HomeMy WebLinkAboutStaff Report 2212-05124.Approval of Professional Services Agreement with Townsend Public Affairs, Inc.
(C23183770) in the Amount Not-to-Exceed $558,000 for State and Federal Legislative
Advocacy Services and Grant Consulting and Compliance Services for a Period of Three
Years with the Option to Renew for Two Periods of One Year Each; CEQA status—not a
project Supplemental Report
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: Consent
Lead Department: City Manager
Meeting Date: February 6, 2023
TITLE
Approval of Professional Services Agreement with Townsend Public Affairs, Inc. (C23183770) in
the Amount Not-to-Exceed $558,000 for State and Federal Legislative Advocacy Services and
Grant Consulting and Compliance Services for a Period of Three Years with the Option to Renew
for Two Periods of One Year Each; CEQA status—not a project.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or designee to
execute a Professional Services Agreement Contract No. C23183770 with Townsend Public
Affairs, Inc. to perform state and federal legislative advocacy services and grant support and
compliance services for a term of three (3) years, with the option to review for two periods of
one (1) year each, in the amount not-to-exceed $558,000.
EXECUTIVE SUMMARY
If approved, this professional services agreement with Townsend Public Affairs, Inc. (TPA) will
provide state and federal legislative advocacy and grant support and compliance services to the
City over the coming three years. TPA was selected through a competitive solicitation process
based on the firm’s proposed strategic and collaborative approach to supporting the City’s
legislative advocacy needs and pursuit of grant opportunities. The terms of the professional
service agreement include the option to renew for two periods of one (1) year each at the City
Manager’s discretion based on TPA’s performance (considering Council feedback on services
during the length of the contract).
BACKGROUND
In fall 2022, a Request for Proposals (RFP) was conducted for grant consulting and legislative
advocacy professional services. The project scope of services – seeking and submitting grant
applications and legislative advocacy work – are closely related, therefore the RFP was jointly led
by the City Manager’s Office and the Administrative Services Department (ASD). The scope was
structured as a multi-award opportunity where the City’s expectation is that regardless of which
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firms are selected, that the firms will work in partnership with one another and the City will
advance the entire ecosystem of advocacy and grant services for the City. The chart below
describes the relationships of this work.
*The 3 green circles all relate to the grant consulting tasks. They are listed as 3 separate circles to show
that support related to grants includes more than just finding grants for the City.
Legislative Advocacy
Palo Alto has had a firm advocating on behalf of the City in both Sacramento and Washington,
DC ongoing since the early 2010s. The firms use their established relationships in the State and
Federal Capitals to ensure that Palo Alto’s needs and positions are known and considered in the
decision-making process. The existing contracts for State and Federal advocacy services expired
on December 31, 2022 after being extended a few times throughout the length of the contracts.
The City Council adopted a legislative workplan in addition to the 2023 Legislative Guidelines on
November 7, 20221. The workplan included increased interaction between the full Council and
the legislative advocates during the legislative session. In recent years, the lobbyist has made at
least quarterly updates to the Policy and Services Committee and updates to the full Council as
action was needed on legislative positions. In the Council approved 2023 workplan, the frequency
of legislative discussions with the full Council have increased to replace the Committee-only
discussions. The 2023 workplan also includes a touch point early in the year with legislators
representing Palo Alto (intended as a legislative reception but this year it will likely be individual
legislator visits to Council due to scheduling difficulties).
1 Report (pdf page 168; CMR 14913): https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/agendas-minutes/city-council-agendas-minutes/2022/20221107/20221107pccsm-amended-linked-q.a-
2.pdf.
Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-
council-agendas-minutes/2022/20221107/20221107amccsm.pdf
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Grant Support Consultant Services
In summer 2022, under staff authority, staff executed a 10-month contract with California
Consulting to improve the City’s position in seeking opportunities and applying for grants to
enhance and increase service levels to the community. In addition, the consultant assisted the
City with the standardization of the City’s process for identifying, applying, tracking, and
reporting of grants. The agreement with California Consulting expires in January 2023.
ANALYSIS
Project Description
Legislative Advocacy. Working with City staff and Council, TPA will implement the City’s 2023
legislative workplan as approved by the Council in November 2022. TPA will implement
subsequent year workplans as well in a fashion that mirrors the Council direction in June 2021 to
be strategic in the approach to legislative advocacy in both Sacramento and Washington, DC.
With regular scheduled discussions with the full Council and the Policy and Services Committee,
TPA will inform the Council of updates in the state and federal capitals and receive feedback from
the Council on areas of interest and concern. Staff will regularly communicate with TPA to keep
progressing the City‘s legislative goals.
With the Policy and Services Committee discussion on November 3, 2022 and the full Council
discussion on November 7, 2022, the Council received an update on the happenings in
Sacramento and Washington, DC and planned out the work for 2023 in addition to adopting the
City’s Legislative Guidelines. Staff took this information into consideration in evaluating the
proposals for legislative services and factored it into the scope of services included in the
attached contract. In this 2023 legislative year, staff looks forward to the Council having
additional planned interactions with the lobbyist team based on the 2023 workplan.
Grant Support Consultant Services. Working with City staff, priorities and funding needs will be
assessed at the onset of the engagement by TPA. Working together with the City’s legislative
advocacy teams, TPA will research grant opportunities and assist the City with prioritizing grants
to pursue, based on funding priority and a variety of factors, such as eligibility and feasibility of
compliance requirements. TPA will also develop and submit the City’s grant proposal and provide
grant administration support post-award to ensure that the City meets reporting and compliance
requirements.
Summary of Competitive Solicitation Process
On August 31, 2022, a Request for Proposals (RFP) for legislative advocacy and grant consulting
services was posted on PlanetBids, the City’s eProcurement portal, as a multi-award RFP. The
proposal period was 34 calendar days and included a pre-proposal meeting to review work scope
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and answer questions that prospective proposers may have. Proposals were received by seven
consulting firms and six of these proposals were considered responsive, listed below:
•Alcalde & Fay (grant consulting and legislative services)
•California Consulting Inc. (grant consulting)
•Darnell Shaw Environmental, SPC. (grant consulting and legislative services)
•Engineering Solutions Services (grant consulting)
•Townsend Public Affairs, Inc. (grant consulting and legislative services)
•Van Scoyoc Associates, Inc. (legislative services)
Table 1 below summarizes the RFP process:
Table #1: Summary of Request for Proposal Process
Request for Proposals Name/Number Grant Consulting and Legislative
Advocacy Services (RFP 183770)
Total Days to Respond to RFP August 31 to October 4, 2022
(34 calendar days)
Pre-Proposal Meeting September 6, 2022
# of Company Attendees at Pre-Proposal Meeting Six
# of Proposals Received Seven*
Proposal Price Range $40,000 - $186,000, annually
*Individual proposals covered a variety of strategy areas (grants and legislative advocacy)
An evaluation committee consisting of Administrative Services, Public Works, and City Manager‘s
Office convened to review proposals and conduct interviews with the top three scoring firms.
The committee reviewed the firm’s qualifications and submittal in response to the criteria
outlined in the RFP, including work quality, the consultant’s experience and effectiveness, quality
and completeness of the proposal, prior performance, the proposer’s financial stability and
ability to provide services. The committee also evaluated each firm’s proposed strategy and
approach to supporting the City in these service areas.
TPA stood out in grant consulting services because they provide assistance throughout the entire
grant process from searching for grants to application to grant award and to ensuring the City
knows the requirements for the grant and can comply with them in a timely manner. For state
legislative advocacy, TPA showed a breadth of knowledge on relevant issues and key players and
expressed how they would use that information to benefit the City. Lastly, for federal advocacy,
TPA’s scope included connections to federal agencies to stay informed of potential impacts to
the City. Overall, TPA’s expressed ability to connect grants, state, and federal advocacy work
efficiently on behalf of the City made them the forerunner for this contract for all three service
task areas.
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TPA was selected by the evaluation committee as the firm best qualified to support the City’s
legislative advocacy and grant support and compliance service needs. TPA has been the City’s
state legislative advocacy firm for the past eight years and most recently has assisted the City
with securing over $7.2 million in direct funding from the State (Fire Station 4 and Newell Road
Bridge Replacement) and securing a $26.6 million award for Project Homekey. In addition to
these recent funding successes, TPA has also helped establish Palo Alto’s presence in Sacramento
presenting the City as a thoughtful, strategic partner advocating for local communities. TPA’s
collaborative and strategic approach to advocacy and funding will position the City to explore all
funding opportunities through the state and federal legislative channels.
FISCAL/RESOURCE IMPACT
This action approves professional services for contract costs that are included in the City
Manager’s Office and Administrative Services Department FY 2023 General Fund Adopted
Budget. No Council action is needed to adjust the budget.
STAKEHOLDER ENGAGEMENT
These contracts continue resources to staff in departments throughout the organization and has
drawn assistance of a variety of department representatives for the evaluation of these proposals
and feedback of what is needed in work scope. Departments such as Public Works, City
Manager’s Office, and Administrative Services were consulted and coordinated with internally
on selection of these recommended firms. Staff also consulted the Council in the legislative
workplan for 2023 which is the basis for the work planned by the proposed firm. Council will also
interact in public meetings with the selected firm.
ENVIRONMENTAL REVIEW
Approval of this contract is not a project under the California Environmental Quality Act (CEQA),
as it is an administrative activity that will not result in direct or indirect changes in the
environment. (CEQA Guidelines 15378(b)(5).)
ATTACHMENTS
Attachment A: Contract with Townsend Public Affairs, Inc.; Contract #C23183770
APPROVED BY:
Ed Shikada, City Manager
Report #: 2212-0512
Dear Mayor and Council Members:
On behalf of City Manager Ed Shikada, please see below for staff responses to questions from
Councilmembers Tanaka and Veenker regarding the Monday, February 6 Council Meeting consent
agenda items.
Item 3, Adopt Revised Retiree Benefit Funding Policy (Formerly ‘Pension Funding Policy’) for the
Financial Planning of Employee Pension and Other Post-Employment Benefits (OPEB)/Retiree
Healthcare Plans
1. The staff report states that the discount rate change is prompted in part by the CalPERS
study published in November 2021. However, the current economy is substantially different
than it was then, due to factors such as the pandemic and ongoing supply chain issues. Is
the report still accurate given the substantial changes we have seen over the past year?
Staff response: Yes, the report remains informative; as a long-term investor policies reflect
estimates and projections over a longer period of time typically 10 and 20 year returns and
short term volatility is expected. Although policy adjustments occur at a more measured
pace, staff plan on an annual basis the City’s financials taking into consideration the
immediate impacts of the near-term market performance as part of its proactive funding both
through modeling projected discount rates as well as annual actuarial valuations provided by
CalPERs that update for actual experience each year.
2. The staff report states that the change of portfolio from moderately conservative to
balanced is projected to increase returns. During this economic downturn, is it still a good
decision to increase the risk of our investments in this way?
Staff response: This is a policy decision for the City Council to opine on the risk profile of
investments in Section 115 Trusts. Staff coordinated a study session with trust plan providers
with the Finance Committee and a review of the proactive funding policy and this change in
portfolio was a motion by the Committee unanimously approved for Council consideration.
Additional details and materials from this discussion are provided in the staff report issued
October 18, 2022 (CMR 14829).
3. One of the proposed changes to the Retiree Benefit Funding Policy increases the actuary
reporting to four years to better align with CalPERS studies. Given the importance of this
fund and high pension liabilities, why is the reporting period so infrequent? Wouldn’t the
success of this fund be improved by an annual or biennial reporting period, while also
syncing with the CalPERS studies?
Staff response: The ALM is a formal and comprehensive study completed on a four-year cycle.
CalPERS continues to issue annual valuations to inform the status of the City’s pension plans,
including significant changes to the plans, employer payments for the coming fiscal year, and
funded status. Staff continues to monitor actual plan experience for major discrepancies, such
as investment returns that do not meet target levels and uses software tools to estimate cost
impacts as part of the organization’s financial planning. Alignment of the review of the City’s
proactive funding policy with the CalPERS ALM study ensures timely reporting and
opportunity to realign the City’s policy, as needed, with the most current actuary assumptions
and experiences.
4. Another proposed change is switching from a moderately conservative portfolio to a
balanced portfolio, specifically from 15% to 58% in equities. What are the historic rates of
return of both the balanced and moderately conservative portfolios, and how close have
they been to the projected growth figures?
Staff response: The historical returns for the Pension Trust are above. For reference, historical
performance and detailed overview of portfolio options are included in the October 18, 2022
staff report (CMR 14829), Attachments B.
Conservative
Moderately
Conservative Moderate Balanced
Capital
Appreciation
1-year -10.0% -10.7% -11.6% -12.2% -14.0%
5-year 2.0% 3.1% 4.6% 5.3% 6.4%
10-year 2.8% 4.1% 5.9% 6.7% 8.0%
Item 4, Approval of Professional Services Agreement with Townsend Public Affairs, Inc. (C23183770)
in the Amount Not-to-Exceed $558,000 for State and Federal Legislative Advocacy Services and
Grant Consulting and Compliance Services for a Period of Three Years with the Option to Renew for
Two Periods of One Year Each; CEQA status—not a project
1. Has Palo Alto previously used any Legislative Advocacy or Grant Consulting Services?
Staff response: Yes, the City has been in engaged with a legislative advocacy firm since the
early 2010s. The City contracted grant consulting assistance services starting in 2022 for a
short-term pilot contract.
2. How much in grant funding has the City of Palo Alto received in the year of 2022? How
much is this amount projected to increase under TPA’s assistance?
Staff response: The City is significantly ramping up its application and management related to
grants. In working with a grant consulting firm, staff is working towards standardizing its
processes to identify, apply for, track, report on, and comply with grant requirements in a
more central way. In 2022, the City was awarded over $30 million based on the grant
opportunities available. Future grant awards depend on grant opportunities, applicability to
the City, and the City’s success in grant applications. Successful grant applications require
projects to have demonstrated significant progress and solidification of intended plans.
3. The agreement with Townsend, I note the not-to-exceed amount. I don’t see any minimum
or monthly/annual retainer. Is that correct?
Staff response: Townsend proposed to bill monthly and the monthly amount they will charge
for all 3 task service areas are $15,500 per month for all services including reasonable
business and travel expenses.
Professional Services Rev. Dec.15, 2020 Page 1 of 28
CITY OF PALO ALTO CONTRACT NO. C23183770
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND TOWNSEND PUBLIC AFFAIRS, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 1st day of
January, 2023 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and TOWNSEND PUBLIC AFFAIRS, INC., a California co, located at 1401 Dove Street, Ste. 330, Newport Beach, California, 92660 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference: RECITALS
A.CITY intends to be represented in all state and federal legislative advocacy matters and
requires grant consulting and compliance services (the “Project”) and desires to engage a
consultant for representation and professional services in connection with the Project (the“Services”, as detailed more fully in Exhibit A).
B.CONSULTANT represents that it, its employees and subconsultants, if any, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C.CITY, in reliance on these representations, desires to engage CONSULTANT to providethe Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31, 2025
with the option to renew for an two periods of one (1) year each, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. CITY shall notify CONSULTANT of its intent to exercise its option to renew in writing no later than ninety (90) days before the end of the term of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE
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OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Five Hundred Fifty-Eight Thousand Dollars ($558,000.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-
to-exceed compensation amount of zero Dollars ($0) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Five Hundred Fifty-Eight Thousand Dollars ($558,000.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced,
written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK
ORDER”. Each Task Order shall contain a specific scope of services, schedule of
performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the
amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for
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Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in
the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
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deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and
omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized
by CITY to perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Niccolo De Luca, Telephone: (510) 835-9050, Email: ndeluca@townsendpa.com, as the CONSULTANT’s Project
Manager to have supervisory responsibility for the performance, progress, and execution of the
Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager
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and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services
or a threat to the safety of persons or property.
CITY’s Project Manager is Chantal Cotton Gaines, City Manager’s Office, 250 Hamilton Avenue, 7th Floor, Palo Alto, CA, 94301, Telephone: (650) 329-2572, Email: Chantal.Gaines@CityofPaloAlto.org. CITY’s Project Manager will be CONSULTANT’s point of
contact with respect to performance, progress and execution of the Services. CITY may designate
an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
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or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall
obtain a policy endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-: VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
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SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to the effective date in the notice of suspension or termination; provided, however, if this
Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made
in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
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SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with
waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero
Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements:
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(a)All printed materials provided by CONSULTANT to CITY generated from apersonal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any
submitted materials printed by a professional printing company shall be a minimum of 30% or
greater post-consumer material and printed with vegetable-based inks. (b)Goods purchased by CONSULTANT on behalf of CITY shall be purchased inaccordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file
at the Purchasing Department’s office.
(c)Reusable/returnable pallets shall be taken back by CONSULTANT, at noadditional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such
employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030
for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of
the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This Section shall take precedence in the event of a conflict
with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1)is not a public works contract;
(2)is for a public works construction project of $25,000 or less, per CaliforniaLabor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or(3)is for a public works alteration, demolition, repair, or maintenance project of$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
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alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
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CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
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SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT NO. C3183770 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________ City Manager
APPROVED AS TO FORM:
__________________________ City Attorney or designee
TOWNSEND PUBLIC AFFAIRS, INC.
By:_________________________________
Name: Christopher Townsend
Title: President
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EXHIBIT A SCOPE OF SERVICES
CONSULTANT will provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
CONSULTANT will represent CITY in all federal and state legislative advocacy matters including grant seeking and funding advocacy. CONSULTANT will also assist the City in the follow up requirements necessary for grants the City successfully obtains. The
CONSULTANT'S objective will be to execute a comprehensive legislative strategy on behalf of
CITY.
CONSULTANT will not attempt to achieve the CITY'S goals while disadvantaging another entity, city, or county. When possible, CONSULTANT will work towards win-win scenarios. In
order to achieve the CITY'S objectives, advocacy must encompass an understanding of all
matters related to the CITY'S legislative program.
Task 1: State Legislative Advocacy Services and Deliverables
CONSULTANT will continue to utilize the following strategic and comprehensive approach to
provide state legislative advocacy services to the City. The deliverables for state legislative
advocacy services are embedded within the scope below.
CONSULTANT will advocate in Sacramento on behalf of the City of Palo Alto. These efforts
will include:
1. Conduct Detailed Orientation: CONSULTANT will utilize a comprehensive onboarding
process that includes extensive meetings with various relevant members of City
leadership and key City departments to help develop a strategic plan that is carefully
tailored to satisfy the needs of the City, as well as designed for maximum success in the
current political climate and funding environment.
2.Develop Legislative Strategy: Utilizing the information gathered during the onboarding
process and work the City has done in recent years, CONSULTANT will coordinate with
the City to develop an official legislative platform and strategy that represents the City’s
priorities in Sacramento. This blueprint will be shared with key stakeholders in the State
Legislature and Governor’s Administration.
3.Implement the Legislative Strategy: CONSULTANT will advocate for the City’s
legislative agenda utilizing the following methods:
4. Build and Strengthen Relevant Relationships: CONSULTANT has cultivated a network
of valuable relationships that will be leveraged to promote the City’s legislative agenda.
These relationships include:
a.City Legislative Delegation (State Senator and State Assembly member)
b. Governor’s Administration and Agency Leadership
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c. State Legislative Leadership
d. Key Legislative Committees
i. Senate Budget Committee
ii. Assembly Budget Committee
iii. Senate Governance and Finance Committee
iv. Assembly Local Government Committee
v. Senate Housing Committee
vi. Assembly Housing and Community Development Committee
5. Leverage Relationships for Strategic Advocacy Plan: CONSULTANT will engage
various techniques to leverage its network of key relationships on behalf of the City:
a. Schedule meetings for the City to discuss relevant legislation
b. Prepare all briefing materials and talking points for the City
c. Brief legislative offices and stakeholders on the City’s legislative agenda
d. Follow-up on meetings to ensure commitments and deliverables are being met
6. Coordinate Advocacy Trips: CONSULTANT will work with the City to coordinate
advocacy trips to Sacramento to meet with the City’s legislative delegation, as well as
legislators that serve on committees relevant to the City’s agenda. Furthermore, whenever
possible, CONSULTANT will also schedule site visits by legislators to the City.
7. Track Legislation: CONSULTANT will identify, analyze, and monitor all bill
introductions and amendments relevant to the City’s legislative platform and assess their
potential impact on the City.
8. CONSULTANT will ensure that the City receives relevant information in a timely
manner on such legislation.
9. Craft Testimony and Position Letters: CONSULTANT will prepare and submit written
and verbal testimony regarding legislation relevant to the City.
10. CONSULTANT will also draft and deliver position letters to legislators and key officials
on specific bill language.
11. Draft Bill Language: CONSULTANT will draft language and amendments for relevant
legislation, as required to protect and promote the City’s agenda.
12. State Budget Funding Opportunities: In an effort to maximize state funding,
CONSULTANT will work with the City to identify projects and other funding priorities
that may be suitable for funding through the State Budget.
13. CONSULTANT will coordinate with the City to develop supporting materials for the
budget request.
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14. CONSULTANT will also work with members of the City’s state legislative delegation,
along with the Assembly and Senate Budget Committees, to gain support for the
inclusion of the City’s project in the final State Budget approved by the Legislature.
15. Strategic Communications Guidance: As directed, CONSULTANT advocates will
recommend strategic media strategies to improve the image of the City in the state and
effectively communicate the City’s policy priorities and positions to a broad audience as
needed. Examples include advice on Op-Ed materials, strategizing with media outlets for
visits with the City’s legislative delegations, and delivering state and local responses to
legislative issues.
16. Provide Progress Reports: CONSULTANT will confer regularly with the City on our
activities.
17. CONSULTANT will provide timely electronic reports on the status of all legislative
activity, such as bill language, amendments, and committee analyses.
18. In addition to written reports, CONSULTANT will be available to the City for
conference calls, in-person briefings, and meetings.
19. Prepare and File Lobbying Disclosure Reports: CONSULTANT will prepare and file, on
behalf of the City, all applicable state lobbying disclosure reports.
Task 2: Federal Legislative Advocacy Services and Deliverables
The deliverables for federal legislative advocacy services are embedded within the scope below.
CONSULTANT will utilize the following strategic and comprehensive approach to provide
federal legislative advocacy services to the City.
1. Conduct Detailed Orientation: CONSULTANT will utilize a comprehensive onboarding
process that includes extensive meetings with various relevant members of City
leadership and key City departments to help develop a strategic plan that is carefully
tailored to satisfy the needs of the City, as well as designed for maximum success in the
current political climate and funding environment.
2. Develop Legislative Strategy: Utilizing the information gathered during the onboarding
process, CONSULTANT will coordinate with the City to develop an official legislative
platform and strategy that represents the City’s priorities in Washington, DC. This
blueprint will be shared with key stakeholders in the Congress and the Presidential
Administration.
3. Implement the Legislative Strategy: CONSULTANT will advocate for the City’s
legislative agenda utilizing the following activities (not limited to)
4. Leverage Relationships for Strategic Advocacy Plan: CONSULTANT will engage
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various techniques to leverage our network of key relationships on behalf of the City:
a. Schedule meetings for the City to discuss relevant legislation
b. Prepare all briefing materials and talking points for the City
c. Brief legislative offices and stakeholders on the City’s legislative agenda
d. Follow-up on meetings to ensure commitments and deliverables are being met o
Coordinate
5. Advocacy Trips: CONSULTANT will work with the City to coordinate advocacy trips to
Washington, DC to meet with the City’s legislative delegation, as well as legislators that
serve on committees relevant to the City’s agenda. Furthermore, whenever possible,
CONSULTANT will also schedule site visits by legislators to the City.
6. Track Legislation: CONSULTANT will identify, analyze, and monitor all bill
introductions and amendments relevant to the City’s legislative platform and assess their
potential impact on the City.
7. CONSULTANT will also track other initiatives occurring in Washington, DC that could
impact the City (e.g., new programs with local impacts; relevant funding opportunities;
etc.)
8. Craft Testimony and Position Letters: CONSULTANT will prepare and submit written
and verbal testimony regarding legislation or initiatives relevant to the City.
9. CONSULTANT will also draft and deliver position letters to relevant agencies and
legislators.
10. Draft Bill Language: In partnership with legislators, CONSULTANT will draft language
and amendments for relevant legislation, as relevant and feasible to promote the City’s
agenda.
11. Federal Earmark / Community Project Funding Opportunities: In an effort to maximize
federal funding, CONSULTANT will work with the City to identify projects and other
funding priorities that may be suitable for funding through the Federal Earmark process.
12. CONSULTANT will coordinate with the City to develop supporting materials for the
earmark request.
13. CONSULTANT will also work with members of the City’s federal legislative delegation
to gain support for the inclusion of the City’s project.
14. Build and Strengthen Relevant Relationships: CONSULTANT has cultivated a network
of valuable relationships that will be leveraged to promote the City’s legislative agenda.
These relationships will include:
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a. City Legislative Delegation (US Senators and Representative representing Palo
Alto area)
i. Administration
ii. White House Office of Intergovernmental Affairs
iii. Department of Agriculture
iv. Department of Commerce
v. Department of Education
vi. Department of Homeland Security
vii. Department of Housing and Urban Development
viii. Department of the Interior
ix. Department of Justice
x. Department of Labor
xi. Department of Transportation
xii. Army Corps of Engineers
xiii. Bureau of Reclamation
xiv. Economic Development Administration
xv. Environmental Protection Agency
xvi. Fish and Wildlife Service
xvii. National Marine Fisheries Service
xviii. National Park Service
b. Federal Agencies
i. Army Corps of Engineers
ii. Bureau of Justice Assistance
iii. Community Oriented Policing Services (COPS)
iv. Employment and Training Administration
v. Environmental Protection Agency
vi. Federal Emergency Management Agency
vii. Federal Highway Administration
viii. Federal Railroad Administration
ix. National Endowment for the Arts
x. National Park Service
xi. US Economic Development Administration
xii. US Fish and Wildlife Service
xiii. US Forest Service
c. House Appropriations Committee
d. Energy and Commerce Committee
e. House Ways and Means Committee
f. Transportation and Infrastructure Committee
g. Municipal Organizations
h. US Conference of Mayors
i. National League of Cities
j. Mayors and CEOs for U.S. Housing Investment
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k. Mayors and CEOs for U.S. Housing Investments
15. Provide Progress Reports: CONSULTANT will confer regularly with the City on our
activities.
16. CONSULTANT will provide timely electronic reports on the status of all legislative
activity, such as bill language, amendments, and committee analyses. In addition to
written reports, CONSULTANT will be available to the City for conference calls, in-
person briefings, and meetings.
17. Prepare and File Lobbying Disclosure Reports: CONSULTANT will prepare and file, on
behalf of the City, all applicable federal lobbying disclosure reports.
Task 3: Grant Support Services
Task 3A: Funding Needs Assessment and Citywide Prioritization 1. Conduct Detailed Orientation: CONSULTANT will utilize a comprehensive onboarding
process that includes extensive meetings with various relevant members of City
leadership and key City departments to develop a strategic plan that is tailored to satisfy
the needs of the City, as well as designed for maximum success in the current political
climate and funding environment.
2. Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding
process, CONSULTANT will coordinate with CITY to develop a proactive and
comprehensive strategic funding plan that serves the needs of the City’s priorities. The
plan will identify City projects, outline and prioritize multiple funding options for each
project, and develop a specific plan of work tailored for each project. The plan will also
identify key criteria or restrictions that will help the City assess the cost/benefit ratio for
each grant opportunity.
3. Identify, Research, and Monitor Grant Funding Opportunities: CONSULTANT will
utilize list-serve subscription programs, funding workshops, agency canvassing, and other
networking tactics to ensure every potential opportunity is identified and reviewed for
relevance with the City’s projects.
4. CONSULTANT will Share these opportunities with CITY for further assessment and
determination if a grant application is warranted. CITY will also receive a grant matrix of
funding programs that is updated regularly as new opportunities arise and to assist with
workload management and prioritization.
Deliverables for Task 3A:
1. Meet with City staff to ascertain needs and goals
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2. Conduct background research as requested by City
3. Provide advice on best grants for City to pursue, based on Strategic Funding Plan and
grant requirements and guidelines
4. Regular communication via email, phone, or video conference regarding upcoming grant
opportunities.
5. Strategic Funding Plan and Grant Matrix of Funding Programs that includes elements
outlined above
Task 3B: Grant Writing Services
1. Community Outreach: CONSULTANT will assist CITY with community outreach
required for grant applications by ensuring the City is aware of specific requirements,
help develop materials that capture all elements required by the grant, and compile the
data following the outreach to include in the application.
2. Grant Application Development and Submittal: CONSULTANT will develop, draft,
submit, and follow up on each City grant application through the following process:
a. Establishment of Clear Accountabilities: To avoid confusion and inefficient and
to ensure that CITY is burdened as little as possible as CONSULTANT pursues a
grant opportunity, CONSULTANT will coordinate with CITY to ensure the
assignment of responsibilities and tasks are made clear.
b. Provide Overview of Full Application Requirements: To ensure that the program
is a strong fit for the City’s project, CONSULTANT will provide CITY with a
detailed overview of the requirements for each grant program and corresponding
application. This will include:
i. Application timeline
ii. Eligible project types
iii. Funding availability and award maximum and minimums
iv. List of application components, including proposal questions and any
required
v. Attachments
c. Assemble Project Background and Details: CONSULTANT will conduct a
detailed informational interview with City staff most involved with each project
to gain a full understanding of the project background and scope details necessary
for developing the grant proposal and addressing all application questions.
d. Coordinate Technical Project Details: For technical application components such
as site plans, detailed cost estimates, project timelines, engineering plans, and cost
benefit analyses, CONSULTANT will coordinate with City staff to compile all
necessary attachments and ensure consistency across all elements of the
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application.
e. Draft Written Proposal: CONSULTANT will fully draft all narrative components
of the application and, when applicable, will indicate where additional input or
project detail from the City could be provided during the proposal review process.
f. Incorporate Feedback to Finalize Proposal: Well ahead the of the application
deadline, CONSULTANT will provide CITY with a full draft for review and
feedback. CONSULTANT will incorporate any additional details or revisions
provided during this process to finalize the grant application and will obtain
CITY’S approval for the final version of the application prior to submission.
g. Submit Completed Application: CONSULTANT will ensure that applications are
submitted prior to the deadline, whether the submission is electronic or through
hard copies, in accordance with submission instructions for each individual
program. For hard copy submissions, CITY will print and package applications
according to submission instructions and will ship applications through a reliable
carrier service such as FedEx in order to provide the City with tracking and
delivery confirmation for the application.
h. CONSULTANT will also obtain a receipt for proof of submission and provide a
final copy of all submitted application documents to CITY.
3. Funding Advocacy: Throughout grant application process CONSULTANT will leverage
relationships with relevant officials and program officers in various state and federal
funding agencies to ensure that grant applications are aligned with the goals of the
specific grant program and that the applications are well-crafted and well positioned for
funding.
Deliverables for Task 3B:
1. Develop/draft, finalize, and submit all sections of grant applications, with direction of
CITY.
2. Monthly reports that advise CITY of status of grants in progress, grants submitted, and
grants awarded.
3. Ensure timelines for grant submittal are met.
Task 3C: Grant Compliance Support
1. Post-Grant Submittal Advocacy: CONSULTANT will frequently contact legislators and
agency officials to follow up on the status of a grant application and promote its need and
urgency. This will include drafting letters of support after grant submissions and
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distributing them to legislators for their consideration. In addition, CONSULTANT will
work with legislators to reach out to individual granting agencies to provide background
on City’s projects and convey their support for those projects.
2. Post-Award Grant Administration and Compliance: CONSULTANT will also assist, as
needed, with post-award administration and compliance for all grant applications
submitted by CONSULTANT on behalf of CITY. This assistance will include interacting
with granting agencies on behalf of the City, providing support for the drafting and
submission of required reports, evaluations, and other tasks related to the successful
monitoring of and compliance with the program requirements.
a. On an as needed basis, CONSULTANT will provide post-award grant
administration and compliance technical expertise and/or support, as agreed upon
between the CONSULTANT and CITY for grants not submitted by
CONSULTANT.
b. Scope and fees for these ADDITIONAL SERVICES will be agreed upon by
CONSULTANT and CITY and a TASK ORDER issued.
3. Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some
grant applications are not selected for funding. In those instances where grant
applications are unsuccessful, CONSULTANT will work with the relevant state and
federal funding agencies to set up in-person or telephone debriefing sessions to discuss
the grant applications and how to best revise the grant applications for the next funding
round to ensure success.
4. Provide Monthly Progress Reports: CONSULTANT will confer regularly with CITY on
grant opportunities, progress reports, and other activities. CONSULTANT will provide
timely electronic monthly reports on the status of all funding activity, such current
funding opportunities, current applications, submitted applications, and post-grant
submittal advocacy, and a summary of activities taken during the previous month and the
status. In addition to written reports, CONSULTANT will be available to the City for
conference calls, in person briefings, and meetings.
Deliverables for Task 3C:
1. Monthly reports that detail grant compliance activities, current and upcoming, and state
and/or federal legislative advocacy work/support.
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EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities,
professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.:
2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________ COST CENTER________________
COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED SCHEDULE OF PERFORMANCE MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________
Name __________________________________ Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________
Name __________________________________ Title___________________________________
Date ___________________________________
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EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones Completion Number of Days/Weeks (as specified below) from NTP
Task 1: State Legislative Services As directed by the City Project Manager within
the term of the agreement.
Task 2: Federal Legislative Services As directed by the City Project Manager within
the term of the agreement.
Task 3: Grant Support and Compliance
Services Includes A, B and C below
A. Funding Needs Assessment and Citywide Prioritization, as described in Exhibit “A” As directed by City Project Manager within the term of agreement.
B. Grant Writing Services, as described in Exhibit “A” As directed by City Project Manager within the term of agreement.
C. Grant Compliance Support, as described in Exhibit “A” As directed by City Project Manager within the term of agreement. Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms
and conditions of this Agreement, and as set forth in the budget schedule below. Compensation
shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of
the tasks or categories listed below, provided that the total compensation for the Services,
including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and
Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT Task 1 (Grant Consulting and Compliance Services) $144,000.00
Task 2
(Federal Legislative Advocacy Services) $216,000.00
Task 3 (State Legislative Advocacy Services) $342,200.00
Less: Discount for Bundled Cost Structure (Tasks 1, 2, and 3) ($144,000.00)
Sub-total for Services $558,000.00
Reimbursable Expenses (if any) $0.00 Total for Services and Reimbursable Expenses $558,000.00
Additional Services (if any, per Section 4) $0.00
Maximum Total Compensation $558,000.00 REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
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Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost. All requests for reimbursement of expenses, if any are specified as reimbursable under this
section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT D INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES
AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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