East Palo Alto City Council
February 1, 2022

East Palo Alto City Council February 1, 2022 Agenda Page 1 of 3

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
February 1, 2022, 6:30 p.m.

EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted in accordance with Assembly Bill 361. All members of the City Council will participate in the meeting by video conference, with no physical meeting location available to the public.

Community members may provide comments by emailing [email protected] or using the “RAISE HAND” feature when the Mayor or City Clerk call for public comment. Emailed comments should include the specific agenda item on which you are commenting.

Please click this URL to join
https://us06web.zoom.us/j/81335493212
Or join by phone:

Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or
+1 346 248 7799 or
+1 253 215 8782 or
+1 312 626 6799 or
+1 929 205 6099 or
+1 301 715 8592
Webinar ID: 813 3549 3212
International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council February 1, 2022 Agenda Page 2 of 3

1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

1. Black History Month Proclamation
Recommendation: Present the proclamation.

2. Issuing a Request for Proposals for Business License and Tax Administration Services
Recommendation: Review and direct the City Manager to issue the Request for Proposal (RFP) Business License and Tax Administration Services.

3. Appointment of Interim City Attorney
Recommendation: Adopt a Resolution retaining Armento and Hynes, LLP, to provide Interim City Attorney Services, effective February 11, 2022.

4. Amendment to Agreement with EPACANDO for Below Market Rate Housing Program Administration
Recommendation: Adopt a Resolution (Attachment 1):

Clarifying that the term of the Agreement with EPACANDO to administer the City’s Below Market-Rate Housing Program (“Agreement”) may be extended for up to two additional periods of one year each, with approval of the City Manager, commencing upon the expiration of the initial term, which began on May 10, 2019; and Authorizing the City Manager to amend the Agreement to reflect the above clarifications.

5. Selection of Recruitment Firms for the new Chief of Police and Additional Recruitments
Recommendation: It is recommended that the City Council take the following actions:

1. Authorize the City Manager to execute agreements with both Koff & Associates and CPS HR Consulting, in forms approved by the City Attorney, to provide recruitment services on an as needed basis, as described in the staff report; and

2. Concur with the City Managers recommendation to assign the Police Chief recruitment to Koff & Associates.

4. CLOSED SESSION

1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on items not listed on the agenda may do so under this item. Each speaker is limited to two minutes. The Mayor has the discretion to adjust speaking times. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter.

The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

6. INFORMATIONAL REPORTS
East Palo Alto City Council February 1, 2022 Agenda Page 3 of 3

1. Waste Process Outreach
Recommendation: Batool Zaro, EIT, Assistant Civil Engineer will provide a presentation regarding Waste Process Outreach.

7. SPECIAL PRESENTATIONS - NONE

8. PUBLIC HEARINGS - NONE

9. POLICY AND ACTION

1. Ravenswood Business District Specific Plan – Housing Locations and CEQA Scenarios
Recommendation: That the City Council:

1. Provide direction on the total number of housing units for the two CEQA study scenarios

2. Confirm additional locations where housing will be allowed in the amended Specific Plan

2. City Council Consideration of Potential Approaches Regarding Unhoused Residents
Recommendation: Accept the staff report and provide direction regarding the City’s approach to supporting the unhoused population.

3. COVID-19 Vaccination Program Regular Update
Recommendation: Discuss the COVID-19 vaccination program update and provide direction to staff.

10. COUNCIL REPORTS

11. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2 ND Floor, City Hall, 2415 University Avenue, East Palo
Alto, California 94303 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

POSTED: January 28, 2022
ATTEST:

James Colin
Acting City Clerk

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: James Colin, Executive Assistant
SUBJECT: Black History Month Proclamation
Recommendation
Present the proclamation.

Attachments

1. Proclamation

3.1 Packet Pg. 4
••••

3.1.a
Packet Pg. 5
Attachment: Proclamation (2083 : Black History Month Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: Tomohito Oku, Finance Director
Greg Henry, Senior Management Analyst
SUBJECT: Issuing a Request for Proposals for Business License and Tax Administration Services
Recommendation
Review and direct the City Manager to issue the Request for Proposal (RFP) Business License and Tax Administration Services.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 2: Enhance Economic Vitality
Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
The current business license system is labor intensive for staff, with 12 percent of the Finance Departments total staff hours (or .75 of a full-time employee) annually committed to managing business licenses. The current intake process is completely manual with citizens completing a paper form (and mailing it in or delivering in person) which is then transcribed into the City’s Business License software by staff. Annually, for the renewal and to process the business license tax, businesses must complete a paper form to calculate what is owed. Staff has found that 10 to 15 percent of businesses that mail in their renewals complete the form incorrectly, leading to additional staff time reaching out to those businesses and correcting the information and asking for a new payment.

Analysis
The purpose of this RFP is to find a business license and tax administration services. The services being requested through this RFP will improve the customer experience. The RFP

3.2 Packet Pg. 6
requires that the new business license and tax administration service include an online portal where citizens will be able to:
· Determine if they have an active business license are up to date on their fees. · Complete an online form to file for or review their license. · Print their license if it’s up to date.
· Provide businesses with their annual business license tax amount (once they submit their gross receipts), with no calculations required by businesses. · Pay using a credit card (should they so desire). Cash and Check payments will continue to be accepted.

This additional online functionality has been requested by many of our businesses and will reduce staff overhead and simplify compliance with City code for local business.

In addition to the improved customer experience to be provided by the online portal, migrating the day to day aspects of this function from City staff to a contractor will allow staff to:
· Focus on preparing for the planned Enterprise Resource Planning (ERP) implementation and other higher-level work.
· Develop the underlying Credit Card policies necessary for a broader Credit Card roll out and act as a test case.
· Reduce the size of the planned ERP, improving timeline and likelihood of a successful implementation.
· Place business licenses under a single department (Finance) while currently it is shared between City Hall staff and Tate Street staff. This simplifies processes and improves internal controls.

Fiscal Impact
There is no cost to release the RFP.

Public Notice
N/A
Environmental
No environmental impacts.

Attachments

1. City of East Palo Alto - RFP Business License Services

3.2 Packet Pg. 7
Request for Proposals
Business License Services
January 19, 2022

3.2.a
Packet Pg. 8
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contents

1. Introduction.......................................................................................................1

2. Scope of Work ...................................................................................................2

3. Proposal & Project Timeline and Contacts.........................................................4

4. Proposal Guidelines...........................................................................................5

5. Selection Criteria and Evaluation Process........................................................10

6. General Conditions..........................................................................................12

3.2.a
Packet Pg. 9
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

1. Introduction
The City of East Palo Alto (“City”) is requesting proposals from qualified vendors to perform all business license services and to improve the overall efficiency of the Business License Division operations as well as to increase revenues.
a. City General Information and Governance
The following sections provide general information regarding the City governance structure and financial reporting requirements:

The City of East Palo Alto, incorporated in 1983, is the newest city in San Mateo County with a population of approximately 30,545 people. East Palo Alto is one of California’s most vibrant and diverse communities located in the San Francisco Peninsula and nestled within the heart of Silicon Valley. East Palo Alto is centrally located to international travel and is a central location to major neighboring tech companies and employers. Priding itself on its unique and multicultural community, East Palo Alto consists of youthful, diverse, and hard-working individuals.

The City of East Palo Alto operates under a Council/Manager form of government. Its mission is to provide responsive, respectful, and efficient public services to enhance the quality of life and safety for its multi-cultural community. The City fiscal year begins on July 1 and ends on June

30. City Hall is located at 2415 University Avenue., East Palo Alto, CA 94303. b. Description of Business License Team
The Finance Department is responsible for the issuance of all business licenses. The process is currently managed through paper submittals and hand data entry into the City’s Land Management System by staff.

The Finance department works in conjunction with other divisions such as Planning, Building and Code Enforcement, and Police as well as the Local Fire District to ensure compliance with the City and State requirements.
c. License Types
Business License Tax
The City Business License is a tax the detail of which are codified in Title 5 of the City’s Municipal Code:
https://library.municode.com/ca/east_palo_alto/codes/code_of_ordinances?nodeId=TIT5BULIRE.

There is a set fee for the first license. Then, most business determine their tax from their gross receipts Schedule. If the business has no Gross Receipts or is a one-time specialty business there is a set fee for those business types in the Fee Schedule.

The license schedule is currently annual, due on January 1 of each year and delinquent on February 1.

3.2.a
Packet Pg. 10
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

The City also allows a multi-year license for non-in situ1contractors working in the City for a specific project. The City would also like to consider the option to offer Semi-Annual License.

For all delinquent license fee payments, there shall be added a penalty of 10% for each month the license fee remains delinquent until the total penalty equals a sum of 50% greater than the original license fee.

The City’s current application form can be found here:
https://www.cityofepa.org/sites/default/files/fileattachments/finance/page/4241/business_license_ap plication_2018_finance.pdf.

Measure O
On November 8, 2016 the voters of the City of East Palo Alto voted in favor of Measure O. Under Measure O, owners of residential properties with five or more residential rental units are subject to a

1.5% tax on gross rental receipts.

More detail regarding this tax can be found here: https://www.ci.east-paloalto.ca.us/finance/page/east-palo-alto-business-licenses-measure-o.

Annual Revenue
2018 2019 2020
Business License Tax 916,828 897,210 907,565
Business License Penalty and Fees 176,595 21,356 58,197 Measure O 512,031 534,395 620,078

2. Scope of Work
The City desires business license services which must include all of the below services:
• Business License Software
To allow businesses to complete applications and make payments online. • Compliance Management Services
(Discovery Services, Audit Services, Collection Services) To bring unlicensed businesses into compliance and ensure that the City receives the accurate amount of revenues.
o Discovery Services include the identification of businesses that are subjected to local tax ordinances, but are not properly registered and paying the tax to the City. This includes identification, notification, document processing, calculation of taxes owed, and collection of identified amounts. Balancing enforcement with customer service, Discovery Services can ensure compliance with the City’s 1 Business with no office in the City

3.2.a
Packet Pg. 11
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

municipal code by finding unregistered businesses operating not only from the brick-and-mortar stores, but also finding home based and out-of-city businesses that would otherwise be overlooked.
o Audit Services confirm that registered businesses are compliant with local reporting requirements. Audits allow the City to maintain its fiduciary and tax administration responsibilities as well as ensure a level playing field for those businesses that are reporting accurately. Audits also ensure that entities are receiving the accurate amount of revenues to which they are entitled. Audits are conducted on registered businesses to validate accurate reporting of taxation variables such as gross receipts and number of employees. In addition to verifying accurate reporting methods, audits can assist in identifying underground business to business transactions, provide details on complicated new business registrations, defend the City against refund and apportionment claims, and other tax administration duties.
o A successful Collections Program is a key tool for business license operations. A Collections Program can provide collection services on known delinquencies as well as unknown debt from non-responsive and closed businesses. The result is increased tax and license revenues.
• Business License Operations Support Service
o Compliance Support – Includes internal compliance reviews by providing lead lists, audit analysis support and other compliance related services. o Process Improvements – Includes best practices reviews, fee studies, ordinance reviews and updates, form design and other process enhancements that increase revenues and customer service.
• Business License Operations Management – Includes License Registration Database Management, Renewal Processing, New Account Processing, Payment Posting/Processing, Business Support Center, and On-Line Filing and Payment Processing. The City’s goal is to pass off all day-to-day operations of the Business License process to the awarded vendor.

3.2.a
Packet Pg. 12
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

3. Proposal & Project Timeline and Contacts
a. Key Dates
RFP Issued February 2, 2022
Request for Clarifications Due February 18, 2022
Proposal Submittal Deadline and Formal Opening March 18, 2022 - 4pm Demonstration and Interviews with City Staff TBD –March 2022 Contract awarded by City Council April 2022
b. Contacts
Inquiries concerning the RFP must be received by email and should be addressed to:

Greg Henry, Senior Management Analyst, [email protected] Proposals (excluding cost proposal) must be submitted via email to the City Clerk ([email protected])
Cost proposals must be delivered, in hard copy, in person or by mail to the City to:

City of East Palo Alto
Office of the City Clerk – BID
City Clerk
2415 University Avenue, 2nd FL
East Palo Alto, CA 94303
Submissions must be received, in full, by the City at or before the stated time will to be considered.

3.2.a
Packet Pg. 13
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

4. Proposal Guidelines
a. General Guidelines
Failure to comply with the requirements set forth in this RFP may result in disqualification.

Proposals and/or modifications received after the hour and date specified above will not be accepted. Submitted proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline.

No handwritten notations or corrections will be allowed. The responding Consultant is solely responsible for all costs related to the preparation of the proposal.

The City reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in any proposal. Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract.

During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City, vendors submitting proposals may be requested to make oral presentations as part of the evaluation process.

The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the vendor of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the vendor selected.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be on conforming to the RFP instructions, responding to the RFP requirements, and providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. b. Proposal Sections
The following proposal sections are to be included in the Proposer’s response:

Sections I – III are to be submitted in a single file emailed to the City Clerk while Item IV must be submitted physically to the City Clerk by mail or hand delivered.

All sections must be submitted via the proper procedure by the time of the Formal Opening.

3.2.a
Packet Pg. 14
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

I. Letter of Transmittal
A signed letter of transmittal briefly stating the vendor’s understanding of the work to be completed, the commitment to perform the work within the time period, a statement why the vendor believes itself to be the best qualified to perform the engagement and a statement that the proposal is a vendor and irrevocable offer. List all subcontractors, if any.

II. Technical
The Technical Proposal shall address all points outlined in the request for proposals (excluding any cost information, which should only be included in a separate Cost Proposal). The proposal shall be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of this request for proposals. While additional data may be presented, the following subjects must be included and shall represent the criteria against which the proposal will be evaluated:

A. Vendor Qualifications and Experience - To qualify the vendor must have extensive experience in business license administration. The Proposer shall state the size of the vendor, range of service performed and include a list of all current clients.

B. Supervisory and Staff Qualifications and Experience - Identify the principal supervisory and management staff, including managers, other supervisors, and specialists who may be assigned. Include resumes of the principal supervisory and management staff.

C. References - Provide a list of not less than three (3) client references for whom services like those outlined in the RFP are currently being provided. For each reference listed provide the name of the organization, dates for which the service(s) are being provided, type of service(s) being provided and the name, title, address, telephone number, and e-mail address of the responsible person within the reference's organization. The City reserves the right to contact the listed references regarding the audit services performed by the Proposer.

D. Proposed Methodology - The proposal should set forth a work plan, including an explanation of the services required in Section II “Scope of Work” of this request for proposal. Include:
a. The philosophy and approach with detail specific to each area for providing the full scope of service.

3.2.a
Packet Pg. 15
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

b. Proposer’s ideas for maintaining open communication with the client. c. A project schedule, identifying high-level meeting content and participation, milestones, and deliverables.
d. Business License Software
An example of how the website will work to collect customer data to ensure accuracy of customer tax. Include workflows and selection capabilities. e. Business License Operations Management
i. How the License Registration Database can be accessed by staff to pull up to the moment and historical information about businesses. ii. How Renewal Processing, New Account Processing will be managed including which elements are complete software managed and which elements have a review by proposer staff.
iii. The turnaround time for Renewal Processing, New Account Processing.
iv. How financial information from the business license system can sent to the City’s finance system to maintain the financial record of payments.
v. How the Business Support Center will be managed including methods of contact and staffing hours.
vi. For On-Line Payment Processing:

1. All accepted payment types.

2. Payment processing process. The City does not currently accept credit cards and does not currently have a payment processor.

3. For credit card payment (if available), can the City use a surcharge of offset the service charge?
III. Proposed Changes to Contract Template
The proposal should include requested changes (if any) to the standard City professional services contract.

3.2.a
Packet Pg. 16
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

IV. Fee Proposal and Cost Estimates
The fee proposal shall be separately submitted, physically, and contain all pricing information relative to performing the scope of services as described in this RFP.

All-Inclusive Maximum Price - The cost proposal should contain all pricing information relative to performing the audit engagement as described in this request for proposals.

The total all-inclusive maximum price is to contain all direct and indirect costs including all out-of-pocket expenses. The City will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. a. The first page of the sealed dollar cost proposal shall include the following information:
i. Name of Vendor.
ii. Certification that the person signing the proposal is entitled to represent the vendor, empowered to submit the proposal, and authorized to sign a contract with the City.
b. Manner of Payment – Describe the proposed manner of payment.

3.2.a
Packet Pg. 17
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

c. The cost proposal shall be submitted in following format:
i. COST PROPOSAL FORM
Service
Implementation
Cost FY2022 FY2023 FY2024 FY2025 FY2026
Business License Software
Business License Compliance
Support
Business License Operations
Support Service
Business License Operations
Management
Total
ii. ESTIMATE OF COST
Position Hours Hourly
Rate

3.2.a
Packet Pg. 18
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

5. Selection Criteria and Evaluation Process
The project’s core implementation team, comprised of City staff, will be responsible for the bid evaluations. This team, in accordance with the criteria listed below, will evaluate all proposals received as specified. The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed.

The final selection will be the vendor which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City's best interest. The skill and ability of the entity performing the services is a key component of the selection criteria. Consultants will be objectively evaluated based on their responses to the project scope outlined in the RFP. The written proposal should clearly demonstrate how the vendor could best satisfy the requirements of City.

The City maintains the sole and exclusive right to evaluate the merits of the proposals received. The City will consider the ability, capacity, skill, character, integrity, reputation, judgment, and expertise in the award of the project. Cost will be only one factor in determining the selection, and as such, the contract might not be awarded to the lowest responsible Proposer.

The City will undertake the following evaluation process:
• The City will review and evaluate all submitted documents received in response to the RFP.
• After the submittals are evaluated and ranked, the City, at its sole discretion, may elect to interview (including a demonstration of capabilities) one or more respondents. Please note that respondents may be asked to submit additional documentation. In addition, the City reserves the right to select a proposal without conducting interviews.
• If a commitment is made, it will be to the most qualified with whom City is able to successfully negotiate the compensation and terms and conditions of all agreements. • Once a contractor is selected, staff will make a recommendation to the City Council.

Final selection of a Contractor and authority to proceed with these services shall be at the sole discretion of the City Council.

The Attachment is the City’s standard consulting services agreement. Consultants interested in proposing on this RFP should be prepared to enter into the agreement under the standard terms and should be able to provide the required insurance. If the City is unable to

3.2.a
Packet Pg. 19
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

negotiate a satisfactory agreement, with terms and conditions the City determines, in its sole judgment, to be fair and reasonable, the City may then commence negotiations with the next most qualified vendor in sequence, until a vendor is selected, or a determination is made to reject all submittals.

3.2.a
Packet Pg. 20
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

6. General Conditions
Consultants are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Contractor represents and warrants that it has thoroughly examined and is familiar with work required under this RFP, that Contractor has conducted such additional investigation as it deems necessary and convenient, that Contractor is capable of providing the services requested by the City in a manner that meets the City’s objectives and specifications as outlined in this RFP, and that Contractor has reviewed and inspected all materials submitted in response to this RFP. Once the contractor has been selected, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Contractor to request additional compensation.
a. Non-Discrimination Requirement
By submitting a proposal, the Contractor represents that it and its subsidiaries do not and will not discriminate against any employee or applicant for employment on the basis of race, religion, sex, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related conditions, political affiliations or opinion, age, or medical condition and will comply with the City of East Palo Alto’s Policy Against Discrimination, Harassment, and Retaliation adopted by the East Palo Alto City Council on December 21, 2004.

Contractor and its subsidiaries shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation, medical condition or physical handicap. Contractor agrees to abide by the City of East Palo Alto’s Policy Against Discrimination, Harassment, and Retaliation adopted by the East Palo Alto City Council on December 21, 2004.
b. Indemnification
Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City.

3.2.a
Packet Pg. 21
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

c. Insurance

1. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any sub-Contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000), in aggregate or Three Million Dollars ($3,000,000) combined single limit bodily injury and property damage for each occurrence. Contractor shall provide the City with certificates of insurance and copies of additional insured and primary coverage endorsements evidencing the insurance coverage required by this Agreement.

2. Automobile Liability Insurance: Contractor shall take out and maintain during the life of this Agreement such Automobile Liability Insurance in an amount of not less than One Million Dollars ($1,000,000) for each occurrence combined single limit or not less than One Million Dollars ($1,000,000) for any one (1) person, and One Million Dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage. Contractor shall provide the City with certificates of insurance and copies of additional insured and primary coverage endorsements evidencing the insurance coverage required by this Agreement.

3. Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

4. Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said

3.2.a
Packet Pg. 22
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

5. Broader Insurance Coverage: If Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

6. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors, and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

7. Primary and Non-Contributory Coverage: Except for professional liability and worker's compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and non-contributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). All certificates and endorsements are to be received and approved by the City Attorney’s Office at least five days before Contractor commences work to be performed pursuant to the agreement. d. Conditions of Proposal Acceptance
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this RFP, or to procure or contract for any services. The City reserves the right to: waive any minor irregularities or informalities contained within an RFP, and/or reject any or all proposals received as a result of this request, and negotiate with any qualified contractor, or to cancel the RFP in part or whole. All proposals and material submitted will become the property of the City and will not be deemed confidential or proprietary. The

3.2.a
Packet Pg. 23
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

City reserves the right to award in whole or in part, by item or group of items, by section or geographic area, when such action serves the best interests of the City. The City and Contractor may agree to add additional areas to the contract (Attachment) by mutual agreement later. The City may elect to stop work at any time in the contract and will pay for work completed to that point on a time and material basis.

3.2.a
Packet Pg. 24
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Attachment
– Consulting Services Agreement

3.2.a
Packet Pg. 25
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 1 of 9 (Rev. 10-11-18)

CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made at East Palo Alto, California, dated for reference this ______ day of __, 20___, by and between the City of East Palo Alto, a municipal corporation ("City"), and [ type in name ], [ type in the type of entity ], hereinafter referred to as “Contractor”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement.

3. Term. The term of this Agreement shall commence on [ type in start date] and shall continue in full force and effect until [ type in end date ].

4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

5. Indemnification. Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City.

The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.

6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach.

3.2.a
Packet Pg. 26
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 2 of 9 (Rev. 10-11-18)

7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

8. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor’s family, business, real property or financial interests and the services to be provided under this Agreement. Contractor shall comply with the City of East Palo Alto Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Contractor’s family, business, real property or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.

9. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor any of Contractor’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.

10. Licenses, Permits, Etc. Contractor represents and warrants to City that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Contractor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.

11. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until

3.2.a
Packet Pg. 27
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 3 of 9 (Rev. 10-11-18)
such business license(s) has been obtained.

12. Standard of Performance. Contractor shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.

Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.

Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.

Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slow down or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.

14. Time is of the Essence. Time is of the essence in this Agreement. Any

3.2.a
Packet Pg. 28
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 4 of 9 (Rev. 10-11-18)
reference to days means calendar days, unless otherwise specifically stated.

15. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

16. Prevailing Wages for Public Works Projects. For public works projects, Contractor shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Contractor shall also comply with provisions of Labor Code section 1720 as applicable. Contractor shall maintain certified payroll records evidencing such payment of prevailing wages as required by law.

17. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Contractor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Contractor.

Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of

3.2.a
Packet Pg. 29
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 5 of 9 (Rev. 10-11-18)
a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

19. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Contractor resulting from services rendered pursuant to this Agreement, shall become the property of City. Contractor agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.

21. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.

3.2.a
Packet Pg. 30
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 6 of 9 (Rev. 10-11-18)
The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

23. Non-Discrimination/Fair Employment Practices.

Contractor shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation, medical condition or physical handicap. Contractor agrees to abide by the City’s Policy Against Discrimination, Harassment and Retaliation as set out in attached Exhibit D.

24. Official Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: [insert name]
[insert title]
[insert Department name]
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: [insert name]
[insert title]
[insert company name]
[insert street name and suite #, if any]
[insert city, state and zip code]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This

3.2.a
Packet Pg. 31
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 7 of 9 (Rev. 10-11-18)
Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

29. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

30. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neutral, singular or plural, as the identifications of the person or persons, vendor or vendors, corporation or corporations may require.

31. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

32. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

33. Confidentiality. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential and shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City records on information to any third party, other than its own employees, agents or subcontractors who have a need for the City records or information for the performance of services under this Agreement.

A violation by Contractor of this section shall be a material violation of this

3.2.a
Packet Pg. 32
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 8 of 9 (Rev. 10-11-18)
Agreement and will justify legal and/or equitable relief.

Contractor agrees and acknowledges that this confidentiality provision does not limit the City’s disclosure as required by law, pursuant to a subpoena, the California Public Records Act, or Order of the Court.

34. News and Information Release. Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

36. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

37. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments.

Exhibit B, entitled “Compensation,” including any attachments.

Exhibit C, entitled “Insurance Requirements,” including any attachments.

Exhibit D, entitled “Policy Against Discrimination, Harassment and Retaliation”

3.2.a
Packet Pg. 33
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 9 of 9 (Rev. 10-11-18)
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
[ INSERT CONTRACTOR NAME ]
[ INSERT TYPE OF ENTITY ]
By:
[ insert name ]
[ insert title ]
DATE: ____________________
East Palo Alto Business License No.

CITY OF EAST PALO ALTO,
a municipal corporation
By:________________________
Jaime M. Fontes
City Manager
DATE:___________
ATTEST:

By:________________________
Maria Buell, City Clerk
APPROVED AS TO CONTENT:
__________________________
[ Insert Department Head Name ]
[ Insert Department Head Title ]
APPROVED AS TO FORM:

Rafael E. Alvarado Jr.

City Attorney

3.2.a
Packet Pg. 34
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 1 of 2 Exhibit A (Rev. 10-11-18)

EXHIBIT A

SCOPE OF WORK

1. Representatives.

City Representative:
[ insert name ]
[ insert title ]
[ insert Department name ]
2415 University Avenue
East Palo Alto CA 94303
[ insert telephone number ]
[ insert facsimile number ]
Contractor’s Representative:
[ insert name ]
[ insert title ]
[ insert company name ]
[ insert street name and suite #, if any
]
[ insert City, state and zip code ]
[ insert telephone number ]
[ insert facsimile number ]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.

2. Services and Schedule.

The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference and performed according to the schedule set forth therein. Contractor will complete all services by [ insert date ].

3. Phased Performance.

If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

4. Additional Services. Additional services are those services related to the scope of Services of Contractor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement (“Additional Services”). Additional Services shall be provided only when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed

3.2.a
Packet Pg. 35
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 2 of 2 Exhibit A (Rev. 10-11-18)
under this Agreement or an amendment. .

Contractor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.

5. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination.

Key personnel: [ INSERT LIST OF EMPLOYEES NAMES – If the project does not require assignment of specific personnel, delete “Key Personnel” section ]

3.2.a
Packet Pg. 36
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 1 of 3 Exhibit B (Rev. 10-11-18)

EXHIBIT B

COMPENSATION

1. Contractor’s Compensation.

A. City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed [ insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents ] [ insert dollar amount in number- e.g., $2,550.13 ].

Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Contractor’s billable hourly rates shall be:
[ Insert Name, Title and Hourly Rate ]
or
[“Contractor will perform the services according to the schedule contained in Attachment [insert number] of [insert letter].”]

3. Contractor’s Reimbursable Expenses.

Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

3.2.a
Packet Pg. 37
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 2 of 3 Exhibit B (Rev. 10-11-18)

4. Payments to Contractor.

A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, said payments to be made in proportion to services performed. Contractor may request payment on a monthly basis.

Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

5. Accounting Records of Contractor.

Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours notice.

The obligations of Contractor under this section shall survive this Agreement.

6. Taxes.

3.2.a
Packet Pg. 38
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 3 of 3 Exhibit B (Rev. 10-11-18)
Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. Contractor hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section pursuant to the Indemnification provisions of this Agreement.

7. Taxpayer Identification Number. Contractor shall provide City with an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing an original signature and any other State or local tax identification number requested by City.

3.2.a
Packet Pg. 39
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 1 of 3 Exhibit C (Rev. 10-11-18)

EXHIBIT C

INSURANCE REQUIREMENTS
I. TYPES OF INSURANCE
A. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any subContractor or by anyone directly or indirectly employed by either of them.

The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000), in aggregate or Three Million Dollars ($3,000,000) combined single limit bodily injury and property damage for each occurrence. Contractor shall provide the City with certificates of insurance and copies of additional insured and primary coverage endorsements evidencing the insurance coverage required by this Agreement.

B. Automobile Liability Insurance: Contractor shall take out and maintain during the life of this Agreement such Automobile Liability Insurance in an amount of not less than One Million Dollars ($1,000,000) for each occurrence combined single limit or not less than One Million Dollars ($1,000,000) for any one (1) person, and One Million Dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage. Contractor shall provide the City with certificates of insurance and copies of additional insured and primary coverage endorsements evidencing the insurance coverage required by this Agreement.

C. Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the

3.2.a
Packet Pg. 40
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 2 of 3 Exhibit C (Rev. 10-11-18)
provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

D. Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In the event that Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

B. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

C. Primary and Non-Contributory Coverage: Except for professional liability and worker's compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and non-contributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). All certificates and endorsements are to be received and

3.2.a
Packet Pg. 41
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 3 of 3 Exhibit C (Rev. 10-11-18)
approved by the City Attorney’s Office at least five days before Contractor commences work to be performed pursuant to the agreement.

E. Notice of Cancellation: Contractor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.

F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

3.2.a
Packet Pg. 42
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 1 of 4 Exhibit D

EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST

DISCRIMINATION, HARASSMENT AND RETALIATION
EFFECTIVE DATE: 12/21/2004
REVISED DATE: 1/12/07
ADOPTED BY CITY COUNCIL: 12/21/2004
I. PURPOSES
The purposes of this policy are to emphasize the City's commitment to keeping its workplace free of harassment, discrimination and retaliation, to define and provide examples of the conduct that is prohibited, to summarize the respective responsibilities for preventing, reporting, investigating, and responding to violations and to give clear warning of the serious consequences that violators will face.

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

II. POLICY
All of the following are prohibited by this Policy:
• Discrimination or harassment in any aspect of City employment based on any legally protected characteristic or status, including sex, gender, sexual orientation, race, color, national origin, language, ancestry, religion, age, marital status, domestic partner, physical disability, mental disability, or medical condition.
• Retaliation for opposing, filing a complaint about, or participating in an investigation of, any such harassment or discrimination. • Aiding, abetting, inciting, compelling, or coercing or any such discrimination, harassment or retaliation, or attempting to do so.

The City will take all reasonable steps necessary to prevent such misconduct from occurring, and to remedy and punish any occurrence. Any City employee, Council member, member of any advisory body, including any Commissioner, Committee member, or Board member found having engaged in any such misconduct will be subject to disciplinary action up to and including termination or censure or removal and will be deemed to have acted outside the course and scope of his or her employment.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.

3.2.a
Packet Pg. 43
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

III. DESCRIPTION AND EXAMPLES OF PROHIBITED HARASSMENT
Harassment on the basis of sex is unlawful, and is prohibited by this policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
• An individual's submission to such conduct is made explicitly or implicitly, a term or condition of that individual's employment; or,
• An individual's submission to or rejection of such conducts is used as the basis for an employment decision affecting that individual; or, • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, abusive, or offensive work environment.

Sexual harassment need not be motivated by sexual desire or gratification, and may include nonsexual conduct motivated by the violator's hostility towards the victim's gender, or towards the victim's nonconformity to gender stereotypes. Sexual harassment includes not only conduct motivated by gender, but also by pregnancy, childbirth, or a related condition. A harasser may be either male or female, and the victim may either be the same sex or the opposite sex. Even a person who is not the intended target of harassment may be harassed by it if he or she witnesses it.

Sexual harassment may be verbal, visual, or physical. For example:
• Verbal harassment may consist of derogatory, threatening, or intimidating comments, epithets, slurs or jokes; references to gender, physical appearance, attire, sexual prowess, marital status, or pregnancy; or sexual advances, propositions, or demands.
• Visual harassment may consist of displaying or circulating derogatory or offensive posters, cartoons, drawings, photographs, pin-ups, computer images, or electronic media transmissions.
• Physical harassment may consist of assault, battery, or unwelcome, unnecessary and offensive touching (kissing, hugging, patting, rubbing, pinching, brushing against), stating, leering, gesturing, whistling or making noises, impeding or blocking movement, or physical interfering with normal work or movement.

3.2.a
Packet Pg. 44
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

IV. REPORTING DISCRIMINATION, HARASSMENT OR RETALIATION Any City employee, volunteer, intern, vendor, contractor, or applicant who becomes aware of any discrimination, harassment or retaliation prohibited by this policy shall report it immediately to their immediate supervisor, or higher ranking supervisor, or the Assistant City Manager. Under no circumstances shall such a report be required or expected to be made to the person who engaged in the misconduct that is subject to this report.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Because reports of conduct prohibited by this policy will be treated as serious charges, the making of a deliberately false report, or a report made with reckless disregard for its truth or falsity, may subject the maker to disciplinary action.

V. INVESTIGATION AND RESOLUTION
The City of East Palo Alto will investigate all reported violations of this policy. All employees, volunteers, interns, vendors and contractors, members of the City Council, or members of a City advisory body shall cooperate with any such investigation.

Any supervisor, manager department head, member of the City Council, or member of a City advisory body who receives a report of, or who becomes aware of, conduct prohibited by this policy shall promptly report it to the Personnel Officer. Upon receiving the report, the Personnel Officer shall direct any report that accuses a City Council member or appointee to the City Council for investigation and resolution. The City Council shall delegate the responsibility to conduct a prompt, full, and fair investigation to the qualified private investigator.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate

3.2.a
Packet Pg. 45
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
• Interview the complainant, the accused, and any other person the investigator believe to have knowledge relevant to the charges; • Gather and review any documentary, electronic, or physical evidence relevant to the charges;
• Consult with legal counsel as needed;
• Determine whether the charges can or cannot be substantiated; and • Develop recommendations for appropriate remedial and/or disciplinary action, if any.

VI. OUTSIDE ADMINISTRATIVE AGENCIES
In addition to the remedies described in this Policy, the U.S. Equal Employment Commission and the California Department of Fair Employment and Housing provide administrative complaint and investigation processes as to harassment, discrimination or retaliation on the basis of a protected status. The toll free telephone number for such office is listed below:

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000

3.2.a
Packet Pg. 46
Attachment: City of East Palo Alto - RFP Business License Services (2085 : Issuing a Request for Proposals for Business License and Tax

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: James Colin, Executive Assistant
Irma Martinez,
SUBJECT: Appointment of Interim City Attorney
Recommendation
Adopt a Resolution retaining Armento and Hynes, LLP, to provide Interim City Attorney Services, effective February 11, 2022.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
City Attorney Rafael E. Alvarado Jr. has notified the City of East Palo Alto that he has accepted a position with another municipal agency and his last day of employment will be February 11, 2022. City staff anticipates that it will take approximately 6 months to recruit and appoint a new City Attorney. Therefore, the City will need interim city attorney services to ensure legal service availability and continuity while the City performs a recruitment.

Analysis
The City currently has a contract with Armento and Hynes, LLP, to provide outside counsel services, including acting or interim city attorney services. Therefore, City staff recommends that the City Council appoint Valerie Armento, Esq., of Armento and Hynes, LLP, to serve as interim City Attorney, and Marc Hynes, Esq., to serve as interim City Attorney in Ms. Armento’s absence as needed.

Fiscal Impact

3.3 Packet Pg. 47
The proposed interim city attorney services will be funded from vacancy savings resulting from the departure of the City Attorney. The firm’s current billing rate are as follows:

Attorney Rate (Service)
1) Valerie Armento $250.00/hr. (General Advisory)
$250.00/hr. (Interim or Acting City
Attorney)
$300.00/hr. (Litigation)
2) Marc G. Hynes $250.00/hr. (General Advisory)
$250.00/hr. (Interim or Acting City
Attorney)
$300.00/hr. (Litigation)
City staff estimates that the minimum monthly cost of anticipated interim city attorney services will be approximately $10,000.

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East Palo Alto.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

Attachments

1. Resolution

3.3 Packet Pg. 48
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

RETAINING THE LAW FIRM OF ARMENTO AND HYNES, LLP TO PROVIDE

INTERIM CITY ATTORNEY SERVICES
WHEREAS, it is necessary to retain a law firm trained, experienced, and licensed in the State of California to serve as interim City Attorney until the City Council recruits and appoints a new City Attorney; and
WHEREAS, Valerie Armento, Esq., and Marc Hynes, Esq, of Armento and Hynes, LLP, have previously served as interim City Attorney for the City of East Palo Alto (“City”) on multiple occasions and have served the City well; and
WHEREAS, the City Council desires to appoint Mr. Armento to serve as interim City Attorney, and Marc Hynes, Esq., to serve as interim City Attorney in Ms. Armento’s absence as needed.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY appoints Valerie Armento, Esq., of Armento and Hynes, LLP, to serve as interim City Attorney and Marc Hynes, Esq., to serve as interim City Attorney in Ms. Armento’s absence, effective February 11, 2022.

PASSED AND ADOPTED this 1
st day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Rafael E. Alvarado Jr., City Attorney

3.3.a
Packet Pg. 49
Attachment: Resolution (2089 : Appointment of Interim City Attorney)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: Rachel Horst, Housing and Economic Development Manager SUBJECT: Amendment to Agreement with EPACANDO for Below Market Rate Housing Program Administration
Recommendation
Adopt a Resolution (Attachment 1):

1. Clarifying that the term of the Agreement with EPACANDO to administer the City’s Below Market-Rate Housing Program (“Agreement”) may be extended for up to two additional periods of one year each, with approval of the City Manager, commencing upon the expiration of the initial term, which began on May 10, 2019; and

2. Authorizing the City Manager to amend the Agreement to reflect the above clarifications.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 6: Create a Healthy and Safe Community
Background
City of East Palo Alto Below Market-Rate Housing Program The City’s Below Market-Rate Housing Program (“BMR Program”) consists of approximately 53 ownership units that were created either through the former Redevelopment Agency’s assistance or market-rate developer obligations to create affordable units under an Inclusionary Housing or other program.

Prior to 2019, due to low staffing levels, units in the BMR Program were not under consistent monitoring, and actions such as a refinances, loan subordinations, re-sales were difficult and inefficient for the City to facilitate.

3.4 Packet Pg. 50
RFP and Professional Services Agreement with EPACANDO
To improve the BMR Program and achieve the City’s Five-Year Affordable Housing Strategy goal to Add Capacity for Stewardship and Monitoring of Affordable Housing Assets, the City released a Request for Proposals (RFP) to identify a qualified organization to administer the City’s BMR Program. EPACANDO and BAAHA were selected via this Request for Proposals (RFP) process in November 2018 to administer the City’s BMR portfolio.

On February 5, 2019, the City Council adopted Resolution No. 5080, authorizing the City Manager to enter into a three-year Professional Services Agreement (“Agreement”) with EPACANDO and the Bay Area Affordable Homeownership Alliance (BAAHA) in an amount not to exceed $125,000 to administer the City’s BMR Program. The February 5, 2019 staff report and Resolution No. 5080 are included as Attachment 2.

Term of EPACANDO Agreement
The staff report from February 5, 2019 provides a proposed scope of work and standard contract terms. Among these, the contract term was described as “three years from date when the contract is fully executed by all parties,” with “the option to extend the term for two additional periods of one year each, commencing upon the expiration of the initial or extended term.” However, neither of these terms were included in Resolution No. 5080 or the executed Agreement, which states that the term ends on February 2, 2022.

The purpose of this staff report is to seek City Council authorization to clarify, via the proposed resolution, the intent of the City Council was to allow for two additional one-year extensions of the contract term, with the approval of the City Manager, from the date that the Agreement was fully executed by both parties.

Analysis
Progress under the Below Market-Rate Administration Agreement The scope of the Agreement is provided as Exhibit A to Resolution No. 5080. Since execution of the Agreement, EPACANDO has made significant progress on all areas, including, but not limited to:
• Hired a Program Associate to oversee all aspects of the BMR program. • Facilitated the re-sale of three BMR ownership units to an eligible buyer, in addition to three refinances and one loan payoff.
• Hosted a series of homebuyer workshops for prospective BMR buyers. • Conducted an initial period of review of each of the 108 BMR files provided by the City at the start of the contract term, verified all BMR units, and entered the files into an electronic recordkeeping system.
• Annual compliance monitoring of the entire BMR portfolio. There are currently 11 cases of concern under EPACANDO review.
• Responding to inquiries from the public and from BMR unit owners.

The Agreement was fully executed on May 10, 2019. If the City Council adopts a clarifying resolution, the City Manager may approve up to two one-year extensions. If amended, the original, three-year term, would end on May 9, 2022 and could then be extended through May 8, 2023 and again to May 7, 2024 if the City Manager approved. No amendment to the budget

3.4 Packet Pg. 51
is necessary at this time.

Next Steps
If approved, the City Manager may amend the Agreement on record to reflect three years from the date of execution of May 10, 2019 as the end of the initial term and to allow up to two oneyear extensions. No additional amendments to the Agreement are necessary at this time.

Fiscal Impact
There is no fiscal impact associated with this staff report. The not-to-exceed amount under the Agreement remains $125,000, of which $85,742 have been expended to date.

Prior to EPACANDO becoming the City’s BMR administrator, the City’s Community and Economic Development Department, Office of the City Attorney, and outside counsel were all involved in facilitating BMR transactions. Partnering with EPACANFDO has saved the City an estimated $40-$50K in costs.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

Attachments

1. Resolution

2. February 5, 2019 Staff Report and Resolution 5080

3.4 Packet Pg. 52
Resolution No. XXX-2022 1 of 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

CLARIFYING THAT THE CITY MANAGER IS AUTHORIZED TO APPROVE AN EXTENSION OF THE

TERM OF THE THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH EPACANDO TO ADMINISTER THE CITY’S BELOW MARKET-RATE PROGRAM AND TO AMEND THE AGREEMENT

ACCORDINGLY
WHEREAS, on February 5, 2019, via Resolution No. 5080, the City Council authorized the City Manager to execute a Professional Services Agreement (“Agreement”) with East Palo Alto Community Alliance and Neighborhood Development Organization (“EPACANDO”) in the amount of $125,000 to administer the City’s Below Market Rate Program (“BMR Program”); and WHEREAS, the staff report from the February 5, 2019 City Council meeting indicated that the initial Agreement term is three years, with the option to extend the term for two additional periods of one year each, commencing upon the expiration of the initial or extended term; and WHEREAS, the Agreement was fully executed on May 10, 2019; and WHEREAS, neither Resolution No. 5080 nor the Agreement specified that the Agreement term begins upon the date that the Agreement was fully executed, or that it may be extended beyond the initial three-year term; and
WHEREAS, EPACANDO has made significant progress towards completing the scope in the initial three years since the Agreement was executed, and there are remaining funds under the Agreement and a continued need for these services to be provided beyond the initial agreement term.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST

PALO ALTO HEREBY

1. Clarifies that the term of the Agreement may be extended for up to two additional periods of one year each, with approval of the City Manager, commencing upon the expiration of the initial term, which began on May 10, 2019; and

2. Authorizes the City Manager to amend the Agreement to reflect the above clarifications.

PASSED AND ADOPTED this 1st day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

3.4.a
Packet Pg. 53
Attachment: Resolution (2084 : Contract Amendment for EPACANDO Below Market Rate Housing Administration) Resolution No. XXX
-20222 of 2
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

City Clerk Rafael E. Alvarado Jr., City Attorney

3.4.a
Packet Pg. 54
Attachment: Resolution (2084 : Contract Amendment for EPACANDO Below Market Rate Housing Administration)

CITY OF EAST PALO ALTO

OFFICE OF THE CITY MANAGER
2415 UNIVERSITY AVENUE
EAST PALO ALTO, CA 94303
Policy & Action
Item: #14D
City Council Agenda Report
Date: February 5, 2019
To: Honorable Mayor and Members of the City Council
Via: Sean Charpentier, Interim City Manager
From: Hanson Hom, Interim Community Development Director Victor Ramirez, Rent Stabilization Program Administrator Patrick Heisinger, Housing Projects Manager
Subject: Award a Contract in the Amount of $125,000 to EPACANDO and the Bay Area Affordable Homeownership Alliance to Administer the City’s Below Market Rate (BMR) Program
Recommendation
Adopt a resolution authorizing the City Manager to enter into a three-year contract with the joint partnership of EPACANDO and the Bay Area Affordable Homeownership Alliance (BAAHA), in a form to be approved by the City Attorney, in an amount not to exceed $125,000 to administer the City’s Below Market Rate (BMR) Program.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
 Priority #3: Increase Organizational Effectiveness and Efficiency  Priority #5: Improve Communication and Enhance Community Engagement  Affordable Housing Strategy
Background
The City’s current stock of Below Market Rate (BMR) homeownership units consists of approximately 105 homes that were created either as a result of former Redevelopment Agency assistance or market rate developer obligations to create inclusionary units. These homeownership units typically have a resale restriction agreement between the City (as the successor to the former Redevelopment Agency) and the homeowner. The resale restriction agreement regulates the price at which the homeowner may resell the property and gives the City an option to purchase the home if the homeowner wishes to sell.

Effective management and stewardship of the BMR Program portfolio requires several levels of oversight, including monitoring and enforcement of complex compliance

3.4.b
Packet Pg. 55
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing requirements, facilitation of refinancing activities, and numerous customary real estate transactions (resales, refinances, subordinations, loan payoffs, etc.). In some instances, the City holds multiple promissory notes and deeds of trust because the City provided down payment assistance loans, closing cost loans, and purchase price assistance loans. The homeowner’s specific obligations will depend upon the form of Resale Agreement that the former Redevelopment Agency used with each project.

Since 2011, when the City eliminated several positions that supported the City’s affordable housing programs, the units in the BMR Program have not been monitored in a comprehensive fashion. When owners of the inclusionary homes need assistance with a refinance, loan subordination, or to sell their unit to an income eligible purchaser, the City’s ability to facilitate the transaction is limited. The City’s participation is often exceedingly inefficient due to staffing constraints and the use of outside legal counsel.

The Affordable Housing Strategy, approved by City Council on October 16, 2018, described the City’s goal of “Add(ing) Capacity for Stewardship and Monitoring of the City’s Affordable Housing Assets.” The approved actions included the implementation of a Request for Proposals (RFP) process to identify a partner entity to administer (in a consultant role) all aspects of the existing BMR Program. This partner would become the BMR Program Administrator (Consultant).

On October 22, 2018, the City issued the RFP and received responses from two qualified entities. Please see Attachment 2 for a copy of the RFP.

The two firms that responded to the City’s RFP and submitted proposals were: 1) Hello Housing and 2) a joint proposal from EPACANDO and the Bay Area Affordable Homeownership Alliance (BAAHA). Please see Attachment 3.

Analysis
Both proposals were of high quality, and either entity could likely perform adequately in the role. However, based on the City’s current specific needs, Staff recommends that the City award the Consultant role to the partnership of EPACANDO/BAAHA. The primary reasons for this recommendation fall into the categories of Scoring, Cost/Compensation, and Staffing/Start-Up Readiness.

Scoring
The RFP featured very simple scoring criteria. Respondents could receive up to 50 points for experience and 50 points for demonstrating their capacity to perform. The Table below has the ranking based on the review of the proposals by City Staff.

Proposal Hello Housing EPACANDO/BAAHA
Points for Experience 45 40
Points for Capacity to Perform 40 47
Total 85 87

3.4.b
Packet Pg. 56
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing Cost/Compensation
The proposal from Hello Housing included a compensation schedule that greatly exceeded the compensation schedule in the EPA CAN DO/BAAHA proposal. The chart below outlines how each proposal compares based on cost and the level of work that the City described in the original RFP:

Item Hello
Housing

EPACANDO/
BAAHA
%
Difference
Contract Set-Up $15,000 $10,000 50%
Annual Compliance Fee Per File $200 $180 11%
Monthly Fee to Cover Inquiries $1,000 NA NA
Thorough Review of Each BMR File $450 Set up NA
Fee per Resale (With Waitlist) $8,500 $1,500 467%
Fee per Resale (No Waitlist) $5,000 $1,500 233%
Marketing per Project on Website $3,000 NA NA
Per Lottery Fee $5,000 NA NA
Per Refinance Fee $850 $500 70%
Payoffs $625 $500 25%
Enforcement Activities (Estimate per Case) $2,750 $550 400% Cost Per Workshop $1,000 $150 567%
Per Hour Fees $125 - $275 $55 - $110 127-150%
There are three categories of costs: start up costs, annual fixed costs, and annual variable costs based on tasks.

The proposals also detailed the anticipated costs of a “start-up” phase and the expected costs to the City in the first year of the contract, as follows:

Item Est.

Amount
Hello
Housing

EPACANDO/
BAAHA
Contract Set Up NA $15,000 $10,000
Annual Fee to Cover Inquires ($1,000/month) NA $12,000 NA Annual Per Unit Compliance (assumes 98
units) 98 $19,600 $17,640
Number of Refinances Per Year 6 $5,100 $3,000
Number of Resale’s Per Year 3 $15,000 $4,500
Number of Loan Payoff’s Per Year 4 $2,500 $2,000
Enforcement Cases Per Year 4 $11,000 $2,200
Estimated Cost to Administer Program Year 1 $80,200 $39,340

3.4.b
Packet Pg. 57
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing The total proposed three-year contract amount of $125,000 reflects the proposed expected costs outlined by EPACANDO/BAAHA for Year 1, with a multiplier of three. The proposed total is intended to allow enough funding to account for reasonable costs that may not be fully anticipated at this time, but will be approved by Staff prior to any payment. The actual cost per year will vary depending on tasks required.

Staffing/Start-Up Readiness
The EPACANDO/BAAHA proposal featured a clear understanding of specific strategies, tools, and capacity building that would be extremely useful to the City. As such, the EPACANDO/BAAHA proposal scored very well (47 points awarded) in the “Capacity to Perform” section.

EPACANDO/BAAHA propose to hire a full-time employee that would be housed at EPACANDO’s offices in East Palo Alto. Once established, this key contact would provide a great benefit to community members seeking information and access to BMR Program services.

The EPACANDO/BAAHA proposal also stressed the importance of researching each BMR unit to determine which units had a City deed restriction recorded against the property.

Further, this proposal outlined how the Consultant would create electronic files and a separate database for the City to track BMR Program files moving forward. Finally, this proposal included the development of key policy documents such as Program Guidelines.

By contrast, the proposal submitted by Hello Housing provided a focused perspective on administering a BMR Program after initial systems have been established. Due to the City’s current needs for start-up activities, capacity-building, and development of comprehensive records, staff recommends that the City select the proposal submitted by EPACANDO/BAAHA.

Proposed Scope of Work and Contract Terms
Please see Attachment 1, Exhibit A-1, Proposed Scope of Work for BMR Program Administration Consultant Services, which includes the full Scope of Work and Contract Terms. A review of basic deal terms is described below:

Term: Three years from date when the contract is fully executed by all parties.

Extension of Term: The City Manager shall have the option to extend the term of the agreement for two additional periods(s) of one year each commencing upon the expiration of the initial or extended term.

However, additional budget authority in excess of the $125,000 will require City Council approval.

3.4.b
Packet Pg. 58
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing Contract Amount: Not to exceed $125,000, including a 15% contingency.

Reporting Requirements: Submit quarterly reports that describe and summarize activities occurring each period, including the number of inquiries, refinance and resale actions, and other relevant information.

By assuming the role of BMR Program Consultant, EPACANDO/BAAHA will manage the many activities required to ensure effective stewardship of the units in the BMR Program.

Therefore, they will be compensated through the City contract for establishing and maintaining a robust program, conducting annual monitoring and reporting, acting as the main point of contact, and dealing with public inquiries. In addition, it is customary for BMR Program Administration to establish nominal processing fees for transactions related to purchase and/or sale of BMR Program units. These transaction fees would be charged to buyers, sellers, and owners, as appropriate, for services provided by EPACANDO/BAAHA.

Fiscal Impact
Staff is proposing that the agreement with EPACANDO/BAAHA ultimately will be funded with Housing TOT (F207) and Successor Agency funds (F926, F927, and F928). The initial split between the funds will be 25/75, respectively. In future years, the allocation between Housing TOT and Housing Successor Funds will be based upon verification of the location of current, remaining BMR units.

Staff will be conducting an analysis as part of the annual Budget process to determine a longterm funding strategy for all housing activities and will return to the City Council with future recommendations.

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

3.4.b
Packet Pg. 59
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing Attachments:

1. Resolution and
• EXHIBIT A-1 Proposed Scope of Work for BMR Program Administration Consultant Services
• EXHIBIT A-2 Compensation Schedule for BMR Program Administration Consultant Services

2. Request for Proposal for Administration of the City’s Existing Below Market Rate Program

3. Proposal Submitted by EPACANDO and BAAHA

3.4.b
Packet Pg. 60
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH

EPACANDO AND BAY AREA AFFORDABLE HOMEOWNER ALLIANCE FOR THE ADMINISTRATION OF THE CITY’S BELOW MARKET RATE PROGRAM FOR A TOTAL CONTRACT NOT TO EXCEED $125,000
WHEREAS, the City of East Palo Alto (City) has generated affordable units through its Below Market Rate (BMR) Program, wherein BMR for-sale units are typically made available to eligible households; and
WHEREAS, the City is responsible for management and stewardship of the BMR Program; and
WHEREAS, the Affordable Housing Strategy, approved by City Council on October 16, 2018, described the City’s goal of “Add(ing) Capacity for Stewardship and Monitoring of the City’s Affordable Housing Assets,” including the implementation of a Request for Proposals (RFP) process to identify a partner entity to administer (in a consultant role) all aspects of the existing BMR Program; and
WHEREAS, the City of East Palo Alto issued an RFP on October 22, 2018 to identify a consultant to administer the City’s BMR Program activities; and WHEREAS, the City received two proposals in response to the RFP for BMR Program administration services; and
WHEREAS, City staff reviewed and recommended for selection the proposal submitted by EPACANDO and the Bay Area Affordable Homeownership Alliance (BAAHA).

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to execute a threeyear contract in an amount not to exceed $125,000 with EPACANDO/BAAHA, in a form to be approved by the City Attorney, to administer the City’s BMR Program in accordance with the terms referenced in Exhibit A-1 Proposed Scope of Work for BMR Program Administration Consultant Services and Exhibit A-2 Compensation Schedule for BMR Program Administration Consultant Services attached hereto. [SIGNATURES FOLLOW ON NEXT PAGE]
ATTACHMENT 1

3.4.b
Packet Pg. 61
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing PASSED AND ADOPTED this 5th day of February 2019, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

María Buell, City Clerk Rafael E. Alvarado Jr., City Attorney

3.4.b
Packet Pg. 62
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing EXHIBIT A-1
Proposed Scope of Work for BMR Program Administration Consultant Services Activity Description Completion
Date
Acting as the Main Point of
Contact for the City’s Below
Market Rate Programs
CONTRACTOR shall have direct personal
contact with East Palo Alto homeowners (and
renters)—in our local offices, or in public venues
in workshop format, or in their homes—to
provide a range of housing-related information
and counseling services. CONTRACTOR will
also establish a webpage that will provide
detailed information to the public.

On-Going
One-Time Set-Up
Title Research
CONTRACTOR will pull a property profile to
check Owner of Record, Liens, DOTs, judgments
and compare to most recent City documents.

June 30,
2019
Auditing and Updating
Case Files
CONTRACTOR will: review and index all
documents, enter all relevant data for each file
(and images of all key documents) into
HomeKeeper database system, and initiate
actions to find and scan any missing documents.

June 30,
2019
Program Handbook
Creation
CONTRACTOR shall create a handbook that
includes a responsibility matrix, workflow, and
step by step procedures and processing steps for
all aspects of the program.

June 30,
2019
Notification to Program
Participants
CONTRACTOR shall send a mailer to notify
owners of existing BMR units that the City is
now contracting with CONTRACTOR and that
the CONTRACTOR shall be the mail point of
contact for all inquiries.

June 30,
2019
Annual Compliance Monitoring
Monitoring of Existing
Portfolio
CONTRACTOR shall verify occupancy and any
other compliance requirements, by requesting
information via telephone and mail and, if
necessary, home visits.

Annually
Enforcement Activities
CONTRACTOR will facilitate all enforcement
activities that may arise from the annual
monitoring process.

When
Necessary
Refinances
CONTRACTOR will answer questions regarding
acceptable fist loan products for a refinance,
required documentation needed and time line
expectations for lenders and owners.

CONTRACTOR will coordinate with Title
Companies and lenders and will prepare escrow
instructions, subordination agreements, and
request for notice of defaults and route to the City
for signatures.

When
Necessary

3.4.b
Packet Pg. 63
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing Activity Description Completion
Date
New Sales and Resales
Processing New Sales and
Resales
CONTRACTOR shall establish a waiting list (or
other comparable mechanism acceptable to the
City) that will serve as the pipeline for potential
buyers when BMR units are resold, as well as a
pre-qualified list of lenders. CONTRACTOR
shall create a resale application, coordinate with
listing and buyer agents to explain program
guidelines that a qualified buyer will have to meet,
and that the program is being properly disclosed.

CONTRACTOR shall pre-screen applications.

CONTRACTOR shall prepare all documents
including notes, deed restrictions, and escrow
instructions and track files through all states of the
escrow process.

When
Necessary
Property Inspection and
Evaluation
CONTRACTOR shall coordinate property
inspection and price evaluation and then advise
interested parties on what the maximum
affordable price for the home is.

When
Necessary
Management of BMR
Sales
CONTRACTOR shall coordinate with owners or
listing agents to explain program guidelines,
responsibility matrix, and timeline. Answer
questions from the public and pre-screen
applications and forward completed applications
to the City for approval.

When
Necessary
Post Purchase Activities
CONTRACTOR shall send a survey to new
owners of BMR units regarding the satisfaction of
the participant on their experience from
application through close of escrow.

When
Necessary

3.4.b
Packet Pg. 64
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing EXHIBIT A-2
Compensation Schedule for BMR Program Administration Consultant Services Item CONTRACTOR
FEE
Estimated
Annual
Volume
Estimated 3-
Year Cost
Contract Set-Up $10,000 NA $10,000
Annual Compliance Fee Per File $180 100 $54.000
Inquiries NA*
Thorough Review of Each BMR File NA**
Fee per Resale (Program-driven) $1,500 3 $13,500
Fee per Resale (Buyer-driven) $3,000 1 $9,000
Marketing per Project on Website NA
Per Lottery Fee NA
Per Refinance Fee $500 4 $6,000
Payoffs $500 1 $1,200
Enforcement Activities (Estimate per Case)*** $550 2 $1,100 Cost Per Workshop $300 2 $1,800
Per Hour Fees $55 - $110 48 $12,096
Contingency (15%) $16,304
Estimated Three-year Total $125,000
*Inquiries are covered by monthly fee
**File review is included in “Contract Set Up”
***Excluding fees for specialist services such as attorney or eviction service

3.4.b
Packet Pg. 65
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing RESOLUTION NO. 5080

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT

WITH EPACANDO AND BAY AREA AFFORDABLE HOMEOWNER

ALLIANCE FOR THE ADMINISTRATION OF THE CITY'S BELOW MARKET RATE PROGRAM FOR A TOTAL CONTRACT NOT TO EXCEED $125,000 WHEREAS, the City of East Palo Alto (City) has generated affordable units through its Below Market Rate (BMR) Program, wherein BMR for-sale units are typically made available to eligible households; and
WHEREAS, the City is responsible for management and stewardship of the BMR Program; and
WHEREAS, the Affordable Housing Strategy, approved by City Council on October 16,2018, described the City's goal of "Add(ing) Capacity for Stewardship and Monitoring of the City's Affordable Housing Assets," including the implementation ofa Request for Proposals (RFP) process to identify a partner entity to administer (in a consultant role) all aspects of the existing BMR Program; and WHEREAS, the City of East Palo Alto issued an RFP on October 22,2018 to identify a consultant to administer the City's BMR Program activities; and WHEREAS, the City received two proposals in response to the RFP for BMR Program administration services; and
WHEREAS, City staff reviewed and'recommended for selection the proposal submitted by EP ACANDO and the Bay Area Affordable Homeownership Alliance (BAAHA).

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to execute a three-year contract in an amount not to exceed $125,000 with EPACANDO/BAAHA, in a form to be approved by the City Attorney, to administer the City's BMR Program in accordance with the terms referenced in Exhibit A-I Proposed Scope of Work for BMR Program Administration Consultant Services and Exhibit A-2 Compensation Schedule for BMR Program Administration Consultant Services attached hereto. [SIGNATURES FOLLOW ON NEXT PAGE]

3.4.b
Packet Pg. 66
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing PASSED AND ADOPTED this 5th day of February 2019, by the following vote:

AYES: MOODY, WALLACE-JONES, ABRICA, GAUTHIER, ROMERO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
:J.~ J'C2
i a Gauth· ,Mayor

3.4.b
Packet Pg. 67
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing EXHIBIT A-l
Proposed Scope of Work for BMR Program Administration Consultant Services Activity Description Completion
Date
CONTRACTOR shall have direct personal contact
with East Palo Alto homeowners (and renters )-in
Acting as the Main Point of our local offices, or in public venues in workshop Contact for the City's Below format, or in their homes-to provide a range of On-Going Market Rate Programs housing-related information and counseling services. CONTRACTOR will also establish a
webpage that will provide detailed information to
the public.

CONTRACTOR will pull a property profile to June 30, Title Research check Owner of Record, Liens, DOTs,judgments 2019 and compare to most recent City documents.

CONTRACTOR will: review and index all
Auditing and Updating documents, enter all relevant data for each file June 30, ~ (and images of all key documents) into 2019 ~ Case Files 1 HomeKeeper database system, and initiate actions ~,

00. to find and scan any missing documents. ~ CONTRACTOR shall create a handbook that .§ ~ Program Handbook includes a responsibility matrix, workflow, and June 30, ~ Creation step by step procedures and processing steps for 2019 1:1 0 all aspects ofthe program.

CONTRACTOR shall send a mailer to notify
Notification to Program owners of existing BMR units that the City is now June 30, Participants contracting with CONTRACTOR and that the 2019 CONTRACTOR shall be the mail point of contact , '. for all inquiries.

CONTRACTOR shall verify occupancy and any
Monitoring of Existing other compliance requirements, by requesting AnriUally bJl Portfolio information via telephone and mail and, if .9 J.. necessary, home visits. c:> ... CONTRACTOR will facilitate all enforcement .... 1:1 When c:> Enforcement Activities activities that may arise from the annual ~ Necessary ~ monitoring process. ~ CONTRACTOR will answer questions regarding ~ = acceptable fist loan products for a refinance, ~
a required documentation needed and time line
c:>
U expectations for lenders and owners. When -~ Refinances CONTRACTOR will coordinate with Title := Necessary 1:1 Companies and lenders and will prepare escrow ~ instructions, subordination agreements, and
request for notice of defaults and route to the City
for signatures.

3.4.b
Packet Pg. 68
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing Activity Description Completion
Date
CONTRACTOR shall establish a waiting list (or
other comparable mechanism acceptable to the
City) that will serve as the pipeline for potential
buyers when BMR units are resold, as well as a
pre-qualified list of lenders. CONTRACTOR
shall create a resale application, coordinate with
Processing New Sales and listing and buyer agents to explain program When Resales guidelines that a qualified buyer will have to meet, Necessary and that the program is being properly disclosed.
rJ'.l
CONTRACTOR shall pre-screen applications.
.; CONTRACTOR shall prepare all documents rJ'.l including notes, deed restrictions, and escrow ~ instructions and track files through all states of the "CI
==
escrow process. «
rJ'.l CONTRACTOR shall coordinate property ~
-« Property Inspection and inspection and price evaluation and then advise When

00. Evaluation interested parties on what the maximum Necessary ~ Z affordable price for the home is.

CONTRACTOR shall coordinate with owners or
listing agents to explain program guidelines,
Management of BMR responsibility matrix, and timeline. Answer When Sales questions from the public and pre-screen Necessary applications and forward completed applications
to the City for approval.

CONTRACTOR shall send a survey to new
Post Purchase Activities owners of BMR units regarding the satisfaction of When the participant on their experience from Necessary
application through close of escrow.

3.4.b
Packet Pg. 69
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing EXHIBIT A-2
Compensation Schedule for BMR Program Administration Consultant Services CONTRACTOR Estimated Estimated 3-
Item FEE Annual Year Cost
Volume
Contract Set-Up $10,000 NA $10,000
Annual Compliance Fee Per File $180 100 $54.000
Inquiries NA*
Thorough Review of Each BMR File NA**
Fee per Resale (Program-driven) $1,500 3 $13,500
Fee per Resale (Buyer-driven) $3,000 1 $9,000
Marketing per Project on Website NA
Per Lottery Fee NA
Per Refinance Fee $500 4 $6,000
Payoffs $500 1 $1,200
Enforcement Activities (Estimate per Case)*** $550 2 $1,100 Cost Per Workshop $300 2 $1,800
Per Hour Fees $55 - $110 48 $12,096
Contingency (15%) $16,304
Estimated Three-year Total $125,000
*Inquiries are covered by monthly fee
**File review is included in "Contract Set Up"
***Excluding fees for specialist services such as attorney or eviction service

3.4.b
Packet Pg. 70
Attachment: February 5, 2019 Staff Report and Resolution 5080 (2084 : Contract Amendment for EPACANDO Below Market Rate Housing

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: Patrick Heisinger, Assistant City Manager
Greg Henry, Senior Management Analyst
SUBJECT: Selection of Recruitment Firms for the new Chief of Police and Additional Recruitments
Recommendation
It is recommended that the City Council take the following actions:

1. Authorize the City Manager to execute agreements with both Koff & Associates and CPS HR Consulting, in forms approved by the City Attorney, to provide recruitment services on an as needed basis, as described in the staff report; and

2. Concur with the City Manager?s recommendation to assign the Police Chief recruitment to Koff & Associates.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
On November 5, 2021 Albert Pardini announced his pending retirement as the East Palo Alto Chief of Police. Previously, on October 2, 2018, the East Palo Alto City Council adopted Resolution 5034 (attached), defining the selection process for the Chief of Police.

That process has the following steps:

1. The City Council shall select a recruitment firm to perform the recruitment for the position of Chief of Police. Once selected, the City Council, with Human Resources

3.5 Packet Pg. 71
(HR) support shall work with the recruitment firm to develop a recruitment brochure.

2. HR staff and the recruitment firm shall conduct a review of all applications received and reduce the candidate pool to the top 12 candidates.

3. HR staff and the recruitment firm shall:
a. interview and screen the top 12 candidates
b. provide the City Council the top 12 applications
c. produce a confidential closed session report recommending the top six candidates for City Council consideration.

4. The City Council shall review the top 12 applications, consider HR and recruitment firm confidential closed session report including recommendations, and after deliberation in closed session will select the top six candidates.

5. HR staff shall schedule two interview panels of:
a. law enforcement executives selected by HR staff and recruitment firm b. five community members appointed at the sole discretion of each Council member

6. Each panel will provide to HR staff their interview and rating sheets including comments identifying their top three candidates. HR staff will provide all the material from the panels, in a confidential closed session report to the City Council.

7. The City Council shall meet in closed session to:
a. review the HR confidential closed session report and consider the recommendation of the two panels
b. interview the top six candidates
c. select the top three candidates for City Manager consideration.

8. The City Manager shall interview the top 3 candidates and make the final hiring decision.

On December 7, 2021 the City Council authorized the issuance of a Request for Proposals (RFP) (attached) for a recruitment firm to support the City’s selection of a new Chief of Police.

The RFP that the City Council approved had the following language: “It is the intention of the City to follow process as codified by Resolution 5034 in the selection of the next Police Chief. Although the Police Chief recruitment is most pressing, the City may use the results of this RFP process to establish a relationship with a firm to help with future recruitment support.” Because the City is experiencing a high rate of employee turnover, staff is now recommending that the agreements described in this report be on-call contracts that the City can use to for future recruitments, including the future recruitment necessary for the City to identify a new City Attorney.

Analysis
The City received two qualified proposals (attached): Koff & Associates and CPS HR Consulting. A third firm also proposed but failed to meet the City’s requirements. Both qualified firms can provide the requested services.

Both Koff & Associates and CPS HR have the necessary skill sets to assist the City with recruitments. Both firms are well respected and have the capacity to complete recruitment assignments.

Additional Services Proposed Terms

3.5 Packet Pg. 72
Staff recommends the following terms for each agreement:

Firm Term Compensation Extensions
Koff & Associates 3-years $75,000 Two Six Month extensions at the discretion of the City Manager
CPS HR Consulting 3-years $75,000 Two Six Month extensions at the discretion of the City Manager
Staff Recommendation for the Police Chief Recruitment
Koff and Associates’ proposal was slightly lower with a project cost not to exceed of $24,000, to CPS HR Consulting’s $25,000. Further, as demonstrated in their proposal, Koff & Associates have managed many recruitments for Police Chief’s and for these reasons, the City Manager recommends the City award the Police Chief recruitment to Koff & Associates.

Fiscal Impact
The total expenditures being requested in this staff report ($150,000) would be covered by the City’s reserves.

Public Notice
N/A
Environmental
No environmental impacts.

Attachments

1. Resolution - Recruitment Selection & Chief of Police

2. Reso 5034 Selection Process for Future Chiefs of Police

3. Request for Proposals City of East Palo Alto - Police Chief Selection

4. CPS HR Police Chief Rec Proposal

5. Koff & Assoc Police Chief Rec Proposal

3.5 Packet Pg. 73
Resolution No. XX-2022 1 of 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH BOTH KOFF AND

ASSOCIATES AND CPS HR TO PROVIDE RECRUITMENT SERVICES ON AN AS NEEDED BASIS EACH FOR AN AMOUNT NOT TO EXCEED $75,000 AND FOR TERMS OF THREE YEARS

AND CONCURS WITH THE SELECTION OF KOFF AND ASSOCIATES FOR THE CHIEF OF POLICE RECRUITMENT.

WHEREAS, Resolution 5034 establishes the selection process for the City of East Palo Alto Chief of Police; and
WHEREAS, the first step in that process is the selection of a recruitment firm to support the selection of the Chief of Police; and
WHEREAS, the City is experiencing an unprecedented level of employee turn-over; and WHEREAS, the City is also experiencing difficulty finding the high-level talent; and WHEREAS, on December 7th, 2021, the City issued a Request for Proposals (RFP) from recruitment firms to support the selection of the Chief of Police that included the option for the City to request additional services; and
WHEREAS, the City received two qualified proposals from the RFP process: Koff and Associates and CPS HR Consulting.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Authorizes the City Manager to execute agreements with both Koff and Associates and CPS HR Consulting, in forms approved by the City Attorney, to provide recruitment services on an as needed basis each for an amount not to exceed $75,000 and for a term of three years. Each contract shall allow for the two six-month extensions at the City Manager’s discretion; and

2. Concurs with the selection of the firm Koff and Associates for the East Palo Alto Chief of Police recruitment.

3.5.a
Packet Pg. 74
Attachment: Resolution - Recruitment Selection & Chief of Police (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Resolution No. XX-2022 2 of 2
PASSED AND ADOPTED this 1
st day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Rafael E. Alvarado Jr., City Attorney

3.5.a
Packet Pg. 75
Attachment: Resolution - Recruitment Selection & Chief of Police (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) RESOLUTION NO. 5034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

DEFINING THE SELECTION PROCESS FOR THE CHIEF OF POLICE
WHEREAS, the East Palo Alto Municipal Code ("EPAMC") sets forth the authority conferred upon City officers and employees to perform the functions oftheir respective offices; and
WHEREAS, in 1983, the City Council adopted Ordinance No. 13 creating the Office ofthe City Manager and establishing the powers and duties ofthe position.

Ordinance No. 13 was subsequently amended and codified in Chapter 2.12 ofthe EPAMC; and
WHEREAS, in 1984, the City Council adopted Ordinance No. 49 creating the Police Department and the position ofChiefofPolice. Ordinance No. 49 is codified in Chapter 2.20 ofthe EPAMC; and
WHEREAS, the City Manager is the head administrative officer for the City of East Palo Alto, subject to the direction ofthe City Council. He is responsible for the administration ofthe affairs ofthe City, including management ofthe City's departments and divisions; and
WHEREAS, the ChiefofPolice is the director ofthe Police Department, is responsible for the performance ofthe functions ofthe department and reports to the City Manager; and
WHEREAS, on March 20,2018, the City Council adopted Ordinance No. 413 amending Chapter 2.20 ofthe East Palo Alto Municipal Code to authorize the City Manager to appoint the ChiefofPolice in consultation with the City Council; and WHEREAS, Ordinance No.413 and amended Chapter 2.20 provides that the form ofCity Council consultation shall be established by resolution ofthe City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO hereby establishes the following process for selection ofa ChiefofPolice:

1. The City Council shall select a recruitment firm to perform the recruitment for the position ofChiefofPolice. Once selected, the City Council, with Human Resources HR) support shall work with the recruitment firm to develop a recruitment brochure.

3.5.b
Packet Pg. 76
Attachment: Reso 5034 Selection Process for Future Chiefs of Police (2082 : Selection of Recruitment Firm Police Chief & Further

2. HR staffand the recruitment firm shall conduct a review ofall applications received and reduce the candidate pool to the top 12 candidates.

3. HR staffand the recruitment firm shall: a) interview and screen the top 12 candidates, b) provide the City Council the top 12 applications; and, c) produce a confidential closed session report recommending the top six candidates for City Council consideration.

4. The City Council shall review the top 12 applications, consider HR and recruitment firm confidential closed session report including recommendations, and after deliberation in closed session will select the top six candidates.

5. HR staffshall schedule two interview panels of: a) law enforcement executives selected by HR staffand recruitment firm; and, b) five community members appointed at the sole discretion ofeach Council member.

6. Each panel will provide to HR stafftheir interview and rating sheets including comments identifying their top three candidates. HR staffwill provide all the material from the panels, in a confidential closed session report to the City Council.

7. The City Council shall meet in closed session to: a) review the HR confidential closed session report and consider the recommendation ofthe two panels, b) interview the top six candidates, and c) select the top three candidates for City Manager consideration.

8. The City Manager shall interview the top 3 candidates and make the final hiring decision.

PASSED AND ADOPTED this 2
nd day ofOctober, 2018, by the following vote:

AYES: ROMERO, GAUTHIER, MOODY, RUTHERFORD
NOES: NONE
ABSENT: ABRICA
l~jO. BSTAIN: NONE ·
SIGNED:

Ruben Abrica, Mayor
APPROVED AS TO FORM:

3.5.b
Packet Pg. 77
Attachment: Reso 5034 Selection Process for Future Chiefs of Police (2082 : Selection of Recruitment Firm Police Chief & Further Request for Proposals
(RFP)
Recruitment Services for Hiring
East Palo Alto Police Chief
November 30, 2021

3.5.c
Packet Pg. 78
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contents

1. Introduction.......................................................................................................1

2. Scope of Work ...................................................................................................1

3. Proposal & Project Timeline and Contacts.........................................................3

4. Proposal Guidelines...........................................................................................4

5. Selection Criteria and Evaluation Process..........................................................8

6. General Conditions..........................................................................................10

3.5.c
Packet Pg. 79
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

1. Introduction
The City of East Palo Alto (“City”) is requesting proposals from qualified vendors for Recruitment Services to support the selection of a new East Palo Alto Police Chief. a. City General Information and Governance
The following sections provide general information regarding the City governance structure and financial reporting requirements:

The City of East Palo Alto, incorporated in 1983, is the newest city in San Mateo County with a population of approximately 30,545 people. East Palo Alto is one of California’s most vibrant and diverse communities, in the San Francisco Peninsula and nestled within the heart of Silicon Valley. East Palo Alto is centrally located to international travel and is a central location to major neighboring tech companies and employers. Priding itself on its unique and multi-cultural community, East Palo Alto comprises youthful, diverse, and hard-working individuals.

The City of East Palo Alto operates under a Council/Manager form of government. Its mission is to provide responsive, respectful, and efficient public services to enhance the quality of life and safety for its multi-cultural community. The City fiscal year begins on July 1 and ends on June

30. City Hall is at 2415 University Avenue., East Palo Alto, CA 94303.

Recently retired Chief Albert Pardini had a distinguished 40-year career in law enforcement that includes being appointed as East Palo Alto’s 5th Chief of Police in 2014. Jeff Lui is currently the Acting Police Chief.

The City’s Police Department’s ongoing goals include crime suppression and analysis, problem solving, building community relationships, and creating effective crime prevention strategies.

The goal of a more informed and educated public regarding the City’s Police Department, crime, gangs, and other public safety issues, the better City staff, including Officers, can work together toward safer, more secure, and healthier neighborhoods. b. Background and City Intention
It is the intention of the City to follow process as codified by Resolution 5034 in the selection of the next Police Chief. Although the Police Chief recruitment is most pressing, the City may use the results of this RFP process to establish a relationship with a firm to help with future recruitment support.

2. Scope of Work
The following are the steps the City has set for selecting a new Police Chief:

1. The City Council shall select a recruitment firm to perform the recruitment for the position of

3.5.c
Packet Pg. 80
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

Chief of Police. Once selected, the City Council, with Human Resources (HR) support, shall work with the recruitment firm to develop a recruitment brochure.

2. HR staff and the recruitment firm shall conduct a review of all applications received and reduce the candidate pool to the top 12 candidates.

3. HR staff and the recruitment firm shall.
a. interview and screen the top 12 candidates
b. provide the City Council the top 12 applications
c. produce a confidential closed session report recommending the top six candidates for City Council consideration

4. The City Council shall review the top 12 applications, consider HR and recruitment firm confidential closed session report including recommendations, and after deliberation in closed session, will select the top six candidates.

5. HR staff shall schedule two interview panels of.
a. law enforcement executives selected by HR staff and recruitment firm b. five community members appointed at the sole discretion of each Council member

6. Each panel will provide to HR staff their interview and rating sheets including comments identifying their top three candidates. HR staff will provide all the material from the panels, in a confidential closed session report to the City Council.

7. The City Council shall meet in closed session to.
a. review the HR confidential closed session report and consider the recommendation of the two panels
b. interview the top six candidates
c. select the top three candidates for City Manager consideration.

8. The City Manager shall interview the top 3 candidates and make the final hiring decision.

3.5.c
Packet Pg. 81
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

3. Proposal & Project Timeline and Contacts
a. Key Dates
RFP Issued December 10, 2021
Request for Clarifications Due December 23, 2021
City to Issue Responses to Questions January 5, 2021
Proposal Submittal Deadline and Formal Opening January 21, 2022 – 12:00 PM Demonstration and Interviews with City Staff February
Contract awarded by City Council Late February / Early March b. Contacts
Inquiries concerning the RFP must be received by email and should be addressed to:

Submit all questions to Patrick Heisinger, Assistant City Manager ([email protected]) prior to the deadline referenced above.

Submit all proposals (excluding cost proposal) via email to Patrick Heisinger ([email protected]), Assistant City Manager prior to the deadline referenced above.

The Cost Proposal must be submitted physically, marked as RFP BID Police Chief, and sealed to the City Clerk prior to the deadline reference above.

City of East Palo Alto
Attn: City Clerk
2415 University Avenue
East Palo Alto, CA 94303
Submissions must be received, in full, by the City at or before the stated time will to be considered.

3.5.c
Packet Pg. 82
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

4. Proposal Guidelines
a. General Guidelines
Failure to comply with the requirements set forth in this RFP may cause disqualification. The City will not accept proposals and/or modifications received after the hour and date specified above. Submitted proposals may be withdrawn prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. The City does not allow handwritten notations or corrections. The responding Consultant is solely responsible for all costs related to preparing the proposal.

The City reserves the right to reject all proposals and to waive any minor informalities or irregularities in any proposal. Acceptance of any proposal submitted under this RFP shall not constitute any implied intent to enter a contract.

During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City, vendors submitting proposals may be requested to make oral presentations as part of the evaluation process.

The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the vendor of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the vendor selected.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be on conforming to the RFP instructions, responding to the RFP requirements, and providing a complete and clear description of the offer. The City may reject proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract.

3.5.c
Packet Pg. 83
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

b. Proposal Sections
The following proposal sections are to be included in the Proposer’s response:

I. Letter of Transmittal
A signed letter of transmittal briefly stating the vendor’s understanding of the work to be completed, the commitment to perform the work within the time period, a statement why the vendor believes itself to be the best qualified to perform the engagement and a statement that the proposal is a vendor and irrevocable offer. List all subcontractors, if any.

The letter shall make a declarative statement that the Respondent has reviewed all aspects of the City’s Contractor and Professional Services Agreement, including the City’s insurance requirements, and is in agreement with these documents. If the Respondent has concerns about the City’s standard forms, those concerns shall be identified in the letter.

II. Technical
The Technical Proposal shall address all points outlined in the request for proposals (excluding any cost information, which should only be included in a separate Cost Proposal). The proposal shall be prepared simply and economically, providing a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of this request for proposals. While additional data may be presented, the following subjects must be included and shall represent the criteria against which the proposal will be evaluated:

A. Vendor Qualifications and Experience - To qualify the vendor must have extensive experience in municipal recruitment and specifically recruitment for Police Chief.

The Proposer shall state the size of the vendor, range of service performed and include a list of all current clients.

B. References - Provide a list of not less than three (3) client references for whom services like those outlined in the RFP are currently being provided. For each reference listed provide the name of the organization, dates for which the service(s) are being provided, type of service(s) being provided and the name, title, address, telephone number, and e-mail address of the responsible person within the reference’s organization. The City reserves the right to contact the listed references regarding the audit services performed by the Proposer.

3.5.c
Packet Pg. 84
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

C. Proposed Methodology - The proposal should set forth a work plan, explaining the services required in Section II “Scope of Work” of this request for proposal. Include:
a. The philosophy and approach with detail specific to each area for providing the full scope of service.
b. Proposer’s ideas for maintaining open communication with the client. c. A project schedule, identifying high-level meeting content and participation, milestones, and deliverables.

III. Proposed Changes to Contract Template
The proposal should include requested changes (if any) to the standard City professional services contract

3.5.c
Packet Pg. 85
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

IV. Cost Proposal and Estimates
Submit the cost proposal separately, physically, and contain all pricing information relative to performing services as described in this RFP. a. The first page of the sealed dollar cost proposal shall include the following information:
i. Name of Vendor.
ii. Certification that the person signing the proposal is entitled to represent the vendor, empowered to submit the proposal, and authorized to sign a contract with the City.
b. Manner of Payment – Describe the proposed manner of payment. c. The cost proposal shall be submitted in following format:

Position Hours Hourly
Rate
Cost
…
…
Total
Total
Hours
Total
Not to
Exceed

3.5.c
Packet Pg. 86
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

5. Selection Criteria and Evaluation Process
The project’s core implementation team, comprised of City staff, will be responsible for the bid evaluations. This team, in accordance with the criteria listed below, will evaluate all proposals received as specified. The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed.

The final selection will be the vendor which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City’s best interest. The skill and ability of the entity performing the services is a key component of the selection criteria. The City will objectively evaluate Consultants based on their responses to the project scope outlined in the RFP. The written proposal should clearly demonstrate how the vendor could best satisfy the requirements of City.

The City maintains the sole and exclusive right to evaluate the merits of the proposals received. The City will consider the ability, capacity, skill, character, integrity, reputation, judgment, and expertise in the award of the project. Cost will be only one factor in determining the selection, and as such, the contract might not be awarded to the lowest responsible Proposer.

The City will undertake the following evaluation process:
• The City will review and evaluate all submitted documents received in response to the RFP.
• After the submittals are evaluated and ranked, the City, at its sole discretion, may elect to interview (including a demonstration of capabilities) one or more respondents. Please note that respondents may be asked to submit additional documentation. In addition, the City reserves the right to select a proposal without conducting interviews.
• If a commitment is made, it will be to the most qualified with whom City is able to successfully negotiate the compensation and terms and conditions of all agreements. • Once a contractor is selected, staff will make a recommendation to the City Council.

Final selection of a Contractor and authority to proceed with these services shall be at the sole discretion of the City Council.

The Attachment is the City’s standard consulting services agreement. Consultants interested in proposing on this RFP should be prepared to enter into the agreement under the standard terms and should be able to provide the required insurance. If the City is unable to

3.5.c
Packet Pg. 87
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

negotiate a satisfactory agreement, with terms and conditions the City determines, in its sole judgment, to be fair and reasonable, the City may then commence negotiations with the next most qualified vendor in sequence, until a vendor is selected, or a determination is made to reject all submittals.

Evaluation Criteria
Element Maximum
Points
Description
Experience 55
Respondent shall demonstrate experience providing the
services outlined in this RFP for public agencies, within a specific Service Category, with successful results.

Capacity to Perform 35
Respondent shall demonstrate the capacity to provide the services described in this RFQ and to respond to the public, the City, and other stakeholders in a timely manner. Defined expectations for timeliness of service delivery and stakeholder communication should be outlined with the submittal.

Estimate of Cost 10
The City is not required to select the firm with the lowest bid, however, as with any contract, cost is important and will be considered.

Confirmation Respondent Can
Meet City’s
Contracting/Insurance/Business
License Requirements
Pass/Fail This is required to avoid lengthy contract delays in the future.

3.5.c
Packet Pg. 88
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

6. General Conditions
Consultants are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Contractor represents and warrants that it has thoroughly examined and is familiar with work required under this RFP, that Contractor has conducted such additional investigation as it deems necessary and convenient, that Contractor is capable of providing the services requested by the City in a manner that meets the City’s objectives and specifications as outlined in this RFP, and that Contractor has reviewed and inspected all materials submitted in response to this RFP. Once the contractor has been selected, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Contractor to request additional compensation.
a. Non-Discrimination Requirement
By submitting a proposal, the Contractor represents that it and its subsidiaries do not and will not discriminate against any employee or applicant for employment on the basis of race, religion, sex, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related conditions, political affiliations or opinion, age, or medical condition and will comply with the City of East Palo Alto’s Policy Against Discrimination, Harassment, and Retaliation adopted by the East Palo Alto City Council on December 21, 2004.

Contractor and its subsidiaries shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation, medical condition or physical handicap. Contractor agrees to abide by the City of East Palo Alto’s Policy Against Discrimination, Harassment, and Retaliation adopted by the East Palo Alto City Council on December 21, 2004.
b. Indemnification
Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City.

3.5.c
Packet Pg. 89
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

c. Insurance

1. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any sub-Contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000), in aggregate or Two Million Dollars ($2,000,000) combined single limit bodily injury and property damage for each occurrence.

2. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

3. Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

4. Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

5. Broader Insurance Coverage: If Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

3.5.c
Packet Pg. 90
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

6. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors, and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

7. Primary and Non-Contributory Coverage: Except for professional liability and worker’s compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and non-contributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). All certificates and endorsements are to be received and approved by the City Attorney’s Office at least five days before Contractor commences work to be performed pursuant to the agreement. d. Conditions of Proposal Acceptance
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this RFP, or to procure or contract for any services. The City reserves the right to: waive any minor irregularities or informalities contained within an RFP, and/or reject any or all proposals received as a result of this request, and negotiate with any qualified contractor, or to cancel the RFP in part or whole. All proposals and material submitted will become the property of the City and will not be deemed confidential or proprietary. The City reserves the right to award in whole or in part, by item or group of items, by section or geographic area, when such action serves the best interests of the City. The City and Contractor may agree to add additional areas to the contract (Attachment) by mutual agreement later. The City may elect to stop work at any time in the contract and will pay for work completed to that point on a time and material basis.

3.5.c
Packet Pg. 91
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Attachment
– Consulting Services Agreement

3.5.c
Packet Pg. 92
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 1 of 8 (Rev. 9.07.2021)

CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made by and between the City of East Palo Alto, a municipal corporation ("City"), as authorized by the East Palo Alto City Council via Resolution No. __________, and [ type in name ], [ type in the type of entity ], hereinafter referred to as “Contractor”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement.

3. Term. The term of this Agreement shall commence on [ type in start date] and shall continue in full force and effect until [ type in end date ].

4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

5. Indemnification. Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.

6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach.

3.5.c
Packet Pg. 93
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 2 of 8 (Rev. 9.07.2021)

7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.

The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

8. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor’s family, business, real property or financial interests and the services to be provided under this Agreement. Contractor shall comply with the City of East Palo Alto Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Contractor’s family, business, real property or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.

9. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor any of Contractor’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.

10. Licenses, Permits, Etc. Contractor represents and warrants to City that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Contractor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.

11. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until such business license(s) has been obtained.

3.5.c
Packet Pg. 94
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 3 of 8 (Rev. 9.07.2021)

12. Standard of Performance. Contractor shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.

Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.

Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slow down or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.

14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

15. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

3.5.c
Packet Pg. 95
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 4 of 8 (Rev. 9.07.2021)
The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

16. Prevailing Wages for Public Works Projects. For public works projects, Contractor shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Contractor shall also comply with provisions of Labor Code section 1720 as applicable. Contractor shall maintain certified payroll records evidencing such payment of prevailing wages as required by law.

17. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Contractor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Contractor.

Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

3.5.c
Packet Pg. 96
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 5 of 8 (Rev. 9.07.2021)

19. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Contractor resulting from services rendered pursuant to this Agreement, shall become the property of City. Contractor agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.

21. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.

The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

23. Non-Discrimination/Fair Employment Practices. Contractor shall comply with all applicable federal, state and local laws, rules and regulations in regard to non-discrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation,

3.5.c
Packet Pg. 97
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 6 of 8 (Rev. 9.07.2021)
medical condition or physical handicap. Contractor agrees to abide by the City’s Policy Against Discrimination, Harassment and Retaliation as set out in attached Exhibit D.

24. Official Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: [insert name]
City Manager
City Manager’s Office
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: [insert name]
[insert title]
[insert company name]
[insert street name and suite #, if any]
[insert city, state and zip code]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

3.5.c
Packet Pg. 98
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 7 of 8 (Rev. 9.07.2021)

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

29. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential and shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City records on information to any third party, other than its own employees, agents or subcontractors who have a need for the City records or information for the performance of services under this Agreement.

A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Contractor agrees and acknowledges that this confidentiality provision does not limit the City’s disclosure as required by law, pursuant to a subpoena, the California Public Records Act, or Order of the Court.

33. News and Information Release. Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

3.5.c
Packet Pg. 99
Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 8 of 8 (Rev. 9.07.2021)

36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments.

Exhibit B, entitled “Compensation,” including any attachments.

Exhibit C, entitled “Insurance Requirements,” including any attachments.

Exhibit D, entitled “Policy Against Discrimination, Harassment and Retaliation” IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
[ INSERT CONTRACTOR NAME ]
[ INSERT TYPE OF ENTITY ]
By:
[ insert name ]
[ insert title ]
DATE: ____________________
East Palo Alto Business License No.

CITY OF EAST PALO ALTO,
a municipal corporation
By:________________________
Jaime M. Fontes
City Manager
DATE:___________
APPROVED AS TO CONTENT:
__________________________
[ Insert Department Head Name ]
[ Insert Department Head Title ]
APPROVED AS TO FORM:

Rafael E. Alvarado Jr.

City Attorney

3.5.c
Packet Pg. 100 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 1 of 2 Exhibit A (Rev. 9.07.21)

EXHIBIT A

SCOPE OF WORK

1. Representatives.

City Representative:
[ insert name ]
[ insert title ]
[ insert Department name ]
2415 University Avenue
East Palo Alto CA 94303
[ insert telephone number ]
[ insert facsimile number ]
Contractor’s Representative:
[ insert name ]
[ insert title ]
[ insert company name ]
[ insert street name and suite #, if any
]
[ insert City, state and zip code ]
[ insert telephone number ]
[ insert facsimile number ]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.

2. Services and Schedule.

The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference and performed according to the schedule set forth therein. Contractor will complete all services by [ insert date ].

3. Phased Performance.

If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

4. Additional Services. Additional services are those services related to the scope of Services of Contractor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement (“Additional Services”). Additional Services shall be provided only when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed

3.5.c
Packet Pg. 101 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 2 of 2 Exhibit A (Rev. 9.07.21)
under this Agreement or an amendment. .

Contractor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.

5. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination.

Key personnel: [ INSERT LIST OF EMPLOYEES NAMES – If the project does not require assignment of specific personnel, delete “Key Personnel” section ]

3.5.c
Packet Pg. 102 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 1 of 3 Exhibit B (Rev. 9.07.21)

EXHIBIT B

COMPENSATION

1. Contractor’s Compensation.

A. City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed [ insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents ] [ insert dollar amount in number- e.g., $2,550.13 ].

Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Contractor’s billable hourly rates shall be:
[ Insert Name, Title and Hourly Rate ]
or
[“Contractor will perform the services according to the schedule contained in Attachment [insert number] of [insert letter].”]

3. Contractor’s Reimbursable Expenses.

Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

3.5.c
Packet Pg. 103 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 2 of 3 Exhibit B (Rev. 9.07.21)

4. Payments to Contractor.

A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, said payments to be made in proportion to services performed. Contractor may request payment on a monthly basis.

Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

5. Accounting Records of Contractor.

Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours notice.

The obligations of Contractor under this section shall survive this Agreement.

6. Taxes.

3.5.c
Packet Pg. 104 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 3 of 3 Exhibit B (Rev. 9.07.21)
Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. Contractor hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section pursuant to the Indemnification provisions of this Agreement.

7. Taxpayer Identification Number. Contractor shall provide City with an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing an original signature and any other State or local tax identification number requested by City.

3.5.c
Packet Pg. 105 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 1 of 3 Exhibit C (Rev. 9.07.21)

EXHIBIT C

INSURANCE REQUIREMENTS
I. TYPES OF INSURANCE

9. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any subContractor or by anyone directly or indirectly employed by either of them.

The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000), in aggregate or Two Million Dollars ($2,000,000) combined single limit bodily injury and property damage for each occurrence.

10.Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form
Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

11.Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

12.Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of

3.5.c
Packet Pg. 106 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 2 of 3 Exhibit C (Rev. 9.07.21)
Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In the event that Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

B. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

C. Primary and Non-Contributory Coverage: Except for professional liability and worker's compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and non-contributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).

E. Notice of Cancellation: Contractor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.

3.5.c
Packet Pg. 107 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 3 of 3 Exhibit C (Rev. 9.07.21)
F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

3.5.c
Packet Pg. 108 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 1 of 4 Exhibit D

EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST

DISCRIMINATION, HARASSMENT AND RETALIATION
EFFECTIVE DATE: 12/21/2004
REVISED DATE: 1/12/07
ADOPTED BY CITY COUNCIL: 12/21/2004
I. PURPOSES
The purposes of this policy are to emphasize the City's commitment to keeping its workplace free of harassment, discrimination and retaliation, to define and provide examples of the conduct that is prohibited, to summarize the respective responsibilities for preventing, reporting, investigating, and responding to violations and to give clear warning of the serious consequences that violators will face.

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

II. POLICY
All of the following are prohibited by this Policy:
• Discrimination or harassment in any aspect of City employment based on any legally protected characteristic or status, including sex, gender, sexual orientation, race, color, national origin, language, ancestry, religion, age, marital status, domestic partner, physical disability, mental disability, or medical condition.
• Retaliation for opposing, filing a complaint about, or participating in an investigation of, any such harassment or discrimination. • Aiding, abetting, inciting, compelling, or coercing or any such discrimination, harassment or retaliation, or attempting to do so.

The City will take all reasonable steps necessary to prevent such misconduct from occurring, and to remedy and punish any occurrence. Any City employee, Council member, member of any advisory body, including any Commissioner, Committee member, or Board member found having engaged in any such misconduct will be subject to disciplinary action up to and including termination or censure or removal and will be deemed to have acted outside the course and scope of his or her employment.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.

3.5.c
Packet Pg. 109 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

III. DESCRIPTION AND EXAMPLES OF PROHIBITED HARASSMENT
Harassment on the basis of sex is unlawful, and is prohibited by this policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
• An individual's submission to such conduct is made explicitly or implicitly, a term or condition of that individual's employment; or,
• An individual's submission to or rejection of such conducts is used as the basis for an employment decision affecting that individual; or, • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, abusive, or offensive work environment.

Sexual harassment need not be motivated by sexual desire or gratification, and may include nonsexual conduct motivated by the violator's hostility towards the victim's gender, or towards the victim's nonconformity to gender stereotypes. Sexual harassment includes not only conduct motivated by gender, but also by pregnancy, childbirth, or a related condition. A harasser may be either male or female, and the victim may either be the same sex or the opposite sex. Even a person who is not the intended target of harassment may be harassed by it if he or she witnesses it.

Sexual harassment may be verbal, visual, or physical. For example:
• Verbal harassment may consist of derogatory, threatening, or intimidating comments, epithets, slurs or jokes; references to gender, physical appearance, attire, sexual prowess, marital status, or pregnancy; or sexual advances, propositions, or demands.
• Visual harassment may consist of displaying or circulating derogatory or offensive posters, cartoons, drawings, photographs, pin-ups, computer images, or electronic media transmissions.
• Physical harassment may consist of assault, battery, or unwelcome, unnecessary and offensive touching (kissing, hugging, patting, rubbing, pinching, brushing against), stating, leering, gesturing, whistling or making noises, impeding or blocking movement, or physical interfering with normal work or movement.

3.5.c
Packet Pg. 110 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

IV. REPORTING DISCRIMINATION, HARASSMENT OR RETALIATION Any City employee, volunteer, intern, vendor, contractor, or applicant who becomes aware of any discrimination, harassment or retaliation prohibited by this policy shall report it immediately to their immediate supervisor, or higher ranking supervisor, or the Assistant City Manager. Under no circumstances shall such a report be required or expected to be made to the person who engaged in the misconduct that is subject to this report.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Because reports of conduct prohibited by this policy will be treated as serious charges, the making of a deliberately false report, or a report made with reckless disregard for its truth or falsity, may subject the maker to disciplinary action.

V. INVESTIGATION AND RESOLUTION
The City of East Palo Alto will investigate all reported violations of this policy. All employees, volunteers, interns, vendors and contractors, members of the City Council, or members of a City advisory body shall cooperate with any such investigation.

Any supervisor, manager department head, member of the City Council, or member of a City advisory body who receives a report of, or who becomes aware of, conduct prohibited by this policy shall promptly report it to the Personnel Officer. Upon receiving the report, the Personnel Officer shall direct any report that accuses a City Council member or appointee to the City Council for investigation and resolution. The City Council shall delegate the responsibility to conduct a prompt, full, and fair investigation to the qualified private investigator.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate

3.5.c
Packet Pg. 111 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
• Interview the complainant, the accused, and any other person the investigator believe to have knowledge relevant to the charges; • Gather and review any documentary, electronic, or physical evidence relevant to the charges;
• Consult with legal counsel as needed;
• Determine whether the charges can or cannot be substantiated; and • Develop recommendations for appropriate remedial and/or disciplinary action, if any.

VI. OUTSIDE ADMINISTRATIVE AGENCIES
In addition to the remedies described in this Policy, the U.S. Equal Employment Commission and the California Department of Fair Employment and Housing provide administrative complaint and investigation processes as to harassment, discrimination or retaliation on the basis of a protected status. The toll free telephone number for such office is listed below:

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000

3.5.c
Packet Pg. 112 Attachment: Request for Proposals City of East Palo Alto - Police Chief Selection (2082 : Selection of Recruitment Firm Police Chief & Further

PROPOSAL
City of East Palo Alto
Executive Recruitment Services for
Police Chief
Due Date: January 21, 2022
12:00 PM PST
Your Path to Performance
SUBMITTED BY:

MELISSA ASHER
Sr. Practice Leader, Products and Services
CPS HR Consulting
4 West Dry Creek Cir, Ste 100
Littleton, CO 80120
P: 916-471-3358
[email protected]
Tax ID: 68-0067209
www.cpshr.us

3.5.d
Packet Pg. 113 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) 2450 Del Paso Road, Suite 220 Sacramento, CA 95834 www.cpshr.us Tax ID: 68-0067209 January 21, 2022
Patrick Heisinger, Assistant City Manager
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
Submitted via email to: [email protected]
Subject: Executive Recruitment Services for Police Chief Dear Mr. Heisinger:

CPS HR Consulting (CPS HR) is pleased to have the opportunity to submit a proposal to assist the City of East Palo Alto (City) with the recruitment of a new Police Chief. We understand that each agency is unique, and our extensive experience allows us to tailor our process to specifically meet your needs. Our work with local government agencies throughout the United States gives us an in-depth understanding of government operations, programs, and services.

The recruitment of this key position at this unique time in history presents a pivotal moment to shape and prepare your City for the future. We are uniquely qualified to undertake this effort as we have vast experience in assisting public agencies with executive search, screening, and placement. We have expertise across the spectrum of Human Resources services and will bring a holistic approach to this recruitment, including the importance of equity, inclusion and diversity. In addition, we recently completed the Police Chief searches for the cities of Lathrop, California and Sheridan, Colorado for which we received 38 and 63 applications respectively.

Once this project begins, we will work with the City to tailor our process to highlight this exciting opportunity and attract the best possible candidates. Our goal throughout this recruitment will be to navigate this process with honesty, integrity and sound management regarding time and resources, while embracing the goal to foster an environment that promotes equality, teamwork, positive communication, leadership, and accountability.

It is our commitment to work in partnership with your organization to a successful result.

Thank you for the opportunity to be considered for this engagement. Should you have questions or comments about the information presented in this proposal, please contact me at [email protected] or (916) 471-3358.

Sincerely,
Melissa Asher
Senior Practice Leader, Products and Services

3.5.d
Packet Pg. 114 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | i
Table of Contents
A. Vendor Qualifications and Experience ....................................................................................... 1 About CPS HR Consulting .......................................................................................................................... 1 Recruitment Experts ................................................................................................................................. 2 B. References .................................................................................................................................. 4 C. Proposed Methodology .............................................................................................................. 6 Key Stakeholder Involvement ................................................................................................................... 6 City’s Needs............................................................................................................................................... 6 Commitment to Communication .............................................................................................................. 6 Aggressive, Proactive, and Robust Recruitment....................................................................................... 6 Diversity Outreach Process....................................................................................................................... 7 Scope of Work........................................................................................................................................... 8 Phase I - Develop Candidate Profile and Recruitment Strategy ............................................................... 8 Phase II – Aggressive, Proactive, and Robust Recruitment....................................................................... 9 Phase III – Selection ................................................................................................................................11 Proposed Timeline ..................................................................................................................................13 Executive Recruitment Team ..................................................................................................................14 Proposed Changes to Contract Template..................................................................................... 19 Appendix A: Sample Brochure ...................................................................................................... 20

3.5.d
Packet Pg. 115 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 1
A. Vendor Qualifications and Experience
About CPS HR Consulting
CPS HR Consulting has been assisting organizations with their talent management needs for over 35 years. We have unique expertise in delivering HR management and consulting services, employment testing, and assessment services to government agencies throughout North America. Our core competency is its knowledge of and expertise in the public sector.

CPS HR offers clients a comprehensive range of competitively priced services, all of which can be customized to meet your organization’s specific needs. We are committed to supporting and developing strategic organizational leadership and human resource management in the public sector. We offer expertise in the areas of organizational strategy, recruitment and selection, training and development, and organization and workforce management.

CPS HR occupies a unique position among its competitors in the field of government consulting; as a Joint Powers Authority, whose charter mandates that we serve only public sector clients, we actively serve all government sectors including Federal, State, Local, Special Districts, Higher Education, and Non-Profit Organizations. This singular position provides CPS HR with a systemic and extensive understanding of how each government sector is inter-connected to each other and to their communities. That understanding, combined with our knowledge of public and private sector best practices, translates into meaningful and practical solutions for our clients’ operational and business needs.

With more than 85 full-time employees as well as 200+ project consultants and technical experts nationwide, CPS HR delivers breakthrough solutions that help public sector organizations impact the communities they serve. CPS HR has worked with more than 1,200 government and public/non-profit clients throughout the United States and Canada.

Our headquarters are located in Sacramento, California. We have regional offices in Austin, TX; Littleton, CO; and Orange County, CA.

ƔƔƔ
OUR VISION:

Enabling people to
realize the promise of
public service

3.5.d
Packet Pg. 116 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 2
Recruitment Experts
CPS HR specializes in the recruitment and selection of key professionals for cities, counties, special districts, and non-profits. Working in partnership with the governing body or selection team, we develop customized search strategies that focus on locating and recruiting qualified candidates who match the agency’s unique needs. Our wealth of recruitment experience has been gained through more than 19 years of placing top and mid-level executives in public agencies throughout the United States.
„ Unmatched Recruitment Experience for Government Agencies. CPS HR has extensive experience in recruiting executive-level professionals for public agencies across the United States. As a public agency ourselves, we understand how to work with and within government. Our understanding of public sector culture and policy uniquely sets us apart from our competitors.
„ Seasoned Executive Recruiters. Our recruiters possess a high level of expertise in recruiting and placing executive-level professionals. Our staff of experts includes an exceptional group of full-time employees as well as a full complement of subject matter experts, intermittent employees, and part-time employees with a variety of public and private sector experience.
„ Detailed Needs Assessments. We conduct a detailed needs assessment to identify 1) future organizational direction; 2) challenges facing the position; 3) the working style and organizational climate; and 4) required core and job specific competencies as well as personal and professional characteristics.
„ Success Recruiting Non-Job Seeking Talent. We recognize that the very best candidates for some types of positions may not be looking for a career change, therefore, our recruitment team takes a very aggressive approach to identify and recruit such candidates.
„ Vast Pool of Public Agency Contacts. CPS HR maintains a database of candidates and an extensive network of external resources to leverage for executive-level positions. We utilize our vast pool of public and non-profit contacts to deliver a strong list of competitive candidates who will be well prepared to assist you in the accomplishment of your specific mission and goals.
„ Satisfied Clients. Our executive search client satisfaction rating averages 4.6 on a scale of 5. While many companies talk about client satisfaction, how many measure the impact of that through assessing client satisfaction by distributing written surveys and tying the results of these surveys to their performance management system? CPS HR Consulting does. A client satisfaction survey is sent at the end of every engagement requesting feedback on the quality of our staff, deliverables, and the overall consulting relationship. „ Retention/Success Rate. Our success rate is tied to the longevity of the candidates we place, currently more than 91% of our placements are still in their position after two years.

3.5.d
Packet Pg. 117 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 3
„ Partial list of recruitments. Below is a brief listing of recent recruitments to show our experience with similar executive recruitments.

Agency Title Year Completed
City of Rocklin, CA Chief of Police (Outreach Only) Current City of Lathrop, CA Police Chief 2021
City of Sheridan, CO Chief of Police 2020
Contra Costa County, CA Chief Probation Officer 2020
City of Aurora, CO Public Safety Communications Center Director 2020 LA Metro Chief of Systems Security and Law Enforcement 2020 City of Redlands, CA Fire Chief 2019
City of Las Vegas, NV Fire Communications Supervisor 2018 South Metro Fire Rescue, CO Chief Human Resources Officer 2018 City of Missouri City (Fire
Department), TX
Emergency Management Coordinator 2018
Town of Los Gatos, CA Chief of Police 2017
City of Fairfield, CA Police Social Services Program Coordinator 2017 City of Aurora, CO Fire Chief 2017
City of San Jose (Fire
Department), CA
Deputy Director of Administration 2017
California State Assembly Chief Sergeant-at-Arms 2016
California Department of Toxic
Substance Control
Director, Office of Emergency Management 2016
California Office of Emergency
Services
Assistant Director of Public Safety
Communications
2016
Cosumnes Community Services
District, CA
EMS Division Performance and Development
Manager
2016
City of Missouri City, TX Fire Chief 2016
Orange County Fire Authority,
CA
Human Resources Director 2016
County of Orange, CA Chief Deputy Probation Officer 2016 County of Santa Barbara, CA Director, Office of Emergency Management 2016 Five Cities Fire Authority, CA Fire Chief 2015

3.5.d
Packet Pg. 118 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 4
B. References
Provided below is a partial list of clients we have recently worked with in providing similar executive recruitment services. We are confident that these public-sector clients will tout our responsiveness and ability to successfully place candidates that were a good fit for their organization’s needs.

CLIENT/POSITIONS CONTACT(S)
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Police Chief (2021)
Teresa Vargas, City Clerk
(209) 941-7230
[email protected]
Project Information: CPS HR just completed a full recruitment (Phases I-III) for this growing Central Valley city. After many years of contract services, the City is standing up its own police department and CPS HR is assisting with the recruitment of the entire force. The response to this recruitment was excellent netting a highly-qualified, diverse pool of 38 applicants. The selection process was robust and included a three-panel interview process – a Police Chief Panel, Community Panel and Department Head Panel. Candidates then met in small groups with the City Council as well. The City Manager is extremely pleased with the process and final outcome.

City of Sheridan
4101 S Federal Boulevard
Sheridan, CO 80110-5399
Chief of Police (2020)
Devin Granbery, City Manager
(303) 762-2200
[email protected]
Project Information: CPS HR completed a full recruitment (Phases I-III) for this small Colorado town located in the Denver Metroplex. The response to this recruitment was excellent netting a highlyqualified, diverse pool of 63 applicants. This process was conducted completely virtually during the current pandemic and included a three-panel interview process – a Police Chief Panel, Community Panel and Department Panel. The City Manager is extremely pleased with the process and final outcome.

City of Aurora
15151 E. Alameda Parkway
Aurora, CO 80012
Public Safety Communications Center Director
(2020)
Fernando Gray, Fire Chief
(303) 326-8999
[email protected]
Or
Jason Batchelor, Deputy City Manager
(303) 739-7060
[email protected]

3.5.d
Packet Pg. 119 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 5

CLIENT/POSITIONS CONTACT(S)
Project Information: CPS HR completed a full recruitment (Phases I-III) for this large Denver suburb. The recruitment required significant outreach as the position paid less than comparable positions in neighboring areas. However, the process netted six very strong candidates of the 23 applicants. A robust selection process included a first round of Skype interviews with representatives of both Fire and Police with the six initial candidates and a final process of three panels – Department Heads, Executive Team and Peer Panel – and a Meet and Greet for all employees. A recent follow-up conversation with the Deputy City Manager indicated the chosen candidate has been an exceptional addition to the City.

LA Metro
One Gateway Plaza
Los Angeles, CA 90012
Chief of Systems Security and Law Enforcement
(2020)
Sandra Blanco-Sanchez, Director of Talent
Acquisition
(213) 418-3102
[email protected]
Project Information: CPS HR assisted the nation’s second largest public transit system with their recruitment of a Chief Law Enforcement Officer. The recruitment netted 42 applications and resulted in the successful placement of the Deputy Chief of the Los Angeles Police Department (LAPD).

3.5.d
Packet Pg. 120 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 6
C. Proposed Methodology
Key Stakeholder Involvement
The City Council and the Human Resources Support Staff (HR Staff), on behalf of the City of East Palo Alto, must be intimately involved in the search for a new Police Chief. Our approach assumes their direct participation in key phases of the search process. We assume the City Manager would also be consulted during the early stages of the hiring process to provide input to the recruitment. At the discretion of the City Council, other key stakeholders may also be invited to provide input for the development of the candidate profile.

City’s Needs
A critical first step in a successful executive search is for the City Council and the HR Staff to define the professional and personal qualities required of the Police Chief. CPS HR has developed a very effective process that will permit the City Council and the HR Staff to clarify the preferred future direction for the City; the specific challenges the City is likely to face in achieving this future direction; the working style and organizational climate the Council and City Manager wish to establish with the Police Chief; and ultimately, the professional and personal qualities required of the Police Chief.

Commitment to Communication
Throughout the recruitment process, we are strongly committed to keeping you fully informed of our progress. We will collaborate with you to provide updates on the status of the recruitment via your preferred method of communication (phone conference, email, etc.).

We place the highest level of importance on customer service and responding in a timely manner to all client and candidate inquiries. Our previous clients and candidates have expressed a sincere appreciation for our level of service and responsiveness to the management of the recruitment process. As a result, we have many long-term relationships with clients that have led to opportunities to assist them with multiple recruitments.

CPS HR’s communication continues once you have selected the new Police Chief. We will contact the City Manager and the newly appointed Police Chief within six months of appointment to ensure an effective transition has occurred.

Aggressive, Proactive, and Robust Recruitment
We take an aggressive approach in identifying and recruiting the best available candidates. There are those candidates who would gladly rise to the professional challenge and apply for this position; however, some of the best candidates are often not actively seeking a new position and may only consider a change once we present them with your opportunity. Evoking the sense of vision and opportunity in qualified persons is among the responsibilities of CPS HR, and we pride

3.5.d
Packet Pg. 121 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 7
ourselves in our efforts to reach the best available potential candidates. We use advertisements, directly email the outreach brochure, post messages and connect with potential candidates on business media such as LinkedIn, and of course, pick up the phone and call qualified individuals and referral sources.

Diversity Outreach Process
CPS HR strives to attract the most highly qualified, diverse candidate pool possible. We are pleased that our diligent efforts have resulted in more than 57% of our executive level placements being minority and/or female candidates within the past three years. During a recent search for a Chief Probation Officer in Marin County, California, the pool of six finalists included five underrepresented minorities. We believe our City Manager search for East Palo Alto is another excellent example of our diverse outreach process as it was a high priority of the Mayor and City Council to pursue and demonstrate a diverse outreach process.

We accomplished this by advertising with organizations like the National Forum for Black Public Administrators and the Local Government Hispanic Network in order to reach these specific population groups. We also sought candidate referrals from local subject matter experts and the national leadership of groups like Women Leading Government. By taking the time to directly contact these influential industry experts, we ensured that we captured the maximum number of distinguished candidates – particularly those who are well-known in their industries, but who may not be actively looking for a new job.

The result was an incredibly diverse finalist group. One Councilmember mentioned that he had checked with neighboring communities behind the scenes regarding their recent recruitments and could confirm that our candidate pool was most impressive in comparison – likely in terms of quantity, quality, and diversity. We believe this intimate knowledge of East Palo Alto makes us uniquely qualified to conduct the Police Chief recruitment.

3.5.d
Packet Pg. 122 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 8
Scope of Work
Our proposed executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of a new Police Chief uniquely suited to the City's needs.

Phase I: Our consultant will meet with the City Council and the HR Staff to ascertain the City’s needs and ideal candidate attributes, to target our search efforts, and maximize candidate fit with the City.

Phase II: The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with contacts with qualified individuals from our extensive database.

Phase III: The selection process is customized for the City. CPS HR will work with the City Council and the HR Staff to determine the process best suited for the City of East Palo Alto.

The first step in this engagement is a thorough review of the City’s needs, culture and goals; the executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges that will face a new Police Chief. Activities will include:
„ Identifying key priorities for the new Police Chief and the conditions and challenges likely to be encountered in achieving these priorities. „ Describing the type of working relationship the City Council and the HR Staff wishes to establish with the Police Chief.

Develop
Candidate
Profile and
Recruitment
Strategy
Phase I Aggressive,
Proactive,
and Robust
Recruitment
Phase II
Selection
Phase III
Phase I - Develop Candidate Profile and Recruitment
Strategy
Task 1 - Review and Finalize Executive Search Process and Schedule Task 2 - Key Stakeholder Meetings
Task 3 - Candidate Profile and Recruitment Strategy Development Task 4 – Develop Recruitment Brochure

3.5.d
Packet Pg. 123 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 9
„ Generating lists of specific competencies, experiences, and personal attributes needed by the new Police Chief in light of the discussions above. „ Discussing recruitment and selection strategies for the City Council and the HR Staff’s consideration to best produce the intended results.

CPS HR will provide a summary to the City stemming from these activities as an additional source of information for developing the candidate profile and selection criteria.

Following the completion of the workshop session, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review prior to printing.

Please refer to Appendix A for a sample brochure. Additional brochure examples are available on our website at www.cpshr.us/search.

The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from our extensive database. CPS HR prides itself on the active outreach and research performed by the recruiter during the search process to ensure a strong candidate pool for your positions CPS HR will prepare, submit for your approval, and publish advertisements in appropriate magazines, journals, newsletters, job bulletins, and websites to attract candidates on a nationwide, regional, local or targeted basis based on the recruitment strategy. Examples may include:

Advertising Sources
x City’s website
x CPS HR website
x Western City
x LinkedIn
x California Police Chiefs’
Association
x Hispanic American Police
Command Officers Association
x International Association of Chiefs of Police
x National Organization of Black Law Enforcement
Executives
x National Association of Women Law
Enforcement Executives
x National League of Cities
x Same Shield (Outreach)
As a consulting firm that interacts with hundreds of public sector executives during engagements, we have a cadre of individuals who we inform of recruitments, both to increase the visibility of the opening and to attract appropriate individuals who fit the special needs of our client.

Phase II – Aggressive, Proactive, and Robust Recruitment Task 1 – Place Advertisements
Task 2 - Identify and Contact Potential Candidates
Task 3 – Resume Review and Screening Interviews
Task 4 – City Manager Selects Finalists

3.5.d
Packet Pg. 124 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 10
Communication with these professionals ensures that an accurate picture of the requirements of the job is apparent and proliferated throughout their professional networks.

CPS HR is focused on reaching a diverse candidate pool and would recommend publications/websites that are targeted to minority and female candidates. In addition to placing ads on websites aimed at minority candidates, we will contact leaders within appropriate associations to gain their insight and referrals of possible candidates.

Within the past three years, more than 57% of our executive level placements have been minority and/or female candidates.

CPS HR will prepare an email distribution list containing prospective candidates and referral sources. These individuals will receive a link to the Police Chief brochure along with a personal invitation to contact CPS HR should they have any questions about the position.

CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced professionals; however, we do not rely solely upon our current database. We also conduct research to identify individuals relevant to your specific needs and expectations to ensure that we are thorough in our efforts to market this position to the appropriate audience and to garner a diverse and quality pool of candidates.

We will:
„ Convey a strong sense of the purpose and strategy of the City. For many talented individuals, understanding these aspects is one of the key motivators to compete in such an environment.
„ Provide guidance and resources to candidates regarding the area’s cost of living, mean and median housing prices, higher education opportunities, K-12 education information, and other aspects of interest to those who are considering relocating to the area. „ Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City or continuing to ensure the public confidence in the integrity of the City.

CPS HR will directly receive and initially screen all resumes. This screening process is specifically designed to assess the personal and professional attributes the City is seeking and will include a thorough review of each candidate's resume, and if applicable, supplemental questionnaire responses and other supporting materials. HR Staff and CPS HR will conduct a personal screening interview via tele/videoconference with those candidates who fit the City’s ideal candidate profile and spend extensive time ascertaining each candidate’s long-term career goals and reasons why the candidate is seeking this opportunity, as well as gaining a solid understanding of the candidate’s technical competence and management philosophy. We will gather data on any other unique aspects specific to this recruitment based upon the candidate profile, as well as conduct internet and media research on each candidate interviewed. In addition, should the City desire, CPS HR is able to record the candidate’s response to one or two

3.5.d
Packet Pg. 125 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 11
questions, which enables the City to view the candidates prior to choosing their semi-finalist pool.

CPS HR will prepare a written report that summarizes the results of the recruitment process and recommend twelve candidates for further consideration by the City Council. The report will recommend twelve highly qualified candidates and will include resumes and a profile on each interviewee's background. CPS HR will meet with the City Council and HR Staff to review this report and to assist them in selecting a group of finalists for further evaluation.

CPS HR will design a draft selection process based on information gathered in Phase I. We will meet with the City to review this process and discuss the City’s preferred approach in assessing the final candidates. The selection process will typically include an in-depth interview with each candidate but may also include other selection assessments such as an oral presentation, preparation of written materials, and/or problem-solving exercises.

We will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates.

Following the completion of the selection process, CPS HR will be available to complete the following components:
„ Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort.
„ Conduct In-Depth Reference Checks: The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (It is our policy to not contact current supervisors until a job offer is made, contingent upon that reference being successfully completed, so as not to jeopardize the candidates’ current employment situation.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City.

Phase III – Selection
Task 1 - Design Selection Process
Task 2 - Administer Selection Process
Task 3 – Final Preparation for Appointment
Task 4 – Contract Negotiations

3.5.d
Packet Pg. 126 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 12
„ Conduct Background Checks: As required by California POST, Police Chief background checks must be conducted by a POST certified investigator. CPS HR is available to assist in identifying a qualified firm. This cost is not represented in our price quote and is usually a direct arrangement between the Investigator and the City. The cost of a typical background check (civil, driving, credit, employment, education) is included in our fee structure.
„ Contract Negotiation (if requested): Successful negotiations are critically important, and we are available to serve as your representative in this process. With our expertise, we can advise you regarding current approaches to various components of an employment package. We can represent your interests with regards to salary, benefits, employment agreements, housing, relocation, and other aspects, with the ultimate goal of securing your chosen candidate.

3.5.d
Packet Pg. 127 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 13
Proposed Timeline
The project team CPS HR has selected is prepared to begin work upon receipt of a fully-executed contractual agreement. All search activities up to and including the selection of a new Police Chief can be completed in 14 to 16 weeks. The precise schedule will depend on the placement of advertising in the appropriate professional journals, and the ability to schedule, as quickly as possible, the initial meeting. A proposed schedule of major milestones is presented below.

Task Name Month 1 Month 2 Month 3 Month 4
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Initial Meeting/ Candidate
Profile ¾
Draft Brochure ¾
Brochure Approved/
Printed & Place Ads ¾
Aggressive Recruiting ¾
Final Filing Date ¾
Preliminary Screening ¾
Present Leading
Candidates ¾
Semi-finalist Interviews ¾
Reference/
Background Checks ¾
Finalist Interviews ¾
Appointment ¾
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

3.5.d
Packet Pg. 128 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 14
Executive Recruitment Team
CPS HR has assembled a strong project team with each member possessing extensive recruiting experience and a direct, in-depth understanding of local government. Our executive recruitment team will work collectively to fulfill the City’s needs in a timely and effective manner. We are committed to providing each of our clients the same level of service excellence, and we take great care not to take on more work than this commitment allows. We will not utilize subcontractors for these services. No staff members will be removed or replaced without the prior written concurrence of the City.

Role/Project Assignment Name Phone Email
Manager, Executive Recruitment Pamela Derby (916) 471-3126 [email protected] Senior Executive Recruiter Andrew Nelson (916) 471-3329 [email protected] Senior Executive Recruiter Kylie Wilson (916) 471-3325 [email protected] Senior Executive Recruiter Paula Adams (916) 471-3350 [email protected] Executive Recruiter Joanne Peterson (916) 471-3359 [email protected] Executive Recruiter David Niemeyer (916) 263-1401 [email protected] Associate Executive Recruiter Fatima Nukic (916) 471-3308 [email protected] Associate Executive Recruiter Rachael Danke (916) 263-1401 [email protected] Team Biographies
Pamela H. Derby, Supervising Executive Recruiter, Project Manager Since joining CPS HR Consulting in 2003, Pam Derby has conducted a wide range of recruitments for county, city, special district and association executives including city attorney, executive director, general manager, city manager, assistant and deputy city manager, Chief of Police, community and economic development director, human resource director, finance director, city administrator, registrar of voters, library director, and director of information technology in addition to specialized support positions. She specializes in recruitments requiring extensive stakeholder and community engagement and has perfected these processes for CPS HR.

Ms. Derby has just completed the Police Chief recruitments for the cities of Lathrop, CA and Sheridan, CO and recently completed the Public Safety Communications Center Director recruitment for the City of Aurora, CO.

Prior to joining CPS HR, Ms. Derby served as the Aide to the Yuba County Board of Supervisors serving as the Board’s liaison to County Department Heads, the community, and the media. This

3.5.d
Packet Pg. 129 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 15
experience provided her with a unique perspective into the special circumstances that exist in a Board/Council-Manager relationship and a keen awareness of the inner workings of local government. She is sensitive to balance the wants of the community with the needs of the client so as to tailor a recruitment process that reaches out to the most appropriate candidates and ensures a diverse group of individuals from which to make a selection. She has successfully employed these techniques in jurisdictions ranging from under 10,000 to 10 million. Moreover, she employs a firmly-held personal philosophy that candidates must be treated with the same respect and careful consideration as her client.

Prior to her local government service, Ms. Derby served in the private sector and with several non-profit lobbying associations. She was responsible for the management of several large consumer groups.

Andrew Nelson, Senior Executive Recruiter
Andrew Nelson brings an extensive background in government service to his role as Executive Recruiter at CPS HR Consulting through city administration, transportation planning, and court management as well as professional recruiter training from the U.S. military.

Mr. Nelson has significant experience with recruitments of professional and management positions for the public sector. Prior to joining CPS HR Consulting, Mr. Nelson served as City Administrator for the City of Kemmerer, WY and as director of the Casper Area Metropolitan Planning Organization. This hands-on experience gives Mr. Nelson perspective to the mindset and needs of senior public officials recruiting open positions.

Beyond recruitment, his duties included comprehensive administration of their human resources policies. This consisted of assessing job performance, approving job descriptions and their associated revisions, revising employee policies, leading collective bargaining negotiations for the city, assessing and investigating risk management claims, and continuing training for all employees.

Additionally, Mr. Nelson currently serves the United States Coast Guard as an Auxiliary Recruiter.

He received formal training in recruitment, including sales, marketing, and interviewing skills at the Coast Guard Training Center Cape May (New Jersey) and has received an Auxiliary Commandant Letter of Commendation and three Coast Guard Meritorious Team Commendations as a direct result of his recruiting efforts.

3.5.d
Packet Pg. 130 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 16
Kylie Wilson, Senior Executive Recruiter
Kylie Wilson has over twenty-five years of professional and management experience in the public sector. Ms. Wilson has worked directly with local government organizations and associations, predominately human resources personnel, city management, parks and recreation, project management, employee development, executive recruitment, strategic planning, live training and workshops and other client needs.

Ms. Wilson has conducted numerous executive recruitments for all types of organizations for General Manager/Administrators, Chief Information Officers, Chief Financial Officers, City Auditors, City Clerks, Directors for various departments, Housing Policy Directors, along with numerous other manager level positions.

She has a passion for public service and a strong skill set for being mission driven and results oriented, while always maintaining an optimistic and engaging demeanor. Ms. Wilson also provided management and oversight to key programs, projects and processes by evaluating City operations and making recommendations to improve operational implementation of a strategic plan, to include short-term and long-term goals and objectives, for City operations, and identifying opportunities for improving methods and procedures.

Paula Adams, Senior Executive Recruiter
Paula Adams brings over 25 years of public sector Human Resources experience with extensive managerial assignments as Human Resources Director and Director of Airports Administration with the City of Los Angeles.

Ms. Adams is well known for thinking strategically, contributing a constructive point of view, dissecting organizational barriers and applying active listening. Ms. Adams has been a leader on a few strategic planning design teams and held a leadership role with organizational cultural shifting to foster diversity and inclusion in the workplace.

For 21 years, Ms. Adams had a leadership role for Los Angeles World Airports (LAWA), one of the largest airport complexes in the world. As an established and credible leader with Human Resources – Ms. Adams led recruitments for Deputy Executive Director, Assistant Airport Police Chief, Airport Police Chief, and Chief Financial Officer at LAWA.

Ms. Adams holds a Master of Public Administration from CSU Dominguez Hills and a Certificate in Corporate Litigation from UCLA Extension and serves on the Board of Directors of the Western Region International Public Management Association for Human Resources (WRIPMA) and is the 2021-2022 WRIPMA President.

3.5.d
Packet Pg. 131 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 17
Joanne Peterson, Executive Recruiter
Joanne Peterson is a proven visionary and leader in supporting and sustaining a healthy workplace culture.

Ms. Peterson has over twenty-five years of direct experience in the public sector. She has worked with local government organizations and associations, predominately in human resource management, County management, and metropolitan transportation authority among others.

Prior to joining CPS HR Consulting she served as the Chief Human Capita & Development Officer for the Los Angeles County Metropolitan Transportation Authority. In this role, she served as department chief leading a staff of HR professionals that is comprised of eight operating units, including Talent Acquisition (recruitment, selection hiring, compensation & classification and employee on-boarding), Strategic Workforce Planning (short/long term workforce projects, succession planning, and veteran outreach), Employee Relations and Talent Development (employee readiness and employee advancement), Labor Relations, Pension and Benefits and General Services. She has built world-class workforce programs with a focus on change management, leadership development and strategic planning. The hallmark of her career has been to develop our future leaders while building strategic workforce plans.

David J. Niemeyer, Executive Recruiter
David Niemeyer brings an extensive experience in government services to the CPS HR Consulting Executive Recruitment team. Through his roles as Village Manager, City Manager, Village Administrator, and City Administrator/Assistant to the Mayor all in the state of Illinois. Human resources and senior executive recruitment are areas that he excels in and thoroughly enjoys.

Mr. Niemeyer led recruitments for over 15 department head vacancies as well as numerous other management positions. This included preparing recruitment profiles and brochures, screening candidates and creating a list of top candidates for the elected officials, developing interview questions, managing assessment centers, conducting background checks, and negotiating employment offers. His most recent large recruitment was for the police chief of Tinley Park which included a day long assessment center.

Additionally, he has worked in a variety of different communities in terms of wealth, demographic, political stability, culture and differing goals. A candidate that is successful in one community may not be successful in other, and so it is important that a recruiter understands the importance of candidate fit in an organization. Mr. Niemeyer’s experience in diverse communities will help in screening candidates that are a good match for an organization.

3.5.d
Packet Pg. 132 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 18
Fatima Nukic, Associate Executive Recruiter
Fatima Nukic has over ten years of professional experience in the public sector. She has assistant on a wide range of recruitments for county, city, special district, and association executives including executive director, city attorney, police chief, human resources director, finance director, health and human services director, risk manager, environmental resources director, to name a few. Ms. Nukic is an action-oriented and results-driven leader who thrives on finding new ways to promote recruitments and finding ideal candidates. She brings an extensive background in promoting, sourcing, and social media marketing to her role as an Associate Executive Recruiter at CPS HR Consulting.

Rachael Danke, Associate Executive Recruiter
Rachael Danke has spent her entire career in the non-profit and public sector. With 5 years of experience in Human Resources, Rachael has assisted agencies with recruitment, hiring, benefits, policy analysis and development, and more. She is currently finishing her Master's Degree in Human Resources at Pepperdine University and is excited to continue to attract new talent to the public sector.

3.5.d
Packet Pg. 133 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 19
Proposed Changes to Contract Template
CPS HR’s Contracts Manager has reviewed the contract and insurance agreement information included in the RFP. We can accept the terms and conditions set forth in it with two minor notations in which we respectfully request and hope the City is amenable to discussion of this language during contract negotiations.

1. CPS HR does not own any autos.

2. Our self-insured retention is $50,000.

We thank you for your consideration of our proposal. We are committed to providing high quality and expert solutions and look forward to partnering with the City of East Palo Alto in this important endeavor.

3.5.d
Packet Pg. 134 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 20
Appendix A: Sample Brochure

3.5.d
Packet Pg. 135 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 21

3.5.d
Packet Pg. 136 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 22

3.5.d
Packet Pg. 137 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 23

3.5.d
Packet Pg. 138 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Proposal to the City of East Palo Alto
Executive Recruitment Services for Police Chief
Page | 24

3.5.d
Packet Pg. 139 Attachment: CPS HR Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Submittal date: January 20, 2022
Submitted by:

Koff & Associates
2835 Seventh Street
Berkeley, CA 94710
Frank Rojas
Recruitment Manager
[email protected]
510.495.0448

EXECUTIVE RECRUITMENT SERVICES

CHIEF OF POLICE

CITY OF EAST PALO ALTO

3.5.e
Packet Pg. 140 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
January 20, 2022
Patrick Heisinger
City of East Palo Alto
Attn: City Clerk
2415 University Avenue
East Palo Alto, CA 94303
Dear Mr. Heisinger,
Thank you for the opportunity to submit our proposal to assist the City of East Palo Alto with Executive Recruitment services. We are excited about the possibility of developing this partnership and supporting the City with the search for its next Chief of Police. Koff & Associates (K&A) Recruiting, a Gallagher company, is uniquely qualified based on over 37 years of assisting public agencies with finding and placing candidates dedicated to public service.

Our unique selling proposition lies in K&A Recruiting’s experience supporting public sector clients in California and throughout the USA. Through our investment in modern recruitment technology, we offer forward-thinking services that not only provide advanced extensive sourcing and outreach but allow us to tell the story of each project through easy-to-understand data.

Conducting countless executive search efforts has made K&A Recruiting an expert in identifying, targeting, recruiting, and successfully placing women and minority candidates in many of our recruitments. Diversity recruiting is an area of focus, and our firm has a vast pool of resources at our fingertips to provide outreach on an industry-wide basis to the public and private sector for qualified candidates nationwide. We pride ourselves on transparency, flexibility, and quality work.

As K&A’s Recruitment Manager, I will be the Project Manager for all recruitment efforts with K&A Recruiting’s support team. You can reach me at (510) 495-0448 or [email protected].

Sincerely,
Frank Rojas
Recruitment Manager

3.5.e
Packet Pg. 141 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) 2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | KoffAssociates.com Table of Contents
Technical Proposal
 Business Information 1
 Experience and Qualifications 1
 References 2
 Project Approach / Proposed Methodology 3
Additional Information
 Recent Successful Recruitments 7
 Project Team 9
Other: Professional Services Agreement Acknowledgement 11 Signature Page 13
Attachment: Sample Brochure

3.5.e
Packet Pg. 142 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
1 TECHNICAL PROPOSAL

BUSINESS INFORMATION
Koff & Associates (“K&A”) is a full spectrum, public-sector human resources and recruiting services firm founded by Gail Koff in 1984 and has been assisting cities, counties, special districts, other public agencies, and non-profit organizations.

As of April 30, 2021, we merged with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western US Region. GALLAGHER BENEFIT SERVICES, INC. is our legal name. It is a Delaware company, and the FEIN is 36-4291971.

EXPERIENCE AND QUALIFICATIONS
With 37 years of HR experience, K&A Recruiting knows public sector employment inside and out. We are familiar with public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. Our team is ready to support you at any level you wish – providing sourcing expertise, fullcycle recruitment at the start of your search through the start date of your newest employee, and everything in between.

Our long list of clients indicates our firm’s reputation as a quality organization that produces comprehensive, sound, and cost-effective results. K&A Recruiting is “hands on” and responsive with the ability and expertise to identify the ideal candidate(s) for the City of East Palo Alto.

K&A Recruiting uses its vast network to leverage recommendations and referrals of past clients in combination with modern sourcing techniques and technology to build the best candidate pools in the market. We are a team of true recruiters with over 60 years of combined experience. Our work speaks for itself, and our primary goal is to provide professional and technical consulting assistance with integrity, honesty, and a commitment to excellence.

K&A Recruiting provides personal attention to and creates long-term relationships with our clients. Because we care about and understand your organization’s people, culture, leadership, and unique needs, we identify highly qualified candidates to support your goals.

We build enduring
relationships
We source top talent reflective of the communities you serve. With our focus on inclusion, networking and partnering with minority-based associations, utilizing bias-reducing tools, and drawing from our own employees’ certification training, we are leaders in public sector Diversity and Inclusion.

We value strength in
diversity
K&A Recruiting uses advanced programs and unique sourcing methods to identify candidates which traditional recruiting strategies might have missed.

We continuously gather and analyze important data points and are always looking ahead at how we can use information technology to better serve you.

We leverage innovative
search technology

3.5.e
Packet Pg. 143 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
2 REFERENCES
We are proud of our past recruitment work with clients to successfully place candidates to meet their organization’s needs.

Recruitment & Agency Contact
Oxnard, City of
Public Works Director, 2021
Asst. Public Works Director (2), current
Controller, current
Civil/Traffic Engineers, current
Lisa Baker
Assistant Director, Human Resources
805.385.7596
[email protected]
4300 W. Third Street
Oxnard, CA 93030
San Bernardino, City of
Director of Community & Economic Development, current
Chief of Police, current
Director of Human Resources, 2021
Edelia Eveland
Assistant City Manager
909.384.5262
[email protected]
290 North ‘D’ Street
San Bernardino, CA 92401
City of Salinas, CA
Chief of Police, 2021
Finance Director, 2021
Assistant Finance Director, 2021
Marina Horta-Gallegos
Human Resources Director
831-758-7417
[email protected]
200 Lincoln Avenue,
San Diego, CA 92105
Berkeley, City of
Manager of Engineering, 2021
Paul Buddenhagen, Deputy City Manager
Liam Garland, Public Works Director
510.981.7014
[email protected]
510.981.6303
[email protected]
2180 Milvia St
Berkeley, CA 94704

3.5.e
Packet Pg. 144 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
3 PROJECT APPROACH/PROPOSED METHODOLOGY
Our philosophy ensures thorough, thoughtful, and strategic sourcing, evaluation, selection, and vetting of candidates. We reach out directly to potential candidates, referral sources, professional associations, and user groups, etc. by using business media, outreach emails, general advertising, and most importantly picking up the phone and actively calling passive applicants. This strategy also includes focused advertising on websites and in publications specific to women and minority candidates.

K&A Recruiting will provide weekly progress reports to the City Council and HR staff and participate in conference calls and onsite meetings as requested.

We are responsible for ensuring compliance, adhering to, and maintaining all legally mandated documentation throughout the process.

Step 1: Ideal
Candidate Profile
Step 2: Five
Week Window of
Application and
Sourcing
Step 3:

Recommendation
of Candidates
Step 4: Interview
Facilitation
Step 5:

Background,
References, and
Offer

3.5.e
Packet Pg. 145 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
4 Step 1: Ideal Candidate Profile
Developing the profile for the ideal job candidate for the position is crucial for a successful search process.

We will coordinate with the City Council and HR staff in identifying and developing:
 The various organizational needs, vision, mission, goals, strengths, challenges, opportunities, and culture of the organization;
 Position competency requirements, i.e., knowledge, skills, and abilities;  Personal and professional attributes required of and priorities for the new incumbent;  Type of working relationship senior leadership desire with the new incumbent;  Advertising strategies in conjunction with a national and/or regional outreach campaign;  Compensation levels; and
 Schedule of deliverables from K&A Recruiting.

After meeting(s) with the City Council and HR staff, there will be a consensus of the key qualifications and characteristics of the position and the process, action plan, and timetable to be utilized for the recruitment process.

Brochure Design & Posting
Following the development of the candidate profile, an eye-catching recruitment brochure will be professionally produced in coordination with the City Council and HR staff’s feedback. The brochure will highlight the strengths of the City of East Palo Alto and the surrounding community. The brochure will feature the organizational structure and services of the City, its mission and goals, pertinent facts regarding the position, and necessary and desirable candidate qualifications.

Step 2: Five Week Window of Application & Sourcing
K&A Recruiting can, at the request of the City, facilitate community surveys or community outreach forums to encourage feedback from residents. A report of resident comments will be provided to the City Council and HR staff prior to first-round interviews.

Our effort will include a variety of activities designed to build the best available candidate pool. Our techniques and methodologies allow us to source from extensive pools of potential candidates and referral sources.

In coordination with the City Council and HR staff, K&A Recruiting will:
 Identify prospects;
 Provide each potential candidate with access to the recruitment brochure;  Capture interested candidates in our recruitment project database; and  Provide representative data to the City Council and HR staff, including candidate documents, interview notes, and an outline of the recruitment process.

3.5.e
Packet Pg. 146 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
5 Step 3: Recommendation of Candidates
K&A Recruiting will provide the City Council and HR staff with a report of the leading candidates to further narrow the pool to the most highly qualified and establish the best organizational fit of each potential finalist.

This screening process is specifically designed to assess the personal and professional attributes the City Council and HR staff has identified and will focus on each candidate’s ability, technical competency, and fit with the City’s values, culture, and needs. Our assessment will consist of:
 Experience and qualifications;
 Cultural fit based on our understanding of essential intangibles;  Clarity of any issues identified in the submitted documents;  Reasons for position interest,
 The level of commitment to the position and the organization; and  Other issues, including salary requirements.

Step 4: Interview Facilitation
We will advise and develop interviewing strategies and a menu of questions that will help analyze candidates’ qualifications and management/work styles. We will facilitate all necessary communications with the Hiring Authority and candidates to ensure everyone is well prepared.

Interview questions will elicit information about each candidate’s technical skill set, experience, leadership skills, adaptability, political astuteness, self-awareness, and other important aspects of the ideal candidate profile.

Questions, evaluation tools, and additional materials will be assembled in intuitive and user-friendly interview packets. We will use evaluation criteria agreed to by the City Council and HR staff.

The Project Manager will coordinate interviews, interview schedules, and finalize the process. We will provide oversight during the panel interview process and facilitate a focused discussion with the HR staff at the beginning and conclusion of the interviews to identify the most qualified candidate(s) for final interviews.

Step 5: Background, References, and Offer
K&A Recruiting provides a thorough and quality reference and background check process for our clients. We start by calling candidates’ employment and professional references and having an in-depth discussion, covering their strongest business characteristics, work style, interpersonal skills, and position-specific knowledge. All references will be documented and presented in a concise, user-friendly manner.

Background checks are conducted in coordination with a third-party firm to verify educational degrees and employment records and confirm clear driving records, criminal records, and financial history/credit. Reports can be tailored to clients’ needs upon request. Safety for clients and their communities is our priority, so rest assured that we, as well as our background contract firm, meet or exceed relevant reporting requirements.

K&A Recruiting can facilitate and lead the negotiations of the final terms and conditions of employment, such as the compensation package, benefits, and other perquisites (perks). We will notify all candidates not selected as finalists for the position.

3.5.e
Packet Pg. 147 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
6 Project Schedule
The following is a typical schedule for conducting recruitment efforts. Search efforts for executive recruitments generally take twelve to fourteen (12-14) weeks to complete, allowing enough time for all steps of the process and client schedules.

Weeks 2 4 6 8 10 12 14
Step 1
Step 2
Step 3
Step 4
Step 5

3.5.e
Packet Pg. 148 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
7 ADDITONAL INFORMATION

RECENT SUCCESSFUL RECRUITMENTS
The following is a partial list of recent executive recruitments conducted by Frank Rojas (some while at a previous firm):

Agency Title Year Completed
City of Oxnard
Public Works Director, Asst. Public Works Director (2), Chief Financial Officer, Purchasing Manager, Controller, Communications & Marketing Manager, Assistant City Attorney, Civil/Traffic Engineers Current/2021-2017
City of Woodland Park Chief of Police Current
County of San Mateo
Transportation
Authority/District
Deputy Director, Transportation Authority;
Executive Officer for Civil Rights, Employee & Labor
Relations, and Human Resources; District Surveyor
Current/2021
San Mateo County
Transit District
Executive Officer Civil Rights, Employee & Labor Relations and Human Resources; Deputy Director TA; District Surveyor; HR Manager
Current/2021
City of San Bernardino
Director of Community & Economic Development,
Chief of Police, Director of Human Resources,
Director of Animal Services, Finance Director
Current/2021/2020
City of Salinas Chief of Police, City Manager, Finance Director, Assistant Finance Director 2021
City of Berkeley
Manager of Engineering, Operations Manager (2),
Public Works Director, Asst. City Attorney, Health
Housing & Community Services Director 2021/2020
Humboldt Waste
Management Authority Executive Director 2021
City of Chico Public Works Director 2021
Tahoe Regional Planning
Agency Director of Human Resources & Organizational Development 2021 East Bay Regional Park
District Chief Information Officer 2022
County of Santa Clara Planning Services Manager/Deputy Director 2021 First 5 Alameda County Human Resources Director 2021
City of San Diego Director of Transportation 2021
City of Glendale City Manager 2021
County of Riverside County Executive Officer 2021
City of Carson Public Works Director, Community Services Director, City Manager 2021/2020/2019

3.5.e
Packet Pg. 149 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
8 City of Colton Public Works & Utility Services Director 2021 City of Redlands Director of Municipal Utilities & Engineering, Fire Chief 2021/2020 City of Ontario Economic Development Director 2021
County of Orange Social
Services Agency Division Director (3), Deputy Director 2021/2020/2019 County of Tulare Director of Human Resources & Development, Director of Information & Communications Technology 2021/2020
City of Millbrae Director of Finance, Community Development Director 2020 City of Avondale Development & Engineering Services Director, Economic Development Director 2020/2019
City of Redlands Fire Chief, Director of Municipal Utilities & Engineering 2020 City of Shafter City Manager 2020
City of Ontario
Municipal Utilities Assistant General Manager 2020
City of Bell Director of Community Development 2020
City of Los Angeles Human Resource & Payroll Project Manager (ERP implementation) 2020 County of San
Bernardino
Public Works Director, Human Resources Director, Assistant HR Director, Director of Land Use Services, Regional Parks Director 2020/2019/2018 Orange County LAFCO Assistant Executive Officer 2020
LA Metro Chief Ethics Officer 2020
Orange County Fire
Authority Purchasing Manager, Fleet Manager, Human Resource Director 2020/2017 City of Banning Director of Administrative Services, Director of Parks and Recreation 2019 City of Santa Ana City Manager, Parks & Recreation Director 2019 City of Bell Gardens City Manager 2019
City of Anaheim Deputy Planning Director, Engineering Manager, Buyer 2020/2018/2016 City of Garden Grove Finance Director, City Manager 2019/2016 Desert Healthcare
District Chief Executive Officer 2019
City of San Marino City Manager 2018
County of San Luis
Obispo County Administrative Officer 2018
County of Imperial County Executive Officer 2018
City of Avalon City Manager 2018

3.5.e
Packet Pg. 150 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
9 PROJECT TEAM
Frank Rojas
Recruitment Manager
Frank brings more than thirty (35) years of recruiting experience from the highly competitive direct placement and contracts labor industries and the corporate environment. He has significant experience placing corporate leaders, executive, professional, and technical staff, including individual contributors for the government sector, non-profits, aerospace, architectural and engineering, information technology, petroleum and chemical, energy, power, civil/structural, transportation, and private industry.

Frank began his career in Contract Labor. Over the next 30+ years, he launched seven start-up offices in several states and locations, providing direct placement and contract support to hundreds of clients in virtually all industries and levels of talent. He continued his career in the non-profit environment, managing and building talent acquisition support during significant growth periods. Having been a speaker at several networking and career coaching venues, Frank believes in utilizing traditional recruiting methodology with social media.

In addition to recently completing recruitments for the City of Salinas, City of Berkeley, City of San Diego, City of Oxnard, and First 5 Alameda County, recent successful efforts include positions of Finance Director, County Executive Officer, Director of Human Resources & Development, City Manager, Director of Transportation, Chief Ethics Officer, and Director-level hires for Information Technology, Social Services, Public Works, Economic Development, Community Services, Animal Services, and Division/Site General Managers.

Frank has been named in the top 1% viewed profiles on LinkedIn and has established a strong client and customer base through trust, effective recruiting, relationship building, and teamwork.

Deborah Caruso
Executive Recruiter
Deborah’s professional experience includes over thirty years in the public sector. With over 20 years specifically in Human Resources, most recently serving as the Assistant General Manager and Director of Human Resources at City and County public sector agencies.

She has extensive experience in executive recruiting, organizational development and strategy, and employee and labor relations.

Deborah earned her B.S. degree in Behavioral Sciences with a concentration in Ethnic Studies; her Masters’ degree in Leadership and Management; and Doctorate in Organization Leadership from the University of La Verne. She also holds the Senior Certified Professional certifications from IPMA-HR and SHRM. She serves as an adjunct professor for the University of La Verne and teaches Human Resources courses.

3.5.e
Packet Pg. 151 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
10 Recruiting Process During Covid-19 Crisis
We will work to counterbalance market forces and build a pipeline of potential candidates through strong marketing and branding efforts, including videos, job postings, and a social media campaign. Our ongoing communication with candidates helps with reputation and keeps them engaged; so, when there is an opportunity that matches their background, we reduce the time-to-hire. As always, communication is key.

Candidates who experience a warm, communicative recruitment experience are more likely to maintain their interest and are more likely to feel welcomed into the organization. The recruitment experience is the first impression your employee receives and is a crucial factor in employee engagement and tenure.

We have embraced the virtual interview. The push into virtual technologies due to the pandemic was generally new for many public agencies. Our crystal ball tells us that virtual interviewing is not going away regardless of how the public sector world evolves going forward beyond the pandemic. Although virtual interviewing may have become necessary during this crisis, it is not a temporary strategy that should fall to the wayside; how we communicate in virtual interviews is essential and will continue to be as we move forward.

To conduct an effective virtual interview, simple steps can be taken to ensure a predictable and high-quality process. We will be clear on exactly how the interview process will go and what candidates should expect. We are savvy at navigating the technology and can help with technical challenges on the fly. Coaching panel members to maintain a professional demeanor during virtual interviews and eliminate smartphone or other competing screen distractions, just as you would in person, can also help the process.

K&A Recruiting Organizational Diversity Statement
This statement reaffirms our commitment to affirmative action efforts and providing equal employment opportunities to all employees and applicants for employment in accordance with equal opportunity and affirmative action laws.

We affirm our personal and official support of these policies, which provide that K&A Recruiting is committed to implementing the affirmative action policies, programs, and procedures included in this plan to ensure that employment practices are free from discrimination. Employment practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. We will provide reasonable accommodation to applicants and employees with disabilities.

3.5.e
Packet Pg. 152 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
11 OTHER: PROFESSIONAL SERVICES AGREEMENT ACKNOWLEDGEMENT We will be pleased to sign the City’s professional services agreement for recruitment services, however we respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City’s flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.

The following are terms we would like to review with the City if we are fortunate to be selected for this project:
 Section 6 (b) (PDF page 12) and Section 5 (PDF 16) - Indemnification should be limited to grossly negligent acts and omissions, breaches of the contract, intentional misconduct, or violations of law.  Section 6 (b) (PDF page 12) and Section 5 (PDF 16) – We require limitation of liability of fees paid to be added to the indemnification provision.
 Section 19 (PDF page 20) - These sections should make clear that Gallagher will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of City was used to create and which was developed entirely using Gallagher’s own resources. To the extent Gallagher’s intellectual property is necessary for City to use the services provided, Gallagher will grant to City a non-exclusive, royalty-free license to Gallagher’s intellectual property solely for City use of such services.
 Section 5 (PDF page 25) - This section needs modified so that no prior written approval of personnel is required from the City. We are happy to provide notice of substitutions after they occur, and we can agree to a reasonable time period to provide such notice and will use good faith efforts to ensure that the City is satisfied with any replacement personnel assigned.
 Section 5 (PDF page 27) - We cannot agree to permit City to audit for 3 years after the agreement ends. The City can audit during the agreement.

3.5.e
Packet Pg. 153 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
12 INSURANCE ACKNOWLEDGEMENT
Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
 Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence;
 Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease.

Insurer will be licensed to do business in the state in which the work takes place;  Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage;  Umbrella Liability insurance providing excess coverage over all limits and coverages with a limit no less than $10,000,000 per occurrence or in the aggregate;
 Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate;  Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
 Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.

All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI and licensed to do business in the state of operation. Any cancelled or non-renewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to City upon request.

3.5.e
Packet Pg. 154 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

RECRUITMENT SERVICES FOR CITY OF EAST PALO ALTO
13 SIGNATURE PAGE
We thank you for your consideration of our proposal. We are committed to providing high-quality service and investing in a long-term partnership.

This proposal is valid for ninety (90) days.

Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Frank Rojas Date: January 20, 2022
Recruitment Manager

3.5.e
Packet Pg. 155 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Chief
of Police

3.5.e
Packet Pg. 156 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

THE COMMUNITY
Located in beautiful Monterey County, California, the City of Salinas is a vibrant and diverse community. It is the largest of the twelve cities in Monterey County with a population of 155,205, making it the 34th largest city in California. It is also the County seat. Just an hour from the heart of the Silicon Valley, the nation’s high tech industry and eight miles from the Pacific Ocean on California’s Central Coast, Salinas is a key asset in today’s global economy.

The region boasts spectacular scenery from the breathtaking Gabilan and Santa Lucia mountains to the valleys and the beauty of the sun, sand, and soil.  Salinas is known as the “Salad Bowl of the World” for its large, vibrant agriculture industry and serves as the region’s leading business, governmental and industrial center. With an approximate 79% Hispanic population and a median age of 30.5, the City is rich in diversity, allowing for various cultural family activities such as El Grito Festival and Salinas Asian Festival and world-class annual events such as the California Rodeo Salinas, California International Airshow, and the Forbes Ag Tech Summit. There are also world-renowned amenities right next door, including the Pebble Beach Golf Resort and the Monterey Bay Aquarium and Cannery Row. Salinas is home to Hartnell, a robust community college, and just minutes from both Cal State Monterey Bay and the Defense Language Institute Foreign Language Center. Salinas is the birthplace of author John Steinbeck who set his novels East of Eden and Of Mice and Men in the Salinas Valley. The City is also home to a wealth of cultural and historic assets, including the California Welcome Center/ Regional Heritage Center and National Steinbeck Center – the only museum in the country devoted to a single author, along with Steinbeck’s family home.

Although agriculture forms the economic base, more than 100 manufacturing, financial, and medical-related firms call Salinas home. Salinas has a global reputation as an agriculture and innovation hub; it is a source for agricultural research and resources and continues to develop the latest technology and advancements. Some of the largest employers in the City include the County of Monterey, Taylor Farms, D’Arrigo Bros, and Salinas Valley Memorial Hospital.

Visitors can also explore the nearby Monterey Peninsula: the historic missions of San Juan Bautista, Soledad, Carmel, and San Antonio de Padua, the world-class wineries of South Monterey County, and the beauty of nearby beaches and Pinnacles National Monument, and the Fort Ord National Monument.

CITY GOVERNMENT
The City of Salinas was incorporated in 1874 and became a Charter City in 1903. The City operates under a City
Council- Manager form of government. The sevenmember City Council includes six members elected by district to serve four-year staggered terms on a non-partisan basis, plus the Mayor who is elected at-large and serves a two-year term. The City employs 525 full-time staff with 184 additional temporary employees. The total operating budget is $202 million. The City Manager leads and directs eight departments: Administration, Community Development, Finance, Fire, Human Resources,
Library and Community Services, Public Works, and Police Service of Salinas. The City Attorney oversees the City’s Legal Department.

DEPARTMENT MISSION STATEMENT
Working in partnership with the people of Salinas
to enhance the quality of life through the delivery of
professional, superior, and compassionate police services to the community.

THE DEPARTMENT
I
n 2020, the Police Department moved to its new and
much needed headquarters now located in the Alisal. The department also changed its name to Police Service of Salinas to reflect who the department is and what they do.

Through transparency, accountability, openness to community input, and a Community Oriented Policing approach, the
department works to achieve public trust and confidence. In 2016, the City collaborated with the Department of Justice for an in-depth review of the Police Service of Salinas, focusing on improving the department’s responsiveness and accountability to the community. The review resulted in 110 recommendations.

As of December 31, 2020, the department had completed 97% of the recommendations. In 2019, the Department received the James Q. Wilson Award for excellence in community policing from the Community Policing Institute of California. In 2021, the Monterey Civil Grand Jury reported its findings of their investigation into the Collaborative Reform Initiative report and the department’s transition from traditional policing to community policing and concluded, “Today, the SPD is an example of community policing at its best….”

3.5.e
Packet Pg. 157 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) The department has an authorized workforce of 163 sworn personnel and 46 non-sworn staff working in Administration, Field Operations, and Investigations. The Police Service of Salinas is largely funded by the General Fund, Measure G and Measure V with an operating budget of approximately $53M in FY 2021-22.

The members of the Police Service of Salinas are committed to creating a safer community for all residents of Salinas through work processes and programs such as the Strategic Information Exchange and Response (STIER), Integrating Communications, Assessment, and Tactics (ICAT), new software/processes
to monitor field training, Crisis Intervention Training, and Community Oriented Policing, in addition to the department’s voluntary participation in the Commission on Accreditation for Law Enforcement Agencies (CALEA) process currently in progress.

All Police employees are held to the highest standards of professional conduct. Police employees serve as role models to the youth in the community by investing in youth programs and activities. The Police Service of Salinas continues its engagement in prevention and intervention efforts and building relationships in the community, working closely with service providers including government, education, nonprofits, and communitybased organizations and residents. In 2019, the Police Service of Salinas received national and international recognition for the Charro Uniform Program created by the Police Service of Salinas and the Police Foundation, a program developed to unite the community during the annual California Rodeo event recognizing the culture and history of Salinas’ Mexican heritage.

THE POSITION
Under the general direction of the City Manager, the Chief of Police is an at-will position that plans, coordinates, supervises, and administers the department’s activities in law enforcement and crime prevention; and provides highly responsible and technical staff assistance to the City Manager and City Council.
➤ Directs and participates in the development of goals, objectives, policies, and priorities
➤ Plans, directs, supervises, and coordinates the activities of Police Service of Salinas personnel in preserving order, protecting life and property, and enforcing laws and municipal ordinances
➤ Researches modern police management methods, formulates and enforces rules, procedures, and policies for efficient training and operation of the department
➤ Maintains departmental awareness of state-of-the-art
developments and trends in management, technology,
communications in the field of Law Enforcement
➤ Reviews the evaluations of employee performance and takes appropriate action as necessary
➤ Responsible for the preparation and administration of the Department’s budget, maintaining appropriate budgetary
controls
➤ Confers with residents and City officials on law enforcement problems and assists in the development of innovative
municipal law enforcement policies
➤ Forges effective professional relationships with other public safety officials; builds and maintains positive working relationships with other departments, co-workers, community groups, and the public
➤ Cultivates positive community relations by interacting with civic and community groups

THE IDEAL CANDIDATE
The ideal candidate will have a broad and varied
professional background that demonstrates success
in working with a diverse community while leading a
professional law enforcement agency effectively engaged in proactive community policing. The successful candidate will be dynamic, open-minded, have excellent communication
and interpersonal skills necessary to build positive working relationships and partnerships at all levels within the department, with other City departments and the entire community. The Chief will provide consistent communication and outreach to the Salinas community, promote community problem solving, involve residents in fighting crime and establish successful relationships with community organizations. The new Chief of Police will exemplify integrity and professionalism, while promoting serviceoriented policing, engagement and partnerships throughout all levels of the department. The ability to lead by example, be a team player and instill accountability while treating employees and the community equitably and with respect will be essential to success. Successful candidates will be open to input, serve as an advocate for the department while balancing the needs of stakeholders, have a collaborative problem-solving approach and embrace workforce diversity and inclusion.

3.5.e
Packet Pg. 158 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments) Professional Characteristics
➤ Expert Communicator – Communicates clearly and concisely, both orally and in writing
➤ Strategic Administrator – Plans, directs, and coordinates the work of the Police Service of Salinas to meet short-term public safety objectives in concert with the department’s multi-year Strategic Plan priorities
➤ Steadfast Leader – Develops and administers sound
Departmental policies, making decisions in accordance with laws, regulations, and City/Department policies
➤ Inclusive Recruiter – Attracts and retains a diverse staff of sworn and civilian staff enriched by the cultural diversity which sets Salinas apart
➤ Respected Mentor – Identifies and develops talented
subordinates to assume increasing levels of responsibility in service to the community
➤ Skilled Supervisor – Delegates, while monitoring
performance. Holds all subordinates accountable in a timely manner and imposes discipline when appropriate
➤ Collaborator & Bridge Builder – Promotes community unity and forges effective working relationships
➤ Facilitator – Works constructively with all internal and external stakeholders, including command staff and labor organizations ➤ Enterpriser – Takes initiative to continue the Department’s progress in the area of community-oriented policing while finalizing and implementing the Department’s Strategic Plan ➤ Equitable Leader – Leads by clear example, to ensure that officers value the richness of Salinas’ ethnic diversity and interacts with all community members in an unbiased manner ➤ Proactive Chief of Police – Invests in the City’s future by reducing gang/youth problems through meaningful
intervention strategies
➤ Visionary – Leads to achieve the City’s long-term vision for the Police Service of Salinas

MINIMUM QUALIFICATIONS
➤ Bachelor’s degree from an accredited college or university with major course work in Administration of Justice, Criminology, Public Administration, or a closely related field
➤ Eight (8) years of progressively responsible experience in law enforcement, including three years at the command level (such as Police Captain/Lieutenant/Commander) or above
➤ Possession of a Peace Officer Standards and Training (POST) Management Certificate
➤ Bilingual, highly desirable

COMPENSATION AND BENEFITS
The salary range for the Chief of Police is $177,480 -
$215,736.
(2.25% increase to base salary effective in the first full pay period of January 2022)
The City offers an attractive benefits package which includes:
➤ CalPERS Retirement Plan – The City participates in the California Public Employees’ Retirement System (CalPERS) under a 3% @ 55 formula for Classic members. New members, as defined by the Public Employees’ Pension Reform Act
(PEPRA), are under a 2.7% @ 57 formula
➤ 457/401(a) Compensation – City-paid contribution based on months of service with the City
➤ Health Insurance – The City currently pays 95% of the premium for the level of coverage the employee has selected, up to 95% of the PERS Choice Plan premium. The City pays the full amount of premiums for dental and vision plans
➤ Holidays – 12 per year
➤ Annual Leave – May be used for vacation and/or sick leave.

Leave is accrued at a rate of 37 eight-hour days per year for the first five years, 42 days per year for years six through 10, with an additional longevity increase in annual leave after 10 years of employment
➤ Life Insurance – Term life insurance in the amount of $150,000 ➤ Bilingual Pay – $75 per pay period if Spanish is used in the course of their job duties (subject to passing a Cityadministered bilingual exam and administrative approval) ➤ Auto – City assigned vehicle or $750 per month auto
allowance
➤ Uniform Allowance – City pays six hundred fifty ($650) per calendar year for uniform replacement and maintenance

APPLICATION PROCESS AND

RECRUITMENT SCHEDULE
The final filing date is Monday, September 13, 2021.

To be considered, please submit a resume, cover letter, and five work-related references (who will not be contacted in the early stages of the recruitment) to:
https://koffassociates.com/police-chief/
Resumes should reflect the years and months of the positions held and the size of the past organization(s).

For additional information, please contact:

Frank Rojas
Phone (510) 495-0448
[email protected]
or
Rachael Danke
Phone (510) 345-4280
[email protected]
Website: https://koffassociates.com/
Resumes will be screened based on the criteria outlined in this brochure. Candidates with the most relevant qualifications will be given preliminary interviews by the consultant. Koff & Associates will report the results to the City. The City will then select candidates to participate in City interviews. Extensive reference and background checks will be completed on the selected candidate.

3.5.e
Packet Pg. 159 Attachment: Koff & Assoc Police Chief Rec Proposal (2082 : Selection of Recruitment Firm Police Chief & Further Recrutiments)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: James Colin, Executive Assistant
Batool Zaro, Assistant Civil Engineer
SUBJECT: Waste Process Outreach
Recommendation
Batool Zaro, EIT, Assistant Civil Engineer will provide a presentation regarding Waste Process Outreach.

6.1 Packet Pg. 160

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: Amy Chen, Community & Economic Development Director SUBJECT: Ravenswood Business District Specific Plan – Housing Locations and CEQA Scenarios
Recommendation
That the City Council:

1. Provide direction on the total number of housing units for the two CEQA study scenarios

2. Confirm additional locations where housing will be allowed in the amended Specific Plan= Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 2: Enhance Economic Vitality
Priority No. 6: Create a Healthy and Safe Community
Background
On November 18, 2021, the City Council hosted a Study Session1 on the Ravenswood Business District / 4 Corners Specific Plan Update Project. City Council provided direction on the growth scenarios to be studied under California Environmental Quality Act (CEQA) for the Specific Plan Update and the additional requirements needed to accompany any increase in development capacity for the RBD/4 Corners area. Council determined it was best to study the following scenarios:
• Scenario 1: 2.82 million s.f. of office and R&D uses. • Scenario 2: 3.35 million s.f. of office and R&D uses.

Additionally, Council also accepted staff’s recommendations:
• Recommendation 2: Continue Community Engagement on the Scenarios • Recommendation 3: Select Housing Scenarios and Study Locations • Recommendation 4: Explore Additional Plan Concepts and Strategies 1 11/18/21 Council Study Session: http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1432

9.1 Packet Pg. 161
The purpose of this staff report is to follow up on Recommendation #3, related to the amount and location of housing in the Plan area. The report addresses the following questions that were asked during the November 18, 2021 study session:

1. Where should housing be allowed in the Specific Plan Area (where it currently is not)?

2. How many total housing units should be studied under CEQA corresponding to the two study scenarios? Scenario 1 (2.82 MSF) and Scenario 2 (3.35 MSF) Table 1: CEQA Study Scenarios
Base Scenario Scenario 1 Scenario 2
Office/R&D s.f 1,420,000 2,820,000 3,335,000
Light Industrial 175,000 250,000 300,000
Retail 112,000 112,000 112,000
Community/Civic 60,000 90,000 120,000
Housing 835 ? ?
Analysis
Estimate of Potential Housing Capacity in RBD
Raimi + Associates developed realistic estimates (with a low and a high) for the total amount of housing units that the City can expect to be developed in the RBD Specific Plan area, distinguishing between units that would be built in zones where residential is currently allowed and units that would be built on sites where housing would be allowed in the amended Plan.

The methodology is described below.

Figure 1: Methodology for Realistic Estimation
Minor Pipeline Projects
Three smaller residential projects are presently in various stages of processing and/or entitlement:

Currently
Allowed Zones
Additional
Sites
Pipeline
Projects
Low and High
Realistic
Scenarios
Identify the
pipeline projects
(entitled/in
process)
Calculate realistic
potential for new
units in Specific
Plan zones where
residential use is
currently allowed.

Identify new
sites to allow
residential and
generate unit
estimates on
suitable sites
Develop low +
high scenarios
for total new
housing units

9.1 Packet Pg. 162
• 965 Weeks Rd (136 units, 100% affordable)
• 1201 Runnymede St (32 units, condominiums)
• 1804 Bay Rd (66 units, mixed-use)
These three projects are assumed to be built during the Plan timeframe, and account for a total of 234 new housing units.

Major Projects
As previously discussed, there are four major proposed projects within the area. Three of these have proposed residential uses (though it is currently allowed only at one of these project sites), as shown on the image at right:
• 2020 Bay Road (no housing proposed)
• Four Corners (180 units, allowed)
• The Landing (95 units on adjacent site)
• EPA Waterfront (260 units on-site)
Together these projects have proposed a total of 535 units. (Note: this does not represent the maximum possible yield of housing from these parcels. The housing potential of these sites is analyzed further below.)
Figure 2: Minor Projects Figure 3: Major Projects

9.1 Packet Pg. 163
Table 2 below shows how the combination of minor and major pipeline projects would almost exhaust the entire capacity for housing in the Plan area under the adopted 2013 EIR.

Table 2: Current Housing Capacity
Units
Minor Pipeline 234
Major Proposed Projects 535
2013 EIR Study Number 835
Remaining Capacity 66
Allowed Zones - Methodology for Estimating Housing Capacity The analysis then focused on parcels where new housing is permitted currently. Singlefamily zones were not included in this analysis as no land use change is anticipated as a part of this Specific Plan update. To generate a realistic estimate for potential new units within the three zones where multifamily residential use is allowed (see Figure 5; 4 Corners, Bay Rd Central, & Urban Residential), R+A used the following approach:

1. Remove the three minor pipeline projects from the analysis under the assumption that these projects will be developed.

2. Select “change parcels” (those with reasonable potential to become housing in the mid-term – shown in Figure 4 below):
a) All ‘vacant’ sites which currently allow housing are assumed to redevelop with housing.
b) Half (50%) of ‘redevelopment’ sites - sites with existing uses that are older or significantly underdeveloped compared to the maximum development potential - redevelop with housing (i.e., half of the total potential capacity is built)

3. Calculate unit capacity. This is calculated by multiplying the total acres of change parcels times the maximum allowed density under current Plan zoning with the following additional assumptions:
a) Assume all change parcels build to 90% of maximum density. b) Apply State Density bonus for affordable housing (Base density + 35%); City’s inclusionary ordinance means all projects qualify for bonus (i.e. 40 DUA + bonus = 53 DUA, 50 DUA + bonus = 67 DUA)

9.1 Packet Pg. 164
Figure 4: “Change Parcels” (Analysis of Likelihood of Change/Redevelopment) Going zone by zone in Figure 5, the potential for housing is as follows:
• Dark Red area: Four Corners zoned parcels (excluding proposed major project): up to 275 units
• Orange area: Bay Road Central zoned parcels: up to 350 units • Light Brown area: Urban Residential zoned parcels: up to 125 units Figure 5: Residential Allowed Zones
Generally speaking, vacant sites are far more likely to redevelop than sites with existing uses/tenants/businesses (such as challenges in meeting SB330 requirements). Separating out the potential housing generated by vacant sites from non-vacant sites provides a way to establish a realistic low and high-end estimate of future housing potential. Within the

9.1 Packet Pg. 165
existing zones, the potential for housing can be categorized as follows:

Table 3: Estimated Housing Capacity from Change Sites (excludes Pipeline) Estimated Units Capacity Low (Vacant) High (Vacant and
Non-Vacant)
Currently Allowed Zones
Four Corners zoned parcels 50 275
Bay Road Central zoned parcels 45 350
Urban Residential zoned parcels 105 125
Subtotal 200 750
Adding together pipeline, proposed projects, and change parcels generates overall estimates.

As mentioned above, the difference between the low and high estimate comes from differing assumptions about the density of major projects and the redevelopment of non-vacant parcels:
• The low-end estimate includes 1) pipeline projects, 2) the Four Corners site built at moderate residential density as proposed, and 3) housing built on all vacant parcels. • The high-end estimate includes 1) pipeline projects, 2) the Four Corners site built at higher residential density than proposed, 3) housing built on all vacant parcels, and 4) housing redeveloped on half of the identified change parcels with existing uses.

As the table shows, the total combined potential for new housing under current Specific Plan zoning ranges from ~625 to ~1,325.

Table 4: Estimated Housing Capacity from Allowed Zones Plus Pipeline Estimated Units Capacity Low End High End
Minor Pipeline
Three projects 234 234
Major Projects
Proposed Four Corners project 180 350
Currently Allowed Zones
Vacant Change Sites 200 200
Non-Vacant Change Sites 0 550
Subtotal 200 750
Total Potential from Allowed Zones ~625 ~1,325
Given that the low-end estimate of total new housing produced under existing zoning regulations might not even achieve the (presently adopted) target of 835 units, that housing proposals have been submitted in additional locations, and that the community has shown support for increasing the total amount of new housing, staff has provided recommendations below for locations where additional housing should be included in the Specific Plan update and studied under CEQA.

Potential Additional Locations
Several new sites in the Plan area were previously shown to Council for consideration to allow

9.1 Packet Pg. 166
housing (Figure 6 on the left). These are analyzed below as four separate potential locations (Figure 7 on the right, with proposed housing in dark orange):

Figure 6: Map from November CC Meeting Figure 7: Potential New Locations, Numbered
These four locations are as follows (see Attachment 1 for additional detail on each location):

1. Waterfront Site - This is part of the proposed Waterfront Development but currently does not allow housing

2. Demeter St. Industrial Sites – These sites contain a variety of smaller light industrial uses.

3. Pulgas Street East Sites – These parcels contain several vacant parcels and R.E.

Borrmann's Steel

4. South of Weeks Site – This is a vacant parcel that had a proposal for a school. (Note: Staff is not recommending that any new housing be allowed on sites with deed restrictions that prohibit or limit residential. Potential contamination or hazardous soils will be analyzed during CEQA to confirm residential can be built on all newly recommended sites with potential environmental impacts (#1 Waterfront and #3 Pulgas East).) If Council supports allowing housing in all four potential additional zones, the City can expect up to 825 housing units. If the Council supports housing in the new zones as recommended by staff, the City can expect up to 660 new units to be built in these additional areas (260 to 320 units on #1 Waterfront, 200 units on #3 Pulgas Ave East sites, and 80 to 140 units on #4 South of Weeks). See table 6 below for a summary of these estimated housing units:

9.1 Packet Pg. 167
Table 5: Estimated Housing Capacity from Additional Areas Additional Sites
Recommended
?
No
Change Low End High End Recommended Capacity
#1 Waterfront Y 0 260 320 260-320
#2 Demeter St N 0 90 120 0
#3 Pulgas Ave East Y (portion) 0 200 250 200
#4 South of Weeks Y 0 80 140 80-140
Total from Additional Sites 0 ~625 ~825 540 - 660
Summary of Total Housing Potential
Combining the pipeline, the allowed zones, and the additional areas produces an overall estimate of housing development for the RBD. R+A’s analysis identified three potential levels of housing: a “maximum theoretical” estimate (~2,500 units), a “realistic high end” estimate (~1,975 units), and a “realistic low end” estimate (~1,150 units). • A maximum theoretical buildout could only be achieved with completion of all pipeline projects, proposed projects at higher densities, and all vacant & non-vacant change parcels redeveloped with housing. It is not a realistic estimate given the plan timeframe, existing uses on the ground, and market conditions, and therefore this number is not utilized for planning.
• A “realistic high-end” estimate would be achieved with completion of all pipeline projects, proposed projects being built at higher densities than currently proposed, all vacant change parcels and half of non-vacant change parcels redeveloped with housing. This would result in around 1,975 units.
• A “realistic low-end” estimate would be achieved with pipeline projects, proposed projects at proposed densities, and only vacant change parcels redeveloped with housing (not sites with existing uses). This scenario produces ~1,150 units. To be more conservative, this scenario removes the redevelopment change parcels (as financial feasibility decreases, these sites become less and less likely to turn over and some face SB 330 requirements related to protecting existing low-income households).

9.1 Packet Pg. 168
Table 6: Summary of Realistic Potential from All Housing Sites Category Low End High End
Pipeline Projects
Three projects 234 234
Currently Allowed Zones
Vacant change parcels 200 200
Non-Vacant change parcels (redeveloped
parcels w/existing uses)
0 550
Four Corners site w/proposed major project 180 350
Subtotal ~625 ~1,325
Recommended New Zones
#1 Waterfront site w/proposed 260 320
#2 (Demeter Street, not recommended) - -
#3 Pulgas Ave East w/proposed, w/o library 200 200
#4 South of Weeks 80 140
Subtotal ~540 ~660
Total Realistic Potential 1,150 1,975
The midpoint between the low and high-end realistic scenarios is 1,600 units.

Note on Affordable Housing
The total potential for affordable units was calculated using the assumption that all housing projects meet the 20% inclusionary unit requirement per City Ordinance, except where it is known to be higher (e.g., 965 Weeks, 1103 Weeks, etc.), and results in the following estimated development of affordable housing:
• Approximately 425 affordable units created under the Low-End Scenario • Approximately 575 affordable units created under the High-End Scenario Staff Recommendations
Recommendation: Housing Locations
Question 1: Where should new housing be allowed in the Specific Plan Area? Staff recommends zoning should be modified in the following locations in the Specific Plan to allow housing:
• #1 Waterfront – the site is recommended for residential use, given the proximity to an existing residential area, the lack of deed restrictions on the parcel, and the housing proposal submitted to staff/City.
• #3 Pulgas Street East - it is recommended to allow both residential and non-residential uses (to remain in conformance with current zoning), but exclude parcels earmarked for the library relocation for residential uses.
• #4 South of Weeks – it is recommended to allow residential uses.

9.1 Packet Pg. 169
Staff further recommends that the Demeter Street sites not be changed to allow housing so as to protect existing light industrial businesses and employees from redevelopment into non-job producing uses.

Figure 8: Final Recommended Locations to Allow Housing
Recommendations: Housing Scenarios
Question 2: How much housing should be studied in Scenario 1 and Scenario 2? Housing Scenarios
Staff is recommending that the amount of housing vary between the two scenarios and that the total amount for each scenario is higher than the current adopted total of 835 units. Specifically, staff is recommending that:

For Scenario 2 (3,250,000 sf office/R&D): Study 1,600 units. Staff recommends the maximum amount of housing studied be increased to 1,600 units for the higher office/R&D scenario. As described above, 1,600 units represents a useful midpoint between the low-end and high-end realistic residential development estimates, providing a buffer between two extreme outcomes and serving as a median outcome.

Secondly, studying 1,600 units would essentially double (2x) the number of allowed housing units compared to the existing EIR which seems appropriate given that this 3 1
2 4

9.1 Packet Pg. 170
update is similarly analyzing roughly a 2x to 2.5x increase in the amount of office/R&D development allowed.

For Scenario 1 (2,820,000 sf office/R&D): Study 1,350 units. Staff further recommends that the amount of housing studied under the reduced office/R&D scenario be proportionally smaller, which calculates out to 1,350 units. This maintains the same proportional relationship between housing and office/R&D development, underscoring the concept that office/R&D will be used to help subsidize the production of housing (and especially affordable development) in the city.

Questions for Council
Question 1: Housing Locations
Do you support staff recommendation of allowing housing on the Waterfront site, the East Side of Pulgas Street, and the South of Weeks site, and not allowing housing on Demeter Street sites?
Question 2: Housing Scenarios
Do you support the EIR housing scenarios recommended by staff? • Scenario 2 (3,250,000 sf office / R&D + 1,600 units)
• Scenario 1 (2,820,000 sf office / R&D + 1,350 units)
Fiscal Impact
There are no fiscal impacts associated with the items discussed in this staff report. Any final decision made regarding the ultimate balance of residential and non-residential development in the Specific Plan area may have fiscal impacts to the City, to be discussed at that time.

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East Palo Alto.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

Attachments

1. Detail on Potential Housing Sites

9.1 Packet Pg. 171

EAST PALO ALTO

CITY COUNCIL
STAFF REPORT ATTACHMENT #1: HOUSING LOCATION DETAILS
Four potential locations to allow housing are under discussion:

1. Waterfront Site

2. Demeter St. Industrial Sites

3. Pulgas Street East Sites

4. South of Weeks Site
Site #1: Waterfront
This 12+ acre vacant parcel is located at the end of Demeter, Tara, and Purdue Streets. Due to the required BCDC setback buffer and planned open space, the site has approximately 7 acres of net developable land. This site has an existing proposal for housing (application submitted by owner).

Zoning Options Units
Waterfront Site
Maintain current industrial flex zoning 0
Low Estimate: Urban Residential zoning (3-4 stories, 40 DU/acre) ~260 High Estimate: Bay Road Central zoning (5 stories, 50 DU/acre) ~320 Recommendation: Allow residential only, maintain three-story maximum height within 200’ of University Village from current Plan.
*Study potential remediation/mitigation measures in CEQA.

9.1.a
Packet Pg. 172 Attachment: Detail on Potential Housing Sites (2087 : Ravenswood Business District Specific Plan – Housing Locations and CEQA Scenarios) Site #2: Demeter Street Industrial Sites
These nine parcels are located at the end of Demeter Street and add up to 5.7 total acres.

These sites were included in the preliminary map of potential housing sites, but do not have current residential applications (or known developer interest).

Zoning Options Units
Demeter Sites
Maintain current industrial flex zoning 0
Low Estimate: R-MD-2 zoning (2-3 stories and 22 DU/acre) ~90 High Estimate: Urban Residential (3-4 stories and 40 DU/acre) ~120 Recommendation: Leave current zoning and do not allow residential uses. The rationale for this recommendation is as follows:
• Over 150,000 square feet of light industrial/PDR is already in operation on these parcels, and these types of jobs were meant to be promoted by the Specific Plan • 20’ wide easement along backs of properties already creates natural buffer between residential and non-residential use
• Given limited locations/market for light industrial in the City, this area should remain as is to support local middle-income jobs
• Little common ownership; six separate major owners/operators

9.1.a
Packet Pg. 173 Attachment: Detail on Potential Housing Sites (2087 : Ravenswood Business District Specific Plan – Housing Locations and CEQA Scenarios) Site #3: Pulgas Street East Sites
These 11 parcels are located on the eastern side of Pulgas Avenue, between Bay Road and Weeks Street. The parcels add up to 7.5 total acres and is a combination of vacant land and light industrial manufacturing. This area has one existing proposal for housing (application submitted by owner, includes 100% affordable units).

Zoning Options Units
Pulgas East Sites
Maintain current REC zoning 0
Low Estimate: Apply new zone that allows non-residential at 1.0 FAR and residential at 4-story / 50 DU/A [5-story, 65 du/a with bonus].

Remove library parcels. ~200
High Estimate: Apply new mixed zone. Keep library parcels in new zone. ~250 Recommendation: Allow either low-density non-residential or moderate-density residential (likely by creating a new zone that merges two adjacent existing zones - REC and Bay Road Central) - to maintain future flexibility while enabling housing development. *Study potential remediation/mitigation measures in CEQA. *Remove from consideration all parcels that are planned for the relocated Public Library.

9.1.a
Packet Pg. 174 Attachment: Detail on Potential Housing Sites (2087 : Ravenswood Business District Specific Plan – Housing Locations and CEQA Scenarios) Site #4: South of Weeks Street Site
This large (2.7 acres) vacant parcel is located on the south side of Weeks Street, between Pulgas Avenue and the Plan boundary. In the past, the site was the subject of a proposal for a Primary School but is no longer under consideration for this particular use.

Zoning Options Units
South of Weeks
Maintain current industrial flex zoning 0
Low Estimate: Apply R-MD-2 [3-4 stories and 30 du/a with bonus] ~80 High Estimate: Apply Urban Residential [4/5-story, 50+ du/a with bonus] ~140 Recommendation: Allow residential use, maintain two-story limit immediately adjacent to lowdensity residential zones. *Reach out to property owner (Gates Foundation) to gauge interest in residential development.

9.1.a
Packet Pg. 175 Attachment: Detail on Potential Housing Sites (2087 : Ravenswood Business District Specific Plan – Housing Locations and CEQA Scenarios)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: Rachel Horst, Housing and Economic Development Manager Patrick Heisinger, Assistant City Manager
SUBJECT: City Council Consideration of Potential Approaches Regarding Unhoused Residents
Recommendation
Accept the staff report and provide direction regarding the City’s approach to supporting the unhoused population.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 6: Create a Healthy and Safe Community
One of the City’s Five-Year Affordable Housing Strategy goals, as adopted in 2018, is to Increase Housing Opportunities for Formerly Homeless Residents by a total of 80, including 30 Safe Parking and 10 additional opportunities per year. Over the past three years, in alignment with this goal, the City Council has approved several investments to support the City’s unhoused population and residents who are at risk of homelessness.

RV Safe Parking Program
Originally approved on July 17, 2018 the RV Safe Parking Program (“Program”) provides 17 Recreational Vehicle (“RV”) dwellers with a location to park their vehicle so that they may have a designated parking space that does not interfere with the public right-of-way. Program participants have access to facilities and receive case management services from Project WeHOPE on-site at the Tanklage site at 1798 Bay Rd. The Program is currently in its third year. Table 1 below details the financial investment that has supported this program since its inception.

9.2 Packet Pg. 176
TABLE 1
RV Safe Parking Program Financial Information
Year WeHOPE Investment City Investment Funding Source
Year 1
2019-20
$498,850
$45,350 $200,000 (Overnight)
$118,500 (Overnight)
$100,000 (Site Prep)
$35,000 (Homeless
Assistance)
City Year 1 Total:
$453,500
General Fund
Measure O/General Fund
CIP
General Fund
Year 2
2020-21
$480,350
$144,661 $250,000 (Overnight)
$85,689 (Daytime)
City Year 2 Total:
$335,689
Housing Successor
General Fund
Year 3
2021-22
$446,132
$171,090 $250,000 (Overnight)
$25,042 (Daytime)
City Year 3 Total:
$275,042
Housing Successor
General Fund
$361,101 City Total: $1,064,231
Since the Program was established, Project WeHOPE has been able to move at least 34 of households, who had resided in an RV, into a more stable housing facility, rather than a vehicle.

Approval of Two Manufactured Units to House Formerly Homeless Families On April 21, 2020, via Resolution No. 60-2020, the City Council granted Project WeHOPE the authority to temporarily place two manufactured units on the Tanklage property at 1798 Bay Rd. to provide interim housing for unhoused family households.

Set-Aside Units in the Light Tree and 965 Weeks Affordable Housing Projects In an effort to increase the number of housing units to accommodate unhoused residents, the City Council required the developers of the affordable housing developments known as 965 Weeks and Light Tree to set-aside a percentage of units within each project to house formerly homeless residents, as follows:
• 965 Weeks Street - 135 total units, with 8 units set aside for homeless households; and • Light Tree - 185 total units, with a minimum of 9 units and a maximum of 19 units set aside for homeless households.

Measure O Contracts to Support Households At-Risk of Homelessness As described in detail in a staff report dated December 18, 2021, the City has invested $618,176 from Measure O revenues to assist residents, who may be at risk of homelessness, to remain in their homes. These efforts have been even more important as the COVID-19 Pandemic resulted in many challenges for the City’s most vulnerable households, including difficulties in maintaining employment and paying rents.

9.2 Packet Pg. 177
Installing Temporary Restroom Facilities at Bell Street Park On October 19, 2021, the City Council directed staff to place temporary restroom facilities at Bell Street Park through January 31, 2022, to provide a humane environment for the local unhoused residents and to mitigate the risk of solid waste conditions at the park.

Recent City Council Discussions Regarding Unhoused Residents On June 1, 2021 and October 19, 2021, in response to the growing encampment at Bell Street Park, staff provided the City Council with an update on the situation, as well as additional context regarding potential legal limitations associated with addressing encampments during the COVID-19 Pandemic, as follows:
· The City adheres to guidelines issued by the Centers for Disease Control and Prevention (“CDC”) that discourage breaking up encampments to prevent the spread of COVID-19, unless alternative housing is available.
· The City must also take into account the legal implications of any response to homeless encampments. A recent ruling, Martin v. City of Boise, by the United States Court of Appeals, Ninth Circuit, limits the ability of jurisdictions to remove homeless individuals from public areas, such as encampments, when there are no safe and adequate shelter alternatives available. Further, in July 2021, the Law Foundation of Silicon Valley sued the City of Mountain View (“Law Foundation v. Mountain View”) for attempting to reinstate their local ban on overnight parking of RVs and other vehicles.

Despite the efforts described above, residents in the City of East Palo Alto, like most jurisdictions in the Bay Area, are still experiencing homelessness and living in RVs and encampments.

The purpose of this staff report is to provide the City Council with an update on various initiatives intended to support the City’s unhoused population and additional options to consider.

Analysis
This staff report is focused on two subsets of the unhoused population: 1) those residing in RVs in the public right-of-way (“RV Dwellers"), and 2) those residing in encampments (“Unhoused Residents”).

Continued Legal Concerns
The legal concerns detailed in the June 1 and October 19, 2021, staff reports, associated with activities such as “sweeping” of unhoused encampments or enforcing certain programs that target unhoused populations, continue to influence staff’s approach to these issues. The recent Law Foundation v. Mountain View lawsuit should also be considered when discussing potential options for addressing the needs of the unhoused and the broader community.

As a result of the Law Foundation v. Mountain View lawsuit, the City of Mountain View has decided not to pursue aggressive enforcement actions for RV dwellers at this time. Their alternate approach involves a focus on education and referral rather than enforcement and criminalization..

Current Status of RV Dwellers
Staff estimates that there are currently 17 households residing in RVs in the public right-ofway. In the past, Public Works staff coordinated with Project WeHOPE to refer RV dwellers to the RV Safe Parking Program. Through this process, eligible RV dwellers would be placed on

9.2 Packet Pg. 178
a waiting list and moved into the RV Safe Parking Program, dependent upon availability. The current lease, Temporary Use Permit (TUP), and funding for the RV Safe Parking Program will expire on April 30, 2022.

In response to the COVID-19 Pandemic, direction from the City Council, and consideration of legal constraints, staff has paused enforcement of the City’s Oversized Vehicle Parking Restriction Ordinance. As a result, an increase in the number of oversized vehicles with residents sleeping inside (most notably RVs) have been seen parked on City streets.

Recommendations for RV Dwellers

1. Public Works will begin notifying and informing owners of Oversized Vehicles in the public right-of-way about the City’s parking regulations and assessing whether the dweller needs assistance with debris disposal. Staff does not recommend enforcement at this time. The proposed approach would focus on providing education and other referral services, with the end goal of assisting each unhoused resident achieve a more stable living environment. However, if an RV dweller disposes of solid waste or other hazardous materials, the City will take appropriate action to maintain its Storm Water Permit.

2. Public Works will conduct a bi-monthly “windshield survey” to identify the number, location, and debris situation of oversized vehicles/RVs to obtain key data that will inform staff in developing recommendations for future actions.

3. The City Council may consider extending the lease and provide up to $250,000 in funding to Project WeHOPE to administer the RV Safe Parking Program for an additional year. If the City Council agrees with this recommendation, staff would return to the City Council in Spring 2022 for action. In addition, Project WeHOPE must seek approval of a TUP extension by the Planning Commission. During the Priority Setting Retreat in early January 2022, the City Council identified the Tanklage site as a potential future location of the Police Department facility. As directed, staff will return with the appropriate analysis of this option before the end of the current Fiscal Year, so an additional year of the RV Safe Parking Program would not impact the potential timeline of locating a future Police Station, should the City Council choose to pursue it.

4. If necessary, staff would be directed to return to the City Council to seek additional budgetary authority to ensure that neighborhoods are not being impacted with debris or other conditions that may arise from the presence of RVs on a given City street.

Unhoused Residents in Encampments
Staff estimates there are currently 5 encampments of unhoused residents throughout the City.

Table 2 below identifies the location and estimated number of individuals residing at each location.

9.2 Packet Pg. 179
TABLE 2
Unhoused Encampments in East Palo Alto
Location Estimated # of Inhabitants
Bell Street Park 10
Marshland (Menlo Park) 6
Cooley Landing 2
Former Pet Hospital 2
Laurel and East Bayshore 1
Currently, Bell Street Park is the largest encampment of unhoused residents in East Palo Alto.

Since the City began to intervene at Bell Street Park in Fall 2021, at least eight (8) individuals have been housed in more stable living situations. Case managers from San Mateo County and Project WeHOPE have stated that unhoused individuals from other communities have traveled to Bell Street Park due to the fact that people at this location are being housed. As such, the total number of unhoused individuals at the Bell Street Park has not decreased.

Case managers estimate that the Bell Street Park encampment may currently be the largest in San Mateo County. If so, staff recommends that the County deploy additional services and capacity to find better living situations for these individuals.

Without creating additional housing options, staff recognizes that it will be difficult to house all individuals residing in encampments in East Palo Alto. Elsewhere in the Bay Area and throughout California, jurisdictions are opening a pathway through their Zoning Code to allow private property owners to provide housing for unhoused individuals. Most notably, jurisdictions are allowing religious institutions, by way of a Temporary Use Permit (TUP) process, to use their property to host RV dwellers or the placement of micro-homes. In some instances, unhoused individuals are offered temporary residence within an organization’s building, as long as certain health and safety requirements are met.

Table 3 below provides examples of creative options for housing unhoused individuals that could be pursued in East Palo Alto.

TABLE 3
Housing Options for Unhoused Residents
Jurisdiction Description of Program
San Mateo County (multi-jurisdiction) Home & Hope - with administrative offices in Burlingame, serves clients
referred through Coordinated Entry
System (“CES”) and relies on a network
of 30 local faith communities in San
Mateo County to provide overnight shelter
on a rotational basis. During pandemic,
relying on hotels.

Menlo Park/Palo Alto Hotel de Zink - LifeMoves works in partnership with congregations in Palo
Alto and Menlo Park to house unhoused
men and women overnight on a rotational
basis. LifeMoves provides case
management services at its Opportunity
Center and provides overnight

9.2 Packet Pg. 180
supervisory staff.

Palo Alto Heart & Home Winter Shelter - a
volunteer-run shelter provides seasonal,
overnight, shelter for unhoused women at
different places of worship in Palo Alto for
six weeks at a time.

San Francisco San Francisco Interfaith Winter Shelter
(Episcopal Community Services) -
collaboration of Episcopal Community
Services, San Francisco Interfaith
Council, and San Francisco Department
of Homelessness and Supportive
Housing to provide seasonal shelter
hosted by four local congregations on a
rotational basis for unhoused San
Francisco residents.

Oakland Key updates to zoning and building
regulations -- to increase flexibility, e.g.,
to accommodate RVs and other vehicular
“housing,” and encourage innovative and
alternative forms of construction such as
tiny homes or modular units. “Tiny
Homes”-transitional housing with
services for unhoused residents on Cityowned land.

San Jose/Santa Clara County Winter Faith Collaborative - network of overnight shelter, daytime drop-in
centers, and overnight safe parking spots
provided on a rotational basis by
volunteer congregations in SCC. Key
policy changes - City of San Jose
adopted an ordinance in August 2017 to
create a streamlined process for
temporary and incidental shelters without
the requirement of an approved
Development Permit. “Tiny Homes”-
transitional housing, also known as
Emergency Interim Housing (“EIH”) with
services for unhoused residents on Valley
Transportation Authority (“VTA”) and
Caltrans land.

Summary
Ultimately, the statewide chronic homelessness epidemic will only be solved by building more permanent supportive housing. Over the last five years, significant legislative changes, funding increases, and other advocacy efforts have finally created momentum toward the achievement of supportive housing goals. However, construction of just one affordable housing

9.2 Packet Pg. 181
development, and more so for supportive housing that accommodates unhoused populations, requires extensive time and funding. For jurisdictions like East Palo Alto to house the unhoused with more urgency, the exploration of short-term, flexible concepts will need to be pursued aggressively. Staff seeks City Council direction to pursue several options for providing temporary housing to the City’s unhoused residents until more permanent supportive housing units are built across San Mateo County.

Recommendations for Supporting Unhoused Residents in Encampments:

1. Continue to provide sanitary restrooms at Bell Street Park through April 30, 2022;

2. Direct the City Manager to contact the County Manager to discuss potential options for receiving County assistance to support and house the unhoused encampment residents in East Palo Alto; and

3. Return to the City Council in April 2022 with additional recommendations for both City and County support of the unhoused population in East Palo Alto.

Next Steps
If City Council directs staff to pursue the above recommendations, staff will return in April with a summary of discussions with the County Manager and with specific recommendations and action items for City Council consideration.

Fiscal Impact
There is no fiscal impact associated with this staff report.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

9.2 Packet Pg. 182

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: James Colin, Executive Assistant
James Colin, Executive Assistant
SUBJECT: COVID-19 Vaccination Program Regular Update
Recommendation
Discuss the COVID-19 vaccination program update and provide direction to staff.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Ø Priority #5: Improve Communication and Enhance Community Engagement Ø Priority #6: Create a Healthy and Safe Community
Background
On a weekly basis the Mayor and Vice Mayor meet with key staff to discuss and coordinate City of East Palo Alto COVID-19 Vaccination Program efforts and progress.

The purpose of this report is to present the information regarding the abovementioned program and efforts in an open forum engaging all members of the Council and the public.

Analysis
See Attachment 1.

The attachments included in this report routinely cover the items typically discussed at the COVID-19 vaccination briefing with the Mayor and Vice Mayor as well as key staff.

The format is discussed as follows:

1. Review of previous week vaccination efforts. This item identifies each event by the date at which it occurred, the time, the location provider, the address, and the vaccination

9.3 Packet Pg. 183
numbers (sometimes by vaccination type and 1st or 2nd dose).

2. Review of upcoming vaccination events for the week. This follows the same content format as number 1 but concentrates on the efforts to make the upcoming event organized and successful.

3. Outreach efforts (not always discussed). This item typically involved a review of outreach efforts as discussed in item 2 but in more detail and/or a change in strategy as circumstances may change.

4. Future Efforts

5. Incentives (Previously considered).

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin outside City Hall and making the agenda and report available at the City’s website and the San Mateo County Library at 2145 University Avenue, East Palo Alto.

Fiscal Impact
N/A as this is an informational report.

Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Attachments

1. Draft Vaccination Meeting Agenda 2-1-2022

9.3 Packet Pg. 184
Vaccination Meeting Agenda
Tuesday, February 1, 2022

1. Review of previous week vaccination efforts:

Ravenswood Family Health Clinic
City of
EPA Pfizer Adult Pfizer Pedi Moderna J & J Total
1st 2nd 3rd 1st 2nd 3rd 1st 2nd 3rd 1st 2nd
1/18
Thurs 10 9 62 10 0 0 3 0 88 0 0 182
1/22
Sat 13 1 54 25 12 0 1 1 59 0 0 166
Total 23 10 116 35 12 0 4 1 147 0 0 348
DATE LOCATION TYPE 1
st Dose 2nd Dose 3rd Dose Booster TOTAL
1/18/22 YMCA EPA
Pfizer
Moderna
Janssen
9 -
1 4
-
-
-
49 17
1 81
1/19/22 YMCA EPA
Pfizer
Moderna
Janssen
5 -
-
5 -
-
1 -
-
21 14
-
46 1/20/22 YMCA EPA
Pfizer
Moderna
Janssen
4 3
-
6 -
-
-
33 20
1 67
1/22/22 Woodland Park
Apartments
Pfizer
(peds)
Pfizer
Moderna
Janssen
26 14
7 -
2 5
1 -
-
-
75 43
-
173
GRAND
TOTAL 69 23 1 274 367

9.3.a
Packet Pg. 185 Attachment: Draft Vaccination Meeting Agenda 2-1-2022 (2091 : COVID-19 Vaccination Program Regular Update)

2. Review of Upcoming vaccination event for week
Date Time Location Address
Tuesday, February 1, 2022 6:00pm –
9:00pm
Lewis And Joan Platt East Palo
Alto Family Ymca 2180 Euclid Ave, East Palo Alto, CA
Wednesday, February 2, 2022
6:00pm –
9:00pm
Lewis And Joan Platt East Palo
Alto Family Ymca 2180 Euclid Ave, East Palo Alto, CA
Thursday, February 3, 2022
6:00pm9:00pm
Lewis And Joan Platt East Palo
Alto Family Ymca 2180 Euclid Ave, East Palo Alto, CA
Thursday, February 3, 2022
5:00pm7:00pm RFHC 1885 Bay Rd, East Palo Alto, CA 94303 Saturday, February 5, 2022
9:00 am12:00pm RFHC 1885 Bay Rd, East Palo Alto, CA 94303 Saturday, February 5, 2022 11:00am6:00pmWoodland Park Apartments 45 Newell Rd., East Palo Alto, CA 94303

9.3.a
Packet Pg. 186 Attachment: Draft Vaccination Meeting Agenda 2-1-2022 (2091 : COVID-19 Vaccination Program Regular Update)