Palo Alto City Council
February 27, 2023

Item 6
Attachment B 2023 Palo Alto Weed
Abatement Program
Commencement Report

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City of Palo Alto Weed Abatement
The City of Palo Alto contracts with the Santa Clara County Department of Agriculture and Environmental Management (SCCDAEM) to remove and destroy weeds in its efforts to mitigate potential fire hazards (as defined in Palo Alto Municipal Code Chapter 8.08). The entire weed abatement program is coordinated by the SCCDAEM. Abatement proceedings must follow a legally established course. This is an annual process with weed abatement occurring in late Spring. City of Palo Alto involvement is limited to the following 3 steps for City Council:
1) (Nov-Dec) City of Palo Alto Declares Weeds a Nuisance to allow for County abatement and sets a later date (Jan-Feb) for a public hearing to review the Annual Commencement Report (list of” nuisance” parcels).
2) (Jan-Feb) Public Hearing to review the Annual Commencement Report and approve the County abatement proceedings. At this public hearing, property owners may appear and object to the proposed weed destruction or removal. After the hearing and consideration of any objections, the Council may sustain or overrule any or all objections. Upon adoption of the resolution confirming the weed abatement commencement report and ordering weed nuisances abated, the County will be asked to perform the abatement work to destroy and remove any weeds. 3) (June) Public Hearing to approve the invoices for the abatement work performed by the SCCDAEM.

The Santa Clara County Weed Abatement Program
The Santa Clara County Department of Agriculture and Environmental Management and the City of Palo Alto work together to protect our community from fire. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative overgrowth and the accumulation of combustible materials.

Typically, a property is placed on the program list by a County Weed Abatement Inspector who identifies a potential fire hazard on the property. The Palo Alto Fire Department (PAFD) & Code Enforcement also report addresses of concern and forward (verified) complaints from residents to the SCCDAEM. Residents can report addresses of concern to PAFD, code enforcement, or directly to the County Weed Abatement Program.

Santa Clara County program staff annually inspect “nuisance” parcels at the beginning of the fire season, which is typically April 30
th for CPA parcels.

The Weed Abatement program is entirely funded from fees charged to residents. All parcels on the list will be charged a basic inspection fee. If the parcel is not in compliance at the time of inspection, the property owner will be charged a n additional failed inspection fee, and they will receive a final courtesy notice as a reminder to abate their weeds within 2 weeks.

If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee.

All fees will be included in their property tax bill.

Attachment C
Item 6
Attachment C Weed
Abatement Timeline and
Summary

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Properties that meet and maintain the minimum fire safety standards will only be charged for the annual fee. These properties will be removed from the list after three years of compliance.

Item 6
Attachment C Weed
Abatement Timeline and
Summary

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CITY COUNCIL

STAFF REPORT
From: City Manager
Report Type: CONSENT REPORT
Lead Department: Community Services
Meeting Date: February 27, 2023
Report #: 2301-0723

TITLE
Parks and Recreation Commission Recommendation to Adopt an Ordinance Amending PAMC Section 22.04.220 to Regulate Electric Bicycles and Electric Coasting Devices in Parks and Open Spaces (Item Pulled from Consent January 23, 2023)

RECOMMENDATION
The Parks and Recreation Commission (PRC) recommends that the City Council adopt an amendment to PAMC 22.04.220 to regulate electric bicycles and electric coasting devices 1 in City parks and open spaces

EXECUTIVE SUMMARY
This item was agendized for approval on the Consent Agenda on January 23, 2023. It was pulled from consent by Council Members Burt, Stone and Tanaka. The full original Staff Report is available here: https://portal.laserfiche.com/Portal/DocView.aspx?id=61850&repo=r-704298fc APPROVED BY:

Lesley Milton, City Clerk
Item 7
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1 6
6 7

CITY COUNCIL

STAFF REPORT
From: City Clerk
Report Type: ACTION
Lead Department: City Manager
Meeting Date: February 27, 2023
Report #: 2301-0804

TITLE
Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February 13, 2023)

RECOMMENDATION
Staff recommends that the City Council discuss and accept 2023 Standing Committee Topics.

BACKGROUND/ANALYSIS
This item originally was heard during the Council Annual Retreat on January 28, 2023. The item was agendized for further discussion on February 13th, but was continued.

The full staff report can be accessed here:
https://portal.laserfiche.com/Portal/DocView.aspx?id=61655&repo=r-704298fc APPROVED BY:

Lesley Milton, City Clerk
Item 8
Item 8 Staff Report

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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: February 27, 2023
Report #:2302-0987
TITLE
Rescheduled Item from February 6, 2023: Professional Services Agreement with Townsend Public Affairs Contract

RECOMMENDATION
Approval of Professional Services Agreement with Townsend Public Affairs, Inc. (C23183770) in the Amount Not-to-Exceed $558,000 for State and Federal Legislative Advocacy Services and Grant Consulting and Compliance Services for a Period of Three Years with the Option to Renew for Two Periods of One Year Each; CEQA status—not a project.

This report has been updated to incorporate supplemental information issued after release of the original staff report prepared for the February 6, 2023 consent agenda.

EXECUTIVE SUMMARY
The City Council voted on February 6 to remove this item from the Consent Calendar and agendize for discussion. The recommended agreement would engage Townsend Public Affairs, Inc. (TPA), for grant consulting and legislative advocacy professional services. Following a Request for Proposals procurement process, TPA was selected as the provider most advantageous to the City.

Staff also offers an alternative (substitute) recommendation if the City Council wishes to refine performance expectations. The alternative (substitute) recommendation would proceed with the recommended agreement for a one-year initial period, enabling further Council discussion and direction while providing needed services for the current legislative session: Approval of a Professional Services Agreement with Townsend Public Affairs in an amount not to exceed $186,000 for State and Federal Legislative Advocacy Services and Grant Consulting for a period of one (1) year period with options to renew for four periods of one year each.

BACKGROUND
In fall 2022, a Request for Proposals (RFP) was conducted for grant consulting and legislative advocacy professional services. The project scope of services – seeking and submitting grant Item 9
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applications and legislative advocacy work – are closely related, therefore the RFP was jointly led by the City Manager’s Office and the Administrative Services Department (ASD). The scope was structured as a multi-award opportunity where the City’s expectation is that regardless of which firms are selected, that the firms will work in partnership with one another and the City will advance the entire ecosystem of advocacy and grant services for the City. The chart below describes the relationships of this work.
*The 3 green circles all relate to the grant consulting tasks. They are listed as 3 separate circles to show that support related to grants includes more than just finding grants for the City.

Legislative Advocacy
Palo Alto has had a firm advocating on behalf of the City in both Sacramento and Washington, DC ongoing since the early 2010s. The firms use their established relationships in the State and Federal Capitals to ensure that Palo Alto’s needs and positions are known and considered in the decision-making process. The existing contracts for State and Federal advocacy services expired on December 31, 2022 after being extended a few times throughout the length of the contracts.

The City Council adopted a legislative workplan in addition to the 2023 Legislative Guidelines on November 7, 2022. 1 The workplan included increased interaction between the full Council and 1 1 Report (pdf page 168; CMR 14913): https://www.cityofpaloalto.org/files/assets/public/agendas- minutesreports/agendas-minutes/city-council-agendas-minutes/2022/20221107/20221107pccsm-amended- linked-q.a-2.pdf.

Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas- minutes/citycouncil-agendas-minutes/2022/20221107/20221107amccsm.pdf Item 9
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the legislative advocates during the legislative session. In recent years, the lobbyist has made at least quarterly updates to the Policy and Services Committee and updates to the full Council as action was needed on legislative positions. In the Council approved 2023 workplan, the frequency of legislative discussions with the full Council have increased to replace the Committee-only discussions. The 2023 workplan also includes a touch point early in the year with legislators representing Palo Alto (intended as a legislative reception but this year it will likely be individual legislator visits to Council due to scheduling difficulties).

Grant Support Consultant Services
In summer 2022, under staff authority, staff executed a 10-month contract with California Consulting to improve the City’s position in seeking opportunities and applying for grants to enhance and increase service levels to the community. In addition, the consultant assisted the City with the standardization of the City’s process for identifying, applying, tracking, and reporting of grants. The agreement with California Consulting expired in January 2023.

In 2022, the City was awarded over $30 million based on the grant opportunities available through the work of the City’s state and federal legislative advocates and the grants consulting firm. Future grant awards depend on grant opportunities, applicability to the City, and the City’s success in grant applications. Successful grant applications require projects to have demonstrated significant progress and solidification of intended plans.

The item on February 6 had multiple supplemental reports attached to it. Staff combined the information in the original staff report and the supplementals into one report below and also added some additional information to address some of the concerns expressed. The original staff report also inadvertently contained an incomplete contract with Exhibit C-1 (rate schedule) missing. Staff attached the corrected contract which includes Exhibit C-1 as Attachment A to the report below for this February 27 City Council discussion.

ANALYSIS
Project Description
Legislative Advocacy. Working with City staff and Council, TPA will implement the City’s 2023 legislative workplan as approved by the Council in November 2022. TPA will implement subsequent year workplans as well in a fashion that mirrors the Council direction in June 2021 to be strategic in the approach to legislative advocacy in both Sacramento and Washington, DC.

With regular scheduled discussions with the full Council and the Policy and Services Committee, TPA will inform the Council of updates in the state and federal capitals and receive feedback from the Council on areas of interest and concern. Staff will regularly communicate with TPA to keep progressing the City‘s legislative goals.

With the Policy and Services Committee discussion on November 3, 2022 and the full Council discussion on November 7, 2022, the Council received an update on the happenings in Sacramento and Washington, DC and planned out the work for 2023 in addition to adopting the City’s Legislative Guidelines. Staff took this information into consideration in evaluating the proposals for legislative services and factored it into the scope of services included in the Item 9
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attached contract. In this 2023 legislative year, staff looks forward to the Council having additional planned interactions with the lobbyist team based on the 2023 workplan.

Grant Support Consultant Services. Working with City staff, priorities and funding needs will be assessed at the onset by TPA. Working together with the City’s legislative advocacy teams, TPA will research grant opportunities and assist the City with prioritizing grants to pursue, based on funding priority and other factors, such as eligibility and feasibility of compliance requirements.

TPA will also develop and submit the City’s grant proposal and provide grant administration support post-award to ensure the City meets reporting and compliance requirements.

Summary of Competitive Solicitation Process
On August 31, 2022, a Request for Proposals (RFP) for legislative advocacy and grant consulting services was posted on PlanetBids, the City’s eProcurement portal, as a multi-award RFP. The proposal period was 34 calendar days and included a pre-proposal meeting to review work scope and answer questions that prospective proposers may have. Proposals were received by seven consulting firms and six of these proposals were considered responsive. A summary of the firms and the service areas on which they bid are listed in table 2 below. Table 1 includes a summary of the RFP Process.

An evaluation committee consisting of Administrative Services, Public Works, and City Manager‘s Office convened to review proposals and conduct interviews with the top three scoring firms.

The committee reviewed the firm’s qualifications and submittal in response to the criteria outlined in the RFP, including work quality, the consultant’s experience and effectiveness, quality and completeness of the proposal, prior performance, the proposer’s financial stability and ability to provide services. The committee also evaluated each firm’s proposed strategy and approach to supporting the City in these service areas.

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Table 2: Summary of Proposals by Proposed Service Area
Additional information about the proposals
• Alcalde & Fay: bid on grant consulting and federal legislative services. The proposal demonstrated a strong understanding of the grant seeking climate as well as the Washington DC culture but did not demonstrate a strong ability to apply those services to Palo Alto’s needs.
• California Consulting Inc. bid on grant consulting services. This proposal was very short and did not identify specifics on helping Palo Alto through the entire grants process including compliance support.
• Darnell Shaw Environmental, SPC. bid on grant consulting and federal legislative services.

This proposal demonstrated competence in the environmental space but did not show an ability to address other Palo Alto priority areas such as housing and economic recovery. • Engineering Solutions Services bid on grant consulting. This proposal demonstrated an ability to assist Palo Alto with pursuing some grants, but not for all the priority areas for Palo Alto (such as housing and economic recovery). The proposal also spoke less to assistance with grant compliance.
• Townsend Public Affairs, Inc. bid on grant consulting and state and federal legislative services. This proposal demonstrated strong relationships in the state and federal legislative advocacy realm with an ability to apply them to Palo Alto-specific needs. For grants consulting, this bidder demonstrated an ability to assist the City with grant searching, applications, and help on grant compliance. This bidder was the only proposal for state legislative services. For both state and federal legislative services, this bidder showed an ability to leverage relationships in Sacramento and Washington, DC for Palo Alto’s needs and an ability to easily have synergy between the teams doing state and federal advocacy.
• Van Scoyoc Associates, Inc. bid on federal legislative services. This proposal demonstrated an ability to leverage relationships in Washington, DC for Palo Alto.

TPA stood out in grant consulting services because they provide assistance throughout the entire grant process from searching for grants to application to grant award and to ensuring the City knows the requirements for the grant and can comply with them in a timely manner. For state Item 9
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legislative advocacy, TPA showed a breadth of knowledge on relevant issues and key players and expressed how they would use that information to benefit the City. Lastly, for federal advocacy, TPA’s scope included connections to federal agencies to stay informed of potential impacts to the City. Overall, TPA’s expressed ability to connect grants, state, and federal advocacy work efficiently on behalf of the City made them the forerunner for this contract for all three service areas.

Additional Information about the proposed contract
The concerns expressed about this contract award were in relation to 1) all the service areas being awarded to one vendor, 2) to setting clearer performance standards for the proposed vendor, especially given that this vendor has served as the City’s state legislative advocate for some years, and 3) that there were no environmental agencies listed in the key agencies part of the scope of work. In response to concerns, staff provides the following additional information:
- Why is this award being offered to just one vendor for all three (3) service areas? Staff approached this RFP by offering all possible vendors three (3) service areas/ tasks that they could bid on. The RFP did not require vendors to bid on more than one service area but offered the opportunity to do so if their firms had multiple teams within the firms to accomplish the different service areas. On average, as shown above in the table of bids, most bidders chose 1-2 service areas on which to bid. Only one firm bid on all three (3) service areas and that same firm happened to also be the only firm that bid on the state legislative advocacy service area.

Even with bidders showing interest in multiple service areas, staff evaluated bids across service area, not by bidder. This means that bids on grant services were only evaluated against other bids on grant services; similarly, all bids on federal legislative services were only evaluated against other bids on federal legislative services. This also applied to state legislative services, though there was only one bid to evaluate for that service area.

The recommended vendor, Townsend Public Affairs, stood out as a lead bidder separately in each service area based on the City’s expressed needs in the RFP. Only after that did staff factor in the additional benefits the City receives by leveraging all the services within one firm. - Can we set clearer performance standards for the proposed vendor and evaluate their previous work?
Yes. With the old contract expired and this being a new proposed contract, the City Council can absolutely express new expectations for the vendor based on what the City Council does and does not want to see based on prior services provided by this vendor. Within the proposed contract scope of services in Exhibit A, the City Council can more narrowly define the expectations that the City Council would like to see this vendor accomplish. If the City Council would like to set additional expectations for the vendor, staff would review those with the vendor and, if amenable, would add them directly into the contract.

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- Why aren’t there any environmental agencies included on the list of key agencies in Exhibit A Scope of Services?
The list of key agencies was a sampling and more agencies can be added.

Alternative / Substitute Recommendation
Staff also offers an alternative (substitute) recommendation if the City Council wishes to refine performance expectations. The alternative (substitute) recommendation would proceed with the recommended agreement for a one-year initial period, enabling further Council discussion and direction while providing needed services for the current legislative session: Approval of a Professional Services Agreement with Townsend Public Affairs in an amount not to exceed $186,000 for State and Federal Legislative Advocacy Services and Grant Consulting for a period of one (1) year period with options to renew for four periods of one year each.

Should the City Council wish to significantly modify the scope of services at this time, it is likely that the procurement will need to be redone. This is typically a 6-9-month process. The alternative recommendation is offered to ensure that the City’s legislative and grants interests can be represented this year in Sacramento and Washington, DC given that the existing contracts have now expired.

FISCAL/RESOURCE IMPACT
This action approves professional services for contract costs that are included in the City Manager’s Office and Administrative Services Department FY 2023 General Fund Adopted Budget. No Council action is needed to adjust the budget.

The contract in Attachment A includes Exhibit C-1 with rate information. The cost described in Exhibit C-1 is the per month retainer cost of $15,500 for all three service areas/tasks with no additional fees. The hourly rates on page two in Exhibit C-1 are for your information but do not impact the monthly retainer fee. This monthly retainer fee is consistent with the type of invoicing used in previous grant and legislative contracts.

STAKEHOLDER ENGAGEMENT
These contracts continue resources to staff in departments throughout the organization and has drawn assistance of a variety of department representatives for the evaluation of these proposals and feedback of what is needed in work scope. Departments such as Public Works, City Manager’s Office, and Administrative Services were consulted and coordinated with internally on selection of these recommended firms. Staff also consulted the Council in the legislative workplan for 2023 which is the basis for the work planned by the proposed firm. Council will also interact in public meetings with the selected firm.

ENVIRONMENTAL REVIEW
Approval of this contract is not a project under the California Environmental Quality Act (CEQA), as it is an administrative activity that will not result in direct or indirect changes in the environment. (CEQA Guidelines 15378(b)(5).)
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ATTACHMENTS
Attachment A: Contract with Townsend Public Affairs, Inc.; Contract #C23183770 (with Exhibit C-1 included)
APPROVED BY:

Ed Shikada, City Manager
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Professional Services
Rev. Dec.15, 2020

CITY OF PALO ALTO CONTRACT NO. C23183770

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALO ALTO AND
TOWNSEND PUBLIC AFFAIRS, INC.

This Agreement for Professional Services (this “Agreement”) is entered into as of the 1 st day of January, 2023 (the “Effective Date”), by and betw een the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TOWNSEND PUBLIC AFFAIRS, INC ., a California co, located at 1401 Dove Street , Ste. 330, Newport Be ach, California, 92660 (“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS
A. CITY intends to be represented in all stat e and federal legislativ e advocacy matters and requires grant consulting and compliance services (the “Project”) and desires to engage a consultant for representation a nd professional services in c onnection with the Project (the “Services”, as detailed more fully in Exhibit A).

B. CONSULTANT represents that it, its empl oyees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.

C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.

NOW, THEREFORE, in consideration of the recita ls, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.

SECTION 2. TERM.

The term of this Agreement shall be from the date of its full execution through December 31, 2025 with the option to renew for an two periods of one (1) year each, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. CITY shall notify CONSULTANT of its intent to exercise its option to renew in writing no later than ninety (90) days before the end of the term of this Agreement.

SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE 








 



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Townsend Contract
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Professional Services
Rev. Dec.15, 2020

OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.

CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.

SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Five Hundred Fifty- Eight Thousand Dollars ($558,000.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.

Optional Additional Services Provision (Thi s provision applies onl y if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of zero Dollars ($0) for the performance of Additional Services (as defined below). The total co mpensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Five Hundred Fifty-Eight Thousand Dollars ($558,000.00), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect t o, but is not required to, authorize Additional Services up to the maximum amount of compen sation set forth for Additional Services in this Section 4. CONSULTANT shall provi de Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by th e CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Add itional Services in this Section 4.

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Professional Services
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Additional Services in this Section 4. Pe rformance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services perf ormed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send a ll invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.

SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSU LTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, po ssess the professional a nd technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professi onal standard and quality that prevail among professionals in the same disc ipline and of similar knowledge a nd skill engaged in related work throughout California under the same or similar circumstances.

SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and loca l laws, ordinances, regula tions, and orders that may affect in any manner the Project or the pe rformance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup co sts, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.

SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction co sts at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.

SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be 








 



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Professional Services
Rev. Dec.15, 2020

deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.

CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s perform ance of the Services, or any agent or employee of CONSULTANT providing same. Nothi ng in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.

SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreemen t nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the he irs, successors, executors, administrators and assignees of the parties.

SECTION 12. SUBCONTRACTING.

Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreemen t, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.

Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to comp lete the Services. The subcontractors authorized by CITY to perform work on this Project are:

CONSULTANT shall be responsible for directi ng the work of any subcontractors and for any compensation due to subcontractors. CITY a ssumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT sha ll be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.

SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Niccolo De Luca, Telephone: (510) 835-9050, Email: [email protected], as the CONSULTANT’s Project Manager to have supervisory responsibility for th e performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager 








 



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and the assignment of any key ne w or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CO NSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.

CITY’s Project Manager is Chantal Cotton Gaines, City Manager’s Office, 250 Hamilton Avenue, 7th Floor, Palo Alto, CA, 94301, Telephone: (650) 329-2572, Email:

[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.

SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches , photographs, plans, reports, specifications, computations, models, recordings , data, documents, and other mate rials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to c opyright or other intellectual property rights in favor of CITY. Neither CONS ULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Ma nager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.

SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation r ecords demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.

SECTION 16. INDEMNITY.

16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, empl oyees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.

16.2. Notwithstanding the above, nothing in th is Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, 








 



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or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.

16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.

SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stat ed. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

SECTION 18. INSURANCE.

18.1. CONSULTANT, at its sole cost and e xpense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.

18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-: VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.

18.3. Certificates evidencing such in surance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or m odification within two (2) busines s days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be re sponsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.

18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstan ding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any dama ge, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. 








 



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SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.

19.1. The City Manager may suspend the pe rformance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminat e this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.

19.2. In event of suspension or termina tion, CONSULTANT will deliver to the City Manager on or before the ef fective date in the notice of su spension or termination, any and all work product, as detailed in Section 14 (Owner ship of Materials), whet her or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).

19.3. In event of suspension or termina tion, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only fo r that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of hi s/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.

19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).

SECTION 20. NOTICES.

All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Pr oject Manager at the address of CONSULTANT recited on the first page of this Agreement.

CONSULTANT shall provide written notice to CITY of any change of address. 








 



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SECTION 21. CONFLICT OF INTEREST.

21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.

21.2. CONSULTANT further covenants th at, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.

CONSULTANT certifies that no person who has or will have any financia l interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.

21.3. If the CONSULTANT meets the definiti on of a “Consultant” as defined by the Regulations of the Fair Political Prac tices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.

SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.

22.1. As set forth in Palo Alto Muni cipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing stat us, marital status, familial status , weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section

2.30.510 of the Palo Alto Municipa l Code relating to Nondiscr imination Requirements and the penalties for violation thereof and agrees to m eet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services an d other activities provide d by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.

SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies wh ich are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In pa rticular, CONSULTANT shall comply with the following Zero Waste requirements:









 



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(a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CI TY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on be half of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.

CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundari es of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.

SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminat e without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.

26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the Californi a Labor Code and California C ode of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction pr oject of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demo lition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).

SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Wo rks Project” means the erection, construction, 








 



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alteration, repair, or imp rovement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per Calif ornia Public Contract Code Section 9204, for Public Works Projects, certain cl aims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

This Project is not a 9204 Public Works Project.

SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY unde r this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appr opriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to th e extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.

28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” a bout a California resident as de fined in Civil Code Section 1798 et seq., as amended from time to time) and mate rials, in any form or media, tangible or intangible, provided or otherw ise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documenta tion: (i) was publicly known at the time it was provided or has s ubsequently become publicly known ot her than by a breach of this Agreement; (ii) was rightfully in CONSULT ANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.

28.3. Notwithstanding the foregoing, CONSU LTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.

28.4. CONSULTANT will notify City promp tly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information c onsists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.

28.5. Prior to or upon termination or expiration of this Agreement, 








 



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CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.

28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.

SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by Ca lifornia law, without regard to its conflict of law provisions.

29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of Californi a in the County of Santa Clara, State of California.

29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to rec over an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.

29.4. This Agreement, including all exhibits , constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations , representations, statements a nd undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.

29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.

29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSUL TANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.

29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.

29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.

29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.









 



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SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incor porated into this Agreement by reference as though fully set forth herein:

EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.









 



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CONTRACT NO. C3183770 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
TOWNSEND PUBLIC AFFAIRS, INC.

By:_________________________________
Name: Christopher Townsend
Title: President









 



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EXHIBIT A

SCOPE OF SERVICES
CONSULTANT will provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.

CONSULTANT will represent CITY in all federal and state legislative advocacy matters including grant seeking and funding advocacy. CONSULTANT will also assist the City in the follow up requirements necessary for grants the City successfully obtains. The CONSULTANT'S objective will be to execute a comprehensive legislative strategy on behalf of CITY.

CONSULTANT will not attempt to achieve the CITY'S goals while disadvantaging another entity, city, or county. When possible, CONSULTANT will work towards win-win scenarios. In order to achieve the CITY'S objectives, advocacy must encompass an understanding of all matters related to the CITY'S legislative program.

Task 1: State Legislative Advocacy Services and Deliverables CONSULTANT will continue to utilize the following strategic and comprehensive approach to provide state legislative advocacy services to the City. The deliverables for state legislative advocacy services are embedded within the scope below.

CONSULTANT will advocate LQ6DFUDPHQWRon behalf of the CityRI3DOR$OWR. These efforts will include:

1. Conduct Detailed Orie ntation: CONSULTANT will utilize a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

2. Develop Legislative Strate gy: Utilizing the information gathered during the onboarding process and work the City has done in recent years, CONSULTANT will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration.

3. Implement the Legislative Strategy: CONSULTANT will advocate for the City’s legislative agenda utilizing the following methods:

4. Build and Strengthen Relevant Relationships: CONSULTANT has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.

These relationships include:
a. City Legislative Delegation (State Senator and State Assembly member) b. Governor’s Administration and Agency Leadership









 



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c. State Legislative Leadership
d. Key Legislative Committees
i. Senate Budget Committee
ii. Assembly Budget Committee
iii. Senate Governance and Finance Committee
iv. Assembly Local Government Committee
v. Senate Housing Committee
vi. Assembly Housing and Community Development Committee

5. Leverage Relationships for Strategic Advocacy Plan: CONSULTANT will engage various techniques to leverage its network of key relationships on behalf of the City:
a. Schedule meetings for the City to discuss relevant legislation b. Prepare all briefing materials and talking points for the City c. Brief legislative offices and stakeholders on the City’s legislative agenda d. Follow-up on meetings to ensure commitments and deliverables are being met

6. Coordinate Advocacy Trips: CONSULTANT will work with the City to coordinate advocacy trips to Sacramento to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda. Furthermore, whenever possible, CONSULTANT will also schedule site visits by legislators to the City.

7. Track Legislation: CONSULTANT will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.

8. CONSULTANT will ensure that the City receives relevant information in a timely manner on such legislation.

9. Craft Testimony and Position Letters: CONSULTANT will prepare and submit written and verbal testimony regarding legislation relevant to the City.

10. CONSULTANT will also draft and deliver position letters to legislators and key officials on specific bill language.

11. Draft Bill Language: CONSULTANT will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.

12. State Budget Funding Opportunities: In an effort to maximize state funding, CONSULTANT will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget.

13. CONSULTANT will coordinate with the City to develop supporting materials for the budget request.










 



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14. CONSULTANT will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.

15. Strategic Communications Guidance: As directed, CONSULTANT advocates will recommend strategic media strategies to improve the image of the City in the state and effectively communicate the City’s policy priorities and positions to a broad audience as needed. Examples include advice on Op-Ed materials, strategizing with media outlets for visits with the City’s legislative delegations, and delivering state and local responses to legislative issues.

16. Provide Progress Reports: CONSULTANT will confer regularly with the City on our activities.

17. CONSULTANT will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses.

18. In addition to written reports, CONSULTANT will be available to the City for conference calls, in-person briefings, and meetings.

19. Prepare and File Lobbying Disclosure Reports: CONSULTANT will prepare and file, on behalf of the City, all applicable state lobbying disclosure reports.

Task 2: Federal Legislative Advocacy Services and Deliverables

The deliverables for federal legislative advocacy services are embedded within the scope below.

CONSULTANT will utilize the following strategic and comprehensive approach to provide federal legislative advocacy services to the City.

1. Conduct Detailed Orientation: CONSULTANT will utilize a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

2. Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, CONSULTANT will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Washington, DC. This blueprint will be shared with key stakeholders in the Congress and the Presidential Administration.

3. Implement the Legislative Strategy: CONSULTANT will advocate for the City’s legislative agenda utilizing the following activities (not limited to)

4. Leverage Relationships for Strategic Advocacy Plan: CONSULTANT will engage 








 



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various techniques to leverage our network of key relationships on behalf of the City:

a. Schedule meetings for the City to discuss relevant legislation b. Prepare all briefing materials and talking points for the City c. Brief legislative offices and stakeholders on the City’s legislative agenda d. Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate

5. Advocacy Trips: CONSULTANT will work with the City to coordinate advocacy trips to Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda. Furthermore, whenever possible, CONSULTANT will also schedule site visits by legislators to the City.

6. Track Legislation: CONSULTANT will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.

7. CONSULTANT will also track other initiatives occurring in Washington, DC that could impact the City (e.g., new programs with local impacts; relevant funding opportunities; etc.)

8. Craft Testimony and Position Letters: CONSULTANT will prepare and submit written and verbal testimony regarding legislation or initiatives relevant to the City.

9. CONSULTANT will also draft and deliver position letters to relevant agencies and legislators.

10. Draft Bill Language: In partnership with legislators, CONSULTANT will draft language and amendments for relevant legislation, as relevant and feasible to promote the City’s agenda.

11. Federal Earmark / Community Project Funding Opportunities: In an effort to maximize federal funding, CONSULTANT will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process.

12. CONSULTANT will coordinate with the City to develop supporting materials for the earmark request.

13. CONSULTANT will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.

14. Build and Strengthen Relevant Relationships: CONSULTANT has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.

These relationships will include:










 



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a. City Legislative Delegation (US Senators and Representative representing Palo Alto area)
i. Administration
ii. White House Office of Intergovernmental Affairs
iii. Department of Agriculture
iv. Department of Commerce
v. Department of Education
vi. Department of Homeland Security
vii. Department of Housing and Urban Development
viii. Department of the Interior
ix. Department of Justice
x. Department of Labor
xi. Department of Transportation
xii. Army Corps of Engineers
xiii. Bureau of Reclamation
xiv. Economic Development Administration
xv. Environmental Protection Agency
xvi. Fish and Wildlife Service
xvii. National Marine Fisheries Service
xviii. National Park Service

b. Federal Agencies
i. Army Corps of Engineers
ii. Bureau of Justice Assistance
iii. Community Oriented Policing Services (COPS)
iv. Employment and Training Administration
v. Environmental Protection Agency
vi. Federal Emergency Management Agency
vii. Federal Highway Administration
viii. Federal Railroad Administration
ix. National Endowment for the Arts
x. National Park Service
xi. US Economic Development Administration
xii. US Fish and Wildlife Service
xiii. US Forest Service

c. House Appropriations Committee
d. Energy and Commerce Committee
e. House Ways and Means Committee
f. Transportation and Infrastructure Committee
g. Municipal Organizations
h. US Conference of Mayors
i. National League of Cities
j. Mayors and CEOs for U.S. Housing Investment









 



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k. Mayors and CEOs for U.S. Housing Investments

15. Provide Progress Reports: CONSULTANT will confer regularly with the City on our activities.

16. CONSULTANT will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, CONSULTANT will be available to the City for conference calls, in- person briefings, and meetings.

17. Prepare and File Lobbying Disclosure Reports: CONSULTANT will prepare and file, on behalf of the City, all applicable federal lobbying disclosure reports.

Task 3: Grant Support Services

Task 3A: Funding Needs Assessment and Citywide Prioritization

1. Conduct Detailed Orientation: CONSULTANT will utilize a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to develop a strategic plan that is tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

2. Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, CONSULTANT will coordinate with CITY to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will identify City projects, outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. The plan will also identify key criteria or restrictions that will help the City assess the cost/benefit ratio for each grant opportunity.

3. Identify, Research, and Monitor Grant Funding Opportunities: CONSULTANT will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects.

4. CONSULTANT will Share these opportunities with CITY for further assessment and determination if a grant application is warranted. CITY will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise and to assist with workload management and prioritization.

Deliverables for Task 3A:

1. Meet with City staff to ascertain needs and goals










 



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2. Conduct background research as requested by City

3. Provide advice on best grants for City to pursue, based on Strategic Funding Plan and grant requirements and guidelines

4. Regular communication via email, phone, or video conference regarding upcoming grant opportunities.

5. Strategic Funding Plan and Grant Matrix of Funding Programs that includes elements outlined above

Task 3B: Grant Writing Services

1. Community Outreach: CONSULTANT will assist CITY with community outreach required for grant applications by ensuring the City is aware of specific requirements, help develop materials that capture all elements required by the grant, and compile the data following the outreach to include in the application.

2. Grant Application Development and Submittal: CONSULTANT will develop, draft, submit, and follow up on each City grant application through the following process:
a. Establishment of Clear Accountabilities: To avoid confusion and inefficient and to ensure that CITY is burdened as little as possible as CONSULTANT pursues a grant opportunity, CONSULTANT will coordinate with CITY to ensure the assignment of responsibilities and tasks are made clear. b. Provide Overview of Full Application Requirements: To ensure that the program is a strong fit for the City’s project, CONSULTANT will provide CITY with a detailed overview of the requirements for each grant program and corresponding application. This will include:
i. Application timeline
ii. Eligible project types
iii. Funding availability and award maximum and minimums iv. List of application components, including proposal questions and any required
v. Attachments

c. Assemble Project Background and Details: CONSULTANT will conduct a detailed informational interview with City staff most involved with each project to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.

d. Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost benefit analyses, CONSULTANT will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the 








 



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application.

e. Draft Written Proposal: CONSULTANT will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.

f. Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, CONSULTANT will provide CITY with a full draft for review and feedback. CONSULTANT will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain CITY’S approval for the final version of the application prior to submission.

g. Submit Completed Application: CONSULTANT will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, CITY will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.

h. CONSULTANT will also obtain a receipt for proof of submission and provide a final copy of all submitted application documents to CITY.

3. Funding Advocacy: Throughout grant application process CONSULTANT will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and well positioned for funding.

Deliverables for Task 3B:

1. Develop/draft, finalize, and submit all sections of grant applications, with direction of CITY.

2. Monthly reports that advise CITY of status of grants in progress, grants submitted, and grants awarded.

3. Ensure timelines for grant submittal are met.

Task 3C: Grant Compliance Support

1. Post-Grant Submittal Advocacy: CONSULTANT will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and 








 



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distributing them to legislators for their consideration. In addition, CONSULTANT will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.

2. Post-Award Grant Administration and Compliance: CONSULTANT will also assist, as needed, with post-award administration and compliance for all grant applications submitted by CONSULTANT on behalf of CITY. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.

a. On an as needed basis, CONSULTANT will provide post-award grant administration and compliance technical expertise and/or support, as agreed upon between the CONSULTANT and CITY for grants not submitted by CONSULTANT.
b. Scope and fees for these ADDITIONAL SERVICES will be agreed upon by CONSULTANT and CITY and a TASK ORDER issued.

3. Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, CONSULTANT will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.

4. Provide Monthly Progress Reports: CONSULTANT will confer regularly with CITY on grant opportunities, progress reports, and other activities. CONSULTANT will provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy, and a summary of activities taken during the previous month and the status. In addition to written reports, CONSULTANT will be available to the City for conference calls, in person briefings, and meetings.

Deliverables for Task 3C:

1. Monthly reports that detail grant compliance activities, current and upcoming, and state and/or federal legislative advocacy work/support.










 



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EXHIBIT A-1

PROFESSIONAL SERVICES TASK ORDER

CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO.

OR PURCHASE ORDER REQUISITION NO. ( AS APPLICABLE)

1A. MASTER AGREEMENT NO. ( MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:

2. CONSULTANT NAME:

3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________

7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:

SERVICES AND DELIVERABLES TO BE PROVIDED

SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________

I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

I hereby acknowledge receipt and acceptance of this
Task Order and warrant that I have authority to
sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________










 



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EXHIBIT B

SCHEDULE OF PERFORMANCE

CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.

Milestones
Completion
Number of Days/Weeks (as specified below)
from NTP
Task 1: State Legislative Services As directed by the City Project Manager within the term of the agreement.

Task 2: Federal Legislative Services As directed by the City Project Manager within the term of the agreement.

Task 3: Grant Support and Compliance
Services Includes A, B and C below
A. Funding Needs Assessment and Citywide
Prioritization, as described in Exhibit “A”
As directed by City Project Manager within the
term of agreement.

B. Grant Writing Services, as described in
Exhibit “A”
As directed by City Project Manager within the
term of agreement.

C. Grant Compliance Support, as described
in Exhibit “A”
As directed by City Project Manager within the
term of agreement.

Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only a pplies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)

The schedule of performance shall be as provided in the approved Task Or der, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.










 



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EXHIBIT C

COMPENSATION

CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.

CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not ex ceed the amounts set forth in Section 4 of this Agreement.

CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would resu lt in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.

BUDGET SCHEDULE

TASK NOT TO EXCEED AMOUNT
Task 1
(Grant Consulting and Compliance Services) $144,000.00

Task 2
(Federal Legislative Advocacy Services) $216,000.00

Task 3
(State Legislative Advocacy Services) $342,200.00

Less: Discount for Bundled Cost Structure
(Tasks 1, 2, and 3) ($144,000.00)

Sub-total for Services $558,000.00
Reimbursable Expenses (if any) $0.00
Total for Services and Reimbursable Expenses $558,000.00 Additional Services (if any, per Section 4) $0.00
Maximum Total Compensation $558,000.00

REIMBURSABLE EXPENSES

CONSULTANT’S ordinary business expens es, such as administrative, overhead, administrative support time/ove rtime, information systems, software and hardware, photocopying, telecommunications (telephone, in ternet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.









 



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Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.

A. Travel outside the San Francisco Bay Ar ea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.

B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.

All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.










 



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EXHIBIT C-1

SCHEDULE OF RATES

CONSULTANT’s schedule of rates is as follows:

SERVICE/FEE DESCRIPTION OF SERVICES

OPTION 1: State Legislative Advocacy Services

$9,500 Per Month*
*The monthly fee includes all reasonable business
and travel expenses
• Conduct Detailed Orientation
• Develop Legislative Strategy
• Implement the Legislative Strategy
• Build and Strengthen Relevant Relationships
• Leverage Relationships for Strategic Advocacy Plan
• Coordinate Advocacy Trips
• Track Legislation
• Craft Testimony and Position Letters
• Draft Bill Language
• State Budget Funding Opportunities
• Provide Progress Reports
• Prepare and File Lobbying Disclosure Reports

OPTION 2: Federal Legislative Advocacy
Services

$6,000 Per Month*
*The monthly fee includes all reasonable business
and travel expenses
• Conduct Detailed Orientation
• Develop Legislative Strategy
• Implement the Legislative Strategy
• Build and Strengthen Relevant Relationships
• Leverage Relationships for Strategic Advocacy Plan
• Coordinate Advocacy Trips
• Track Legislation
• Craft Testimony and Position Letters
• Draft Bill Language
• Federal Budget Funding Opportunities
• Provide Progress Reports
• Prepare and File Lobbying Disclosure Reports

OPTION 3: Grant Consulting Services

$4,000 Per Month*
*The monthly fee includes all reasonable business
and travel expenses
• Craft Strategic Funding Plan
• Identify, Research, and Monitor Grant Funding Opportunities • Grant Application Development and Submittal
• Establishment of Clear Accountabilities
• Provide Overview of Full Applications Requirements
• Assemble Project Background and Details
• Coordinate Technical Project Details
• Draft Written Proposal
• Incorporate Feedback to Finalize Proposal
• Submit Completed Application
• Funding Advocacy
• Post-Grant Submittal Advocacy
• Post-Award Grant Administration and Compliance
• Comprehensive Follow-Up on Unsuccessful Applications
Total Standard Cost for State and Federal Advocacy and Grant Consulting Services $19,500 Per Month
OPTION 4: Bundled Service Discount for State and Federal Advocacy and Grant Consulting Services $15,500 Per Month
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RFP COST PROPOSAL FORM
Scop
e
Labor Categories Est. Hours
Per Month*
Hourly
Rate**
Extended
Rate***
Task 1 - Grant
Consulting and
Compliance Services
• Niccolo De Luca,
Vice President/Project
Manager
7-10 $300 $300
• Alex Gibbs, Grants Manager 30-40 $275 $275
• Christine Rose, Senior Associate 20-40 $250 $250

TOTAL NOT TO
EXCEED, TASK 1

Do not exceed amounts commensurate with monthly fee proposals:
$4,000 per month/$48,000 annually

Task 2 - Federal
Legislative
Advocacy Services
• Niccolo De Luca,
Vice President/Project
Manager
30-50 $300 $300
• Ben Goldeen, Federal Advocacy
Manager
20-25 $275 $275
• Sammi Maciel, Federal Associate 10-20 $225 $225
• Christopher
Townsend,
President/Strategic
Advisor
10 $350 $350

TOTAL NOT TO
EXCEED, TASK 2

Do not exceed amounts commensurate with monthly fee proposals:
$6,000 per month/$72,000 annually

Task 3 - State
Legislative
Advocacy Services
• Niccolo De Luca,
Vice President/Project
Manager

30-50

$300

$300
• Andres Ramirez, Senior Associate 10-15 $275 $275
• Carly Shelby, Associate 20-30 $225 $225
• Christopher
Townsend,
President/Strategic
Advisor
10 $350 $350

TOTAL NOT TO
EXCEED, TASK 3

Do not exceed amounts commensurate with monthly fee proposals:
$9,500 per month/$114,000 annually

TOTAL NOT TO

EXCEED (TASKS
1-3)

Total standardized cost structure:
$19,500 per month/$234,000 annually

Total bundled cost structure:
$15,500 per moth/$186,000 annually
*Hours subject to vary depending on time of year.
**TPA recommends the City select our all-inclusive monthly fee option as a more cost-effective option than billing by the hour.
***Hourly rates include all reasonable business and travel costs.

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EXHIBIT D

INSURANCE REQUIREMENTS

CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, S HALL FOR THE TERM OF THE

CONTRACT OBTAIN AND MAINTAIN INSURANCE IN TH E AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RAT ING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

STATUTORY STATUTORY STATUTORY
YES

GENERAL LIABILITY, INCLUDING

PERSONAL INJURY, BROAD FORM

PROPERTY DAMAGE BLANKET

CONTRACTUAL, AND FIRE LEGAL

LIABILITY

BODILY INJURY

PROPERTY DAMAGE

BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000

$1,000,000

$1,000,000

$1,000,000

$1,000,000

$1,000,000

YES

AUTOMOBILE LIABILITY,

INCLUDING ALL OWNED, HIRED,

NON-OWNED

BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000

$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000

YES

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE (WHEN

APPLICABLE), AND NEGLIGENT

PERFORMANCE
ALL DAMAGES $1,000,000
YES

THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST

AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM

OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.

II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569

III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:

A. PRIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,

INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR

CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.









 



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B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER

THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE

INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE

INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON

OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:

HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569

OR

HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP










 



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