HomeMy WebLinkAboutStaff Report 8304
City of Palo Alto (ID # 8304)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/14/2017
City of Palo Alto Page 1
Summary Title: Reducing the City's current federal advocacy agreement by
seven months
Title: Authorize the City Manager to Execute an Amendment to Contract
Number C12146667 Between the City and Van Scoyoc Associates Inc., for
Federal Legislative Advocacy, to Reduce the Term by Seven Months and
Reduce the Not-to-Exceed Amount by $56,000
From: City Manager
Lead Department: City Manager
Recommended Motion
Staff recommends that Council approve the following motion: (1) Authorize the City Manager
to execute Amendment No. 5 to the current agreement with Van Scoyoc Associates Inc. for
federal legislative advocacy services to shorten the term length from July 31, 2018 to December
31, 2017 and decrease the not-to-exceed amount from $606,000 to $550,000.
Background
For many years, the City has contracted for federal legislative advocacy services. This
Washington-DC based representation affords Palo Alto a presence and voice with our federal
representatives. Since 2012, the City has contracted with Van Scoyoc Associates Inc. (VSA) to
provide this federal representation. (Attachment A). The current agreement as amended with
VSA expires on July 31, 2018. (Attachment B).
On August, 22, 2016, staff recommended a two year extension with VSA, ending on July 31,
2018. During deliberations, Council raised questions regarding the federal legislative program
and approved a one year extension, to July 31, 2017. However, due to an administrative
oversight, the full two year contract extension was executed. As the Council approved funding
for only one year, this funding terminated on July 31, 2017.
Discussion
Ordinarily, upon discovering this error, staff would seek Council’s approval to reduce the
contract length and value to comport with Council’s directive and the length of the funding.
However, this error was discovered only after initiating an RFP for federal legislative services, a
process that should be complete by December 2017. The timing of the RFP process and the
City of Palo Alto Page 2
expiration of funding under the City Council’s 2016 authorization leaves a gap in services of five
months.
The proposed Amendment 5 (ATTACHMENT C) remedies the oversight while ensuring services
are maintained until December 31, 2017. As the two-year extension was a mistake, the
proposed Amendment 5 reduces the term from July 31, 2018 to December 31, 2017. It also
reduces the not-to-exceed amount accordingly, from $606,000 to $550,000. Had the one-year
extension that the City Council approved on August 22, 2016 been properly executed, the
proposed amendment would reflect an extension of five months and an increase of $45,000 of
the not-to-exceed amount compared to the City Council’s 2016 authorization.
Resource Impact
Funding for the current contract is included in the Fiscal Year 2018 Adopted Budget for the City
Manager’s Office. Award of a new contract for federal legislative services will be brought
forward for Council review subsequent to the results of the RFP, expected to be complete in
December 2017.
Attachments:
Attachment A: Original 2012 agreement with VSA
Attachment B: Current contract amendment ending 2018
Attachment C: Proposed amendment 5 reducing the contract to December 31 2017
CITY OF PALO ALTO CONTRACT NO. C12146667
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
VAN SCOYOC ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of July, 2012, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and VAN SCOYOC ASSOCIATES, INC., a Washington DC Corporation, located at 101
Constitution Avenue, NW, Suite 600 West, Washington, D.C. 20001 (PH) 202-638-
1950,("CONSULTANT").
RECITALS
The following recitals are a substantive portion ofthis Agreement.
A. CITY intends to obtain Federal Legislative Representation ("Project") and desires to engage a
consultant to provide Federal Legislative and Regulatory Representation to advance the City's
objectives in Washington ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part ofthis Agreement.
NOW, THEREFORE, in consideration ofthe recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The tenn of this Agreement shall be from the date of its full execution through 07/31120 I3 unless
terminated earlier pursuant to Section 19 of this Agreement. The CITY has the option to extend this
contract for two additional one year tenns.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the perfonnance of
Services under this Agreement. CONSULTANT shall complete the Services within the tenn of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely mmmer
based upon the circumstances and direction cOlmnnnicated to the CONSULTANT. CITY's
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
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SECTION 4. NOT TO EXCEED COMPENSATION. The compensation for professional
services to be paid to CONSULTANT for performance of the Services described in Exhibit "A",
shall not exceed Eight Thousand Dollars ($8,000) per month and the total amount of compensation,
induding professional services and reimbursables shall not exceed One Hundred One Thousand
Dollars ($101,000.00) per year.
The applicable monthly rate and schedule of payment are set out in Exhibit "C", entitled
"COMPENSATION," which is attached to and made a part of this Agreement.
SECTION 5. INVOICES. The CITY will provide the CONSULTANT with an $8,000.00 flat fee
retainer from which CONSULTANT will bill for it's services. In order to request payment,
CONSULTANT shall submit monthly invoices to the City. In addition, CONSULTANT shall
maintain and keep on record the hours it has billed against the retainer and shall submit the invoices
to the CITY upon request. Such documentation shall describe the services perfonned and the
applicable charges (including an identification of personnel who performed the services, hours
worked, hourly rates, and reimbursable expenses) for work conducted on each area of the CITY's
Strategic Plan.
SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supelvision. CONSULT ANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perfonn the Semces
assigned to them. CONSULT ANT represents that it, its employees and subconsuitants, if permitted,
have and shall maintain during the tenn of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perfonn the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perfonn
Services under this Agreement. CONSULTANT shall procure all pennits and licenses, pay all
charges and fees, and give all notices required by law in the perfonnance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULT ANT has prepared plans and specifications or other design
documents to construct the Proj ect, CONSULT ANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Proj ect.
This obligation shall survive tennination ofthe Agreement.
SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed that in perfonning
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the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 10. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULT ANT shall not assign or
transfer any interest in this Agreement nor the perfonnance of any of CONSULTANT's obligations
hereunder without the prior written consent ofthe city manager. Consent to one assigmnent will not
be deemed to be consent to any subsequent assigmnent. Any assigmnent made without the approval
of the city manager will be void.
SECTION 11. SUBCONTRACTING.
CONSULT ANT shall not subcontract any portion of the work to be perfonned under this Agreement
without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any sub consultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
sub consultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 12. PROJECT MANAGEMENT. CONSULTANT will assign Thane Young, Vice
President, as the Project Director, to have supervisory responsibility for the perfonnance, progress,
and execution of the Services, and Steve Palmer, Vice President, Laura Morgan, Director,
Government Relations, and Jacqueline Sclnnitz, Director, Govermnent Relations, as the project
Team to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause
the substitution of the project director, project coordinator, or any other keypersomlel for any reason,
the appointment of a substitute project director and the assigmnent of any key new or replacement
persormel will be subject to the prior written approval of the CITY's project manager.
CONSULTANT, at CITY's request, shall promptly remove persormel who CITY finds do not
perform the Services in an acceptable marmer, are uncooperative, or present a threat to the adequate
or timely completion of the Project or a threat to the safety of persons or property.
The City's project manager is Sheila Tucker, Assistant to City Manager, Office of the City Manager,
250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650) 329-2452, Email:
sheila.tucker@cityofj)aloalto.org The project manager will be CONSULTANT's point of contact
with respect to perfonnance, progress and execution of the Services. The CITY may designate an
alternate project manager from time to time.
SECTION 13. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
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property rights in favor of the CITY. Neither CONSULT ANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 14. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable time during
the tenn ofthis Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier tennination of this Agreement.
SECTION 15. INDEMNITY.
15.1. To the fullest extent pennitted by law, CONSULTANT shall protect, indemnify, defend and
hold hannless CITY, its Council members, officers, employees and agents (each an "Indemnified
Party") from and against any and all demands, claims, or liability of any nature, including death or
injury to any person, property damage or any other loss, including all costs and expenses of whatever
nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting
from, arising out of or in any manner related to perfonnance or nonperfonnance by CONSULTANT,
its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is
caused in part by an Indemnified Party.
15.2. Notwithstanding the above, nothing in this Section 16 shall be constrned to
require. CONSULTANT to indemnify an Indeillilified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
15.3. 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 tennination ofthis Agreement.
SECTION 16. WAIVERS. The waiver by either party of any breach or violation of any covenant,
tenn, condition or provision ofthis Agreement, or ofthe provisions of any ordinance or law, will not
be deemed to be a waiver of any other tenn, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other tenn, covenant, condition, provision,
ordinance or law.
SECTION 17. INSURANCE.
17.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the tenn of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
17.2. 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 perfonn Services under this Agreement will obtain and maintain, in full force and effect
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during the tenn of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
17.3. 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,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire tenn of this Agreement.
17.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereundernor 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 perfonned under this Agreement, including such damage, injury, or loss
arising after the Agreement is tenninated or the tenn has expired.
SECTION 18. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
18.1. The City Manager may suspend the perfonnance of the Services, in whole or
in part, or tenninate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its perfonnance ofthe Services.
18.2 . CONSULTANT maytenninate this Agreement or suspend its perfonnance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of perfonnance by CITY.
18.3. Upon such suspension or tennination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
18.4. Upon such suspension or tennination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or tennination; provided,
however, if this Agreement is suspended or tenninated on accowlt of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such detennination may be made by
the City Manager acting in the reasonable exercise ofhis/her discretion. The following Sections will
survive any expiration or tennination of this Agreement: 14, 15, 16, 19.4,20, and 25.
18.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
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SECTION 19. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office ofthe City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 20. CONFLICT OF INTEREST.
20.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
20.2. CONSULTANT further covenants that, in theperfonnance of this Agreement,
it will not employ sub consultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY ; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Govennnent Code ofthe State ofCalifomia.
20.3. Ifthe Project Manager determines that CONSULTANT is a "Consultant" as
that tenn is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Refonn Act.
SECTION 21. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the perfonnance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULT ANT 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 peliaining to nondiscrimination in employment.
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SECTION 22. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REOUIREMENTS. CONSULTANT shall comply with the City'S Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or compo sting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• 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 of30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City'S Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy ofthis policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to veritY that pallets are not being disposed.
SECTION 23. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter ofthe City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will tenninate without any penalty (a)
at the end of any fiscal year in the event that frmds are not appropriated for the following fiscal year,
or (b) at anytime 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, tenn, condition, or provision of this Agreement.
SECTION 24. MISCELLANEOUS PROVISIONS.
24.1. This Agreement will be govemed by the laws of the State of Califomia.
24.2. 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 Califomia in the County of Santa Clara, State of
Califomia.
24.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attomeys' 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 attomeys employed by it as well as any attomeys' fees paid to third
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parties.
24.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
24.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
24.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
24.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
24.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about
a California resident ("Personal Infonnation"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Infonnation, and shall infonn City
immediately upon learning that there has been a breach in the security of the system or in the security
of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without City's express written consent.
24.9 All unchecked boxes do not apply to this agreement.
24.10 The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal enti ties.
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IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO VAN SCOYOC ASSOCIATES, INC.
. Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
B'~6Y~/~ Name:JI;ewart v~c
Title: Pres~deilt
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
INSURANCE REQUIREMENTS
to
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EXHIBIT "A"
SCOPE OF SERVICES
Federal Legislative Services
Analysis & Goal Setting
1. Conduct Strategic Assessment of Opportunities -gain a complete
understanding of City priorities and services through input from staff and the
Council to ensure that the city is taking advantage of every opportunity for
federal assistance whether through appropriations or grants.
2. Assist the City to set short and long-term legislative priorities for the City
and performance of an in-depth analysis of current and anticipated
congressional legislation and federal funding opportunities on annual basis.
3. Develop an annual Federal Legislative Agenda and Strategic Plan -create
an action plan to accomplish the City's goals and objectives and draft a
Federal Legislative Agenda or Strategic Plan. Once approved by the City, this
agenda will outline an approach for working with the appropriate House and
Senate Members, congressional committees and the Administration.
Administrative Services
1. Agency Coordination -assist City in coordinating with Federal agencies
which distribute appropriation or grant funds.
2. Forms, Fact Sheets, and Letters -work with City staff to draft forms, fact
sheets and letters that will be used to seek funding and oppose or support
legislation.
3. Prepare the City for Washington, D.C. Visits -arrange meetings with
congressional delegation and their staffs and other important federal
officials; prepare the City and local officials for those visits; and gUide the city
through these meetings in order to optimize effectiveness.
4. Legislative Markups -guide City's projects through the markup of
spending and authorizing legislation in the relevant subcommittees and
committees.
5. Legislative Tracking -track City's projects as legislation and administrative
actions progress, so the City knows when, and how, to advocate for these
projects at critical times.
6. Regular Reporting -provide regular status reports and updates to the City
on the status of the City's Strategic Plan, legislative priorities, and funding
opportunities. Projects and provide periodic written, verbal and electronic
reports to the City.
a. Provide weekly report on general activities in Washington and Congress.
b. Provide monthly reports to City on status of strategic plan priorities,
including current status, activities and next steps.
c. Provide a final report prior to considering work plan for the next year
7. Attend all relevant industry meetings in Washington D.C. in order to
II
Due Date
October
October/
Ongoing
November
On-going
On-going
On-going
On-going
Weekly
Monthly
October
On-going
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provide up-to-the-minute intelligence.
8. Agency Implementation -The consultant will also help the City work with
federal agencies that will administer any congressional appropriation
projects, in order to establish funding arrangements and implement these
projects.
9. Conference Calls -conduct weekly or monthly conference calls with City
staff on federal activities and legislation including the City's State High Speed
Rail lobbyist, to ensure the Federal Legislative Agenda or Strategic Plan is
being implemented.
Outreach and Advocacy
1. Work with Federal department personal and Subcommittee Staff -work
directly with staff in congressional offices and Subcommittees to promote
the City's projects, gather timely information, and advance efforts.
2. Stakeholder Support -work with the City and its partners to gather and
effectively convey support from stakeholders in local and state
government, business and educational communities, and prominent
citizens, through letters, phone calls, and visits.
3. Media and News -coordinate with City on current events and its
implication to the community. Prepare or review press releases as
needed.
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On-going
On-going
On-going
On-going
On-going
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall provide the Services on a schedule in liaison with the Legislative
calendar year. CONSULTANT will develop a schedule with CITY Staff to pursue projects
and programs identified by CITY as priority and in line with established timelines and
deadlines. CONSULTANT shall work with City Staff to develop and implement a schedule
which shall maximize CITY's oppOliunities for securing Federal funding, appropriations and
discretionary grants.
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services perfonned in
accordance with the tenns and conditions of this Agreement, to the reasonable satisfaction of
the CITY.
The CITY will provide the CONSULTANT with an $8,000.00 flat fee retainer from which
CONSULTANT will bill for it's services. In order to request payment, CONSULT ANT shall
submit monthly invoices to the City. In addition, CONSULTANT shall maintain and keep on
record the hours it has billed against the retainer and shall submit the invoices to the CITY
upon request. Such documentation shall describe the services perfonned and the applicable
charges (including an identification of persOimel who perfonned the services, hours worked,
hourly rates, and reimbursable expenses) for work conducted on each area of the CITY's
Strategic Plan.
In addition, CITY will compensate CONSULTANT for incurred Reimbursable Expenses in
an amount Not to Exceed $5,000 per Year. Reasonable Expenses include directly related
business expenses and travel, including but not limited to, duplicating documents, binding
reports, mileage, phone, supplies, FAX, postage, travel, hotel, meals, etc.
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EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), ATTHEIR SOLE EXPENSE, SHALL FOR THE TERM OFTHECONTRACTOBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM
BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW'
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000
-EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALLDAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTlRETERM OF ANY RESULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LlABILITY AND PROFESSIONAL INSURANCE, NAMING
AS ADD1TlONAL INSUREDS CITY) ]TS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON·PAYMENT OF PREMIUM, THE ISSUING COMPANY 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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1 of 4 Revision July 20, 2016
AMENDMENT NO. 4 TO CONTRACT NO. C12146667
BETWEEN THE CITY OF PALO ALTO AND
VAN SCOYOC ASSOCIATES, INC.
This Amendment No. 4 to Contract No. C12146667 (“Contract”) is entered into
August 15, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and VAN SCOYOC ASSOCIATES, INC., a District of Columbia
Corporation, located at 101 Constitution Avenue, NW, Suite 600 West, Washington, D.C. 20001
(PH) 202-638-1950,("CONSULTANT").
R E C I T A L S
A. The Contract was entered into between the parties for the provision of for the
provision of Federal Legislative Representation.
B. CITY intends to extend the term and increase the compensation from
$404,000.00 by $202,000.00 to $606,000.00 for the continuation of services as specified in Exhibit
“A” Scope of Services.
C. The parties wish to amend the Contract.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. Section 2 TERM is hereby amended to read as follows:
“SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through July 31, 2018
unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 2. Section 4 COMPENSATION is hereby amended to read as follows:
“SECTION 4. NOT TO EXCEED COMPENSATION.
The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed One Hundred One
Thousand Dollars ($101,000.00). per year. Total Compensation shall not exceed Six Hundred and
Six Thousand Dollars ($606,000.00). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount. The applicable rates and schedule of payment
are set out at Exhibit “C-1”, entitled “RATE SCHEDULE,” which is attached to and made a part of
this Agreement. Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
DocuSign Envelope ID: 36A7CF0D-8F67-42A8-AE13-18B701023D55DocuSign Envelope ID: 394AA859-AEB6-448C-8EA1-3A183A016AE2
2 of 4 Revision July 20, 2016
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described at Exhibit “A”.”
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended to read
as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference:
a. Exhibit “C” entitled “COMPENSATION”.
b. Exhibit “C1” entitled “RATE SCHEDULE”.
SECTION 4. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
APPROVED AS TO FORM:
VAN SCOYOC ASSOCIATES, INC.
Attachments:
EXHIBIT "C": COMPENSATION
EXHIBIT "C1": RATE SCHEDULE
DocuSign Envelope ID: 36A7CF0D-8F67-42A8-AE13-18B701023D55
Stewart Van Scoyoc
President
Corporate Secretary
Janet Buckley
DocuSign Envelope ID: 394AA859-AEB6-448C-8EA1-3A183A016AE2
Albert S Yang
Senior Deputy City Attorney
James Keene
City Manager
3 of 4 Revision July 20, 2016
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services,
additional services, and reimbursable expenses shall not exceed the amount(s) stated in
Section 4 of this Agreement. CONSULTANT agrees to complete all Services and Additional
Services, including reimbursable expenses, within this/these amount(s). Any work performed
or expenses incurred for which payment would result in a total exceeding the maximum
amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY’s
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT’s proposed maximum compensation, including reimbursable
expenses, for such services based on the rates set forth in Exhibit C-1. The additional
services scope, schedule and maximum compensation shall be negotiated and agreed to in
writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the
services. Payment for additional services is subject to all requirements and restrictions in this
Agreement.
DocuSign Envelope ID: 36A7CF0D-8F67-42A8-AE13-18B701023D55DocuSign Envelope ID: 394AA859-AEB6-448C-8EA1-3A183A016AE2
4 of 4 Revision July 20, 2016
EXHIBIT “C-1”
SCHEDULE OF RATES
Monthly Flat Fee Retainer (To be invoiced Monthly) $8,000.00
Reimbursable expenses shall not exceed $5,000.00 per year.
DocuSign Envelope ID: 36A7CF0D-8F67-42A8-AE13-18B701023D55DocuSign Envelope ID: 394AA859-AEB6-448C-8EA1-3A183A016AE2
Certificate Of Completion
Envelope Id: 36A7CF0D8F6742A8AE1318B701023D55 Status: Completed
Subject: Please DocuSign: C12146667 Van Scoyoc Associates Contract Amendment No. 4.doc
Source Envelope:
Document Pages: 4 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christopher Anastole
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
chris.anastole@cityofpaloalto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
7/27/2016 9:24:35 AM
Holder: Christopher Anastole
chris.anastole@cityofpaloalto.org
Location: DocuSign
Signer Events Signature Timestamp
Stewart Van Scoyoc
stu@vsadc.com
President
Security Level: Email, Account Authentication
(None)Using IP Address: 64.125.172.98
Sent: 7/27/2016 9:29:34 AM
Viewed: 7/27/2016 10:30:54 AM
Signed: 7/27/2016 11:44:28 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Janet Buckley
jbuckley@vsadc.com
Corporate Secretary
Security Level: Email, Account Authentication
(None)Using IP Address: 38.122.2.10
Sent: 7/27/2016 11:44:29 AM
Viewed: 7/27/2016 11:46:50 AM
Signed: 7/27/2016 11:51:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Judy Ng
Judy.Ng@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Sent: 7/27/2016 11:51:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
DocuSign Envelope ID: 394AA859-AEB6-448C-8EA1-3A183A016AE2
Carbon Copy Events Status Timestamp
Khashayar Alaee
Khashayar.Alaee@CityofPaloAlto.org
Sr. Management Analyst
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 7/27/2016 11:51:17 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/27/2016 11:51:17 AM
Certified Delivered Security Checked 7/27/2016 11:51:17 AM
Signing Complete Security Checked 7/27/2016 11:51:17 AM
Completed Security Checked 7/27/2016 11:51:17 AM
DocuSign Envelope ID: 394AA859-AEB6-448C-8EA1-3A183A016AE2
AMENDMENT NO. 5 TO CONTRACT NO. C12146667
BETWEEN THE CITY OF PALO ALTO AND
VAN SCOYOC ASSOCIATES, INC.
This Amendment No. 5 to Contract No. C12146667 (“Contract”) is entered into
August 14, 2017, by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and VAN SCOYOC ASSOCIATES, INC., a District of Columbia
Corporation, located at 1201 Maryland Avenue, SW Suite 880, Washington, D.C. 20024
("CONSULTANT").
R E C I T A L S
A. The Contract was entered into between the parties for the provision of
Federal Legislative Representation.
B. CITY intends to reduce the term and decrease the compensation from
$606,000.00 by $56,000.00 to not-to-exceed $550,000.00 for the continuation of services as
specified in Exhibit “A” Scope of Services.
C. The parties wish to amend the Contract as previously amended.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. Section 2 TERM is hereby amended to read as follows:
“SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31,
2017 unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 2. Section 4 COMPENSATION is hereby amended to read as
follows:
“SECTION 4. NOT TO EXCEED COMPENSATION.
The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Five Hundred
Fifty Thousand Dollars ($550,000.00). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount. The applicable rates and schedule of
payment are set out at Exhibit “C-1”, entitled “RATE SCHEDULE,” which is attached to and
made a part of this Agreement. Any work performed or expenses incurred for which payment
would result in a total exceeding the maximum amount of compensation set forth herein shall
be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”.”
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended to
read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this
reference:
a. Exhibit “C” entitled “COMPENSATION”.
b. Exhibit “C-1” entitled “RATE SCHEDULE”.
c. Exhibit “E” entitled “POLICY AND PROCEDURES 1-02/ASD”
SECTION 4. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
APPROVED AS TO FORM:
VAN SCOYOC ASSOCIATES, INC.
Attachments:
EXHIBIT "C": COMPENSATION
EXHIBIT "C-1": RATE SCHEDULE
EXHIBIT “E”: POLICY AND PROCEDURES 1-02/ASD
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
President
Stewart Van Scoyoc
Janet Buckley
Corporate Secretary
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the rate schedule attached
as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services,
additional services, and reimbursable expenses shall not exceed the amount(s) stated in Section
4 of this Agreement. CONSULTANT agrees to complete all Services and Additional Services,
including reimbursable expenses, within this/these amount(s). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses.
CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost.
Expenses for which CONSULTANT shall be reimbursed are:
A. Transportation and meals will be reimbursed at actual cost subject to the City of Palo
Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto
employees, per EXHIBIT “E” POLICY AND PROCEDURES 1-02/ASD, with the
references to Palo Alto or the City’s offices being changed to Washington D.C. or the
Consultant’s Offices.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $500.00, including travel and
meals, shall be approved in advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope of
services, schedule, level of effort, and CONSULTANT’s proposed maximum
compensation, including reimbursable expenses, for such services based on the rates set
forth in Exhibit C-1. The additional services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY’s Project
Manager and CONSULTANT prior to commencement of the services. Payment for
additional services is subject to all requirements and restrictions in this Agreement.
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
EXHIBIT “C-1”
RATE SCHEDULE
Monthly Flat Fee Retainer (To be invoiced Monthly) $8,000.00
Reimbursable expenses shall not exceed $5,000.00 per year, or pro-rated for partial years
(To be invoiced Monthly)
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
EXHIBIT "E"
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
PURPOSE
The purpose of this policy is to provide procedures for the authorization of travel
and payment of travel expenses for City employees attending conferences, training,
and meetings. The policy will ensure that all travel related expenses are reasonable
and necessary for the conduct of City business.
For the purposes of this policy, City employees shall mean all full-time or part-
time exempt and non-exempt employees. Temporary or contract employees must
receive express authorization in advance from the Assistant City Manager or designee
for all travel related expenses.
Any exceptions to this policy must be approved by the Department Head and the
Assistant City Manager or designee.
PROCEDURE
Extended Travel
Authorization for Travel
Prior to the commitment or expenditure of any City funds for extended travel
(requiring an overnight stay or airfare), the employee shall obtain approval for the
event from a Department Head or Council Appointed Officer (CAO). This
authority cannot be delegated. The authorization for out-of-state extended travel
must also be approved by the Assistant City Manager or designee.
No individual may authorize his/her own travel. Department Head travel shall be
approved by the City Manager or designee and CAO travel shall be approved by the
Assistant City Manager or designee.
A Pre-Travel Authorization form shall be used to request approval and to document
an estimate of total expenses (i.e., registration fees, lodging, transportation, and
meals). A copy of the official event brochure and/or agenda of the event that
describes the schedule of sessions, provided transportation and meals, and other
amenities of the event must be attached to the form. IRS per diem rates shall be used
for calculating estimated meal expenditures.
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
The Pre-Travel Authorization form includes boxes that must be checked by the
employee and verified by the Department Head, CAO, Assistant City Manager or
designee, or City Manager or designee to indicate that:
Government rates have been requested for hotel and registration
Employee agrees to submit a Travel Expense Report within 30 days
after return from the trip
Professional Development will be used to reimburse employee for the
travel or training (if applicable)
Department Head/CAO/Assistant City Manager/City Manager approval indicates
that:
Government rates for hotel and registration have been verified
The request complies with the City’s Travel Policy and Procedures
Applicability of using Professional Development funds has been
determined
The original approved Pre-Travel Authorization form, along with the official event
brochure and/or agenda of the event, should be maintained by the department and
submitted with the Travel Expense Report at the appropriate time.
2) Travel Arrangements
Departments are encouraged to make travel arrangements (registration fees, lodging
reservations, air transportation, and rental cars) on the Internet, utilizing a
procurement card for payment. A copy of the approved Pre- Travel Authorization
form should be attached to the monthly procurement card activity log.
3) Reimbursable Travel Expenses
Registration Fee
Registration fees for those expenses indicated in the published event materials.
Government rates and/or any discounts offered for early registration should be
obtained whenever possible.
Lodging Expense
Travelers shall select single occupancy, standard, non-deluxe
accommodations and should stay at hotels offering economical
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
lodging rates. Travelers attending a conference or seminar are encouraged to stay at
conference hotels, which offer a negotiated conference rate. When making
reservations, travelers should request government rates, if available. Traveling
employees should carry their City identification cards.
The City shall not reimburse any cost related to the extension of a hotel stay beyond
the time necessary to complete the event. An out- of-state trip involving cross-country
travel may require hotel accommodations both before and after the conference or
training. Within California or adjoining states an extra night’s hotel stay should not be
necessary if flight arrangements can be made the same day.
The use of hotels is restricted to cities located beyond 50 miles (one- way) from the
City of Palo Alto or the traveler’s residence (whichever is shortest). For example, if
the destination is Sacramento and you live in Palo Alto (118 miles) or Oakland (81
miles), you would qualify for a hotel. However, if you live in Vacaville (35 miles) or
Lodi (36 miles) you would not qualify for a hotel.
Transportation
Air Transportation
Travelers shall fly economy coach class on the lowest cost flight available for the
most direct route to the final destination, which could reasonably include scheduled
layovers. Travelers are encouraged to make air reservations as early as feasible to obtain
the greatest discount and to consider the use of alternate but nearby airports to take
advantage of the lowest fares. Extension of the trip to cover a weekend stay to obtain a
lower airfare does not entitle the traveler to be reimbursed for the extra day's hotel
costs or meal expenses. Travelers may use City travel to qualify for frequent flyer
credits, but the selection of an airline for a given trip shall not be made for the
purpose of accumulating such credits. Travelers that choose to use their personal
frequent flyer miles for City business shall not be reimbursed for the value of the
tickets. If the airline charges for all checked baggage, the City will cover the cost for
one checked bag only. Excess baggage charges are not reimbursable.
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Rental Cars
Rental cars shall only be approved, if other ground transportation, such as shuttles
or taxis, is more expensive during the stay at the destination. Only economy or
compact car models may be rented, unless the upgrade is provided by the rental
agency at no cost. Rental car options such as GPS devices are not reimbursable.
Because the City is self-insured, employees should decline any additional
insurance offered by the rental company. Employees must also decline any Fuel
Purchase Options (which allow for prepayment of a gas tank refill) and shall refuel
prior to returning the rental car, if additional charges apply for refueling. Use of a
rental car, in lieu of a private auto, to travel to and from an out-of-town event
will be reimbursed either at the current IRS mileage rate or the car rental cost
apportioned for the number of days used for City business, whichever is less.
Private Automobiles
Employees may use private automobiles for personal or group transportation on
extended trips. Reimbursement shall be made at the current IRS mileage rate. The
distance to be reimbursed shall be measured from the place of work and from the
employee’s home, and the calculated mileage reimbursement shall be based upon
which of the two distances is shorter. Mileage reimbursement shall not exceed
the cost of refundable round trip air transportation (economy class) for a reservation
made at least seven days in advance of the trip.
City Pool Cars
City pool cars normally may not be used for transportation on extended trips.
Requests for use of City vehicles for this purpose should be directed to the Fleet
Manager, Equipment Management Division, Public Works. For use of vehicles
assigned to specific divisions and/or individuals, refer to Vehicle Use Policy and
Procedures 4-1.
Meals
Effective April 27, 2015, the City will provide a per diem (“per day”) allowance
for meals and incidentals to employees who travel overnight for official City
business. Travelers will receive a flat rate for meals and will not be required to
submit receipts. If travelers use a P-Card to pay for meals, it negates the per diem.
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense
Reimbursement
Revised: January 28, 2016
The per diem rate varies and is dependent on the destination of travel. The rates
for the various travel destinations are available on the U.S. General Services
Administration website (http://www.gsa.gov/portal/content/104877) (these
amounts are subject to change every year). Each city has a dollar value for the full
day depending on the relative cost of meals in that jurisdiction. When meals are
provided as part of the cost of an event, that meal will be deducted from the full
day per diem rate. Travelers will receive 75% of the full day per diem amount for
days requiring transportation to and from the location (i.e. departure day and
return day) regardless of departure and arrival times. Meals provided on days of
travel shall be deducted at full-value.
Travelers are required to look up the per diem rates as part of the pre-approval
authorization process.
Incidental Expenses
Incidental expenses related to City business shall be reimbursed at cost as
supported by submitted receipts. Incidental expenses may include hotel parking
charges, Internet connection services, and telephone charges.
The actual costs for parking will be reimbursed when approval to use a personal
vehicle or rental car is obtained in advance. Travelers should use the lowest cost
alternative for parking within a reasonable area from the destination. Internet
connection services purchased to conduct City business are reimbursable. Employees
will be reimbursed for telephone calls to City of Palo Alto offices. The hotel bill
should indicate any calls that are of a business nature. Reimbursement for calls
home is limited to one call per day of reasonable length. Other charges on the
hotel bill, such as pay-TV movies, cleaning, laundry, room service charges
(additional over cost of meal) or charges for additional guests are not reimbursable.
Travel Expense Report
Within thirty business days after the employee's return from the trip, a Travel
Expense Report must be filed with the Accounting Division of ASD. Employees are
encouraged to complete the Travel Expense Report electronically in Excel.
Employees shall print and sign the Travel Expense Report. When signing the Travel
Expense Report, the employee certifies that the expenses listed on the Report were
incurred in conformance with
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense
Reimbursement
Revised: January 28, 2016
the Travel Policy and that the “amount due the employee” has not been received
from any other source. The original Pre-Travel Authorization form must be
attached to the Travel Expense Report. The filing of this report is necessary
whether or not reimbursement is requested in order to document to the IRS that the
travel expenses do not constitute miscellaneous income to the employee. If this report
is not filed within the required thirty working days, no future travel requests will be
processed for the individual until outstanding travel and expense claims are complete.
The Travel Expense Report must account for all expenses, including
expenses paid by the procurement card, and all expenses must be supported by
itemized original receipts or copies of electronic receipts. For air
transportation, the original airline ticket or flight confirmation printout should
be attached. It is not sufficient to provide Internet quotes or pre-stay web
confirmations for air travel or lodging. For expenses paid with the P- Card, the
original receipts must be attached to the P-Card statement and copies of the
receipts should be attached to the Travel Expense Report.
The Travel Expense Report must be approved by the Department Head/CAO or
designee. (Each department/office provides a list of designated approvers to ASD
on an annual basis). Department Head travel shall be approved by the City Manager
or designee and CAO travel shall be approved by the Assistant City Manager or
designee. Department Head/CAO approval is required for any expenses that were not
authorized on the Pre-Travel Authorization form. For missing documentation, the
traveler shall attach a written explanation detailing the expenditure and reason for
the missing receipt, and obtain Department Head approval.
If reimbursement is due to the employee, a check will be issued to the employee
using the Travel Expense Report (no separate claim voucher is needed). If the
reimbursement amount is $150 or less, the employee may request reimbursement via
petty cash.
Local One-Day Travel
Employees shall obtain verbal approval for one-day local travel (not requiring airfare
and/or an overnight stay) from his/her Department Head, Assistant Department Head,
Deputy Director, Division Head or designee prior to the traveler’s departure.
Designees must be management staff. A Pre-Travel Authorization form is not required
for local travel.
Typical reimbursable expenses for local travel include mileage, public
transportation, parking, bridge tolls, meeting or conference registration fees,
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense
Reimbursement
Revised: January 28, 2016
and meal expenses. Only expenditures supported by itemized receipts will be
reimbursed.
Travelers may be reimbursed for meal expenses. Itemized receipts for meals must
be maintained. The maximum reimbursement amount for meals shall be:
$15.00 for breakfast, $16.00 for lunch, and $28.00 for dinner. Under no
circumstances will expenses for alcoholic beverages be reimbursed by the City. Meal
reimbursements for local conferences, meetings, or training conducted between the
hours of 8 a.m. and 5 p.m., will be limited to lunch. When meals are provided as part
of the cost of an event, travelers will not be reimbursed for the actual expenses of
these meals.
Local travel meal expenses that do not meet the IRS definition of “business
related” will be considered taxable income and added to the employee’s W-2. For a
meal to be considered non-taxable, it must be “directly related” and “associated
with” the active conduct of City business. To meet this definition, business must be
conducted during the meal period. Meal expenses associated with training do not
meet the IRS definition of a business related meal. Such meals will be considered
taxable income and added to the employee’s W-2.
For all meal expense reimbursements, the form should include an explanation of why
the meal was necessary for the conduct of City business.
Night Meeting Meals
Meals taken by management employees assigned to attend night meetings will be
reimbursed for actual dinner expenses up to $20. Itemized receipts for meals must be
maintained. Reimbursement should be requested on a Citywide Petty Cash
Reimbursement form. To obtain the form, refer to the City’s Petty Cash Policy. The
Petty Cash Reimbursement form must be accompanied by the meeting agenda.
Night meeting meal reimbursements are considered taxable income and will be added
to the employee’s W-2.
SEIU Overtime Meals
Meals taken by SEIU employees working emergency and non-emergency overtime
will be reimbursed in accordance with the contract between the City and SEIU,
currently in the amount of $10 for breakfast, $15 for lunch, and $20 for dinner. No
receipts are required. Reimbursement should be requested on a Citywide Petty Cash
Reimbursement form.
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
Revision July 20, 2016
Reimbursement for Personal Vehicle Use on City Business
City pool cars, assigned vehicles or public transportation should be used for trips
between City facilities, to local meetings/training, or other events outside the City limits
but within the Bay Area whenever possible. If a city vehicle or public transportation is not
available or feasible, personal cars may be used and mileage will be reimbursed at the
prevailing IRS rate for the distance between the employee’s home and the destination or
work and the destination, whichever is less. Mileage reimbursement requests shall include
the number of miles driven, the employee address, and the purpose of the trip.
Reimbursement requests that cover more than one date will be accepted on one form if the
trips are for the same purpose or meeting.
Recipients of an automobile expense allowance may not receive personal vehicle mileage
reimbursement, except in the case of business travel beyond the Bay Area counties of
Santa Clara, Alameda, Contra Costa, Solano, Napa, Marin, San Francisco, San Mateo and
Sonoma. In addition, CAO’s and Department Heads who receive an automobile expense
allowance in lieu of exclusive use of a City automobile may not use City pool cars for
business use except on an emergency basis, which is documented by memo to the
City Manager.
NOTE: Questions and/or clarification of this policy should be directed to the
Administrative Services Department.
DocuSign Envelope ID: F259C423-B91A-4811-B67F-79FDFF7E4734
Certificate Of Completion
Envelope Id: F259C423B91A4811B67F79FDFF7E4734 Status: Completed
Subject: Please DocuSign: C12146667 Van Scoyoc Associates Contract Amendment No. 5.pdf
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