HomeMy WebLinkAboutStaff Report 6393
City of Palo Alto (ID # 6393)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/25/2016
City of Palo Alto Page 1
Summary Title: Contract Amendment for Dyett & Bhatia
Title: Approval of Amendment Number 2 to Contract No. C14149978 with
Dyett & Bhatia Urban and Regional Planners in the Amount of $42,000 to
Complete/Provide Downtown Cap Study Policy Recommendations and
Analyze Scope of Downtown Basement Conversions to Office Space
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that the City Council authorize the City Manager or designee to approve
Amendment Number 2 to contract C14149978 with Dyett & Bhatia Urban & Regional
Planners to add $42,000 for a total contract amount not to exceed $305,000 for further data
and analysis related to the Downtown basement conversions and preparation of a policy
recommendation report based on the findings of Phase I Downtown Cap Study and the
previously initiated Retail and Residential analyses.
Executive Summary
In October 2013, the City Council awarded a contract for the Downtown Development
Cap Study (Phase I) to Dyett & Bhatia Urban & Regional Planners for the sum of $200,000.
As part of that study, Dyett & Bhatia performed detailed data collection and analysis of
non-residential developments in the Downtown area. Phase I has been completed and the
City Council received the resulting reports in June 2014 and January 2015.
Additional Retail and Residential analysis work was requested by the City Council in
December 2014 while reviewing the City’s Comprehensive Plan. City Council directed staff
to explore opportunities to preserve retail throughout the city and gather data and
stakeholder input. In February of 2015, the Dyett & Bhatia contract was amended to add
$63,000 to include this additional task. Staff and consultant are now working on this
previously initiated Downtown Retail and Residential capacity analysis. Through fall and
spring of 2014 and 2015, at various City Council meetings on the Comprehensive Plan
update, City Council members expressed their desire to conduct a study of basement
conversions occurring in the Downtown area.
City of Palo Alto Page 2
Background
The City Council awarded the contract for the Downtown Development Cap Study Phase I to
Dyett & Bhatia Urban and Regional Planners in October 2013, and the study was completed
over the course of 2014. The study included background research and analysis of existing
land use and development trends, parking and traffic conditions and the theoretical and
realistic capacity of Downtown Palo Alto for non-residential development. The C i t y
Council specifically deferred a discussion of policy implications (Phase II of the study) until
a later date and the Comprehensive Plan Update became the forum for discussions
related to the relative merits of growth management programs like the “cap” instituted in
Comprehensive Plan Program L-8.
The City Council’s discussions during the Comprehensive Plan update study sessions of late
2014 and early 2015 resulted in a list of additional items to be studied concurrently with
the Comprehensive Plan. The City Council directed staff to explore opportunities to study
retail preservation throughout the City, necessitating data collection and stakeholder
discussions in the City’s retail districts (CMR 5286). The City Council also adopted an updated
Housing Element which commits the City to assess the potential for removing housing sites
in the San Antonio/South El Camino Real areas, requiring an analysis of the potential for
residential development in Downtown. Since residential uses were not included in the original
Downtown Development Cap Phase I study, the City Council requested similar type of analysis
work to understand the potential of the Downtown area to accommodate more residential
development, both over long term to support a vibrant mixed use urban core, as well as short
term need to meet the housing units need of the adopted Housing Element.
In February of 2015, the City Council amended Dyett & Bhatia’s contract (CMR # 5464) and
added $63,000 to include the above mentioned additional work of data collection and
analysis of Downtown’s Retail and Residential conditions. This work is ongoing.
Discussion
At a study session on Sept 8, 2014 on Comprehensive Plan update, the City Council requested
staff to assess and understand trends related to basement conversions in downtown; (please
refer to meeting minutes http://www.cityofpaloalto.org/civicax/filebank/documents/44712
pages 5 through 7). Staff included this City Council requested information update in the work
scope for Comprehensive Plan update in the December 8, 2014 Council Update (CMR # 5286,
Attachment A). Basement conversion discussion came up consequently in few other City
Council meetings. On February 9th, 2015, City Council’s agenda item on Office R&D annual
growth limit included discussion on basement conversions by different City Council members;
(please refer to pages 17-18 of meeting minutes
(http://www.cityofpaloalto.org/civicax/filebank/documents/46612).
The Retail Preservation Ordinance discussion item of April 6th, 2015 also included another
discussion by City Council members on basement conversions; (please refer to meeting
minutes pages 23-24, http://www.cityofpaloalto.org/civicax/filebank/documents/47145).
City of Palo Alto Page 3
Based on the City Council’s repeated discussions on basement conversions, staff suggests
amending existing Dyett & Bhatia Urban and Regional Planners’ work scope. The scope
includes identifying and characterizing existing basements in the downtown area based on
available data and research, and establishing an approximate magnitude for potential
basement conversions in the future. A memorandum with findings on basement conversion
will be prepared by the consultants as a part of this contract. Additional tasks under this
contract include preparation of a policy recommendation report based on the key findings
from Phase I study as well as Retail and Residential analyses. Policy recommendations will be
made on office/non-residential growth management, retail preservation and retention,
housing and mixed use in Downtown and parking and traffic impact reduction.
Staff requests an additional $42,000 to add to the existing Dyett & Bhatia contract for the two
above mentioned items. Staff believes that this work can be accomplished by Dyett & Bhatia
because of their familiarity and understanding of economic conditions and land use issues of
Downtown Palo Alto.
Timeline
Immediately upon execution of the contract amendment, staff will meet with the
consultants to initiate the scope of work as described in contract. Staff expects the retail
and residential market assessment and capacity analysis along with the basement
conversion trend and analysis to be completed within four to five months after
commencement.
Resource Impact
Sufficient funding is available in the Planning and Community Environment Department FY
2016 operating budget for the basement conversion analysis study. No additional funding is
needed.
Policy Implications
Undertaking the proposed assessment of retail trends and residential capacity along with
basement conversions study would continue to address Comprehensive Plan Program L-8 (re-
evaluate the Downtown cap) and L-9 (monitor the effectiveness of ground floor retail
requirements), and would inform implementation of Housing Element Program H2.2.5
(identify more transit-rich sites including the downtown and consider exchanging for sites
along San Antonio and South El Camino Real).
Environmental Review
The recommended action in this report is exempt from the provisions of the California
Environmental Quality Act (CEQA). Specifically, this action would authorize the city to conduct
a land use study that will help inform future decisions. No action, change or impact to the
environment will occur as a direct result of this decision. Accordingly, the project is exempt
City of Palo Alto Page 4
pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies) and Section
15061(b)(3) (the “Common Sense exception”).
Attachments:
Attachment A: Dyett & Bhatia Contract #C1419978 Amendment 2 (PDF)
1 of 10 Revision April 28, 2014
AMENDMENT NO. 2 TO CONTRACT NO. C14149978
BETWEEN THE CITY OF PALO ALTO AND
DYETT & BHATIA, URBAN AND REGIONAL PLANNERS
This Amendment No. 2 to Contract No. C14149978 (“Contract”) is entered into January 25, 2016,
by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and DYETT & BHATIA, URBAN AND REGIONAL PLANNERS, a California corporation,
located at 755 Samsome Street, Suite 400, San Francisco, California, Telephone (415) 956-4300
("CONSULTANT").
R E C I T A L S
A. The Contract was entered into between the parties for the provision of
evaluation of existing and projected parking, traffic and land use conditions in the downtown Palo
Alto.
B. CITY intends to increase compensation of $263,000.00 by $42,000.00 to
$305,000.00 for additional studies as specified and incorporated into 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 4 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”, including both payment
for professional services and reimbursable expenses, shall not exceed Two Hundred Ninety Five
Thousand Dollars ($295,000.00). In the event Additional Services are authorized, the total
compensation for Services, Additional Services and reimbursable expenses shall not exceed Three
Hundred Five Thousand Dollars ($305,000.00). The applicable rates and schedule of payment are set
out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part
of this Agreement.
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 in Exhibit “A”.”
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
Attachment A
2 of 10 Revision April 28, 2014
SECTION 2. 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 “A” entitled “SCOPE OF SERVICES”.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”.
c. Exhibit “C” entitled “COMPENSATION”.
d. Exhibit “C1” entitled “HOURLY RATE SCHEDULE”.
SECTION 3. 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 have by their duly authorized representatives
executed this Amendment on the date first above written.
CITY OF PALO ALTO
APPROVED AS TO FORM:
DYETT & BHATIA, URBAN AND
REGIONAL PLANNERS
Attachments:
EXHIBIT "A": SCOPE OF SERVICES
EXHIBIT "B": RATE SCHEDULE
EXHIBIT “C” COMPENSATION
EXHIBIT “C1” HOURLY RATE SCHEDULE
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
President
3 of 10 Revision April 28, 2014
EXHIBIT “A”
SCOPE OF SERVICES
Per Amendment No. 2, EXHIBIT “A” is hereby modified to incorporate the following additional
scope of services.
Project Understanding and Approach
Background on Phase I
CONSULTANT and Economic Planning Systems (EPS) (as subconsultant) completed Phase 1 of the
Downtown Development Cap Study for the City of Palo Alto in 2014, which consisted of
background research and analysis of land use and development trends, parking, and economic
conditions in Downtown Palo Alto following implementation of the non-residential development cap
policy established in 1986. The final deliverable included an assessment of current and potential
future non-residential development in Downtown Palo Alto, based on an analysis of remaining
development capacity under current zoning, physical and regulatory constraints to development, and
the market potential for and financial feasibility of new development.
Residential and Retail Uses
CITY is concerned about the trend in conversions of retail space to non-retail uses, particularly office
uses, in the Downtown area off University Avenue. In particular, small-scale “mom and pop” stores
appear to be most affected. Retail, as a non-residential use, was included in the overall analysis of
supply and demand for non-residential space in Downtown in Phase I of the study; this effort would
parse out buildout potential for retail as a subset of commercial uses overall. The CITY has adopted
an Emergency Interim Retail Preservation Ordinance; the work completed under this project may
assist the CITY in determining its permanent approach to supporting retail in Downtown.
Phase II
The CITY spent much of the summer of 2015 considering an annual cap on office development. An
ordinance has not yet been adopted, as both the CITY Council and the Planning & Transportation
Commission have continued to debate aspects of the proposed square footage limit, including
implementation, enforcement, the area(s) of the CITY to which it would apply, and its relationship to
current development proposals, adopted plans, and other ongoing planning efforts. However, after
the CITY Council receives recommendations from the Planning & Transportation Commission, it is
anticipated that the cap will be adopted on a trial basis. Accordingly, the CITY is considering the
potential effects of the proposal as part of the Comprehensive Plan 2030 effort. Further, in June, the
CITY Council extended the ground floor retail “Urgency Ordinance” (originally adopted during
May) to prevent the conversion of any ground floor retail or “retail-like” use to any other use on a
citywide basis. The ground floor retail protections will now extend for about two years, allowing the
CITY time to reconsider policy options.
The original Request for Proposals for the Downtown Development Cap project envisioned a second
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
4 of 10 Revision April 28, 2014
phase of work in which the findings from Phase I were used to draft policy recommendations. Given
that the topics addressed in Phase I are still relevant and unresolved, this revised scope of work
includes preparation of policy recommendations consistent with Phase II of the Downtown
Development Cap Study. These recommendations may be used by staff, decision-makers, and
members of the Comprehensive Plan Citizens Advisory Committee to help chart a long-term
direction for Palo Alto regarding land use and growth management in its Downtown.
Scope of Work
Task 1: Basement Conversions Study (CONSULTANT, EPS)
A. Records Search. In cooperation with CITY staff, query planning and building permit databases
for basement improvement projects. Through interviews with staff, instances of code
enforcement citations for basement improvements or basement use infractions will also be
reviewed. The purpose is to identify legal and illegal basement retail-to-office conversions. This
sub-task assumes one half-day working session with CITY staff in the Development Services
Department and the Building Department/code enforcement as necessary (one meeting).
B. Visual search. Visually inspect areas of Downtown for evidence of basements, and, if possible,
basement offices, to identify and characterize these spaces. This sub-task assumes one day of on-
site fieldwork in Downtown Palo Alto.
C. Characterize basement workspaces. Identify building, site, tenant, and other characteristics of
subterranean office spaces, particularly those that were converted from storage or other non-
office use.
D. Identify potential for additional conversions. Compare constituent characteristics of basement offices to overall downtown building stock data to establish approximate magnitude of potential
for future conversions.
E. Draft Report. We will provide a draft memorandum of findings on potential for basement
conversions. The documentation of basement conversion data and analysis is anticipated to be both quantitative and qualitative in nature, with the depth of quantitative data to be determined
based on the outcome and success of the various lines of inquiry explored. The draft will be provided for CITY review and comment (up to two rounds of review).
F. Final Report. Based on consolidated comments, the team will prepare the final basement conversions study.
Task 2: Phase II Policy Recommendations
A. Check-in meeting with Staff and General Plan Policy Review (CONSULTANT, EPS). Prior
to starting to draft the policy recommendations, the consultant team will meet with staff to
review progress to date, major issues, and preliminary policy areas to explore. Staff and the consultant team will also discuss the status of the concurrent Comprehensive Plan Update and
review relevant policies pertaining to land use, circulation, and business/economics affecting the Downtown area. The objective is to learn what policy approaches have been tried and been
successful (or not) in the past, and to assess current proposed policy direction as it relates to this effort.
B. Administrative Draft Policy Recommendations (CONSULTANT, with EPS input). Prepare an administrative draft policy recommendations report, which will include the following:
Project background
Summary of key findings from Phase I and additional residential/retail analyses
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
5 of 10 Revision April 28, 2014
Statement of Policy Objectives
Policy recommendations on the following topics (preliminary list):
o Office/non-residential growth management
o Retail preservation, building space use, and small local business development and
retention
o Development standards
o Housing and mixed use Downtown
o Parking and traffic impact reduction; transportation demand management
C. Revised Draft Policy Recommendations (CONSULTANT). Based on staff review and input,
revise the policy recommendations.
D. Present Recommendations (CONSULTANT, EPS). Present the final recommendations at one
meeting of the Planning & Transportation Commission or other decision-making body.
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
6 of 10 Revision April 28, 2014
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Per Amendment No. 2, EXHIBIT “B” is hereby modified to incorporate the following 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
Task Start/End Time Total Weeks from NTP
Task 1: Basement
Conversions
Start week 1, end week 10 10 weeks
Task 2: Policy
Recommendations
Start week 10 end week 16 16 weeks
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
7 of 10 Revision April 28, 2014
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$305,000.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. 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.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $305,000.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1
(Start Up, Review &
Community Engagement Plan) $8,978.00
Task 2
(Existing Condition & Trends
Evaluations) $41,672.00
Task 3
(Growth Projections) $80,895.00
Task 4
(Surveys on Parking Habits &
Employment Density) $33,130.00
Task 5
(Stakeholders Task Meetings) $8,430.00
Task 6
(Focus Groups Meetings) $7,740.00
Task 7
(Planning & transportation Commission,
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
8 of 10 Revision April 28, 2014
City Council Meetings) $7,570.00
Task 8
(Community Workshop Open House $9,690.00
Meetings)
Task 9
(Amendment No. 1, Additional Studies) $52,530.00
Task 10
(Amendment No. 2, Additional Studies) $42,000.00
Sub-total Basic Services $292,635.00
Total Basic Services and Reimbursable expenses $2,365.00
Additional Services $10,000.00
Maximum Total Compensation $305,000.00
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
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 $2,365.00 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
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
9 of 10 Revision April 28, 2014
CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such
services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and
maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project
Manager and CONSULTANT prior to commencement of the services. Payment for additional
services is subject to all requirements and restrictions in this Agreement
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
10 of 10 Revision April 28, 2014
Per Amendment No. 2, EXHIBIT “C1” is hereby modified to incorporate the following Hourly Rate Schedule.
Task 1: Basement
Conversions
Task 2: Policy
Recommendations
Rate Hours Fee Hours Fee
Total
Hours
Total
Fee
D&B
Principal $185 26 $4,810 16 $2,960 42 $7,770
Senior Associate $145 20 $2,900 20 $2,900 40 $5,800
Planner/Urban Designer I $95 34 $3,230 8 $760 42 $3,990
GIS $125 12 $1,500
$0 12 $1,500
Admin $75 0 $0 4 $300 4 $300
Direct Costs 0 $100
Subtotal
92 $12,440 48 $6,920 140 $19,460
EPS
Managing Principal $250 16 $4,000 4 $1,000 20 $5,000
Executive VP $220 38 $8,360 16 $3,520 54 $11,880
Research Analyst $120 40 $4,800 4 $480 44 $5,280
Production Staff $85 2 $170
$0 2 $170
Direct Costs $110 0 $210
Subtotal
96 $17,440 24 $5,000 120 $22,540
Grand Total
188 $29,880 72 $11,920 260 $42,000
Direct Costs includes mileage, meals and other travel expenses; printing; data purchase. Direct costs are
billed at no markup. Mileage is billed at the IRS-permitted maximum.
D&B reserves the right to reallocate budget between tasks and/or personnel provided the overall budget
does not change.
DocuSign Envelope ID: 541734D6-5EC0-49A3-A4B8-343C868F59C6
Certificate Of Completion
Envelope Id: 541734D65EC049A3A4B8343C868F59C6 Status: Completed
Subject: Please DocuSign this document: C14149978 CONTRACT AMENDMENT NO 2.pdf
Source Envelope:
Document Pages: 10 Signatures: 1 Envelope Originator:
Certificate Pages: 4 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
1/5/2016 9:32:09 AM
Holder: Christopher Anastole
chris.anastole@cityofpaloalto.org
Location: DocuSign
Signer Events Signature Timestamp
Rajeev Bhatia
rajeev@dyettandbhatia.com
President
Security Level: Email, Account Authentication
(None)Using IP Address: 50.193.44.189
Sent: 1/5/2016 9:38:37 AM
Viewed: 1/5/2016 10:06:57 AM
Signed: 1/5/2016 10:52:51 AM
Electronic Record and Signature Disclosure:
Not Offered
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
Robin Ellner
robin.ellner@cityofpaloalto.org
Admin Associate III
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 1/5/2016 10:52:52 AM
Electronic Record and Signature Disclosure:
Accepted: 2/11/2015 9:51:24 AM
ID: efb775a7-f39e-4c9f-817a-5ec939666ecf
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/5/2016 10:52:52 AM
Certified Delivered Security Checked 1/5/2016 10:52:52 AM
Signing Complete Security Checked 1/5/2016 10:52:52 AM
Completed Security Checked 1/5/2016 10:52:52 AM
Electronic Record and Signature Disclosure
CONSUMER DISCLOSURE
From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 10/1/2013 3:33:53 PM
Parties agreed to: Robin Ellner
How to contact City of Palo Alto:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: david.ramberg@cityofpaloalto.org
To advise City of Palo Alto of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at
david.ramberg@cityofpaloalto.org and in the body of such request you must state: your previous
e-mail address, your new e-mail address. We do not require any other information from you to
change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Palo Alto
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to david.ramberg@cityofpaloalto.org and
in the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Palo Alto
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request
you must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Palo Alto as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Palo Alto during the course of my relationship with you.