palo Alto Airport are including sea level rise in each program's Long-term Facility Plan. Item 12: Staff Report Pg. 22 Packet Pg. 357 of 378 Item 12 Attachment B - 2024 TB Council Priorities and CC&NE 34. Prepare Stream/Creek Corridor Setback Ordinance (4) Objectives Q3 Update Project Manager: Kelly Cha Lead Dept: PDS Estimated Completion: Q3* Status: Behind Schedule Project Description: Conduct research and present an ordinance that implements the City's comprehensive plan polices related to stream corridor setbacks for Planning and Transportation Commission (PTC) review and recommendation to the City Council. 2024 Project Milestones: Engage a consultant to review the City's comprehensive plan policies related to stream corridor setbacks; prepare an existing conditions report and make recommendations on appropriate setbacks; conduct public outreach and hold meetings before the PTC to receive a recommendation for City Council consideration. Quarterly Update: The PTC held an initial public meeting on August 14. The PTC is expected to review a draft ordinance on October 9, 2024 and make a recommendation to Council; the Council hearing is tentatively scheduled for November 18, 2024. *The revised estimated completion is now O4. CC&NE 35. Prepare Bird Safe Glass & Wildlife Light Pollution Protections Ordinance (6) Project Manager: Kelly Cha Lead Dept: PDS Estimated Completion: Q2* Status: Behind Schedule Project Description: Prepare an ordinance that updates the City's zoning code to require new building design and lighting standards with the aim to reduce bird strikes and nighttime light pollution for new or substantially remodeled buildings/structures. 2024 Project Milestones: Prepare a draft ordinance for review by the Planning and Transportation Commission (PTC) and recommendation to the City Council. Review similar relevant ordinances from other jurisdictions and consult local environmental advocates and/or groups when preparing the ordinance; hold public meetings before the Architectural Review Board (ARB), PTC and City Council. Quarterly Update: The PTC met in August and provided feedback on a future ordinance. The PTC is expected to review a draft ordinance on October 30, 2024 and make a recommendation to Council; the Council hearing is tentatively scheduled for December 9, 2024. 2024. *The revised estimated completion is now O4. Item 12: Staff Report Pg. 23 Packet Pg. 358 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update Housing for Social & Economic Balance Z2 14% ■Completed ■ On Track Behind Schedule/ Not Started ■ On Hold/ Dropped HS&EB 36. Approve project funding and a consultant contract to develop and identify housing opportunity sites through the Downtown Housing Plan, including community outreach (dd) Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Prepare a focused housing plan for the University Avenue downtown area that identifies development and design standards and public infrastructure necessary to accelerate housing production in the study area. 2024 Project Milestones: City Council selection of project management and coordination consultants; community outreach and engagement; community assessment and initial policy development. Quarterly Update: The City Council approved project funding and the consultant contract on February 26, 2024. Community engagement is underway. A community meeting is scheduled for October 10, 2024 and a Citizens Advisory Committee is expected to be formed in October. HS&EB 37. Submit compliant housing element to the state department of Housing and Community Development (HCD) (ee) Project Manager: Jonathan Lait Lead Dept: PDS Estimated Completion: O3 Status: Project Description: Prepare an updated housing element for Council adoption and review for certification by the California Department of Housing and Community Development (HCD) that advances the City's housing policy interests, meets applicable state housing requirements, and demonstrates compliance with the City's regional housing needs assessment. The housing element will include an implementation schedule to complete various policies over the eight -year housing cycle. 2024 Project Milestones: Complete revisions to the previously adopted housing element to address HCD comments and public input; schedule a joint Planning and Transportation Commission and City Council meeting, update the Item 12: Staff Report Pg. 24 Packet Pg. 359 of 378 Item 12 Attachment B - 2024 TB Council Priorities and housing element as necessary based on Council direction and make the housing�ObjectivesQ3 Update )or an additional 7 -day review before sending to HCD to initiate its 60 -day review period. Quarterly Update: The state department of Housing and Community Development certified the City's housing element on August 20, 2024. HS&EB 38. Approve final North Ventura Coordinated Area Plan (NVCAP) (ff) Project Manager: Kelly Cha Lead Dept: PDS Estimated Completion: Q2* Status: Project Description: Prepare a coordinated area plan for North Ventura to facilitate development of a walkable, mixed -use neighborhood with multifamily housing, commercial services, and well-defined connections to transit, bicycle, and pedestrian facilities. 2024 Project Milestones: Complete final plan revisions based on prior City Council direction, complete related environmental review, finalize zoning implementation regulations and present the final draft to the Architectural Review Board (ARB), Planning and Transportation Commission (PTC), and City Council for final action. Quarterly Update: The City Council adopted a resolution approving the NVCAP on August 5, 2024 and re -introduced a first reading of the associated ordinance on September 23, 2024; with a second reading October 14, 2024. *The revised estimated completion date is now Q3. HS&EB 39. Receive Cal Poly San Luis Obispo student -led concept plan for San Antonio Corridor Project Manager: Amy French Lead Dept: PDS Estimated Completion: Q1 Status: • Project Description: Cal Poly's undergraduate urban planning studio will present their student -led project highlighting land use and transportation solutions for the Council's consideration in advance of the City's comprehensive corridor study. 2024 Project Milestones: Students will participate in study session presentation to the City Council. Quarterly Update: On March 18, 2024 the City Council received a study session presentation from Cal Poly San Luis Obispo completing this task. HS&EB 40. Approve consultant contract to initiate a Specific Plan for San Antonio Road Corridor including project goals and outcomes (8) Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: Q4 Status: ck Project Description: Prepare a Request for Proposals and explore opportunities for developer funding to support the preparation of a San Antonio Road corridor specific plan that incorporates anticipated housing projections, programs and policies from the City's housing element, identifies an appropriate mix of land uses, park and recreation space needs, retail centers, transportation solutions that focus on ease and safety of multi -modal travel and access to community resources and amenities. Item 12: Staff Report Pg. 25 Packet Pg. 360 of 378 2024 Project Milestones: Prepare a Request for Proposal Quarterly Update: Staff prepared a request for proposals (RFP) that was released on June 20, 2024 and closes on September 4, 2024. The submittal period is intentionally longer than usual, as it spans the summer months which tends to be a slower time for proposals. Staff is reviewing responses to the RFP and will conduct interviews and make a recommendation to the City Council in December. Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update nt selected firm and contract to Council for a HS&EB 41. Initiate a review and make recommendations for a possible extension of the Housing Focus area to other geographic locations along El Camino Real Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Consistent with prior City Council direction, staff will explore opportunities to incentivize housing production at strategic locations along El Camino Real with zoning code amendments that increase building height and floor area ratios and apply other objective standards, including transitional height restrictions to address single family zoning districts adjacencies. The proposed standards will be an alternative to the state density bonus. 2024 Project Milestones: Engage an on -call consultant to work with staff to prepare necessary analysis, prepare reports, conduct community outreach and perform environmental review for possible zoning code changes; provide updates to the Housing Ad Hoc and engage the ARB and PTC for design and policy guidance. Quarterly Update: Staff has selected an on -call professional services firm; initial work has begun on analyzing the existing El Camino Real Focus area and potential areas of expansion. HS&EB 42. Evaluate sources and methods for raising significant funding to support affordable housing Project Manager: Jonathan Lait Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Support the City's affordable housing goals as set forth in the adopted Housing Element and explore funding mechanisms to help support those efforts. 2024 Project Milestones: The Housing Ad Hoc will meet with staff to understand available sources and methods to support affordable housing funding strategies and report back to Council. Quarterly Update: The Housing Ad Hoc met and discussed strategies in September; staff is working with Ad Hoc to prepare a recommendation to Council for December as part of its end of year reporting. HS&EB 43. Conduct a policy review with criteria for Notice of Funding Availability (NOFA) Project Manager: Jonathan Lait Lead Dept: PDS Estimated Completion: Q3* Status: Behind Schedule Project Description: Release a N0FA consistent with the City's below market rate funding policy for approximately six and half million dollars ($6.5M) and share application submittal results with the City Council Housing Ad Item 12: Staff Report Pg. 26 Packet Pg. 361 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Hoc for review and recommendation on fund disbursement, if any; transmit fun( Objectives Q3 Update J recommendations to the City Council. 2024 Project Milestones: Prepare and release the NOFA for 60 days; receive a recommendation from the Housing Ad Hoc and seek City Council action. Quarterly Update: A NOFA was released in September and expects to go to Council with a funding recommendation by the end of December. *The revised estimated completion date is O4 HS&EB 44. Approve a consultant contract to assess housing development impact fees for the conversion from a per unit to per square foot basis Project Manager: Jonathan Lait Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Consistent with prior City Council direction, change the methodology for collecting housing -related development impact fees from a per unit amount to a per square foot calculation. 2024 Project Milestones: Engage a consultant to review the City's development impact fees and characteristics of single family and multi -family home building to establish a conversion rate that would enable the City to assess development impact fees based on the unit's size (square footage). Present this report to the City Council's Finance Committee and schedule for City Council review. Quarterly Update: The consultant analysis is complete. The analysis was presented to City Council on September 23, 2024 and was pulled from the consent calendar; it is targeted to be considered by City Council by the end of the year HS&EB 45. Refine implementation of City's SB9 objective development and urban lot split standards (II) Project Manager: Amy French Lead Dept: PDS Estimated Completion: Q1 Status: • - - Project Description: Prepare a resolution that updates the City's objective standards related to SB-9 development and lot split standards. This project is distinguished from the ordinance task in HS&EB ii, which as an ordinance the made code changes to reflect changes in state law whereas this task refines specific, objective development standards. These changes will be reviewed by Council as a resolution as opposed to an ordinance. 2024 Project Milestones: Present resolution with updated objective standards for SB-9 development and lot splits. Quarterly Update: On February 12, 2024, the City Council reviewed and approved a resolution updating the objective design standards. HS&EB 46. Adopt an ordinance that implements Housing Element Program 3.4 related to the housing incentive program Project Manager: Coleman Frick Lead Dept: PDS Item 12: Staff Report Pg. 27 Packet Pg. 362 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Estimated Completion: Q4* Status: l Objectives Q3 Update Project Description: Based on a feasibility study, evaluate potential changes to the City's existing housing incentive program (HIP) and consider program expansion to multi -family, GM and ROLM zoning districts. Implement Housing Element Program 3.3 regarding the affordable housing incentive program (AHIP) and apply standards to identified housing opportunity sites; consider extending to faith based R1 zoned properties. 2024 Project Milestones: Complete prototypical project and economic feasibility analysis related to the housing incentive program and develop draft standards that would increase housing development potential beyond existing zoning standards and serve as an alternative to the state density bonus. Present findings to the Housing Ad Hoc, Architectural Review Board (ARB) and Planning and Transportation Commission (PTC) and forward a recommendation and ordinance to the City Council for final action. (Q4) Quarterly Update: Most of the milestone work has been completed and additional review is expected by PTC in late 2024 and review by City Council expected in early 2025. This project may be delayed by one quarter due to staff resources being redirected in response to additional work needed for Housing Element certification. *Based on estimated progress this objective may be delayed to Q1 2025 HS&EB 47. Amend the municipal fee schedule and prepare economic feasibility analysis that implements Housing Element Program 3.1 related to fee waivers and adjustments Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: O4 Status: - - Project Description: Amend the City's municipal fee schedule to waive City staff costs associated with the processing of a one hundred percent (100%) affordable housing planning application, except for directly related consultant supported costs. 2024 Project Milestones: Amend the City's municipal fee schedule to waive planning -related fees associated with the processing of one hundred percent (100%) affordable housing applications. Engage a consultant to begin an economic feasibility analysis that studies the impact of development impact fees to housing production. Quarterly Update: On June 17, 2024, the City Council adopted the municipal fee schedule implementing this task. HS&EB 48. Initiate a study implementing Housing Element Program 6.5 related to alternative housing types Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Prepare a study to achieve opportunities for innovative housing structures, such as micro -unit housing and new shared and intergenerational housing models, to help meet the housing needs of aging adults, students, and lower -income individuals citywide. 2024 Project Milestones: Engage a consultant to initiate the study. Item 12: Staff Report Pg. 28 Packet Pg. 363 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Quarterly Update: Objectives Q3 Update Staff has initiated conversations to engage a consultant; project anticipated to begin in Q4. HS&EB 49. Adopt an ordinance implementing various Housing Element Programs Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Prepare an ordinance that addresses the following housing element programs — • Amend the zoning code to limit the number of hearings for multi -family housing projects before the ARB to two hearings (Program 3.6); • Amend the zoning code to require all sites listed in the housing element sites inventory, all projects utilizing density bonuses, and all projects demolishing residential dwelling units to meet the replacement housing requirements of state law contained in housing element law, density bonus law, and the Housing Crisis Act of 2019 (Program 4.1); • Amend the zoning code to remove the Conditional Use requirement for residential uses in the Stanford Research Park, while taking into consideration City requirements related to hazardous materials (Program 1.5); • Amend the zoning code to be consistent with Government Code Sections 65650 et seq., which require that Supportive Housing meeting the standards in the statute be treated as a by -right use where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. Amendments will also be made to allow transitional and supportive housing, as defined in Government Code Section 65582, to be permitted as a residential use in all zones (Program 6.5); • Amend the zoning code to be consistent with Government Code sections 65660 et seq., which require a Low Barrier Navigation center to be a use by -right in areas zoned for mixed -use and nonresidential zones permitting multifamily uses, provided specific requirements of the law are met (Program 6.5); • Amend the City's parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A). Amend the zoning code to allow emergency shelters in the ROLM(E) zone to be approved ministerially, without discretionary action, remove distance requirements, adjust length of stay requirements, and ensure that the development standards for shelters are in compliance with statutory requirements (Program 6.5); • Amend the zoning code to ensure compliance with the Employee Housing Act (including California Health and Safety Code sections 17021.5, 17021.6, and 17021.8) to state that farmworker housing up to 36 beds or 12 units are to be permitted as an agricultural use and therefore "by right" in the AC and OS zones and no discretionary permit would be required of employee housing providing accommodation for six or fewer employees if discretionary permits are not required of a family dwelling of the same type in the same zone (Program 6.5); 2024 Project Milestones: Prepare ordinance and present to the Planning and Transportation Commission (PTC) for review and recommendation to the City Council for final action. Quarterly Update: Staff has initiated work and PTC consideration is scheduled for November 13, 2024. An ordinance is expected to be presented to the City Council in January. *Based on estimated progress this objective may be completed in Q1 2025. Item 12: Staff Report Pg. 29 Packet Pg. 364 of 378 Item 12 Attachment B - 2024 TB Council Priorities and 1. Objectives Q3 Update HS&EB 50. Initiate analysis to amend the zoning code to implement Program 3.9 related to commercial floor area Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Amend the City's zoning code to reduce commercial floor area allowances or other commercial incentives at strategic locations to shift the economic benefit of redevelopment toward home building. 2024 Project Milestones: Initiate analysis in 2024 and present findings to Council by Q4 2025. Amend the Municipal Code by Q4 2026. Quarterly Update: No reportable action this quarter; project anticipated to begin in O4. HS&EB 51. Partner with Santa Clara County Housing Authority to achieve 2024 milestones on construction timeline for Palo Alto Homekey project to provide transitional housing and services for unhoused residents (pp) Project Manager: Melissa McDonough Lead Dept: CMO Estimated Completion: O4 Status: Project Description: Palo Alto Homekey construction is scheduled to take place throughout calendar year 2024 with completion in early 2025. City staff attends regular project management meetings and owner - architect -contractor (OAC) meetings and conducts site visits. The Housing Authority assists the City with overall review of construction financing, budget and schedule, as well as construction monitoring, including conducting site visits, informing the City whether work is being completed on time and according to design intent, and reviewing the project schedule on a regular basis, providing input to mitigate potential delays. 2024 Project Milestones: Monitor the timely completion of milestones relating to concrete work, fabrication of modular units, setting of modular units, backfill and grading, decking and stairs, completion of site -built items, and switchgear installation and energization. Quarterly Update: As of the 2nd week of September, the first modulars had arrived in California from the factory in Pennsylvania, the community building underwent construction, the concrete building pads were poured and completed, and the modular elevator was installed. Additionally, 52% of construction was complete as of August 31. HS&EB 52. Conduct a gap analysis of housing and services for the unhoused in Palo Alto, considering Council direction, City activities and work, and County activities and work Project Manager: Melissa McDonough Lead Dept: CMO Estimated Completion: O4 Status: Project Description: Produce a gap analysis looking at City of Palo Alto's City Council direction as well as any and all work being performed by the City or the County for the people of Palo Alto, in relation to housing and services for the unhoused. This analysis will pull from existing documents including the Housing Item 12: Staff Report Pg. 30 Packet Pg. 365 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Element, staff reports, the Santa Clara County Community Plan to End Homelesslobjective QQ3 Update necessary, communication with key stakeholders. The result of this analysis will identify any areas that the City could feasibly pursue as new or improved work. The gap analysis will result in a report and presentation to City Council, which: 1. Describes the a.) Housing direction from Council b.) Services for the unhoused direction from Council, 2. Describes the work that is being done which meets that direction, identifying who owns individual work products (City, County, or Federal), 3. Identifies any work that is not occurring or any work that is occurring but could be improved and is within the purview of the City of Palo Alto, 4. Conducts a literature review to identify best practices to provide context and support for recommendations, and 5. Provides recommendations on new/improved work the City could undertake and whether the work would require additional staff or other financial resources. 2024 Project Milestones: Conduct research resulting in a draft report, collect feedback resulting in a final report, create a draft slide deck based on the final report, collect feedback resulting in a final slide deck, and present the gap analysis findings to Council. Quarterly Update: In the past quarter, a literature review, subject matter expert interviews, and data collection began to take shape in a draft report. Staff anticipates bringing the housing and services for the unhoused gap analysis findings to Council in December. HS&EB 53. Initiate research to understand Palo Alto unhoused population and explore feasibility of expanding safe parking options on Geng Road Project Manager: Melissa McDonough Lead Dept: CMO Estimated Completion: O4 Status: Project Description: In partnership with the Planning and Development Services Department, staff will explore expansion of safe parking in Palo Alto, including increasing the footprint of safe parking at the Geng Road site, working with the PTC to consider expanding safe parking to commercial lots, and exploring clearer data on the population and condition of unhoused in Palo Alto. 2024 Project Milestones: Staff will begin research on options for expanding Geng Road and exploring data on the population and condition of unhoused in Palo Alto. Quarterly Update: On August 19, City Council approved a lease amendment to expand the premises of the lease at 2000 Geng Road and increase by 10 the number of safe parking spaces permitted. Additionally, staff is collecting data and interviewing key stakeholders to provide Council with a better understanding of the Palo Alto unhoused population, which Council can anticipate receiving in conjunction with the gap analysis (HS&EB 52) in December. HS&EB 54. Council discussion of possible ordinance related to fair chance renter policy Project Manager: Coleman Frick Lead Dept: PDS Item 12: Staff Report Pg. 31 Packet Pg. 366 of 378 Estimated Completion: Q3* Status: Behind Schedule Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update Project Description: Consistent with the City Council's renter protection policy direction, staff will research the policy implications of a fair chance renter policy from a legal, policy, and anticipated resource demand perspective. This information will be presented to the City Council's Housing Ad Hoc committee for review and recommendation to the full Council. 2024 Project Milestones: Staff will prepare a staff report with the requisite analysis and present the information to the City's Housing Ad Hoc Committee and will forward its recommendation to the City Council for formal direction. Quarterly Update: Following feedback from the Housing Ad Hoc, staff will present the framework of a fair chance renter policy on October 10, 2024. Staff anticipates presenting recommendations to the City Council for its consideration in Q4. *Estimated completion date is Q4 HS&EB 55. Council discussion of possible anti -rent gouging policy Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: Q3* Status: Behind Schedule Project Description: Consistent with the City Council's renter protection policy direction, staff will research the policy implications of an anti -rent gouging policy from a legal, policy, and anticipated resource demand perspective. This information will be presented to the City Council's Housing Ad Hoc committee for review and recommendation to the full Council. 2024 Project Milestones: Staff will prepare a staff report with the requisite analysis and present the information to the City's Housing Ad Hoc Committee and will forward its recommendation to the City Council for formal direction. Quarterly Update: Staff has completed significant research on the topic and will present findings to the City's Housing Ad Hoc, which is scheduled for late October. Recommendations are anticipated to be forwarded to City Council by the end of the year, pending available agenda capacity. *Revised estimated completion date is Q4 HS&EB 56. Finalize development plan to maintain affordability and improve conditions at Buena Vista Mobile Park Project Manager: Melissa McDonough Lead Dept: CMO Estimated Completion: Q3* Status: • Project Description: The project manager will work with the Planning and Development Services department on timely completion of the entitlement process while encouraging the Housing Authority to incorporate resident and Council feedback throughout the project's design. Additionally, the project manager will work with the County Office of Supportive Housing and the Housing Authority to revise the regulatory agreement to improve clarity and align with the redeveloped Park. 2024 Project Milestones: Item 12: Staff Report Pg. 32 Packet Pg. 367 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Complete, in partnership with the Housing Authority and Santa Clara County, th&Objectives Q3 Update and amendment of the regulatory agreement for the Buena Vista Mobile Home Park. Quarterly Update: Council approved the streamlined development and vesting tentative map on August 12. Additionally, staff facilitated efforts to connect Buena Vista residents with mediation services. The Housing Authority recently announced that it was pausing the redevelopment. Staff is focusing on understanding this pause and determining next steps. HS&EB 57. Approve a consultant contract to initiate rental registry program implementation (cc) Project Manager: Coleman Frick Lead Dept: PDS Estimated Completion: O3 Status: Project Description: Council to review and approve a professional services contract for an online registry portal and staff and consultant to prepare for project launch and phased implementation. 2024 Project Milestones: Secure a consultant to oversee and manage the online registry portal. Staff to prepare and present data collection forms to the PTC and City Council Housing Ad Hoc for review and feedback. Staff and consultant to develop online guidance, resources and beta test portal. Staff to host community outreach and training events for landlords and other stakeholders to expand program awareness, requirements and facilitate data entry. This first phase of program implementation is expected to last two years and applies to landlords or property managers with three or more rental units, excluding J/ADUs, and regardless of current occupancy or availability on the market. (Q3) Quarterly Update: On May 13, 2024, the City Council approved a contract to initiate the rental registry program. Item 12: Staff Report Pg. 33 Packet Pg. 368 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update Community Health, Safety, Wellness & Belonging ■ Completed ■ On Track Behind Schedule/ Not Started b ■ On Hold/ Dropped CHSW&B 58. Complete reopening libraries to budgeted level (rr) Project Manager: Gayathri Kanth Lead Dept: LIB Estimated Completion: O4 Status: Project Description: Further open libraries to include weekend and additional open days in alignment with service levels authorized as part of the annual budget, including events. 2024 Project Milestones: As budgeted, Children's Library will be open an additional 2 days bringing it to 6 open days a week. All other libraries have been reopened to levels authored as part of the annual budget. Quarterly Update: Starting July 8, the Children's Library has opened 6 days (Mon -Saturday) adding Mondays and Fridays to its service days. The opening of the Children's library will now be in alignment with budgeted hours for all five branches. CHSW&B 59. Approval of multi -year agreement for provisions of animal shelter services (ss) Project Manager: Kristen O'Kane Lead Dept: CSD Estimated Completion: Q1 Status: •I�Fra1l- Project Description: In collaboration with the City's current service provider Pets in Need (PIN), work to review services, infrastructure needs, and determine next steps such as contract negotiations and approvals. On February 14, 2022, Council directed staff to proceed with negotiating a long-term contract with Pets in Need for animal services. 2024 Project Milestones: Finalize and approve multi -year agreement with Pets in Need Quarterly Update: On March 18, 2024, Council approved a five-year Professional Services Agreement with Pets in Need to provide animal care services and shelter operations. CHSW&B 60. Develop a workplan to enhance community special events with focus on inclusion (tt) Project Manager: Kristen O'Kane Lead Dept: CSD Item 12: Staff Report Pg. 34 Packet Pg. 369 of 378 Estimated Completion: O2 Project Description: Provide support to reinvigorate Community Services Department's (CSD) current special events and propose new events particularly along California Ave and University Ave to support economic development in those areas. Provide more opportunities for residents to engage and gather, Status: Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update a healthy community. 2024 Project Milestones: CSD has hired a special events coordinator to support this objective and will develop a workplan to guide continuing and new events. Quarterly Update: Staff have prepared a draft workplan for FY25 to support regular and new events. New events include a multi -cultural community event, participation in one Third Thursday event, and new events in commercial areas (event themes to be developed through conversations with local merchants). CHSW&B 61. Reach a tentative agreement with PAUSD on long-term use of the Cubberley property (uu) Project Manager: Kristen O'Kane Lead Dept: CSD Estimated Completion: Q2* Status: Project Description: Finalize an Agreement with PAUSD for the Cubberley site and define next steps regarding long-term use of the Cubberley Community Center, specifically the City -owned portion. 2024 Project Milestones: Ad Hocs of the City Council and PAUSD Board of Education, along with staff are negotiating terms for a potential land transaction at Cubberley. Quarterly Update: The City and PAUSD continue to work on this agreement. A Council closed session was scheduled August 5, 2024, the outcome of the meeting was unknown at the time this report was drafted. Closed sessions were held on September 9th and 30th. On October 7th and 8th, respectively, the City and PAUSD agreed on terms for the purchase of 7 acres of land at Cubberley, and a new 5 -year lease that will allow the city to continue leasing space beginning January 2025. The purchase is contingent on voter approval of a bond measure in November 2026. The City will complete a master development plan, building on the previous 2019 plan by March 2026, and the school district will develop a plan for use of the proceeds from the sale to improve PAUSD schools. *The updated estimated completion date is O3. CHSW&B 62. Evaluate Recreation Wellness Center Feasibility (vv) Project Manager: Kristen O'Kane Lead Dept: CSD Estimated Completion: Q2* Status: Behind Schedule Project Description: Council directed staff and the Parks and Recreation Commission to conduct public outreach on a new gym, including location, siting, gym features, cost estimates, funding timeline, demand assessment and prioritization of projects, and to investigate fundraising. 2024 Project Milestones: Staff will bring to Council a recommendation on location of the proposed Recreation Wellness Center and a Letter of Intent with the Friends of the Recreation Wellness Center before advancing this initiative further. Item 12: Staff Report Pg. 35 Packet Pg. 370 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Quarterly Update: objectives Q3 Update J Progress on this objective is stalled due to Cubberley negotiations, which could influence the recommended location. City staff and the Friends of the Recreation Wellness Center have resumed discussions on the preferred location and next steps, which could include a Letter of Intent to partner on future development of the Center. *The updated estimated completion date is O4. CHSW&B 63. Evaluate HSRAP funding allocation as a percent (%) of the General Fund (11) Project Manager: Kristen O'Kane Lead Dept: CSD Estimated Completion: O2 Status: - - - Project Description: Council referral to Finance Committee to evaluate and consider tying Human Services Resource Allocation Process (HSRAP) funding to a percentage of the General Fund. 2024 Project Milestones: Evaluate HSRAP and other human services grants and agreements funding levels with the Finance Committee. Quarterly Update: On March 19, 2024, Finance Committee reviewed and discussed recommended funding levels of HSRAP and other grants, including the Council referral to consider allocating 1% of the General Fund for human services grants, however no recommendation was made. Finance Committee requested that staff return with additional information to evaluate funding appropriateness and grant process. The Finance Committee met on August 6, 2024 to review funding levels for HSRAP and other human service grants and agreements and determined that a policy to tie a percentage of the general fund toward the HSRAP program was not needed at this time. Instead, the Committee focused on understanding how we define human services on a broader sense and the way in which we engage and fund nonprofit relationships. The referral is closed. CHSW&B 64. Facilitate a location for La Comida in North Palo Alto (12) Project Manager: Kristen O'Kane Lead Dept: CMO Estimated Completion: 01 Status: - - Project Description: La Comida is a nonprofit organization focused on senior nutrition; it provides hot lunch meals to seniors in Palo Alto. La Comida had previously provided services at the Avenidas Senior Center on Bryant St, but after building renovations, the dining space was significantly reduced making operations infeasible. 2024 Project Milestones: Council would like to facilitate a permanent location in North Palo Alto for ongoing senior lunch services. Quarterly Update: On March 11, 2024, Council directed staff to convert 445 Bryant St into a community center and to include space for La Comida to operate their senior nutrition program during weekday hours. Significant improvements to the facility are required before occupancy. Staff continues to work with La Comida to finalize lease terms and facility improvements, work may take between 9 months to 2 years depending on facility upgrades. Item 12: Staff Report Pg. 36 Packet Pg. 371 of 378 Item 12 Attachment B - 2024 TB Council Priorities and 1. Objectives Q3 Update CHSW&B 65. Increase support and funding for youth mental health (13) Project Manager: Kristen O'Kane Lead Dept: CSD Estimated Completion: O2 Status: e • - Project Description: Staff included $100,000 in CSD's FY 2024 Proposed Budget to support youth mental health, however; the City Council chose not to include funding until a plan is in place and referred this to the FY 2024 midyear budget process. 2024 Project Milestones: Per Council direction, staff requested additional funding during the FY_2024 Midyear process to plan a youth mental health event with community partners, and to provide free transportation using the existing PA Link ride service for youth attending programs that support mental health. The Mayor's Youth Mental Health Task Force may make recommendations for additional funding for FY 2025. Quarterly Update: The FY 2025 budget includes an ongoing allocation of $100,000 to support youth mental health programs and initiatives. In FY2025, funding will focus on two events for teens and their parents/caregivers, upgrades, and additional programming at the teen center, and other needs to be determined by youth and teens. Community Services is partnering with Palo Alto University to provide mental health training to hourly staff and middle school athletic coaches; trainings/webinars for teens and parents; positive psychology programming at the teen center, and other youth mental health support. CHSW&B 66. Complete Trusted Response Urgent Support Team (TRUST) Augmentation pilot and evaluate the effort Project Manager: Melissa McDonough Lead Dept: CMO Estimated Completion: O4 Status: Project Description: Complete the TRUST (Trusted Response Urgent Support Team, an alternative mental health response program) augmentation pilot, including providing case management, mental health first aid trainings, and community outreach activities through the month of September 2024. Conduct an in -progress evaluation and adjust pilot in response to what is learned. Conduct a final evaluation to determine whether pilot goals were met. 2024 Project Milestones: Complete the TRUST (Trusted Response Urgent Support Team, an alternative mental health response program) augmentation pilot, including providing case management, mental health first aid trainings, and community outreach activities through the month of September 2024. Conduct an in -progress evaluation and adjust pilot in response to what is learned. Conduct a final evaluation to determine whether pilot goals were met. Quarterly Update: Most pilot activities concluded in August, including case management, mental health first aid training, and community outreach efforts. However, one component —the ad campaign to raise awareness and educate the public about using "988" —will continue for another year. Staff is now focused on the grant closeout process and reporting, with plans to present an informational report on the pilot program to Council in December. Item 12: Staff Report Pg. 37 Packet Pg. 372 of 378 Item 12 Attachment B - 2024 TB Council Priorities and CHSW&B 67. Support visible police presence by ensuring stable staffing (recruiL Objectives Q3 Update through hiring ahead program (ww) Project Manager: Andrew Binder Lead Dept: PD Estimated Completion: O4 Status: Project Description: Maintain a pipeline of recruits for police officer staffing up to an additional five officers via a hire - ahead program. 2024 Project Milestones: Pending existing vacancies being filled. Quarterly Update: As of September 2024, the Police Department has one Full Time Equivalent (FTE) Police Officer position that is vacant. Once the vacancy is filled, the next priority will be on the hire -ahead program for the recruitment of an additional five officers. Currently, there are four officers in the field training program, seven recruits in the police academy, and one recruit in pre -academy training. Recruitment challenges across the profession are continuing; once existing vacancies are filled, the hire ahead program will begin. The hire -ahead positions were not resourced, only authorized. No impact to salary savings. CHSW&B 68. Initiate upgrade of Police Department field based video hardware Project Manager: Nicole Frazier Lead Dept: PD Estimated Completion: Q4 Status: - Project Description: Request for Proposal (REP) to replace the existing mobile video (MAV), body -worn camera (BWC), and interview room (IR) systems 2024 Project Milestones: Collaborate with vendor to draft contract for solution. Quarterly Update: Council approval to engage in contract with LensLock was received on June 18, 2024. Project kickoff started in July with full deployment expected to be done by the end of the year in coordination with the phased move into the new public safety building. CHSW&B 69. Approve vendor selection for 911 dispatch system (CAD provider) (yy) Project Manager: Nicole Frazier Lead Dept: PD Estimated Completion: Q3* Status: Behind Schedule Project Description: The Police Department is working with its consortium partners (Mountain View and Los Altos) to identify a new CAD system to replace the legacy system version. Staff will return to Council with a recommendation for purchasing a new CAD system. 2024 Project Milestones: Collaborate with consortium partners to narrow down proposals and conduct site visits for finalists with a decision to be made by April. Quarterly Update: The Department conducted vendor demonstrations with the three finalists to review the systems. Upon completion of demonstrations the Department selected Sun Ridge, Inc as the preferred vendor. The City of Los Altos is the contractual agent for the Consortium project and is coordinating contract negotiations with partner cities and the vendor. Item 12: Staff Report Pg. 38 Packet Pg. 373 of 378 Item 12 Attachment B - 2024 TB Council Priorities and The contract has been reviewed by all three cities and is scheduled to go to Couk objectives O3 Update November 12, 2024. *The revised estimated completion date is Q4 CHSW&B 70. Approve updated Local Hazard Mitigation Plan (aaa) Project Manager: Ken Dueker Lead Dept: OES Estimated Completion: O3 Status: L1FI- - W Project Description: Office of Emergency Services (OES) will be coordinating with the County on updates to emergency plans, including the Palo Alto Local Hazard Mitigation Plan (LHMP). 2024 Project Milestones: The Santa Clara County timeline should facilitate completion in 2024. Quarterly Update: The Santa Clara County Multi -Jurisdictional Hazard Mitigation Plan (MJHMP), Volume I and the associated Jurisdictional Annexes, Volume II, has been approved by the State and by FEMA. Council adopted Volume I and The Palo Alto Annex to Volume II on October 7, 2024. CHSW&B 71. Update Foothills Fire Management Plan & Community Wildfire Protection Plan (bbb) Project Manager: Ken Dueker Lead Dept: OES Estimated Completion: Q4 Status: On Track Project Description: Staff is working on various efforts related to improving the City's planning in collaboration with Santa Clara County and other allied agencies and entities. Efforts include not only emergency planning, but also early warning technology, and updating operational and procedural elements within the City organization to mitigate the risks associated with a fire in the foothills. NOTE: The Foothills Fire Management Plan/Community Wildfire Protection Plan (FFMP/CWPP) is a multi -year plan with OES, Fire Department, Public Works, Utilities, Community Services Department coordinated via the Foothills Fire Management Team (aka Foothills Wildfire Coordination Team). 2024 Project Milestones: Staff will release a 2024 update to the FFMP/CWPP by O3. Staff is also pursuing a service agreement with the Santa Clara County Firesafe Council to perform the schedule of required treatments each year in conjunction with some support from the City. The Fire Department and OES are in the process of evaluating certain remote fire detection equipment in cooperation with the Fire Safe Council and local partner agencies. Quarterly Update: The update to the FFMP/CWPP is underway. Some of the fuel reduction efforts include: Staff submitted a federal hazard mitigation grant through the State and to FEMA in September 2023 for Eucalyptus removal. While we have not received notification of the status of this grant, it is unlikely that we will receive it. Staff is attempting to gain clarity on the results. The City is contracting with the SCC Fire Safe Council to perform fuels reduction along Page Mill Road and Arastradero Road in 2024 and pursuing a multi -year contract for broader fuels reduction work over a 3-5 year time horizon. Item 12: Staff Report Pg. 39 Packet Pg. 374 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Objectives Q3 Update J Additionally, the Public Works department completed fuels reduction work prescribed for Los Trancos Road in May 2024 and the Community Services Department is performing the annual treatments in Arastradero and Foothills Nature Preserves. Also, Palo Alto Fire Department has completed their annual wildfire urban interface (WUI) residential inspections. Twelve N5 Sensors were installed in the Foothills to detect the earliest stages of wildland fire, as well as track fire movement, smoke and monitor hazardous air quality. PAFD and OES are collaborating with the Santa Clara County FireSafe Council, Woodside Fire Protection District, Stanford University and the Department of Homeland Security to install a total of 50 sensors in the wildland urban interface areas in Palo Alto, Stanford and Woodside Fire District. Public communications are planned, including a dedicated website to share the value of these sensors to public safety. CHSW&B 72. Complete construction of the new Public Safety Building including department move - in (ccc) Project Manager: Holly Boyd Lead Dept: PW Estimated Completion: Q3* Status: Behind Schedule Project Description: Complete construction of the new Public Safety Building followed by furniture and equipment installation, communication testing and set-up. 2024 Project Milestones: Complete construction of the project and move public safety departments into the fully operational building. Quarterly Update: As of late September, the project is 99% complete. Staff is working on a phased temporary occupancy for the Public Safety Building, but if that is not successful the temporary occupancy could be delayed by several weeks due to ADA and other compliance issues needed for temporary occupancy. The on -site construction trailers were removed in early September and restoration of the courthouse parking lot was also started. Furniture install was completed at the end of September. Once temporary occupancy is obtained, a phased move -in of the public safety departments will begin. * Revised estimated completion is now O4. CC&NE 73. Council award of construction contract for Fire Station No. 4 Replacement (ddd) Project Manager: Holly Boyd Lead Dept: PW Estimated Completion: Q4* Status: Project Description: Complete design and award a construction contract to re -build Fire Station No. 4. 2024 Project Milestones: Complete design, construct temporary facility, and award a construction contract in the Fall 2024. Quarterly Update: Staff completed the Fire Station #4 design and submitted for building permit review and continues to work on the design for the temporary station. Staff is addressing the second round of building review comments and ensuring the design is able to accommodate needs for electric vehicle charging Item 12: Staff Report Pg. 40 Packet Pg. 375 of 378 Item 12 Attachment B - 2024 TB Council Priorities and infrastructure. Staff is planning on issuing the Invitation to Bid (IFB) for the templobjectives Q3 Update October, with construction of the temporary station starting shortly after. The pre -qualification for the construction IFB was issued on August 26 and is due on October 1. Staff anticipates issuing the construction IFB in Q1 2025. * Based on the estimated progress, completion date may be Q1 2025. CC&NE 74. Enhance Caltrain Safety and security Project Manager: Ripon Bhatia Lead Dept: OOT Estimated Completion: O4 Status: Project Description: Explore opportunities to improve the safety and security along the Caltrain corridor Augment Caltrain security fencing efforts by installing wire mesh on fencing adjacent to residential side of the tracks. 2024 Project Milestones: Coordinate with Caltrain to identify segments and develop a plan to implement security fencing. Quarterly Update: Caltrain staff developed the fence replacement project plans and specifications. The project is out to bid for construction with bid opening in early October. The project scope includes replacing 3000 LF of existing fence with new 9 ft high fence w/winglets. It also includes an alternative bid of approx. 1000LF of additional fencing. Staff is coordinating with Caltrain staff for understanding the needs of additional funding. In addition, staff is working with Caltrain staff on seeking additional technologies to improve safety and security along the corridor. CHSW&B 75. Approve consulting contract to initiate work, including stakeholder engagement, related to the Seismic and Resiliency Ordinance (eee) Project Manager: George Hoyt Lead Dept: PDS Estimated Completion: O4 Status: Project Description: Comprehensively update the City's seismic rehabilitation ordinance with mandatory and voluntary measures to seismically strengthen vulnerable buildings. 2024 Project Milestones: Release a request for proposals and present an award a contract for engineering and professional consulting services to the City Council for action. Upon acceptance, initiate the project and public engagement strategies as detailed in the scope of work. (Q4) Quarterly Update: A Request for Proposals closed on June 27, 2024; two firms replied. Staff will conduct interviews in October and anticipates making a consultant selection recommendation to Council in November or December. CC&NE 76. Initiate work to conduct a Quiet Zone study at Churchill Ave, Meadow Drive, and Charleston Rd and begin initial analysis and regional stakeholder outreach Project Manager: Ripon Bhatia Lead Dept: OOT Estimated Completion: 01 Status: Project Description: Item 12: Staff Report Pg. 41 Packet Pg. 376 of 378 Item 12 Attachment B - 2024 TB Council Priorities and Conduct a quiet zone study analysis for implementation of Quiet Zone(s) at ChuKObjectives Q3 Update J Meadow Drive, and Charleston Road 2024 Project Milestones: Procure the professional services of a consultant to conduct the study. Perform data collection and conduct initial analysis. Seek input from California Public Utilities Commission, Federal Railroad Administration, Caltrain and other entities for development of conceptual plan. Quarterly Update: Staff has procured the services of the consultant to perform this study. The consultant has prepared the initial finding report based on existing conditions and Federal Railroad Administration (FRA) requirements. The initial findings of the report was reviewed by the Rail Committee at their August meeting. Staff is now planning to develop conceptual plans and coordinate a diagnostic meeting with Caltrain, FRA and CPUC staff. Staff plans to bring the final report and conceptual plan for the City Council review and aaaroval in the fall of 2025. CHSW&B 77. Implement strategies for promoting unleaded fuel and phasing out of leaded fuel (ggg) Project Manager: Andy Swanson Lead Dept: PW Estimated Completion: Q4 Status: Project Description: Complete upgrades at Airport facilities to provide for the sale of unleaded fuel, bring unleaded fuel to the Airport, and work with users to promote use of the fuel. 2024 Project Milestones: Complete infrastructure upgrades and provide unleaded fuel at the Airport. Develop and begin implementing a multi -phase plan to phase out the use of leaded fuel. Quarterly Update: The Airport completed infrastructure upgrades in December 2023, and the 94 octane unleaded fuel became available for purchase in January 2024. The Airport developed a multi -phase plan to reduce the use of leaded fuels in the near term and to cease sales of leaded fuels no later than 2030. The plan was shared with Council as part of the September 16 study session, and staff is now working on its implementation. CHSW&B 78. Continue engagement with San Francisco Airport on SFO's Ground Based Augmentation System (GBAS) project and other potential opportunities to decrease SFO noise impacts on Palo Alto (iii) Project Manager: Andy Swanson Lead Dept: PW Estimated Completion: Q4 Status: Project Description: Complete consultant review of SFO Ground Based Augmentation System (GBAS) proposal and consider submitting a comment letter, while tracking other issues that may arise. 2024 Project Milestones: Continue working on SFO noise issues as needed. Quarterly Update: City staff and Mayor Stone continue to engage with SFO Airport Director Ivar Satero and other SFO staff on the GBAS project and other possibilities for decreasing the impacts of aircraft noise over Palo Alto. A meeting with SFO staff to discuss potential next steps is scheduled for early October. Item 12: Staff Report Pg. 42 Packet Pg. 377 of 378 Item 1 �tem 1 Late Packet Repor City Council Supplemental Report CITY O F From: Mahealani Ah Yun, City Clerk PALO Meeting Date: October 28, 2024 ALTO Item Number: 1 Report #:2410-3661 TITLE Supplemental Report - Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status - Not a project. DISCUSSION On October 21, 2024, the City Council directed that all candidates for the Parks and Recreation Commission will be scheduled for interviews. The interview schedule for October 28, 2024 is listed below. 5:35 PM Vadim Axelrod 5:45 PM Marc Schoenen 5:55 PM Yudy Deng 6:05 PM James Fox 6:15 PM Christopher Alan Brosnan 6:25 PM Rebecca Shomair APPROVED BY: Mahealani Ah Yun, City Clerk Item No.1. Pa e 1 of 1 Item 1: Staff Report Pg. 1 Packet Pg. 378 of 378