HomeMy WebLinkAboutStaff Report 13847
City of Palo Alto (ID # 13847)
City Council Staff Report
Meeting Date: 1/24/2022 Report Type: Information Reports
City of Palo Alto Page 1
Title: Contracts Awarded by the City Manager and Procurement Officer
From: City Manager
Lead Department: Administrative Services
Recommendation
This is an information report, no action is required.
Discussion
Palo Alto Municipal Code (PAMC) Section 2.30.710 requires the City Manager to provide a
biannual report to Council consisting of contracts awarded by the City Manager, Procurement
Officer or other designated employees for:
1) General and professional services in excess of $25,000 (Attachment B); and
2) Public works and goods in excess of $85,000 (Attachment A).
Attachment A (regarding contracts for goods in excess of $85,000) and Attachment B (regarding
contracts for services in excess of $25,000) fulfill this PAMC reporting requirement for the
period from July 1, 2021 through December 31,2021.
The contracts in Attachment A consist of eight (8) distinct awards for goods, and the contracts
in Attachment B consist of 41 distinct awards for a wide range of services. These awards are a
core element of the efficient and effective provision of services by the City to our community
and reflect extensive coordination and prudent decision-making among operating departments,
the Administrative Services Department, the City Attorney's Office, and City Clerk's Office.
For informational purposes, Attachment C provides excerpts from the Palo Alto Municipal Code
that set forth the authority designated by Council to the Procurement Officer to award and sign
contracts (PAMC 2.30.200), City Manager to award and sign contracts (PAMC 2.30.210), and
exemptions from competitive solicitation (PAMC 2.30.360 and 2.30.900), as noted for certain
contracts listed in Attachments A and B.
It should be noted, that the City officially sunset the designation of a local emergency on June
31, 2021 in response to the ongoing coronavirus pandemic. However, the State declaration of
emergency has remain in effect during this reported period.
City of Palo Alto Page 2
Attachments:
• Attachment A: Material Contracts Awarded by CPO & CM July 1, 2021 through
December 31, 2021
• Attachment B: Services Contracts Awarded by CPO & CM July 1, 2021 through December
31, 2021
• Attachment C: Excerpts from the Palo Alto Municipal Code
ATTACHMENT A
Goods Contracts Awarded ($85,000 through $250,000 per year)
July 1, 2021 to December 31,2021
Contract Award To Award Date Award Amount Bidding Exemption or Number
of Bids Sent/Received Description
ADVANCED CONTROL SYSTEMS,
INC.
07/16/2021 233,333.33 2.30.360(d)Purchase of SCADA Equipment-Year 3
HOWDEN ROOTS LLC 12/06/2021 93,249.48 2.30.360 (d)Spare parts for Aeration Blowers
LN CURTIS & SONS 07/14/2021 120,000.00
2.30.360(d)Various fire, safety & rescue equipment - Year 2
NATIONAL AUTO FLEET GROUP 10/07/2021 177,997.11 2.30.360 (j)Purchase of one new 2022 Ford F-550 SuperDuty
OLIN CHLOR ALKALI PRODUCTS 07/26/2021 124,069.50
92/3 Purchase order for 12.5% Bulk Sodium
Hypochlorite- Year 2
PIVOT INTERIORS INC.11/22/2021 125,811.31 2.30.360(j)Herman Miller Furniture for the Water Quality
Control Plant
TMT ENTERPRISES INC 07/14/2021 150,000.00
518/3 Sand Rock Gravel Water Gas Waste- Year 2
WATCHGUARD VIDEO 12/21/2021 117,844.00 2.30.360(j)Watchguard MAV and BWC units for Police
Department
ATTACHMENT B
Service Contracts Awarded ($25,000 through $85,000 per year)
July 1, 2021 to December 31, 2021
Contract Award To Award Date Award Amount
Bidding Exemption
or Number of Bids
Sent/Received
Description
ACCELA INC 11/16/2021 26,673.97 2.30.360(b)5-Year Accela Mobile Office M&S and
MS
ASSETWORKS, INC.12/21/2021 38,793.31 2.30.360(d)Annual software maintenance and
supportBEST BEST & KRIEGER LLP 12/21/2021 25,000.00 2.30.360(g)Professional Legal Services
BING HUO 12/01/2021 52,600.00 4/4/Implementation of the CITY’s
Sustainability and Climate Action Plan
BSI EHS SERVICES AND SOLUTIONS 10/25/2021 40,000.00 2.30.360(i)Return to Work Consultant
CALTRAIN 12/14/2021 77,206.50 2.30.360(d)Go Pass Program
CAREFUL MOVERS INC 11/23/2021 25,000.00 4/4 Furniture Relocation Services
CDW GOVERNMENT 08/02/2021 37,530.00 2.30.360 (j)Armorblox: Inbound
CDW GOVERNMENT
12/16/2021 72,696.58 2.30.60(j)Procurement of CrowdStrike software
and services
CINTAS CORPORATION 07/27/2021 30,000.00 2.30.360(j) Electric Operations Uniform Rental
CINTAS CORPORATION 07/28/2021 57,000.00 2.30.360(j) Water Gas Wastewater Operations
Uniform Rental
COMFORT INTERNATIONAL INC 11/01/2021 36,737.00 6/6 Annual HVAC Maintenance Services- 3
Year Term
COOPER COMPLIANCE CORPORATION 09/01/2021 39,900.00 2.30.360(i)WECC/NERC Consultant
DLT SOLUTIONS LLC 08/24/2021 37,224.30 3/3 AutoCAD Government Single User
EDGEWORTH INTEGRATION LLC 11/23/2021 28,073.68 2.30.360(i)Hardware update Police Department
camera system
FLYNN RESOURCE CONSULTANTS INC 09/29/2021 49,900.00 2.30.360(i)Consulting Services - CAISO
GARDA CL WEST, INC.10/28/2021 33,495.00 2.30.360(b)Armored Truck Transport Services
GLOBAL RENTAL COMPANY INC 09/24/2021 43,000.00 3/3 Rental of AA55 Altec Bucket Truck
ATTACHMENT B
Service Contracts Awarded ($25,000 through $85,000 per year)
July 1, 2021 to December 31, 2021
Contract Award To Award Date Award Amount
Bidding Exemption
or Number of Bids
Sent/Received
Description
GROUP 4 ARCHITECTURE RESEARCH &
PLANNING INC.
09/28/2021 84,910.00 271/13 Design services to install 3 new
Automated Material Handling (AMH)
Systems at the CITY’s College Terrace,
Children’s, and Downtown Libraries.
INTEGRATED DESIGN 360 LLC 07/01/2021 50,000.00 2.30.360(i)Dewatering Monitoring Services
ITECH SOLUTION 12/16/2021 37,300.28 3/3 Data Cabling Replacement
JACKSON LEWIS PC 08/27/2021 85,000.00 2.30.360(g)Professional Legal Services
JARVIS, FAY & GIBSON, LLP 07/07/2021 50,000.00 2.30.360(g)Professional Legal Services
JARVIS, FAY & GIBSON, LLP 07/12/2021 25,000.00 2.30.360(g)Professional Legal Services
JARVIS, FAY & GIBSON, LLP 08/18/2021 30,000.00 2.30.360(g)Professional Legal Services
KIS 10/18/2021 33,685.00 3/3 Subscription Barracuda CloudGen
Firewall Renewal
LENAHAN SLATER PEARSE & MAJERNIK 09/21/2021 35,000.00 2.30.360(g)Professional Legal Services
LIEBERT CASSIDY WHITMORE 07/12/2021 30,000.00 2.30.360(g)Professional Legal Services
LIEBERT CASSIDY WHITMORE 09/20/2021 40,000.00 2.30.360(g)Professional Legal Services
MBS ENGINEERING, INC.11/10/2021 26,202.25 6/1 Recoating Gas Main line- Matadero
Creek
METROPOLITAN PLANNING GROUP INC 09/28/2021 31,680.00 2.30.360(h)1700 Embarcadero Rd - Site & Design-
Cost Recovery
MOORE IACOFANO GOLTSMAN INC 10/08/2021 38,073.00 2.30.360(i)Baylands CEQA study
NORTHWEST LINEMAN COLLEGE 12/16/2021 85,000.00 2.30.360(d)Apprentice Training for the Utilities
Department
PALO ALTO HISTORICAL ASSOCIATION 08/05/2021 35,000.00 2.30.360(i)Archive of the CITY's collection and
facilitate public access to information
and materials relating to the history of
Palo Alto.
ATTACHMENT B
Service Contracts Awarded ($25,000 through $85,000 per year)
July 1, 2021 to December 31, 2021
Contract Award To Award Date Award Amount
Bidding Exemption
or Number of Bids
Sent/Received
Description
PG&E 07/15/2021 75,000.00 2.30.360(d)PG&E (Training Services) Year 2
PROJECT SENTINEL
12/17/2021 70,954.00 2.30.360 (b)Mediation Services for the Palo Alto
Mediation Program- Year 1
RINCON CONSULTANTS, INC.10/28/2021 125,383.00 2.30.360(h)200 Portage Ave for an EIR-Deposit
based contract
RINCON CONSULTANTS, INC.10/28/2021 38,767.00 2.30.360(h) 1700 Embarcadero Rd - Initial Study-
Mitigated Negative Declaration- Cost
Recovery
RINCON CONSULTANTS, INC.10/28/2021 40,355.00 2.30.360(h)2850 West Bayshore for a Class 32
Categorical Exemption-Deposit Based
Contract
STANFORD UNIVERSITY KZSU 07/19/2021 25,000.00 2.30.360(i)Broadcast City Council Meetings
YOUTH COMMUNITY SERVICES 11/16/2021 50,000.00 2.30.360(i)Youth Connectedness Initiative
ATTACHMENT C
Excerpts from the Palo Alto Municipal Code
Chapter 2.30 – Contracts and Purchasing Procedures
2.30.200 Procurement officer contract award authority.
The Procurement Officer may award and sign the following contracts:
(a)Public Works Contracts. Public works contracts, where the term does not exceed three years,
and the contract priceand any price contingency established for change orders, but excluding sales
tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of
$85,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent
contract year.
(b)Contracts for Goods. Contracts to purchase goods, where the term does not exceed three
years, and the contract price and any price contingency established for change orders, but excluding
sales tax or use tax, do not exceed $85,000.00 in the first year, and do not exceed the sum of
$85,000.00and any unexpended monies carried forward from a prior contract year, in any subsequent
contract year.
(c)General Services Contracts. General services contracts, where the term does not exceed three
years, and the contract priceand any price contingency established for change orders or additional
services, but excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and
do not exceed $85,000.00 and any unexpended monies carried forward from a prior contract year, in
any subsequent contract year.
(d)Professional Services Contracts. Professional services contracts, where the term does not
exceed three years, and the contract price, and any price contingency established for additional
services, but excluding sales tax or use tax, do not exceed the sum of $85,000.00 in the first contract
year, and do not exceed the sum of $85,000.00 and any unexpended monies carried forward from a
prior contract year, in any subsequent contract year.
(e)Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.
Notwithstanding Subsection 2.30.200(c), the Procurement Officer may award and sign contracts other
than general services agreements, including, without limitation, vendor-based standard form hardware
and software purchase and licensing contracts, for the purchase of hardware and software, the
licensing of software, and the maintenance and support of hardware and software, where the term of
licensing or maintenance and support services does not exceed five years and the contract price,
excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract year and
does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior
contract year, in any subsequent contract year. The contracts referred to herein may include contracts
for data storage services, which shall be subject to the city's information security policies, terms,
conditions and other requirements established by the chief information officer with the concurrence
and approval of the City Attorney.
(Ord. 5494 § 9, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
2.30.210 City Manager contract award authority.
The City Manager may award and sign the following contracts:
(a)Public Works Contracts. Public works contracts, where the term does not exceed three years,
and the contract price and any price contingency established for change orders, but excluding sales
tax or use tax, do not exceed $250,000.00 in the first contract year, and do not exceed the sum of
$250,000.00 and any unexpended monies carried forward from a prior contract year, in any
subsequent contract year.
(b)Contracts for Goods. Contracts to purchase goods, where the term does not exceed three
years and the contract price and any contingency established for change orders, but excluding sales
tax or use tax, do not exceed $250,000.00 in the first contact year, and do not exceed the sum of
$250,000.00 and any unexpended monies carried forward from a prior contract year, in any
subsequent contract year.
(c)General Services Contracts. Contracts for services associated with the leasing or licensing of
personal property other than hardware or software, where the term does not exceed seven years, and
the contract price and any price contingency established for change orders, but excluding sales tax or
use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00
plus any unexpended monies carried forward from a prior contract year, in any subsequent contract
year.
(d)Contracts for Studies and Services Related to Private Development. Professional services
contracts for: (1) the preparation of environmental assessments or other studies deemed necessary
by the director of planning and development services for the processing of applications for private
development projects, or (2) inspection and plan review services deemed necessary by the director of
planning and development services to evaluate conformity of private development projects with
applicable building codes, regardless of the cost or term thereof, provided the applicant for the private
development project agrees, in writing, to bear responsibility for the entire contract cost, and the
contract does not require the expenditure of city funds in any amount.
(e)Rewards. The City Manager may offer and pay rewards where the amount of the reward does
not exceed $25,000.00, in accordance with the procedures of Section 2.30.800.
(f)Emergency Contracts. The City Manager is authorized to expend city funds for emergency
contracts, as defined in Section 2.30.160, without limitation on the contract cost or amount and without
following the contract solicitation and award procedures otherwise required by this chapter, provided
that any procurement of goods and services obtained during an emergency declared by the Federal
Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's
procurement orders, rules, regulations, guidelines and control procedures for cost reimbursement
purposes. Expenditures made during an emergency must be reported to the Council at the next
regular meeting if approval for such expenditures would otherwise have been made by the Council.
The City Manager may issue a verbal report to the Council before a written report is delivered.
(g)Contracts to Rent, Lease, License, Acquire, Transfer or Purchase Interests in Real Property
from Other Parties. Contracts for the rental, leasing, licensing, or purchase by installment interests in
real property from other parties for a term of seven years or less, where the contract price does not
exceed $85,000.00 per year, or to encumber or transfer any interest in real property from other parties
for any term of years. The City Manager may enter into and sign a contract to acquire or purchase an
interest in real property, where the contract price does not exceed $85,000.00.
(h)Contracts to Rent, Lease, or License City Real Property to Other Parties. The authority granted
under this Section is distinct from the authority of the director of community services to grant
individuals and groups permits for the exclusive temporary use of buildings and facilities located in,
and the areas of, city parks and open spaces, as described in Chapter 22.04 of this municipal code or
in the park and open space regulations. The City Manager may award and sign contracts to rent,
lease or license city real property to other parties regardless of the price for a term not exceeding
three years. Notwithstanding the preceding sentence, the City Manager may enter into and sign
contracts for the rental, lease or licensing of real property at the Cubberley Community Center for
terms of up to five years.
(i)Contracts to Provide Municipal Services to other Public Entities or Utilities. A contract to provide
municipal services and functions to any other public agency, public utility or other public entity in any
amount for a term not exceeding three years, provided the contract is in compliance with all Council-
adopted policies covering such contracts. The authority granted herein does not include the authority
of the City Manager to add permanent employee positions.
(j)Contracts Providing for Indemnity or Risk of Loss. The City Manager, with the concurrence and
approval of the City Attorney and the insurance risk manager, may enter into and sign contracts,
otherwise within the limits of his or her authority under Section 2.08.140 of this municipal code, that
provide for the city or its officers or employees to defend, indemnify, or assume the risk of damage,
loss, or liability for, or subrogate to any other contracting party respecting claims, demands, actions,
losses or liabilities arising from the city's performance or non-performance under the contract.
(k)Wholesale Utility Commodities and Services Contracts. Wholesale utility commodities and
services contracts, where the term does not exceed five years and the contract price does not exceed
$250,000.00 in any contract year.
(l)Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.
Notwithstanding Subsection 2.30.210(c), the City Manager may award and sign contracts other than
general services agreements, including, without limitation, vendor-based standard form hardware and
software purchase and licensing contracts, for the purchase of hardware and software, the licensing of
software, and the maintenance and support of hardware and software, where the term of licensing or
maintenance and support services does not exceed seven years and the contract price, excluding
sales tax or use tax, does not exceed $85,000.00 per year in the first contract or fiscal year and does
not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal
year, in any subsequent contract or fiscal year. The contracts referred to herein may include contracts
for data storage services, which shall be subject to the city's information security policies, terms,
conditions and other requirements established by the chief information officer with the concurrence
and approval of the City Attorney.
(m)Other Contracts. All other types of contracts for which the contract term does not exceed three
years and the total expenditure by the city does not exceed $85,000.00 in the first contract or fiscal
year, and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a
prior fiscal year, in any subsequent contract or fiscal year.
(Ord. 5494 §§ 3, 10, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
2.30.360 Exemptions from competitive solicitation requirements.
The following are exemptions from the informal and formal competitive solicitation requirements of
this chapter, except as otherwise provided. These exemptions will be narrowly interpreted and applied.
The department requesting an exemption shall provide all relevant information supporting the
application of the exemption to the Procurement Officer. Based upon this information, the
Procurement Officer shall make a recommendation to the City Manager and the City Manager shall
determine whether an exemption from the competitive solicitation requirements applies. Nothing
herein is intended to preclude the use of competitive solicitations, as practicable.
(a)Emergency Contracts, provided that any procurement of goods and services obtained during an
emergency declared by the Federal Emergency Management Agency shall comply with applicable
FEMA Public Assistance Program's orders, rules, regulations, guidelines and control procedures for
cost reimbursement purposes.
(b)Whenever solicitations of bids or proposals would for any reason be impracticable, unavailing or
impossible, provided that in the case of a public works project, the project is not otherwise required by
the charter to be formally bid. These situations are those where solicitations of bids or proposals
would not be useful or produce any operational or financial advantage for the city. Situations where
solicitations of bids or proposals would be impracticable, unavailing or impossible, include, without
limitation, the following:
(1)Contract specifications cannot be drawn in a way that would enable more than one vendor,
consultant or contractor to meet them;
(2)Due to circumstances beyond the control of the city, the time necessary to use the competitive
solicitation process, procedures and requirements would result in a substantial economic loss to the
city or the substantial interference with a required city operation;
(3)Special conditions attached to a grant, donation or gift requires the use of particular goods
and/or services.
All requests for exemptions under this subsection shall be supported by written documentation
(facsimile or electronic mail may be used), approved by the department head and the Procurement
Officer.
(c)Where competitive bids or requests for proposals have been solicited and no bid or proposal
has been received, or where no bid or proposal meeting the requirements of the invitation to bid or
request for proposals has been received, provided that, in the case of a public works project, the
project is not otherwise required by the charter to be formally bid.
(d)Contracts for goods, wholesale commodities and services, general services or professional
services available from only one source, where the Procurement Officer has determined, in writing,
there is no adequate substitute or equivalent provider. Examples of acceptable sole source
acquisitions or purchases may include, without limitation: equipment or services for equipment, for
which there is no comparable competitive product or service except that provided by the equipment
manufacturer, distributor or dealer; proprietary products sold directly by the manufacturer; a
component or replacement part, for which there is no commercially available substitute and which can
be obtained only from the manufacturer; goods where there is only one authorized distributor in the
area; and goods where compatibility with goods in use by the city is an overriding consideration. All
requests for sole source acquisitions or purchases shall be supported by written documentation
(facsimile or electronic mail may be used), approved by the office or department head, and forwarded
to the Procurement Officer.
(e)Contracts for goods where, pursuant to Section 2.30.900, the City Manager has determined that
standardization of the supplies, materials or equipment is permissible.
(f)Placement of insurance coverage and surety bonds.
(g)Legal services contracts, including, without limitation, the services of outside counsel,
consultants and other experts needed for litigation, administrative or other legal proceedings.
(h)Professional services contracts for private development related studies and services whenever
the services are funded wholly by private developers.
(i)Professional services contracts, where the estimated total expenditure by the city, regardless of
term, does not exceed $50,000.00.
(j)Cooperative purchases, with one or more other public agencies or through a cooperative
purchasing agency, provided: (i) the services are solicited using methods substantially similar to those
required by this chapter, as determined by the Procurement Officer; and (ii) the contract is consistent
with the requirements specified in this municipal code.
(k)The use of another governmental or public agency's contract or substantially the same contract
terms provided: (i) the agency uses a solicitation method substantially similar to the method required
by this chapter; (ii) the contract is consistent with the requirements specified in this municipal code;
and (iii) the Procurement Officer determines that the city will realize overall value to utilizing the other
agency's contract or contract terms compared to the city performing its own solicitation.
(l)Contracts with, or solicited on the city's behalf by, Northern California Power Agency,
Transmission Agency of Northern California, and Western Area Power Administration to procure
wholesale utility commodities and services that meet the requirements of Section 2.30.340(d) or
2.30.360(k).
(m)Contracts with Pacific Gas and Electric Company and the California Independent System
Operator Corporation for energy transmission services to the extent necessary and expedient to
provide for the general health, safety and welfare of the city's utility customers.
(n)Contracts with any public agency or governmental body to construct a public work, where the
Procurement Officer determines the public agency or governmental body has used methods similar to
those required by this chapter to contract for the public work.
(o)Contracts with any public utility holding a certificate of public convenience and necessity or any
entity holding a cable service or video service franchise pursuant to chapter 2.10 of this municipal
code to construct a public works, where such works involves property of such public utility or cable
service or video service franchisee and is otherwise of direct concern to both the city and such public
utility or cable service or video service franchisee, provided that the project is not otherwise required
by the charter to be formally bid.
(p)Contracts with private developers to construct public improvements in connection with their
development projects, even if the city contributes funds to the improvement project, provided that the
projects are not otherwise required by the charter to be formally bid.
(q)Projects, where the public work is performed by the city with its own employees.
(r)Contracts, where the estimated total expenditure by the city does not exceed $10,000.00.
(s)Contracts with entities to procure at wholesale prices utility commodities and services under a
city "feed-in tariff" energy program that meets the requirements of Section 2.30.340(c).
(t)Professional services contracts in relation to personnel matters for: recruitment consultants,
workplace investigations, threat assessments, conflict intervention, and industrial safety.
(Ord. 5494 § 21, 2020: Ord. 5387 § 1 (part), 2016: Ord. 5148 § 2, 2012: Ord. 5081 § 1, 2010: Ord.
4827 § 1 (part), 2004)
PART 10 – STANDARDIZATION
2.30.900 Standardization.
Where the City Manager has determined that it is required by the health, safety or welfare of the
people or employees of the city, or that significant costs savings have been demonstrated, the
standardization of supplies, materials or equipment, including, without limitation, information
technology property, for purchase or to be used in a public works project is permitted and the supplies,
materials or equipment specifications may specify a single brand or trade name. The City Manager
may consider the following factors in determining to standardize on a single brand or trade name:
(a)Repair and maintenance costs would be minimized;
(b)User personnel training would be facilitated thereby;
(c)Supplies or spare parts would be minimized;
(d)Modifications to existing equipment would not be necessary;
(e)Training of repair and maintenance personnel would be minimized; and
(f)Matching existing supplies, materials or equipment is required for proper operation of a function
or program.
(Ord. 5494 § 40, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)