CITY COUNCIL
Special Meeting
Monday, April 10, 2023
Council Chambers & Hybrid
5:00 PM
Remote Call In Location : Hewing Hotel Address: 300 Washington Ave., Minneapolis, MN 55401
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting is being called to order in recognition of National Arab American Heritage Month.
SPECIAL ORDERS OF THE DAY
1. Proclamation Honoring Public Safety Telecommunicators’ Week April 9‐15, 2023
2. Palo Alto Day Recognitions
STUDY SESSION
3. Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for Calendar Year 2023
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT
CONSENT CALENDAR
4. Approval of Minutes from March 27, 2023 Meeting
5. SECOND READING: Adopt an Ordinance to Expand the Human Relations Commission (HRC) from Five to Seven Members; CEQA status – not a project (FIRST READING: March 27, 2023 PASSED 7‐0)
6. Approval of Contract Amendment No. 1 to Contract No. S20175534B with HdL Coren & Cone in the Amount of $8,400 and to Extend Term Six Months Ending September 2023 for Property Tax Information and Reporting Services; CEQA Status – Not a Project
7. Agreement with Stanford University to provide $744,000 in funding for expanded Palo Alto Link (PAL) on‐demand transit services; Contract Amendment No. 1 with Nomad Transit, LLC (Via) to increase total contract amount not to exceed $3,244,000 for up to two years; and Associated Budget Amendment in the General Fund. CEQA status – not a project.
8. Approval of a Purchase Order with The Public Restroom Company in the Amount of $596,556 to Provide and Install Modular Restroom Buildings at Rinconada and Ramos Parks for the Rinconada Park Improvements Capital Improvement Program Project (PE‐ 08001) and Park Restroom Installation Capital Improvement Program Project (PG‐19000), including $542,324 for basic services and $54,232 for additional services and Approval of Budget Amendments in the Parks Development Impact Fee Fund and Capital Improvement Fund; CEQA status – Section 15303 exempt
9. Approval of an Updated Residential Winter Gas and Electric Rebate Program to Mitigate Extraordinarily High January 2023 Customer Bills, Including Repeal and Replacement of the Gas Rebate Program and Budget Appropriation adopted on March 27, 2023 and Approval of Budget Amendments in the General Fund, Electric Fund, and Gas Fund, at a Total Cost of up to $2,468,385; CEQA: Not a project under CEQA Guidelines sections 15378(b)(4) and (5).
CITY MANAGER COMMENTS
ACTION ITEMS
10. Approval of the Electric Utility Construction Services Contract With VIP Powerline Corp. (C23185980) for a Total Not‐to‐Exceed Amount of $20,000,000 Over Five Years; CEQA status – exempt (existing facilities, replacement or reconstruction)
11. Consideration of additional 2023 Council Priority Objectives
12. Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February 13, 2023)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. In person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
Click to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833 AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329‐2550 (Voice) 48 hours or more in advance.
1 Special Meeting April 10, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.
CITY COUNCIL
Special Meeting
Monday, April 10, 2023
Council Chambers & Hybrid
5:00 PM
Remote Call In Location : Hewing Hotel Address: 300 Washington Ave., Minneapolis, MN 55401
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting is being called to order in recognition of National Arab American Heritage Month.
SPECIAL ORDERS OF THE DAY
1. Proclamation Honoring Public Safety Telecommunicators’ Week April 9‐15, 2023
2. Palo Alto Day Recognitions
STUDY SESSION
3. Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for Calendar Year 2023
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT
CONSENT CALENDAR
4. Approval of Minutes from March 27, 2023 Meeting
5. SECOND READING: Adopt an Ordinance to Expand the Human Relations Commission (HRC) from Five to Seven Members; CEQA status – not a project (FIRST READING: March 27, 2023 PASSED 7‐0)
6. Approval of Contract Amendment No. 1 to Contract No. S20175534B with HdL Coren & Cone in the Amount of $8,400 and to Extend Term Six Months Ending September 2023 for Property Tax Information and Reporting Services; CEQA Status – Not a Project
7. Agreement with Stanford University to provide $744,000 in funding for expanded Palo Alto Link (PAL) on‐demand transit services; Contract Amendment No. 1 with Nomad Transit, LLC (Via) to increase total contract amount not to exceed $3,244,000 for up to two years; and Associated Budget Amendment in the General Fund. CEQA status – not a project.
8. Approval of a Purchase Order with The Public Restroom Company in the Amount of $596,556 to Provide and Install Modular Restroom Buildings at Rinconada and Ramos Parks for the Rinconada Park Improvements Capital Improvement Program Project (PE‐ 08001) and Park Restroom Installation Capital Improvement Program Project (PG‐19000), including $542,324 for basic services and $54,232 for additional services and Approval of Budget Amendments in the Parks Development Impact Fee Fund and Capital Improvement Fund; CEQA status – Section 15303 exempt
9. Approval of an Updated Residential Winter Gas and Electric Rebate Program to Mitigate Extraordinarily High January 2023 Customer Bills, Including Repeal and Replacement of the Gas Rebate Program and Budget Appropriation adopted on March 27, 2023 and Approval of Budget Amendments in the General Fund, Electric Fund, and Gas Fund, at a Total Cost of up to $2,468,385; CEQA: Not a project under CEQA Guidelines sections 15378(b)(4) and (5).
CITY MANAGER COMMENTS
ACTION ITEMS
10. Approval of the Electric Utility Construction Services Contract With VIP Powerline Corp. (C23185980) for a Total Not‐to‐Exceed Amount of $20,000,000 Over Five Years; CEQA status – exempt (existing facilities, replacement or reconstruction)
11. Consideration of additional 2023 Council Priority Objectives
12. Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February 13, 2023)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. In person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
Click to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833 AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329‐2550 (Voice) 48 hours or more in advance.
2 Special Meeting April 10, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.
CITY COUNCIL
Special Meeting
Monday, April 10, 2023
Council Chambers & Hybrid
5:00 PM
Remote Call In Location : Hewing Hotel Address: 300 Washington Ave., Minneapolis, MN 55401
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting is being called to order in recognition of National Arab American Heritage Month.
SPECIAL ORDERS OF THE DAY
1. Proclamation Honoring Public Safety Telecommunicators’ Week April 9‐15, 2023
2. Palo Alto Day Recognitions
STUDY SESSION
3. Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for Calendar Year 2023
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT
CONSENT CALENDAR
4. Approval of Minutes from March 27, 2023 Meeting
5. SECOND READING: Adopt an Ordinance to Expand the Human Relations Commission (HRC) from Five to Seven Members; CEQA status – not a project (FIRST READING: March 27, 2023 PASSED 7‐0)
6. Approval of Contract Amendment No. 1 to Contract No. S20175534B with HdL Coren & Cone in the Amount of $8,400 and to Extend Term Six Months Ending September 2023 for Property Tax Information and Reporting Services; CEQA Status – Not a Project
7. Agreement with Stanford University to provide $744,000 in funding for expanded Palo Alto Link (PAL) on‐demand transit services; Contract Amendment No. 1 with Nomad Transit, LLC (Via) to increase total contract amount not to exceed $3,244,000 for up to two years; and Associated Budget Amendment in the General Fund. CEQA status – not a project.
8. Approval of a Purchase Order with The Public Restroom Company in the Amount of $596,556 to Provide and Install Modular Restroom Buildings at Rinconada and Ramos Parks for the Rinconada Park Improvements Capital Improvement Program Project (PE‐ 08001) and Park Restroom Installation Capital Improvement Program Project (PG‐19000), including $542,324 for basic services and $54,232 for additional services and Approval of Budget Amendments in the Parks Development Impact Fee Fund and Capital Improvement Fund; CEQA status – Section 15303 exempt
9. Approval of an Updated Residential Winter Gas and Electric Rebate Program to Mitigate Extraordinarily High January 2023 Customer Bills, Including Repeal and Replacement of the Gas Rebate Program and Budget Appropriation adopted on March 27, 2023 and Approval of Budget Amendments in the General Fund, Electric Fund, and Gas Fund, at a Total Cost of up to $2,468,385; CEQA: Not a project under CEQA Guidelines sections 15378(b)(4) and (5).
CITY MANAGER COMMENTS
ACTION ITEMS
10. Approval of the Electric Utility Construction Services Contract With VIP Powerline Corp. (C23185980) for a Total Not‐to‐Exceed Amount of $20,000,000 Over Five Years; CEQA status – exempt (existing facilities, replacement or reconstruction)
11. Consideration of additional 2023 Council Priority Objectives
12. Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February 13, 2023)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. In person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
Click to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833 AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329‐2550 (Voice) 48 hours or more in advance.
3 Special Meeting April 10, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.
CITY COUNCIL
Special Meeting
Monday, April 10, 2023
Council Chambers & Hybrid
5:00 PM
Remote Call In Location : Hewing Hotel Address: 300 Washington Ave., Minneapolis, MN 55401
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting is being called to order in recognition of National Arab American Heritage Month.
SPECIAL ORDERS OF THE DAY
1. Proclamation Honoring Public Safety Telecommunicators’ Week April 9‐15, 2023
2. Palo Alto Day Recognitions
STUDY SESSION
3. Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for Calendar Year 2023
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT
CONSENT CALENDAR
4. Approval of Minutes from March 27, 2023 Meeting
5. SECOND READING: Adopt an Ordinance to Expand the Human Relations Commission (HRC) from Five to Seven Members; CEQA status – not a project (FIRST READING: March 27, 2023 PASSED 7‐0)
6. Approval of Contract Amendment No. 1 to Contract No. S20175534B with HdL Coren & Cone in the Amount of $8,400 and to Extend Term Six Months Ending September 2023 for Property Tax Information and Reporting Services; CEQA Status – Not a Project
7. Agreement with Stanford University to provide $744,000 in funding for expanded Palo Alto Link (PAL) on‐demand transit services; Contract Amendment No. 1 with Nomad Transit, LLC (Via) to increase total contract amount not to exceed $3,244,000 for up to two years; and Associated Budget Amendment in the General Fund. CEQA status – not a project.
8. Approval of a Purchase Order with The Public Restroom Company in the Amount of $596,556 to Provide and Install Modular Restroom Buildings at Rinconada and Ramos Parks for the Rinconada Park Improvements Capital Improvement Program Project (PE‐ 08001) and Park Restroom Installation Capital Improvement Program Project (PG‐19000), including $542,324 for basic services and $54,232 for additional services and Approval of Budget Amendments in the Parks Development Impact Fee Fund and Capital Improvement Fund; CEQA status – Section 15303 exempt
9. Approval of an Updated Residential Winter Gas and Electric Rebate Program to Mitigate Extraordinarily High January 2023 Customer Bills, Including Repeal and Replacement of the Gas Rebate Program and Budget Appropriation adopted on March 27, 2023 and Approval of Budget Amendments in the General Fund, Electric Fund, and Gas Fund, at a Total Cost of up to $2,468,385; CEQA: Not a project under CEQA Guidelines sections 15378(b)(4) and (5).
CITY MANAGER COMMENTS
ACTION ITEMS
10. Approval of the Electric Utility Construction Services Contract With VIP Powerline Corp. (C23185980) for a Total Not‐to‐Exceed Amount of $20,000,000 Over Five Years; CEQA status – exempt (existing facilities, replacement or reconstruction)
11. Consideration of additional 2023 Council Priority Objectives
12. Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February 13, 2023)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. In person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
Click to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833 AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329‐2550 (Voice) 48 hours or more in advance.
4 Special Meeting April 10, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.
1 7
3 6
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: Police
Meeting Date: April 10, 2023
Report #:2302-0989
TITLE
Proclamation Honoring Public Safety Telecommunicators’ Week April 9-15, 2023
RECOMMENDATION
That the Council issue the proclamation honoring Public Safety Telecommunicators’ Week April 9-15, 2023.
ATTACHMENTS
Attachment A: Telecommunicator's Week Proclamation
APPROVED BY:
Andrew Binder
Item 1
Item 1 Staff Report
Item 1: Staff Report
Pg.
1 Packet Pg. 5 of 210
______________________________
Lydia Kou
Mayor
Proclamation
NATIONAL PUBLIC SAFETY
TELECOMMUNICATOR’S WEEK
April 9-15, 2023
WHEREAS, emergencies can occur at any time requiring police, fire, or emergency medical services; and WHEREAS, when an emergency occurs the prompt response of law enforcement, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the qu ality and accuracy of information obtained from citizens who telephone the City of Palo Alto Communications Center; and WHEREAS, public safety dispatchers are the first and most critical contact our citizens have with emergency services; and
WHEREAS, public safety dispatchers are the single vital link for our law enforcement and fire personnel by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, public safety dispatchers of the City of Palo Alto Communications Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; and
NOW, THEREFORE, I, Lydia Kou, Mayor of the City of Palo Alto on behalf of the entire City Council do hereby proclaim and call upon all citizens of Palo Alto to observe the week of April 9-15, 2023, as “National Public Safety Telecommunicator’s Week” and join in honoring the men and women whose diligence and professionalism keep our city and citizens safe.
Presented: April 10, 2023
Item 1
Telecommunicator
Item 1: Staff Report Pg. 2 Packet Pg. 6 of 210
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meet
ing Date: April 10, 2023
Report #:2303-1233
TITL
E
Palo Alto Day Recognitions
RE
COMMENDATION
This Special Order is to recognize the following notable individuals that contributed to the founding of Palo Alto.
Sarah Wallis
Anna P. Zschokke1
Timothy Hopkins
Arthur Bridgman (AB) Clark
John Fletcher Byxbee
John F. Parkinson
Juana Briones
Prof. Charles David Marx2
Prof. Charles B. Wing 3
AT
TACHMENTS
None – Proclamations are linked via footnote
1 Proclamation for Anna P. Zschokke https://www.cityofpaloalto.org/files/assets/public/city- clerk/proclamations/anna-p.-zschokke-proclamation.pdf
2 Proclamation for Professor Charles David Marx https://www.cityofpaloalto.org/files/assets/public/city- clerk/proclamations/charles-david-marx-proclamation.pdf 3 Proclamation for Professor Charles B. Wing https://www.cityofpaloalto.org/files/assets/public/city- clerk/proclamations/charles-benjamin-wing-proclamation.pdf Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 1 Packet Pg. 7 of 210
1 6
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: STUDY SESSION
Lead Department: City Manager
Meeting Date: April 10, 2023
Report #: 2302-0935
TITLE
Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for Calendar Year 2023
RECOMMENDATION
This item is a study session, and no action is requested. Staff recommends that the Council receive a staff report and provide feedback to staff on community engagement activities planned to implement the City’s workplans for calendar year 2023.
EXECUTIVE SUMMARY
This report provides a summary of community engagement activities planned and underway to further the City’s workplans for the calendar year ahead. This update seeks to ensure that ongoing activities are aligned with the Council’s expectations for community engagement and advancing workplan priorities.
The report offers both 2022 key achievements (Attachment A) and work planned for calendar year 2023 to build community awareness, enhance civic participation and receive stakeholder input on City decision-making and programs. Approaches include town halls, community information sessions, office hours, neighborhood meetings, online surveys, polls, and digital engagement platforms. These efforts fall into three focus areas:
•topic-based community engagement,
•open-ended engagement such as listening sessions, and
•follow-up/closing the loop on issues raised by community members.
It should be noted that this scope of community engagement is a significant expansion from the approach described last year. In 2022, the second and third bullets above were not explicitly identified as focus areas. For this year’s workplan, staff believes it would be helpful to specifically identify and focus on these dimensions of community engagement.
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In addition to providing input on the overall alignment of the work provided within this staff report, the Council may want to discuss specific items such as the Neighborhood Town Hall format and planning process, City hosted events as part of the community engagement workplan, and the Palo Alto Community Survey cadence (set annually).
BACKGROUND
Last March, staff presented an annual look-ahead sharing efforts planned and underway on community engagement that further the City’s workplans in calendar year 2022i. A key and new area of focus was the reimagined and retooled Neighborhood Town Halls effort. The City Council also directed that the Palo Alto Community Survey be funded annually instead of bi- annually with direction to execute a survey in calendar year 2022. Both bodies of work were initiated and accomplished.ii On January 28, 2023, the Council adopted a renewed set of priorities for calendar year 2023iii and approved an extensive set of objectives that further define projects and focus for the year ahead.iv As noted by the list in Attachment A, key achievements have helped inform Council decision-making, further 2022 Council priorities, enhance engagement and community input received, and build City/community connections and relationship building.
Approaches and methods that the City uses for engagement are broad and tailored to the audience, type of input sought, and timing available to gain the feedback to help inform decision-making. The City uses the International Association for Public Participation (IAP2) as a guide to structure community participation and align that participation with the type of input or feedback needed based on the project/issue:
•Inform: Fact sheets, webpages, blog posts, information sessions, open houses, frequently asked questions, and website feedback forms
o Specific example: The City’s website forms are one tool used with currently 115 active forms available on the website gaining input on various topics, such as City Manager Comments feedbackv
•Consult & Involve: Surveys, focus groups, questions and answer sessions, office hours, public meetings like community meetings, town halls, panel discussions, workshops, and polling
oSpecific example: OpenGov Online Survey vi: A forum to share feedback on specific issues, programs, projects and initiatives. The intended audience is resident-focused and includes an option for residents to follow the platform to obtain surveys via email as they are launched. Current surveys open or recently completed: University Streetscape and Visioning, Recreation Wellness Center, and Wilkie Bridge weather stripping.
•Collaborate & Empower: Working groups, ad hoc groups, feedback groups, boards, commissions and committee meetings, community advisory panels, advisory groups, digital engagement platforms, and voter ballot measures.
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o Specific examples: 2022 voter measures K and L. Business-specific and resident- specific committees on California Avenue/Ramona Street visioning. City Boards, Commissions and Committees.vii Palo Alto Digital Forum, an online participatory engagement to enable interaction on major initiatives like fiber and sustainability.viii
ANALYSIS
This report shares a set of community engagement strategies planned and underway that:
•Support the implementation of the City’s workplans
•Inform City Council decision-making
•Build community through listening and receiving and responding to feedback received •Enhance civic participation
As part of this report development, staff met with City Council Members to gain their thoughts on what community engagement looks like to them, areas of opportunity for the year ahead, and other items related to this body of work. Several ideas and thoughts are included in this staff report, while balancing staffing and resource limitations.
The City of Palo Alto maintains an extraordinary level of community engagement on specific topics as well as general engagement and ongoing communication on City programs, services and events. From a general engagement standpoint, the City has used several approaches to build community awareness, enhance civic participation and gain feedback. Approaches include town halls, community information sessions, office hours, neighborhood meetings, online surveys, polls, and digital engagement platforms.
Generally, these efforts fall into three focus areas of which the report is organized by:
1. Topic-based community engagement to help inform Council decision-making
2.General engagement such as listening sessions/opportunities that are open-ended
3. Follow-up, closing the loop on issues raised by community members Section 1. Topic-based community engagement planned to enhance civic participation City Council Priorities with Community Engagement Identified for the Calendar Year The following list offers a sample of community engagement items specific to implementing the City’s workplan and focused on topic-based engagement. It should be noted that each of the priorities listed also involve multiple City Council and committee discussions as well as other steps.
This summary is an illustration of the volume of communication tied to these efforts and the level of effort anticipated over the upcoming months to engage residents and other key stakeholders.
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Community Health and Safety
•Human Relations Commission survey to learn about the lived experience of Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI) in Palo Alto •Wellness/Recreation Center
•National Night Out
•Begin Fire Station 4 rebuild
•Palo Alto Link Pilot Program implementation
•Bike and Pedestrian Plan Development
•Rail Grade Separation Quiet Zone Study
•Rail Grade Separation selection of alternatives
•Dr. Martin Luther King Jr. & Coretta Scott King Artist Residency •Long term use of the Cubberley property
•Implement a strategy for provision and promotion of unleaded fuel at Palo Alto Airport •Engage the SFO Roundtable on SFO’s Ground Based Augmentation System project Economic Recovery & Transition
•Economic Development Strategy Development
•University Avenue Streetscape Design Project
•Car Free Streets – California Avenue and Ramona Street Housing for Social and Economic Balance
•Rental Registry and Renter Protection Outreach
•Revise Accessory Dwelling Unit (ADU) regulations
•Begin Homekey Palo Alto development
Climate Change & Natural Environment: Protection & Adaptation •Residential Home Electrification Strategy, including launching of the City’s Heat Pump Water Heater Program
•Commercial Electrification Strategy
•S/CAP Plan adoption/approval and implementation of the 3-year workplan •Earth Day at Rinconada Library and Palo Alto Reads series of events Budget /Fiscal Sustainability
•Public Hearings, Town Hall and Online Survey
•Stakeholder engagement and new business tax implementation Department-Specific Community Engagement Identified for the Calendar Year Many of these items listed below were reviewed as part of the Council discussion on Council priorities at their retreat on January 28, 2023, and as a follow-up to the retreat through the objectives adopted on February 13, 2023.
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This list is meant to show examples of policy issues and topics that are tied to department- specific work:
•Rental registry community meetings and outreach (Planning) •Downtown Housing Master Plan (Planning)
•Development of parking using parking in-lieu fees; potentially in conjunction with an affordable housing project (Planning/Transportation)
•Council certification of the North Ventura Coordinated Area Plan (NVCAP)CEQA document and Plan adoption is targeted for August 2023 (Planning) •Begin implementation of next phase of parklet regulations to the community (Planning/Public Works)
•Citywide retail zoning code changes (Planning)
•Housing Element adoption (Planning)
•Capital Improvement program engagement such as Charleston/Arastradero Corridor opening (Public Works)
•San Francisquito Creek JPA Neighborhood Workshop and Newell Road Bridge Replacement (Public Works)
•Changes to the revised Tree Protection Ordinance (Public Works) •Neighborhood traffic safety community outreach (Transportation) •Fiber Backbone Build Out (Utilities)
Section 2. Listening/Open Ended Engagement
The following list of examples are community engagement planned intended to be open ended and listening sessions.
•Neighborhood Town Halls: Hosted by two Council Members and Neighborhood leaders, a series of four community meetings in specific neighborhood groupings is planned this calendar year, to be held quarterly. The audience is intended to be neighborhood- specific and the topics are resident-focused. The second Neighborhood Town Hall was completed on Sunday, March 26, 2023 with the neighborhood areas of Greenmeadow, Greendell, Walnut Grove, Fairmeadow, Charleston Meadow, Charleston Garden, Charleston Village, Adobe Meadow, Meadow Park, and Greenhouse. •Community Satisfaction Survey: The City has a long-standing goal of engaging the community through an annual Palo Alto Community Survey which benchmarks the City against other community surveys, engaging the community through a random sample of community members. Per Council direction in the adopted FY 2022-23 budget, the last survey was completed late 2022 and shared with the City Council on January 23, 2023.
•Workshops/Open House: General engagement opportunities and issues or service- based workshops to engage and inform. Recent examples include the Making Better Item 3
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Choices in Your Home workshop (residential electrification resources) and the re-launch of the Municipal Service Corporation (MSC) Open House in 2022.
•Palo Alto 311: This online application reporting tool provide the community a forum to report issues directly and for staff to track, manage reports and follow-up with residents, businesses, and visitors24-hours a day, 7 days a week.ix In calendar year 2022, the City received 4,121 requests. Year-to-date as of March 27, the City has received 1,396 requests, many storm-related items.
•City Service Feedback: This new online feedback tool and community resource to share customer service experience citywide is intended for all audiences and customers at any City facility or online. Initially launched in Fiscal Year 2021-2022, it was recently expanded to include specific Planning and Development customer service tools. The City Service Feedback tool has received 200 responses from community members providing service level input.
•Community Information Sessions: Information sessions are established as a more informal format to share information, gain input and answer questions often on a specific topic. Examples using this type of format include the Storm Update and Q & A session, and Automated License Plate Reader technology information session.
Section 3. Follow-up/Closing the Loop
The following list of items are a mixture of community engagement and communications methods to respond to residents’ questions or input and share information. •Direct Email/One-On-One Discussions/Virtual Lobby Receptionist: Staff interact with community members daily, whether they are out in the neighborhood, at a local park or at a City facility, via email, direct meetings, front lobby service requests, and more. All interactions are both gaining input and a level of following-up or closing the loop. In addition, through the pandemic, a virtual lobby receptionist was added to enhance the City’s service options and continues today as an important and many times, first point of contact for residents to gain assistance.
•Digital Newsletters: Regular outbound communication enables readers to be informed of major issues, upcoming events and community engagement planned. The newsletter is one of several communications methods to inform and engage the community. Staff receive several emails per week from the community, often questions about a topic shared or ideas on future topics. New this year include topic-based newsletters on economic development, housing, and relaunched transportation newsletter.
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•Printed/Mailed Newsletter: The first edition of the City’s newsletter was mailed in the fall of 2022 to all Palo Alto households and shared a variety of updates, with online resources to gain more details. Estimated quarterly cadence.
•Social Media: Platforms like Nextdoor, Facebook, and Instagram are opportunities for two-way conversations both for others to engage on posts and send direct messages for staff to answer specific questions from residents. Some of these platforms offer polls and surveys, which the City uses as well.
•Website/Medium.Com Community Updates: The City’s official websites provide engagement tools and a platform for sharing information. Web forms provide another way to provide input and ask questions. The City’s medium.com site offers a similar platform as a website though with social media benefits such as “following” the City or “following” specific topics and sharing input/asking questions through the platform.
Council Discussion
Staff is seeking Council input on community engagement activities planned to implement the City’s workplans for calendar year 2023. In addition, the Council could consider sharing feedback on specific items such as the Neighborhood Town Hall Council co-host selection process, City hosted events as part of the community engagement workplan, and the Palo Alto Community Survey cadence (set annually), among other thoughts and feedback.
FISCAL/RESOURCE IMPACT
The details shared above provide activities planned using existing staff resources. Some additional costs for platforms, materials, event hospitality, and mailers are not included in the FY 2023 budget. Pending the feedback from this study session staff will align recommended resources for these as part of the FY 2024 budget process.
STAKEHOLDER ENGAGEMENT
The staff report outlines a series of citywide and department-specific engagement efforts planned to implement the City’s workplans.
In addition to the information summarized above, the City looks to neighborhood, educational, and community organizations with existing community connections such as Palo Alto Neighborhoods (PAN), Stanford University, Cool Block, Emergency Service Volunteers, churches, parent groups, and many more to engage and inform. These existing groups share engagement opportunities with their community networks, acting as ambassadors for increased public dialogue and engagement. We will continue to use these and other existing community groups and networks to enhance communications and engagement efforts.
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The City’s website is a trusted source of information. The community actively uses the City’s official site at www.cityofpaloalto.org website with over 800,000 users last year gaining event details, service information, and engagement through online forms, frequently asked questions, white papers, fact sheets, general surveys, the City’s new City Service Feedback tool and more.
The Community Engagement web page at www.cityofpaloalto.org/engage is a direct connection to the City’s Open Town Hall and other ways to connect with the City.
In addition, throughout the year staff host community events and community programs to bring the community together, increase community building, and enhance community pride and civic participation. Examples of events and programs planned for the year, include:
•Citizen Academy (Police)
•Municipal Services Center (MSC) Open House (Utilities) •Neighbors Abroad Sister City/Sibling City partner and event coordination such as Cultural Day and/or arts (City Manager’s Office)
•Safe Streets for All Action Plan (Transportation)
•Safe Routes to School (Transportation)
•Palo Alto Art Center Food for Thought exhibits Fall 2023 (Community Services) •Art Center and Foundation research initiatives to learn more about community needs for arts and culture programs in the current COVID-recovery landscape (Community Services)
•Public Art’s King Artist Residency focused on diverse underserved communities residing and/or working in Palo Alto and experiencing socio-economic or housing instability (Community Services)
•California Avenue Murals artwork (a ten-day series) (Community Services) •Code:ART, October 12-14 in downtown Palo Alto, offering seven interactive installations activating downtown spaces in new and exciting ways (Community Services) •Cubberley Artist Open Studios/Open House to meet 22 artists that are part of the Cubberley Artist Studio Program, April 29 (Community Services) •Summer concerts and annual community events (e.g., May Fete) (Community Services) •Community safety trainings and Emergency Services Volunteer programming. (Office of Emergency Services)
•FireMed Ambulance Subscription Program (Fire)
•Summer Reading Program (Library)
•The Elizabeth Stewart Youth Writing Contest (Library)
•Library-supported National Heritage & Celebration Months and Diversity, Equity & Inclusion programming including celebrations of Lunar New Year, Norooz, Day of the Dead and Diwali (Library)
•Teen Library Advisory Board (Library)
ENVIRONMENTAL REVIEW
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This agenda item is informational only and is not a “project” requiring review under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A summarizes key community engagement achievements in calendar year 2022.
APPROVED BY:
Ed Shikada, City Manager
i Community Engagement Study Session, March 2022:
https://portal.laserfiche.com/Portal/DocView.aspx?id=59386&repo=r-704298fc&searchid=cf35652c- 7764-4a14-8a05-57846e779fc6
ii Palo Alto Community Survey Results, February 2023: www.cityofpaloalto.org/engage iii City Council Priorities 2023: www.cityofpaloalto.org/councilpriorities iv Objectives to advance the 2023 City Council Priorities, February 6, 2023 Staff Report:
https://portal.laserfiche.com/Portal/DocView.aspx?id=61656&repo=r-704298fc&searchid=f84c99a9- 16d3-400b-a395-4a225d3673a0
v City Manager Comments Feedback Form www.cityofpaloalto.org/citymanagerupdates vi OpenGov Open Town Hall Survey, www.cityofpaloalto.org/engage vii City Boards, Commissions and Committees, www.cityofpaloalto.org/bcrecruit viii Palo Alto Digital Forum, https://forum-palo-alto.hub.arcgis.com/ ix Palo Alto 311, https://www.cityofpaloalto.org/paloalto311 Item 3
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ATTACHMENT A
Community Engagement Achievements in Calendar Year 2022 General Community Engagement Accomplishments
•Initiated a new Neighborhood Town Hall process in fall 2022 (in October 2022) with the neighborhood areas of Barron Park, Barron Square, Greenacres I, Greenacres II, Palo Alto Orchards and Monroe Park.
•Completed the Palo Alto Community Survey, after a year off due to budget limitations. •Renewed focus to host annual National Night Out and support neighborhood specific events.
•Participated in individual neighborhood meetings, events and one-on-one discussions with residents.
Examples of Re-launched Community Events & Completed Community Celebrations •Officially opened Rinconada Park, the Palo Alto Junior Museum & Zoo and the Solar System Exhibit through a grand opening celebration Party in the Park •Re-launched the May Fete parade and fair, annual movie nights/concerts and other in- person community events
Issues-Focused Community Engagement Items Completed
With the use of a variety of community engagement methods throughout the year the following summary of key community engagement accomplishments demonstrate the broad use of varying tools and resources to share public information and receive input. •Palo Alto Fiber: Communications and community engagement included methods such as use of social media, the use of the City’s website, articles in Uplift Local, and Palo Alto Connect (medium.com) updates. Staff also launched a digital engagement platform garnering 14,000 visitors to the online resource to date, where 291 residents pinned their home demonstrating support for this initiative. In addition, staff also hosted a community information session to share progress and gain input, utilized the Utilities Advisory Commission to engage the community through public comment period, emails received and subcommittees of the Commission to gain thoughts on various aspects of this effort, gained interest and feedback on a future ambassador program should this be considered in the future, and hosted focus group discussion on this initiative. A joint City Council/Utilities Advisory Commission study session was also held early in the development of options as a venue for input and discussion. A market research survey and deposit program were additional mechanisms of outreach that garnered 3,651 participants and at least 743 deposits.
•Sustainability/Climate Action Plan: Several community engagement opportunities throughout the year, supported broad community awareness of climate action discussions taking place, in advance of the Council’s endorsement of proposed sustainability actions.
The Council Ad Hoc Committee conversations were open to the public and focused on Item 3
ATTACHMENT A-
Community Engagement
Activities Achieved in
2022
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specific topics to engage the community. Staff hosted a community workshop with over 100 residents attending to learn about the multiple electrification options (including the early launch of an interest form for the City’s Heat Pump Water Heater pilot program, which now has over 390 on the waitlist), an Open Town Hall survey gained feedback on S/CAP progress, a digital platform was established, with over 2,803 visitors to date, for community members to share their experiences making better choices in their home through electrification and other means. Staff supported several Earth Day 2022 events to build momentum. The Reach Code updates process included community meetings that provided an opportunity for input. Staff also launched an Electrification Portal on the website to streamline the City’s processes related to switching to electric appliances, adding solar and more.
•Measure K and L: Staff hosted focus groups with different community stakeholders and concluded a listening session and held focused conversations with local business. There were multiple surveys to assess community perspectives as the Council discussed various iterations of potential tax structures, including a printed survey (received 248) that residents could mail in and online survey (203) that shared services priorities should additional funding resources become available.
•Budget: Annually, several engagement methods are used to garner feedback from the public on budget priorities, service restorations and more. In 2022, staff and the City Council engaged the community through a town hall meeting, several public hearings, Council discussions, and Open Town Hall 2022 Palo Alto Budget Priorities survey.
•Chief of Police community engagement: Several methods were used to solicit input on the Chief of Police selection such as three information sessions including a Human Relations Commission hosted session with the City Manager; an online form for the public to share qualities they would like to see in the next Chief of Police, focused conversations with staff and interested community stakeholders; and more.
•Housing Element: A Housing Element working group supported the City’s community engagement through iterations and discussions of the development of the Housing Element. Other methods included: a community meeting to share input on the Draft Housing Element, a joint City Council/Planning & Transportation Commission study session to review and provide input on the early Fall 2022 draft, and the Housing Element and general housing was a topic at the October Neighborhood Town Hall, where staff answered questions on the effort underway and specific housing questions from the public.
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Community Engagement
Activities Achieved in
2022
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: April 10, 2023
Report #:2303-1211
TITLE
Approval of Minutes from March 27, 2023 Meeting
RECOMMENDATION
That the minutes be reviewed and approved for the March 27, 2023 meeting.
ATTACHMENTS
Attachment A: March 27, 2023 Draft Minutes
APPROVED BY:
Lesley Milton, City Clerk
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CITY COUNCIL
DRAFT ACTION MINUTES
Special Meeting
Monday, March 27, 2023
CALL TO ORDER
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:00 P.M.
Present In Person: Burt, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: Kou
Absent: None
SPECIAL ORDERS OF THE DAY
1. Proclamation for Cesar Chavez and Dolores Huerta Day 2023 ACTION: None
2. Education and Sharing Day
ACTION: None
STUDY SESSION
3. Review and Provide Feedback on a Term Sheet with Pets in Need for Operation of the Palo Alto Animal Shelter; CEQA status – not a project.
ACTION: None
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT
CONSENT CALENDAR
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 3/27/2023
Council Member Tanaka registered a no vote on Agenda Item Numbers 7-8.
MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to approve Agenda Item Numbers 4-8.
MOTION PASSED 4, 5, 6: 7-0
MOTION PASSED 7, 8: 6-1, Tanaka no
4. Approval of Minutes from March 13, 2023 Meeting
5. Adopt an Ordinance to Expand the Human Relations Commission (HRC) from Five to Seven Members; CEQA status – not a project
6. Consent of the Macias, Gini & O’Connell’s Single Audit Report for the Fiscal Year Ended June 30, 2022 Consent Questions
7. Approval of Amendment No. 1 with FolgerGraphics, Inc. to increase the Not-to-Exceed Amount by $235,200 for Professional Printing and Distribution Services of the Enjoy Activity Guide for an Additional Three Years; CEQA Status – not a project. Consent Questions
8. Approval of Contract Amendment Number One (1) with Team Sheeper, Inc., Authorizing One-Time Payment not-to-exceed $85,000 for Salaries Associated with the Rinconada Pool 45-day Closure for Replastering; CEQA status – not a project Consent Questions
CITY MANAGER COMMENTS
Ed Shikada, City Manager
Mayor Kou
Council Member Lythcott-Haims
ACTION ITEMS
9. Approval of a Purchase Order with Interstate Truck Center in an Amount Not to Exceed $297,244 for the Purchase of Two 2023 International CV Chipper Body Trucks, utilizing a Cooperative Purchase Agreement, Funded by Capital Improvement Program Project VR- 23000
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 3/27/2023
MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to approve and authorize the City Manager or their designee to execute a purchase order with Interstate Truck Center LLC dba Valley Peterbilt in the amount of $270,244 and an approximate 10% contingency in the amount of $27,000 for potential price increases, for a total not to exceed amount of $297,244 for the purchase of two (2) 2023 International CV515 trucks with chipper bodies, utilizing a cooperative purchase agreement via Sourcewell, a cooperative purchasing agency serving government and not-for-profit organizations.
MOTION PASSED: 6-1, Tanaka no
11. Provide Direction on Permanent Parklet Program Regulations and Proposed Ordinance and Approval of Budget Amendments in the General Fund, CEQA status – categorically exempt (15301 and 15304(e)). (Continued from March 13, 2023)
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION: Council Member Burt moved, seconded by Council Member Lauing to
3. Parklets with structures are not allowed to extend beyond the establishment leasing the parklet, non-structures are allowed without a letter of consent. If a tenant wishes to permit the space, after 90 days they are able to obtain the rights to that space.
MOTION PASSED: 4-3, Tanaka, Kou, Veenker no
MOTION: Council Member Burt moved, seconded by Council Member Lauing to
5. The size of the covered parklets be limited to 350 square feet in total, but can have up to two provided they are limited in location to the tenant’s street frontage; MOTION PASSED: 5-2, Kou, Tanaka no
MOTION: Council Member Burt moved, seconded by Council Member Lauing to
8. Amend the Fiscal year 2023 Budget Appropriation for the General Fund a. Increasing the public works expenditure for contract services by $85K b. Decrease the Budget Stabilization Reserve by $85
MOTION PASSED: 7-0
MOTION: Council Member Burt moved, seconded by Council Member Lauing to
1. Direct staff to return with incentives that will encourage the use of electric heating.
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Draft Action Minutes
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 3/27/2023
2. Direct staff to return with proposals on greater safety from vehicles including k rail, concrete barrier or equivalent standard on leading edge corners
4. Direct staff to come back with fee recommendations on the “low end” of fees
6. That there be a system for the responsibility for cleaning by the establishment, and staff devise a notification system for meeting standards
7. Existing parklets in front of adjacent buildings can retain their structures until these new regulations apply
MOTION PASSED: 6-1, Kou no
10. Approval of and Direction on a Residential Natural Gas Rebate Program Funded by the City’s General Fund at a Total Cost of up to $1,771,586 to Mitigate Extraordinarily High January 2023 Natural Gas Costs, Approval of a Budget Amendment in the General Fund, and an Update on Green v. City of Palo Alto MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Tanaka to
A. Approve a residential natural gas rebate program to mitigate extraordinary high January 2023 natural gas bills in a tired structure proposed by staff known as alternative gas rebate with additional contributions for members in the rate assistance program and customers in arrears not to exceed 20% of the total January gas bill
B. Amend the Fiscal Year 2023 Budget Appropriation
a. In the General Fund by:
i. Increasing the Transfer to the Gas Fund by $1,796,330 ii. Decreasing the Budget Stabilization Reserve by $1,796,330 b. In the Gas Fund by:
i. Increasing the Transfer from the General Fund by $1,796,330 ii. Decreasing Residential Gas Retail Revenue by $1,796,330
MOTION PASSED: 7-0
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Draft Action Minutes
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 3/27/2023
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT The meeting was adjourned at 12:05 AM.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: April 10, 2023
Report #: 2303-1208
TITLE
SECOND READING: Adopt an Ordinance to Expand the Human Relations Commission (HRC) from Five to Seven Members; CEQA status – not a project (FIRST READING: March 27, 2023 PASSED 7-0)
BACKGROUND
This was heard by the City Council on March 27, 2023 for a first reading and was approved 7-0.
No changes were made to the Ordinance; it is now before you for a second reading.
ATTACHMENTS
Attachment A: Ordinance Expanding the Human Relations Commission from Five to Seven Members
APPROVED BY:
Lesley Milton, City Clerk
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Ordinance No._____
Ordinance of the Council of the City of Palo Alto Amending PAMC Section
2.22.010 to Expand the Human Relations Commission from Five to Seven Members
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. The City Council finds and declares as follows:
A. The City has a Human Relations Commission as detailed in Chapter 2.22 of the Palo Alto Municipal Code.
B. The City Council desires to expand the membership of the Human Relations Commission from five to seven members.
C. The two new members shall initially have one-year terms in order to stagger the introduction of new members as detailed in Section 3 of this ordinance.
SECTION 2
. Section 2.22.010 (Membership) of Chapter 2.22 (Human Relations Commission) of the Palo Alto Municipal Code (PAMC) is hereby amended and restated as follows (deleted text is in strikethrough, new text is underlined):
2.22.010 Membership.
There is created a human relations commission composed of five seven members who are not council members, officers or employees of the city, who are residents of the city, and who shall be appointed by the city council.
SECTION 3. The two new seats on the Human Relations Commission created by this ordinance shall initially have shortened terms to expire on March 31, 2024, subject to extension under the provisions of PAMC 2.22.020 (Term of office) . After that, successive terms shall be consistent with the term lengths in PAMC section 2.22.020 and any other applicable section of the PAMC. This Section 3 shall be uncodified.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declare d invalid.
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SECTION 5. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibi lity that the ordinance will have a significant effect on the environment.
SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director, Community Services Department
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: April 10, 2023
Report #:2303-1160
TITLE
Approval of Contract Amendment No. 1 to Contract No. S20175534B with HdL Coren & Cone in the Amount of $8,400 and to Extend Term Six Months Ending September 2023 for Property Tax Information and Reporting Services; CEQA Status – Not a Project
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. S20175534B with HdL Coren & Cone (Attachment A) to extend term by six months and add $8,400, revising the amount not to exceed to $68,400 for property tax information and reporting services.
EXECUTIVE SUMMARY
Staff recommends that the contract with HdL Coren & Cone be extended to ensure property tax information and reporting services continue, while a request for proposal for tax and fee consulting is in process.
BACKGROUND
The City issued a request for proposal (RFP) on May 13, 2019 for tax and fee consulting services.
The components of the RFP included:
1. Sales and use tax analysis and information services
2. Property tax information and reporting services
3. Various tax and fee collection services for:
•Transient occupancy tax (TOT)
•Telecommunication users tax (TUT, also known as telephone utility users tax) •Business registry certificate program (BRC), and
•Business improvement district (BID)
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The RFP was structured to allow award to multiple firms. The City received three proposals from leading firms in the industry for these services. Ultimately, the proposal evaluation committee selected HdL Coren & Cone (HdL CC) for property tax information and reporting services for a three-year term through March 1, 2023 and an amount not to exceed $60,000 (Attachment A). Details of the RFP process and analysis can be found in staff’s report to Council December 2, 20191. Services provided by HdL CC include information and reporting for property tax revenue projections and research on property activity and trends in the City.
ANALYSIS
Staff issued an RFP for tax and fee consulting services on February 9, 2023 with proposals due on March 3, 2023. The RFP includes the services outlined in the 2019 RFP plus collection services for the business tax, as approved by voters in November 2022. Staff expects to conclude the evaluation and present recommended firm(s) for these services in May/June 2023.
To ensure continued support for property tax information and reporting, staff recommends amending the contract with HdL CC to extend for 6 months (through September 2023) and amend not to exceed compensation by $8,400, to total $68,400.
FISCAL/RESOURCE IMPACT
Funding for the contract amendment in this report is available in the Administrative Services FY 2023 Adopted Budget.
STAKEHOLDER ENGAGEMENT
An RFP was issued in February 2023. The evaluation committee for this RFP includes staff that support Treasury and Revenue operations and economic development functions.
ENVIRONMENTAL REVIEW
This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378(b)(4) (government fiscal activities not related to a specific project).
ATTACHMENTS
Attachment A: HdL Coren & Cone Contract; S20175534B Amendment #1 APPROVED BY:
Kiely Nose, Assistant City Manager
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AMENDMENT NO. 1 TO CONTRACT NO. S20175534B
BETWEEN THE CITY OF PALO ALTO AND
HDL COREN & CONE
This Amendment No. 1 (this “Amendment”) to Contract No. S20175534B (the “Contract” as defined below) is entered into as of March 2, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and HDL COREN & CONE, a California corporation, located at 120 South State Boulevard, Suite 200, Brea, CA 92821 ("CONSULTANT").
CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing property tax information and reporting services for the City’s Treasury, Debt, and Investments Division, as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the term of the Contract from March 1, 2023 through September 1, 2023, and to increase the total not-to-exceed amount of compensation by Eight Thousand Four Hundred Dollars ($8,400), for a new total not- to-exceed amount of the Contract of $68,400, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. S20175534B between CONSULTANT and CITY, dated March 1, 2020.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 1, “SCOPE OF SERVICES” of the Contract is hereby amended to read as follows:
“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.”
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SECTION 3. Section 2, “TERM”, of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through September 1, 2023 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.”
SECTION 4. Section 4, “NOT TO EXCEED COMPENSATION”, of the Contract is hereby amended to read as follows:
“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 Fifty One Thousand Six Hundred Dollars ($51,600). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Sixteen Thousand Eight Hundred Dollars ($16,800)for the performance of Additional Services (as defined below).
The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Sixty-Eight Thousand Four Hundred Dollars ($68,400), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for Additional Services shall be specified by CITY in the Task Order, Item 6
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based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section
4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.”
SECTION 5. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES PREVIOUS. b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS.
SECTION 6. Legal Effect.Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
______________________
Purchasing Manager (Contract over $85k)
APPROVED AS TO FORM:
______________________
City Attorney or Designee
(Contract over $25k)
HDL COREN & CONE
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC.)
By:
Name:
Title:
Attachments:
EXHIBIT A: SCOPE OF SERVICES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) EXHIBIT B: SCHEDULE OF PERFORMANCES, AMENDMENT NO. 1 (AMENDED, REPLACES
PREVIOUS)
EXHIBIT C: COMPENSATION, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) Item 6
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EXHIBIT A
SCOPE OF SERVICES, AMENDMENT NO. 1
(Amended, Replaces Previous)
CONSULTANT will provide the following services and deliverables pursuant to this Agreement:
PROPERTY TAX INFORMATION SERVICES & REPORTING
CONSULTANT will furnish a variety of reports detailing property and revenue trends for the entire CITY and for custom defined geographic areas. These reports can be used for budgeting purposes, planning, economic development and public information. Among the CITY reports available are top 25, 50, 100-property owner/taxpayer listings, multiple ownership properties, non- owner- occupied parcels, identification of property ownership transfers and completed construction projects for tracking of reassessments. Reports are also available from prior years if needed. These reports are available in pdf, Microsoft Word and Excel formats for use in staff presentations.
Reports in the portfolio of data criteria will include but are not limited to:
• Five-year history of the values within the CITY, and custom (CITY defined) geographic areas;
• Listing of the largest value changes, positive and negative between tax years; • An annual parcel listing of properties with parcel number changes between tax years identifying parcel splits and combines;
• Listing of the major property owners for the CITY including the combined assessed values of their property and property use code designation;
• Listing of property transfers which occurred since the lien date ordered by month— sales listing;
• Listing of parcels that have not changed ownership since the enactment of Proposition 13; • Analysis of recent sales of properties not sold since prior to Proposition 13. • comparison of property within the CITY by county use-code designation; • multiple year comparison of growth by use code designation over a 5- year period; • Listing by parcel of new construction activity to identify non-residential parcels with new construction activity and to provide reports for use in the CITY 's preparation of Proposition 4 and 111 State Appropriation Limit calculations;
• Listing of multiple owned parcels;
• Listing of absentee owner parcels;
• Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by the CITY based upon the initial information provided by the County and subject to modification; and
• Analyses based on geo areas designated by the CITY to include assessed valuations and square footage computations for use in economic analysis and community development planning.
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• One and five-year budget projections for the city general fund and special districts. This report is interactive for tax modeling.
WEB-BASED SOFTWARE APPLICATION
The CONSULTANT will make available for use on CONSULTANT’s Property Tax Web Application, a web-based software application that provides the CITY with a user-friendly tool to store, search, access and analyze the CITY’s property tax data (also called the “software application” or “software” in this Agreement. Data in the software application will be updated monthly to reflect changes in ownership and deed recordings. Assessment appeals data is updated quarterly. As modifications and enhancements are made to the program, the CITY receives the enhanced version of the software at no additional cost. The CITY is granted a site license for the software application under this Agreement, which does not limit the number of users. The software can be used to access secured, unsecured, cross reference, possessory interest, mineral rights and SBE non-operating unitary tax rolls. Unsecured assessments are linked to the corresponding secured parcels where parcel numbers match. This allows users to see all property tax records at a particular location.
Geographic areas as defined by the CITY can be created in the software by CITY staff or, upon supplying maps with the boundary area of each requested geo defined, will be created by the CONSULTANT and are included in the cost of this scope of services. Additional areas can be created at no cost as they become necessary.
Property transfer information is updated monthly and the prior sales transactions are stored with each record for reference. Filtering is available for Pre-Prop 13 owned properties, non-owner- occupied properties (absentee owners), specific focused uses, targeted values, and selection of various other property characteristics. The data can be sorted by parcel number, owner, situs address, county use code designation and tax rate area. Data can be exported from the software to Excel, CSV, Text or Html to allow for further analysis through an easy-to-use export feature.
Custom exports are also available to link or integrate with city building or code enforcement products.
Training will be provided annually at no additional cost to the CITY and CONSULTANT will provide support for the CITY’s use of the software, answering questions, providing phone assistance and troubleshooting issues that arise between scheduled training events at no additional cost to the CITY.
The property tax web-base services, where provided by CONSULTANT’s online-hosted software will include all related services and support necessary to implement the Services detailed in this Scope of Services, including, for example and without limitation, data/content migration, software licensing, online- hosting, maintenance, updates, upgrades, security, and technical and user support as detailed in this Scope of Services and elsewhere in this Agreement, in CONSULTANT’s proposal, and in the Documentation.
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Property Tax Audits
Upon execution of this Agreement and authorization to proceed by the CITY, the CONSULTANT will perform an analysis of the Assessor Rolls to identify all parcels on the secured, unsecured and cross reference tax rolls and verify that parcel assessed valuations and the resulting taxes are correctly allocated to the CITY. This analysis is accomplished using specialized computer software, assessor maps, CITY GIS maps, CITY records, other pertinent documents, and field investigations. The review will include the lien date rolls noted for the current tax year as well as historical data back for a total of four (4) tax years.
A report is prepared related to the properties requiring corrective action with a suggested tax rate area (TRA) and/or correct address and APN and then transmitted to the County Assessor’s office for reviewing corrections and to the CITY at the same time. Once the Assessor’s staff has reviewed and corrected the misplaced TRAs, the County returns to our office an accounting of the properties that were corrected and transmitted to the Auditor’s office for tax reassignment. That report is then provided to the client as verification that corrections were made. If necessary, we will review our findings and recommendations with designated CITY project manager.
DELIVERABLES
CONSULTANT will provide the property tax reports annually, quarterly or monthly as appropriate by performing the tasks to include but are not limited to the following:
a. Acquisition of data from the Assessor, Auditor Controller and Clerk of the Board; b. Data decoded and read into CONSULTANT’s System;
c. Post updated data on CONSULTANT Web-based property tax portal; d. Data reconciliation and processing;
e. Prepare Reports for delivery;
f. Analyze information for meeting prepare newsletter, produce additional handouts, prepare electronic files with reports;
g. Update database with sales transaction monthly
h. Revenue projections
i. Addendum report preparation and dissemination
j. Software training
k. Travel for delivery meeting and training
ON-GOING CONSULTATION (ADDITIONAL SERVICES)
Upon mutually written Task Order detailed therein (Exhibit A-1 form) per Section 4 of the Agreement, CONSULTANT will perform:
1. Secured and unsecured audits; and
2. Ongoing requests, special projects not within the Scope of Service.
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EXHIBIT B
SCHEDULE OF PERFORMANCES, AMENDMENT NO.1
(Amended, Replaces Previous)
CONSULTANT will 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 will 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
1.Property Tax Information Services &
Reporting and Web-based Software
Application – Year 1 through 3
Deliverables:
a. Acquisition of data from the Assessor,
Auditor Controller and Clerk of the
Board;
b. Data decoded and read into
CONSULTANT’s System;
c. Post updated data on CONSULTANT
Web-based property tax portal;
d. Data reconciliation and processing;
e. Prepare Reports for delivery;
f. Analyze information for meeting
prepare newsletter, produce additional
handouts, prepare electronic files with
reports;
g. Update database with sales transaction
monthly
h. Revenue projections
i. Addendum report preparation and
dissemination
j. Software training (previously
completed)
k. Travel for delivery meeting and
training (previously completed
Quarterly by the end of the following month of
each quarter in January 2021-2023, April 2020-
2023, July 2020-2023 and October 2020-2022.
Option to deliver annually or monthly as
directed from CITY Project Manager.
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Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance will be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance will fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION, AMENDMENT NO. 1
(Amended, Replaces Previous)
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 will be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement will be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO
EXCEED
AMOUNT
Task 1
(Property Tax Information Services & Reporting and Web-based Software Application – Year 1 through 3, Deliverables:
a. Acquisition of data from the Assessor, Auditor Controller and Clerk of the Board;
b. Data decoded and read into CONSULTANT’s System;
c. Post updated data on CONSULTANT Web-based property tax portal;
d. Data reconciliation and processing;
e. Prepare Reports for delivery;
f. Analyze information for meeting prepare newsletter, produce additional handouts, prepare electronic files with reports; g. Update database with sales transaction monthly
h. Revenue projections
i. Addendum report preparation and dissemination
j. Software training
k. Travel for delivery meeting and training)
a. $1,863
b. $6,271
c. $3,135
d. $2,329
e. $1,165
f. $4,193
g. $8,385
h. $7,794
i. $2,329
j. $6,271
k. $7,865
Sub-total for Services $68,400
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Reimbursable Expenses (if any) $0
Total for Services and Reimbursable Expenses
($46,000 total Services cost rendered & previously paid) $68,400
Additional Services (if any, per Section 4)
- Secured and unsecured audits performed ($3,120)
- Ongoing requests, special projects not within scope of service ($13,680) $16,800
Maximum Total Compensation
$51,600
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
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: Travel for delivery meeting and training up to the not-to-exceed amount of $6,585.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, will be accompanied by appropriate backup documentation and information.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: April 10, 2023
Report #:2303-1128
TITLE
Agreement with Stanford University to provide $744,000 in funding for expanded Palo Alto Link (PAL) on-demand transit services; Contract Amendment No. 1 with Nomad Transit, LLC (Via) to increase total contract amount not to exceed $3,244,000 for up to two years; and Associated Budget Amendment in the General Fund. CEQA status – not a project.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to:
1. Execute the attached Cost Sharing Agreement with Stanford University to provide expanded Palo Alto Link services to Stanford Research Park (Attachment A);
2. Execute Contract Amendment No. 1 with Nomad Transit, LLC (Via), to provide expanded Palo Alto Link services, beginning following Council’s approval, through the pilot phase of the program, concluding no later than March 31, 2025 for a revised not to exceed total of $3,244,000 (Attachment B); and.
3. Amend the Fiscal Year 2023 Budget Appropriation Ordinance for the General Fund (requires a 2/3 majority vote) by:
a. Increasing the Office of Transportation revenue estimate for Charges of Services by $744,000; and
b. Increasing the Office of Transportation contract services expense appropriation by $744,000.
BACKGROUND
Staff previously provided City Council a study session describing funding and other relevant details entailed with providing Palo Alto Link services 1. PAL provides on-demand transit service 1 City Council, February 6, 2023; Agenda Item #1, SR #2301-0878 https://portal.laserfiche.com/Portal/DocView.aspx?id=61654&repo=r-704298fc&searchid=88f2879f-d513-419a- 9702-dc902301045c
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Monday—Friday for a 10-hour service span 8:00 am-6:00 pm. The service operates within most of the City, with exceptions only to the east and west ends that house large open spaces and conservation lands. PAL is utilizing a ten (10) vehicle fleet to provide virtually positioned pick-up and drop-off location within an acceptable walking distance with the help of a web application.
Door-to-door service is available for riders who may require extra assistance. The service addresses first-/last-mile challenges in Palo Alto and provides a convenient and affordable transportation option for residents, employees, and vulnerable/transit-dependent populations.
Finding and securing funding partners such as SRP is an integral strategy to establishing a long- term path forward for funding PAL transit services. The City Council approved the contract for this service with2.
DISCUSSION
City staff have negotiated with Stanford University and operator Via to provide an expansion of Palo Alto Link (PAL) services to 1) include the Stanford Research Park during all regular hours of the program; 2) subsidize rides to and from the Stanford Research Park as part of the program in lieu of charging riders the regular fee; 3) Provide Stanford with ride data periodically regarding rides to/from Stanford Research Park; Stanford University has agreed to pay the City $744,000 for the expanded service.
This funding and service contract agreement expands the regular fleet deployment from nine (9) vehicles to ten (10) vehicles. Under the current contract, the 10 th vehicle was to be held in reserve. Under the new arrangement, that 10th vehicle will be deployed as necessary to meet any additional demand peaks needing coverage.
City and Via staff plan to continue the service beyond the initial 18 months secured by Measure B VTA Innovative Transit funds and will be seeking out additional grant funds and partnership funding opportunities.
FISCAL/RESOURCE IMPACT
Approval of these agreements with Stanford University and Via require a budget amendment in the General Fund to increase the Office of Transportation’s expenses by $744,000, offset by an increase to the revenue estimate for the Palo Alto Link program by $744,000, thus it is cost neutral.
STAKEHOLDER ENGAGEMENT
Public engagement is ongoing since the program launched on March 7. Stakeholders targeted for notification of the service include Caltrain riders, commuters to Palo Alto, service providers 2 City Council, December 12, 2022; Agenda Item #8, SR #14959 https://portal.laserfiche.com/Portal/DocView.aspx?id=59018&repo=r-704298fc&searchid=e9dd8045-ca5c-4ec0- 894f-98858ac71e73
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targeting older adults, senior living communities, youth service providers, neighborhood groups, etc. Community engagement and marketing activities may include tabling at community events and destinations (Farmer’s Market, Caltrain stations, grocery stores) and social media campaigns (NextDoor, Facebook, Uplift Local, local newspapers, City blog posts, etc.). Stanford Research Park will also be providing notification to and engagement with their stakeholders to encourage ridership.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the cost-sharing agreement with Stanford University is a government funding mechanisms or fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4).
ATTACHMENTS
Attachment A: Stanford Park Cost Sharing Agreement; C23187713 Attachment B: Nomad Transit LLC (Via) Contract; C23184827 Amendment #1 APPROVED BY:
Philip Kamhi, Chief Transportation Official
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Stanford Agreement No. 63080569
PURCHASING GUIDE – APPENDIX L PAGE 1 OF 7
Appendix L:
Short Form Agreement for
Revenue Contracts
See next page for Forms and Instructions:
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PAGE 2 OF 7 APPENDIX L – SHORT FORM AGREEMENTS FOR REVENUE CONTRACTS
Short Form Agreement for Revenue Contracts
Cost-Sharing Agreement between the City of Palo Alto and Stanford for On-Demand Transit Services Contract #: C23187713
BY THIS AGREEMENT MADE AND ENTERED INTO ON THE 3rd DAY OF APRIL 2023 BY AND BETWEEN THE CITY OF PALO ALTO (“CITY”) AND THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY (“STANFORD”), 3215 Porter Drive, Palo Alto, CA 94304- 1286. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
CITY SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECI FIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: EXHIBIT A – SCOPE OF SERVICES.
EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT:
CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED
Exhibit A - Scope of Services
Exhibt B- Payment Plan
Exhibit C- Insurance Requirements
TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON MARCH 7, 2023 AND SHALL BE COMPLETED BEFORE MARCH 31, 2025.
COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: STANFORD SHALL PAY CITY AN AMOUNT NOT TO EXCEED $744,000 IN ACCORDANCE WITH EXHIBIT B.
CITY ACCOUNT NUMBER:
COST CENTER GL ACCT
PROJECT /INTERNAL ORDER PHASE NO.
DOLLAR AMOUNT
66030004 31990
GENERAL TERMS AND CONDITIONS ARE INCLUDED ON ALL PAGES OF THIS AGREEMENT. .
HOLD HARMLESS. Each party shall indemnify, defend and hold harmless the other part y, its Council Members, officers, employees, and agents from any and all demands, claims or liability of a ny nature, including wrongful death, caused by or arising out of the other party, its officers’, directors’, employees’ or agents’ negli gent acts, err ors, or omissions, or willful misconduct.
ENTIRE AGREEMENT. This agreement and the terms and conditions on the following pages represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment , materials or supplies o r payment for services which may be the subject of this agreement. All prior agreements, repre sentations, statements, negotiations and undertakings whether oral or written are superseded hereby.
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PURCHASING GUIDE – APPENDIX L PAGE 3 OF 7
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.
PROJECT MANAGER AND REPRESENTATIVE FOR STANFORD
FOR CITY
NAME: Nathan Baird BY:
DEPT: Office of Transportation TITLE: Procurement Director P.O, BOX 10250
PALO ALTO, CA 94303 Date:
Telephone 650-329-2520
INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER
CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL
BOXES BELOW)
CITY DEPARTMENT Funds Have Been
Budgeted
(1)
PURCHASING & CONTRACT
ADMINISTRATION INSURANCE
REVIEW
(2)
APPROVAL OVER $25,000
(3) PURCHASING MANAGER
APPROVAL OVER $25,000 APPROVAL OVER $85,000
CITY OF PALO ALTO
BY:_____________________________________
CITY ATTORNEY
ATTEST:
BY:________________________ _______________________
MAYOR CITY CLERK
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PAGE 4 OF 7 APPENDIX L – SHORT FORM AGREEMENTS FOR REVENUE CONTRACTS
CITY OF PALO ALTO
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. This agreement is limited to the terms
and conditions on pages 1 through 4 inclusive and any exhibits referenced.
B. GOVERNING LAW AND VENUE . This ag reement
shall be gove rned by the l aws of the state of California. The courts of the State of California in the County of Santa Clara and the federal court for the Northern District of California have sole jurisdiction over any disputes that arise over this agreement.
C. NO EMPLOYMENT; CONFLICTS. It is understood and
agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between the CITY and undersigned. At all times CITY shall be deemed to be an independent contractor and STANFORD is not
authorized to bind CITY to any contracts or other obligations.
In executing this agreement, STANFORD certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of CITY.
D. INSURANCE . STANFORD agrees to provide the
insurance specified in the “Insurance Requirements” form attached hereto as Exhibit C or self -insure to equivalent standards. In the event STANFORD is unable to secure a policy end orsement naming the City of P alo Alto as a n additional insured under any comprehensive general liability or comprehensive automobile policy or policies, STANFORD
shall at a minimum, and only with the written approval of City’s Risk Manager or designee, cause each such i nsurance policy obtained b y it to contain an endorsement providing that the insurer waives all right of recovery by way of subrogation against CITY, its officers, agents, and employees in connection with any damage, claim, liability personal injury, or wrongful death covered by any such policy. Each such policy obtained by STANFORD shall contain an endorsement requiring thirty (30) days' written notice from the insurer to CITY before cancellation or reduction in the coverage or limits of suc h policy. STANFORD shall provide certific ates of such policies or other evidence of coverage satisfactory to City's Risk Manager, together with evidence of payment of premiums, to CITY at the commencement of this agreement, and on renewal of the policy, or policies, not later than twenty (20) days before expiration of the terms of any such policy. CITY agrees to maintain insurance of equivalent standards as STANFORD.
E. TERMINATION . This agreement may be terminated by
either party upon thirty (30) days written notice to the other party. Moni es then owing based upon work satisfactorily accomplished shall be paid to CITY.
F. CHANGES . This agreement shall not be assigned or
transferred without the written consent of the either party . No changes or variation s of a ny kind are authorized with out the written consent of the both parties.
G. Reserved.
H. NO IMPLIED WAIVER. No payment, partial payment,
acceptance, or partial acceptance by either party shall operate as a waiver on the part of such par ty of any of i ts rights unde r this agreement.
I. Reserved.
J. Reserved.
K. Reserved.
L. Reserved.
M. PRICE TERMS. Extra charges, invoices and payment.
No extra charges of any kind will be allowed unless
specifically agreed to in writing by CITY. A ll state and federal excise, sales and use taxes shall be stated separately on the invoices. In event CITY reduces its price for such materials or services during the term of this agreement, CITY agrees to reduce the prices or rates hereof correspondingly.
N. Reserved.
O. Reserved.
P. NO THIRD PARTY BENEFICIARIES. Nothing in this
Agreement shall give any rights to any person other than the Parties to this Agreement.
Q. USE OF STANFORD TRADEMARKS. CITY agrees not
to use Stanford's name or other Stanford trademarks (together referred to herein as the "Marks"), or the name or trademarks of any related organization, or to quote any of Stanford's faculty, staff, students, volunteers or agents ("Quotes"), either in writing or orally, without the prior written consent of STANFORD’s Senior Director, University Brand
Management. This prohibition includes, but is not limited to, use of the Marks or Quotes in press releases, advertising, marketing materials, other promotional materials,
presentations, photographs for commercial use, case studies, reports, websites, application or software interfaces, and other electronic media.
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EXHIBIT A – SCOPE OF SERVICES
In consideration for Stanford’s payment under this Agreement, City shall:
1. Expand the City’s On-Demand Transit program delivered under City contract C23184827 or its successors with Nomad Transit LLC (“program”) to include the Stanford Research Park during all regular hours of the program.
2. Provide free rides to and from the Stanford Research Park as part of the program in lieu of charging riders the regular fee.
3. Provide Stanford with ride data on a periodic basis regarding rides to/from Stanford Research Park. Such data will not include personal information of the riders.
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EXHIBIT B – PAYMENT PLAN
Stanford shall pay City $31,000 per month for the term of this Agreement.
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EXHIBIT C – INSURANCE REQUIREMENTS
STANFORD WARRANTS THAT IT HAS INSURANCE TO SUPPORT THIS AGREEMENT AND THAT IT WILL MAINTAIN COVERAGE FOR THE DURATION OF THIS AGREEMENT AS PROVIDED BELOW.
CONTRACT 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
$250,000
$500,000
$100,000
$250,000
$500,000
$100,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND
NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
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AMENDMENT NO. 1 TO CONTRACT NO. C23184827
BETWEEN THE CITY OF PALO ALTO AND
NOMAD TRANSIT, LLC
This Amendment No. 1 (this “Amendment”) to Contract No. C23184827 (the “Contract” as defined below) is entered into as of April 10 , 2023, by and between the CI TY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and NOMAD TRANSIT, LLC, a Delaware limited liability company, located at 10 Crosby Street, 2 nd Floor, New York, NY 10013 (“CONSULTANT”).
CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing transit and shuttle services, inclusive of equipment, transportation planning, cus tomer engagement, and marketing services, labor and vendor services, and the technology to support services, as detailed therein.
B. The Parties now wish to amend the Contract in order to increase not to exceed compensation by five hundred fifty-eight thousand five hundred fifty dollars ($558,550) from two million forty-three thousand five hundred fifty dollars ($4,043,550.00) to a new not-to-exceed total compensation of two million six hundred one thousand five hundred fifty dollars ($2,601,550.00) for 6,194 additional vehicle hours (from 21,580 hours to 27,774 hours) as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C23184827 between CONSULTANT and CITY, dated December 12, 2022.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4, “NOT TO EXCEED CO MPENSATION” of the Contract is hereb y amended to read as follows:
“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 two million six hundred one thousand five hundred fifty dollars ($2,601,550.00). The hour ly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work DocuSign Envelope ID: B8F3E78B-8F59-413B-B892-951DD0F821ED Item 7
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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.”
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “C” entitled “ Compensation, Amendment No. 1”, AMENDED, REPLACES PREVIOUS.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or Designee
NOMAD TRANSIT, LLC
Officer 1
By:___________________________
Name:_________________________
Title:__________________________
Officer 2
By:___________________________
Name:_________________________
Title:__________________________
Attachments:
EXHIBIT “C” entitled “COMPENSATION, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS)
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Manager
Erin Abrams
Chief Legal Officer
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EXHIBIT C
COMPENSATION, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task 1
(Upfront Costs)
$92,500.00
Task 2
(Vehicle Hours (Up to 27,774 Hours))
$2,503,050.00
Task 3
(Estimated Electricity Cost (To be Treated as a
Pass-Through)
$6,000.00
Sub-total for Services $2,601,550.00
Reimbursable Expenses (if any) $0.00
Total for Services and Reimbursable Expenses $2,601,550.00 Additional Services (if any, per Section 4) $0.00
Maximum Total Compensation $2,601,550.00
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Note: Pricing assumes that the Services provided hereunder are tax exempt and assumes service hours of 8am-6pm M-F. Pricing assumes launch within 4 months of contract signing. Estimated Electricity Cost assumes 2 active EVs with 171 Wh/km efficiency and electricity cost at $0.23 / kWh.
Electricity costs will be treated as a pass-through. In the event that the Services cease to be tax exempt, such taxes will be treated as pass-through and charged to the City.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, ad ministrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are n ot reimbursable expenses hereunder.
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.
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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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: Consent Calendar
Lead Department: Public Works
Meeting Date: April 10, 2023
Report #: 2212-0529
TITLE
Approval of a Purchase Order with The Public Restroom Company in the Amount of $596,556 to Provide and Install Modular Restroom Buildings at Rinconada and Ramos Parks for the Rinconada Park Improvements Capital Improvement Program Project (PE-08001) and Park Restroom Installation Capital Improvement Program Project (PG-19000), including $542,324 for basic services and $54,232 for additional services and Approval of Budget Amendments in the Parks Development Impact Fee Fund and Capital Improvement Fund; CEQA status – Section 15303 exempt
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute Purchase Order No.
C23185725 with The Public Restroom Company (Attachment A) in an amount not to exceed $596,556 for the purchase of two modular park restroom buildings for Rinconada and Ramos Parks for the Rinconada Park Improvements Capital Improvement Program project (PE-08001) and Park Restroom Installation Capital Improvement Program project (PG-19000), including $542,324 for basic services and $54,232 for additional services; and
2. Amend the Fiscal Year 2023 Budget Appropriation for the following funds (requires a 2/3 vote):
a. Parks Development Impact Fee Fund
1. Increase the Transfer to the Capital Improvement Fund by $30,000;
2. Decrease the Ending Fund Balance by $30,000;
b. Capital Improvement Fund
1. Increase the Rinconada Park Improvements Project (PE-08001) appropriation by $30,000;
2. Increase Transfers-In from the Parks Development Impact Fee Fund to the Rinconada Park Improvements Project (PE-08001) by $30,000.
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BACKGROUND
The Rinconada Park Long Range Plan, adopted by Council in 2017, identified the need for a new restroom at the west end of Rinconada Park. A Park Improvement Ordinance1 was also adopted by Council on January 13, 2020, describing Phase 1 improvements to Rinconada Park including the new restroom facility.
On June 22, 2021, Council approved a construction contract2 for Phase 1 of the Rinconada Park Improvements Project (PE-08001), which included park infrastructure, accessibility, and maintenance improvements to the western half of the park. The improvement project was completed in May 2022. However, due to budget constraints and to prioritize improvements, staff removed the new restroom facility from the initial scope of Phase 1 park improvements.
This change to Phase 1 was presented to Council on March 1, 2021. Funding for the new restroom was later added to the Rinconada Park Improvements Project (PE-08001) for Fiscal Year 2023. The proposed restroom will service the entire park but will be closer to the newly renovated playground and group picnic areas at the west end of the park.
In addition to adding a restroom at Rinconada Park, the Palo Alto Parks, Trails, Natural Open Space, and Recreation Master Plan (2017) identified Ramos Park as a potential location for a restroom to support the park facilities. A Park Improvement Ordinance,3 adopted by Council on April 19, 2021, included park improvements and a new restroom facility for Ramos Park.
The Park Restroom Installation Project (PG-19000) provides funding for installation of one restroom every other year at City parks that currently do not have restroom facilities, have high visitation, and are approximately two acres or larger.
ANALYSIS
The Public Restroom Company provides modular restrooms at public facilities, and provided such restrooms for the City in 2017 as part of the Palo Alto Municipal Golf Course Reconfiguration Project. A similar restroom style is being proposed for Rinconada and Ramos Parks. The restrooms will consist of two universal stalls and will be approximately 10 feet by 20 feet in size. They will automatically lock at 10 pm, be cleaned daily, and have security lighting.
The estimated fabrication time for the modular restroom buildings is between 9 to 12 months. 1 City Council, January 13, 2020; Agenda Item #2, SR #10576, https://portal.laserfiche.com/Portal/DocView.aspx?id=64942&repo=r-704298fc&searchid=3a5dc990-c584-4a83- a0df-7f52e90eaba3
2 City Council, June 22, 2021; Agenda Item #1; SR #11269, https://portal.laserfiche.com/Portal/DocView.aspx?id=64941&repo=r-704298fc&searchid=22bd63f4-6ae4-4f45- 964b-7773647c1d17
3 City Council, April 19, 2021; Agenda Item #5; SR #12181, https://portal.laserfiche.com/Portal/DocView.aspx?id=55736&repo=r-704298fc Item 8
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Staff proposes a piggyback contract procurement process as permitted under Palo Alto Municipal Code section 2.30.360(k), allowing the use of another governmental agency’s contract or substantially the same contract terms and exempting the competitive solicitation requirements to purchase the modular buildings. Purchase Order No. C23185725 (Attachment A) incorporates the City of Los Angeles Contract with the Public Restroom Company. The City’s Procurement Officer has determined that the City of Los Angeles solicitation process is substantially similar to the City’s and that the City has good experience with the quality and aesthetics of modular restrooms provided by The Public Restroom Company at the golf course.
This approach would allow staff to purchase the modular restroom buildings directly from the vendor for fabrication and delivery within 9 to 12 months, rather than have a one-year or longer lead time following completion of the bidding process for both design and construction, and Council approval of a construction contract. Prior to completion of the building fabrication, staff will complete a bidding process to award a construction contract for site preparation and utilities work for the building delivery and installation. The restrooms are anticipated to be installed by early 2024.
Staff recommends approval of Purchase Order No. C23185725 with the Public Restroom Company for the purchase of two modular restroom buildings, including cost of the building, installation, all required state inspections and approval, and bonds. The cost of the prefabricated restroom buildings is comparable to previous restroom buildings at City facilities with consideration of cost escalation. For example, the cost of prefabricated restroom buildings and installation for Briones Park and the Golf Course were approximately $120,000 in 2012 and $170,000 in 2017, respectively. In general, the cost of prefabricated restroom buildings has escalated at an average 7-8% per year over the last decade with continued material price increases and market conditions.
FISCAL/RESOURCE IMPACT
The total purchase order with Public Restroom Company is $596,556. This is split between the Rinconada Park Improvement Project PE-08001 and the Park Restroom Installation Project PG- 19000, as detailed in the table below.
Funding for the Ramos Park Restroom is available in the Fiscal Year 2023 Capital Improvement Program Park Restroom Installation Project PG-19000. The recommendation in this memorandum to increase the Fiscal Year 2023 budget appropriation for additional funding in the Rinconada Park Improvement Project (PE-08001) by $30,000 is recommended to be funded by increasing the budgeted transfer from the Parks Development Impact Fee Fund for this project from $400,000 to $430,000 to complete purchase of the prefabricated restroom building and to continue the design and permitting work.
Funding for site preparation and utilities of both restrooms will be requested as part of the Fiscal Year 2024 budget process and constructed by contractors to be determined through a bid solicitation process.
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Funding Source Contract Contingency Total Encumbrance
PE-08001 Rinconada Park
Improvements $271,162 $27,116 $298,278
PG-19000 Park Restroom
Installation $271,162 $27,116 $298,278
Total $542,324 $54,232 $596,556
STAKEHOLDER ENGAGEMENT
Two community meetings (January and August 2020) and a Parks and Recreation Commission (PRC) meeting (February 2020) were held to obtain input on the Ramos Park Renovation and restroom project. On December 15, 2020, the PRC recommended a Park Improvement Ordinance for Council approval.
Two community meetings (February and April 2019), a PRC meeting (February 2019), and a Youth Advisory Board meeting (March 2019) were held to obtain input on the Rinconada Park Improvement Project including the new restroom. The PRC recommended a Park Improvement Ordinance on May 28, 2019, later revised on September 24, 2019 with the added fire pit area for Council approval. Community meetings were held for both Rinconada and Ramos Park restroom projects in February 2023 to provide updates to the community on the latest project plans. In March 2023, a minor Architectural Review Board approval was provided for both restrooms.
ENVIRONMENTAL REVIEW
The installation of modular restroom buildings is categorically exempt from California Environmental Quality Act (CEQA) under Section 15303 (New Construction of Small Structures) of the CEQA guidelines.
ATTACHMENTS
Attachment A: Purchase Order with The Public Restroom Company APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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PURCHASE ORDER NO. C23185725
BETWEEN
THE CITY OF PALO ALTO
AND
THE PUBLIC RESTROOM COMPANY
This Purchase Order is entered into as of April 3, 2023, by and between the CITY OF PALO ALTO, a California chartered city and municipal corporation (“CITY”), and THE PUBLIC RESTROOM COMPANY (“CONTRACTOR”) for the provision of two modular restroom buildings and installation services (as detailed in Section 2 below) on the terms and conditions provided in the City of Los Angeles Contract (as defined in Section 1 below), except as modified by the Purchase Order, as permitted under Palo Alto Municipal Code section 2.30.360(k) allowing the use of another governmental agency’s contract or substantially the same contract terms (commonly called “piggybacking”), as detailed in this Agreement.
1. Contract Documents. This Purchase Order hereby attaches and incorporates the below-listed contract documents by reference as though fully set forth herein, and, collectively, this Purchase Order (including its Exhibit A-C) and the below-listed contract documents constitute the “Agreement” between the parties:
a. City of Los Angeles contract with CONTRACTOR (dated June 22, 2021, contract no. 3804) (the “City of Los Angeles Contract”); and
b. CONTRACTOR’s Proposals to the City of Palo Alto regarding the Rinconada Park Restroom (dated February 23, 2023, reference no. 10862-2/16/2023-0) and Ramos Park (dated February 27, 2023, reference no. 11493) (“CONTRACTOR’s Proposals”).
2. Products, Services to Be Provided. Pursuant to this Agreement, CONTRACTOR will provide to CITY two modular restroom buildings and associated components and installation and associated services detailed in the CONTRACTOR’s Proposals, on the terms and conditions of the City of Los Angeles Contract except as modified by the Purchase Order. The modular restroom buildings furnished hereunder will be compliant with 2022 California Building Code or subsequent (applicable at time of manufacture).
Expressly incorporated into this Purchase Order by this reference are all plans and specifications relating to the modular restroom buildings furnished pursuant to this Agreement; CONTRACTOR shall provide all such plans and specifications to CITY.
3. Term. The term of the Agreement shall be from the date of its full execution through March 31, 2024, unless terminated earlier as provided for in this Agreement. All warranty provisions of this Agreement shall survive the termination or expiration of this Agreement for the duration of the warranty period provided in this Agreement.
4. Schedule of Performance. The work must be completed within 300 calendar days from CONTRACTOR’s receipt of Notice to Proceed (NTP) from CITY, as specified in the CONTRACTOR’s Proposal.
The CONTRACTOR will be responsible for completing the project’s scope of work within this required project schedule. Counting of calendar days will commence on the actual date work begins. It is the CONTRACTOR’s responsibility to request extensions to the contract completion date in writing, and the CITY will determine whether an extension is justified and appropriate.
5. Compensation. As detailed in CONTRACTOR’s Proposal, the compensation to be paid to CONTRACTOR for provision of the materials, products and services to be provided pursuant to this
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Agreement shall not exceed Two Hundred Forty-Five Thousand Three Hundred Seventeen Dollars ($245,317) for each modular restroom building and all associated components delivered to the CITY’s site (retention not applicable), Twenty-One Thousand Two Hundred Sixty-Eight Dollars ($21,268) for turnkey installation services (retention applicable), and Four Thousand Five Hundred Seventy-Seven Dollars ($4,577) for payment and performance bonds, for a total not-to-exceed amount per building of Two Hundred Seventy-One Thousand One Hundred Sixty-Two Dollars ($271,162). The total not-to-exceed amount of this Agreement is Five Hundred Forty-Two Thousand Three Hundred Twenty-Four Dollars ($542,324).
Optional Additional Services Provision (This provision applies only if checked and a not-to- exceed compensation amount for Additional Services is allocated below under this Section 5.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to- exceed compensation amount of Fifty-Four Thousand Two Hundred Thirty-Two Dollars ($54,232) for the performance of Additional Services (as defined below). The total compensation for performance of the Services and any Additional Services, shall not exceed Five Hundred Ninety- Six Thousand Five Hundred Fifty-Six Dollars ($596,556). “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. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 5. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section.
Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit C, entitled “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.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 5. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 5. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
6. Claims Procedure for “9204 Public Works Projects”. For purposes of this Section, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in Exhibit A (Claims for Public Contract Code Section 9204 Public Works Projects).
This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit A (Claims for Public Contract Code Section 9204 Public
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Works Projects) which is hereby attached and incorporated into this Purchase Order as though fully set forth herein.
7. Invoicing; Payment; Delivery; Acceptance; Notice of Completion. CONTRACTOR shall send all invoices to CITY, Attention: Project Manager. The CITY’s Project Manager is: Megha Bansal, Dept.: Public Works, Telephone: (650) 329-2693. Invoices shall be submitted in arrears for products / services provided. Invoices shall provide a detailed statement of products / services provided that are the subject of the invoice. Following receipt of notice of completion (defined below) from CONTRACTOR, the CITY, provided it has accepted the modular restroom building and all associated components (the “Building”) as below, shall pay to the CONTRACTOR the compensation due within twenty (20) business days of invoice date. CONTRACTOR will deliver each Building to CITY to the delivery address indicated in writing by CITY.
Upon delivery, CITY agrees to inspect and accept the Building. The Building is deemed finally accepted at the time of delivery unless CITY notifies CONTRACTOR of a defect or deficiency in writing by email and in writing by regular mail addressed to CONTRACTOR’s business address within five (5) business days after delivery of the Building. “Delivery” means the date that the Building arrives at CITY’s site address. “Notice of completion” means the date of written notice given by CONTRACTOR to CITY that the Building delivery and installation process is complete and the Building is available for CITY’s occupancy.
8. Qualifications. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 2 (Products, Services to Be Provided) of this Purchase Order, and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations.
9. Independent Contractor. CONTRACTOR acknowledges and agrees that CONTRACTOR and any agent or employee of CONTRACTOR will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONTRACTOR performs the Services requested by CITY under this Agreement. CONTRACTOR and any agent or employee of CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR’s performance of the Services, or any agent or employee of CONTRACTOR providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONTRACTOR or any agent or employee of CONTRACTOR. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONTRACTOR’s provision of the Services only, and not as to the means by which such a result is obtained.
10. Subcontractors. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors.
CONTRACTOR shall be fully responsible to CITY for all acts and omissions of subcontractors.
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11. Taxes. All applicable taxes are included in the pricing in the CONTRACTOR’s Proposal.
12. Compliance with Laws. In the provision of products and services under this Agreement, CONTRACTOR shall comply with all applicable federal, state and local laws and regulations.
13. Palo Alto Minimum Wage Ordinance. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be 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, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
14. Warranty. CONTRACTOR’s warranty shall be as provided for in CONTRACTOR’s Proposal. The warranty set forth therein shall survive the expiration or termination of this Agreement for the duration of the full warranty period provided in CONTRACTOR’s Proposal.
15. Audits. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) years following the termination or expiration of this Agreement.
16. No Implied Waiver. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
17. Insurance; Bonds.
a. Insurance. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement the insurance coverage described in CONTRACTOR’s Proposal and as described at Exhibit B (Insurance Requirements). Exhibit B (Insurance Requirements) is hereby attached and incorporated into this Purchase Order by reference as though fully set forth herein. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies
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of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
b. Bonding. CONTRACTOR shall furnish a payment and performance bond each in an amount equal to one hundred percent of the Purchase Order price at the time the Purchase Order is executed. Payment bond and performance bond for public works projects shall be extended in the full amount of the contract for a one-year warranty period beyond the date of Notice of Completion provided by CONTRACTOR.
18. Non-Discrimination. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
19. Workers’ Compensation. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.
20. Termination. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement.
Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY.
21. Assignment. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY.
22. Conflict of Interest. In executing this Agreement, CONTRACTOR 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 this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest.
CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement.
CONTRACTOR agrees to advise CITY if any conflict arises.
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23. Governing Law; Jurisdiction; Venue. This Agreement shall be governed and interpreted by the laws of the State of California without regard to conflict of law provisions. Each of the parties hereto consents to the exclusive jurisdiction and venue of the courts of Santa Clara County, California.
24. Entire Agreement; Modification. This Purchase Order Agreement and the contract documents listed in Section 1 (Contract Documents) constitute the entire agreement between the parties. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. This Agreement may only be modified by written amendment executed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code.
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. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
26. Environmentally Preferred Purchasing and Zero Waste Requirements. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
a. All printed materials provided by CONTRACTOR 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 CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks.
b. Goods purchased by Contractor on behalf 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 Division’s office. c. Reusable/returnable pallets shall be taken back by CONTRACTOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
27. Authority. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
28. Prevailing Wages and DIR Registration for Public Works Contracts.
This project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations. CONTRACTOR is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as
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amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONTRACTOR shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONTRACTOR shall comply with the DIR requirements for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.
29. Contract Terms. Any unchecked boxes in this Purchase Order do not apply to this Agreement. In the event of a conflict, the order of precedence among the contract documents that make up this Agreement shall be: (1) the Purchase Order including its Exhibits A and B; (2) the City of Los Angeles contract; and (3) the Proposals.
30. Excluded Contract Terms. The following standard provisions of the City of Los Angeles Contract shall not apply to this Agreement: PSC-15 (Current Los Angeles City Business Tax Registration Certificate Required); PSC-17 (Bonds); PSC-26 (Mandatory Provisions Pertaining to Non-Discrimination in Employment); PSC-27 (Child Support Assignment Orders); PSC-28 (Living Wage Ordinance); PSC-29 (Service Contractor Worker Retention Ordinance); PSC-31 (Contractor Responsibility Ordinance); PSC-32 (Business Inclusion Program); PSC-33 (Slavery Disclosure Ordinance); PSC-34 (First Source Hiring Ordinance); PSC-35 (Local Business Preference Ordinance); PSC-36 (Iran Contracting Act); PSC-37 (Restrictions on Campaign Contributions and Fund raising in City Elections); and PSC-38 (Contractors' Use of Criminal History for Consideration of Employment Applications). (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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Signatures of the Parties
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO THE PUBLIC RESTROOM COMPANY
Officer 1
____________________________
City Manager
By:_________
Charles E. Kaufman, IV
Name:___________________________
President
Title:____________________________
APPROVED AS TO FORM: Officer 2
__________________________
City Attorney or Designee
By:________ _______
Katie Sherin
Name:___________________________
Title:_______
C
_
o
_
o
_________________
__
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EXHIBIT A
CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS The provisions of this this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims related to the Services performed under this Agreement.
1. Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City.
2. Claim Process.
(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.
(B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim.
The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2.
(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
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(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.
3. Disputed Claims
(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.
(B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.
6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor
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may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
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EXHIBIT B
INSURANCE AND BONDING REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION EMPLOYER’S
LIABILITY
STATUTORY
STATUTORY STATUTORY
$1,000,000
STATUTORY
$1,000,000BODILY INJURY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
PROPERTY DAMAGE $1,000,000
$1,000,000
$1,000,000
$1,000,000CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY & PROPERTY DAMAGE COMBINED.
BODILY INJURY $1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
- EACH PERSON
- EACH OCCURRENCE
YES AUTOMOBILE LIABILITY, INCLUDING ALL
OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000
$1,000,000
$1,000,000
$1,000,000BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
YES
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $2,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, 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 CONTRACTOR AND ITS SUBCONTRACTORS, 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.
B.
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
PROOF OF SPECIAL INSURANCE PER SECTION 17 – INSURANCE/BONDS. This special policy has a $1,000,000 coverage limit.
II. CONTACTOR 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.
C.
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.
NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON- PAYMENT OF PREMIUM, THE CONTRACTOR 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 CONTRACTOR 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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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PO No. C23185725
CONTRACTOR’S PAYMENT SURETY BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”), have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, Principal and ________________________________________________, as Surety, incorporated under the laws of the State of _______________________________, and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court.
It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond.
The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PO No. C23185725
IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on ______________, 20___.
__ Phone Number: ______________
Name of Surety
__
Signature of Surety
By: Its:
Typed or Printed Name Title
__
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:
Typed or Printed Name Title
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
STATE OF )
)COUNTY OF
On , before me,
, a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PO No. C23185725
CONTRACTOR’S PERFORMANCE SURETY BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”) have entered into an agreement dated , and identified as , which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement.
NOW, THEREFORE, Principal and _______________________________________________, as Surety, incorporated under the Laws of the State of
under the Laws of the State of California, are held and firmly bound unto City in the penal sum of ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. , and duly authorized to transact business as an admitted surety, dollars
The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above- mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
/ /
/ /
/ /
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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on _______________, 20_____.
_______________ Phone Number: ______
Name of Surety
_________
Signature of Surety
By: Its:
Typed or Printed Name Title
_________
________
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:
Typed or Printed Name Title
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
STATE OF )
)COUNTY OF
On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
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EXHIBIT C
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.
1B.
2. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
TASK ORDER NO.:
CONSULTANT NAME:
3. 4
PERIOD OF PERFORMANCE: START: COMPLETION:
TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ BUDGET CODE_______________5.
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. 7.
CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 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.
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have authority
to sign on behalf of Consultant.
APPROVED: APPROVED:
CITY OF PALO ALTO COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PO No. C23185725
CITY OF LOS ANGELES CONTRACT WITH THE PUBLIC RESTROOM COMPANY (DATED JUNE 22, 2021, CONTRACT NO. 3804)
The City of Los Angeles Contract with the Public Restroom Company (dated June 22, 2021, contract no. 3804) is attached on the following pages.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA
CONTRACT
BETWEEN
THE CITY OF LOS ANGELES
DEPARTMENT OF RECREATION AND PARKS
AND
THE PUBLIC RESTROOM COMPANY
FOR GENERAL PARK BUILDING CONSTRUCTION FOR PRE-FABRICATED
BUILDINGS
This CONTRACT (“Contract” or “Agreement”) is made and entered into this 22nd day of June_____________2021, by and between the City of Los Angeles, (herein referred to as "CITY"), a municipal corporation acting by and through its Department of Recreation and Parks (hereinafter referred to as "RAP"), acting by and through its Board of Recreation and Park Commissioners (hereinafter referred to as” BOARD”), and THE PUBLIC RESTROOM COMPANY, hereinafter referred to as CONTRACTOR. CITY and CONTRACTOR shall be referred to hereinafter as the "Parties".
RECITALS
WHEREAS, RAP owns various facilities and infrastructure throughout the City of Los Angeles and is responsible for the maintenance and improvements for such facilities and infrastructure; and
WHEREAS, RAP requires the services of an experienced and responsible contractor to perform as-needed services for general park building construction for pre-fabricated buildings in its facilities and parks in the CITY; and
WHEREAS, a Request for Qualification (RFQ) for such services was released on November 5, 2020, and three responses to the RFQ were received on December 10, 2020; and
WHEREAS, the CONTRACTOR’S response met the minimum requirements for the provision of services for general park building construction for pre-fabricated buildings in RAP’s facilities as specified in the RFQ; and
WHEREAS, CONTRACTOR has the necessary equipment and staff possessing sufficient knowledge, expertise, and experience required to provide the necessary services and has indicated its willingness to perform such services; and Item 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA WHEREAS, as a pre-qualified contractor selected through the RFQ, CONTRACTOR shall be invited to bid on projects for pre-fabricated buildings services on an as-needed basis (each a “Project”), and, if CONTRACTOR is awarded any such Project, CONTRACTOR has indicated its willingness to provide the necessary services for the Project upon the terms and conditions set forth in (1) this Agreement, (2) the RFQ and CONTRACTOR’s response to the RFQ (“RFQ Documents”), and (3) the bid notice/documents for the applicable Project and CONTRACTOR’s response thereto (“Bid Documents”); and WHEREAS, RAP, pursuant to Charter Sections 371(e)(2) and 375, finds that it is in its best interest to have pre-qualified contractors and that competitive bidding is not practicable or advantageous as it is necessary for RAP to be able to call on qualified contractors to perform this work as-needed and on an occasional, but frequent, basis without engaging in a new competitive process for each individual project to be performed; however, from among as needed pre-qualified contractors each individual project is assigned on the basis of availability of an as-needed contractor to perform the work, the price to be charged and the unique expertise of the as-needed contractor; and,
WHEREAS, the RAP, pursuant to Charter Section 371(e)(10), finds that use of competitive bidding would be undesirable, impractical or impossible or is otherwise excused by the common law and the City Charter because, unlike the purchase of a specified product, there is no single criterion, such as price comparison, that will determine which proposer can best provide the services required by RAP to provide as-needed pre-fabricated buildings; and
WHEREAS, RAP, pursuant to Charter Sections 372 and 375, and Los Angeles Administrative Code Section 10.15(a)(2), finds that obtaining competitive proposals or bids for each individual project for which work may be performed pursuant to this Agreement is not reasonably practicable or compatible with RAP’s interests of having available as- needed contractors who are assigned various projects on the basis of availability, price and expertise and that it is therefore necessary to have several as-needed contractors for this type of service available when called upon by the RAP to perform services; and, WHEREAS, RAP, pursuant to Charter Section 1022, has determined that the City does not have sufficient or adequate personnel in its employ to undertake this task on an as-needed basis and that it is more feasible and economical to secure said services by contract.
NOW, THEREFORE, the Parties, in consideration of the recitals above and of the terms, covenants, and conditions contained herein, agree as follows:
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA SECTION 1 - PARTIES TO CONTRACT, REPRESENTATIVES AND NOTICE
1.1 Parties
The parties to this Contract are:
CITY - The City of Los Angeles Department of Recreation and Parks, a municipal corporation, having its principal office at 221 North Figueroa Street, Suite 300, Los Angeles, California 90012.
CONTRACTOR – THE PUBLIC RESTROOM COMPANY, having its principal office at 2587 Business Parkway, Minden, Nevada 89423
1.2 Representatives
The representatives of the parties who are authorized to administer this Contract and to whom formal notices, demands and communications will be given for as follows:
CITY’s representative will be:
Michael A. Shull, General Manager
Department of Recreation and Parks
221 North Figueroa Street, Suite 350
Los Angeles, California 90012
With copies to:
Jimmy Newsom, Senior Management Analyst II
Department of Recreation and Parks
6335 Woodley Ave.
Van Nuys, California 91406
Telephone Number: (818) 756-9294
Fax Number: (818) 908-9786
Email: [email protected]
CONTRACTOR’S representative will be:
Charles E. Kaufman IV, President
The Public Restroom Company
2587 Business Parkway
Minden, Nevada 89423
Telephone Number: (888) 8888-2060
Fax Number: (888) 888-1448
Email: [email protected]
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1.3 Notices
Formal notices, demands and communications to be given hereunder by either party will be made in writing and may be effected by personal delivery or certified mail, return receipt requested and will be deemed communicated as of the date of receipt.
If the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this Section, within five (5) working days of the change.
SECTION 2 - TERM OF CONTRACT
The term of this Contract shall be three (3) years from the date of execution of this Contract by the City, subject however to earlier termination by RAP as provided in Appendix A – The Standard Provisions for City Contracts (10/17) [v.3] (or most recent).
SECTION 3 - SERVICES TO BE PERFORMED BY THE CONTRACTOR
3.1 Conduct of Operations
A.
B.
C.
At all times, work must conform to all current, relevant Federal, State and Local Municipal Building Codes which may include but not be limited to the California “Green Book” Building Codes, Universal Building and Electrical Codes, Los Angeles City Building and Electrical Codes.
The Contractor shall endeavor to maintain good public relations at all times.
Any work awarded under this Contract shall be conducted in a manner that will cause the least possible interference with or annoyance to park patrons or RAP employees.
A qualified supervisor shall be present and readily available to City personnel and the public during hours of operation at each work site. The site supervisor shall be available to RAP’s Contract Inspector at all times during normal working hours. Avoiding contact with the Contract Inspector may result in suspension of work awarded under this Contract without extension of any such work.
D.
E.
Contractor’s working hours must coincide with those of the Department of Recreation and Parks (Monday through Friday, 7:00 a.m. – 3:30 p.m., excluding City holidays). The Department of Recreation and Parks must first approve any deviation from these hours and/or work on weekends and/or holidays.
The Contractor shall carefully protect from damage all existing trees, shrubs, plants, fences, and other features. The Contactor shall be liable for any and all damage(s) caused by contract operations to such trees, shrubs, plants, 4 Item 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA other growth and features or property. All damaged trees, shrubs, plants, other growth and features, and property shall be replaced or restored to their original condition to the satisfaction of the Contract Inspector at Contractor’s expense.
F. At all times, traffic control measures should conform to the Work Area Traffic Control Handbook, latest edition, published by Building New, Inc. Pedestrian and vehicular traffic shall be allowed to pass through the work area only under conditions of safety and with as little inconvenience and delay as possible. The Contractor shall provide and maintain adequate barricades and warning devices. Flag persons shall be stationed as reasonably necessary for the safety of persons and vehicles.
G.
H.
The roads and pathways shall be left free of debris at the close of each day’s operation.
Contractor will be responsible for all safety requirements and certifications in accordance with CAL-OSHA rules and regulations. It will be the Contractor’s responsibility to assess the work location and implement safety controls and procedures that are compliant with Title 8 of the California Code of Regulations. All projects will be awarded to Contractor as a “Single Employer” in accordance with CAL OSHA classifications. Contractor will be responsible and have full control over all construction activities as well as safety requirements thereof, for each as-need project awarded under this Contract.
I. The Contractor shall notify the Contract Inspector at least twenty-four (24) hours prior to starting the work under this Contract.
J. If the Contractor, after having officially started any project under this Contract, should discontinue work for any cause, the Contractor shall notify the Contract Inspector of intent to do so, and shall further notify the Contract Inspector of the date of re-starting operations.
K. All work awarded under this Contract shall be completed to the satisfaction of the RAP Contract Inspector. Work will be considered complete only when signed off by the RAP’s Contract Inspector. Work shall be performed to the specifications as determined by the CITY.
L. Failure to comply with any requirement contained herein may result in suspension of project work awarded under this Contract without extension.
M. The RAP Contract Inspector must approve any request for sub-contracting of work prior to such subcontracting.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA N.
O.
Contractor shall provide equipment and personnel for all tasks for all project work awarded under this Contract.
Contractor shall comply with all provisions set forth in the RFQ which identifies obligations, legal or otherwise, for which the selected contractor under the RFQ must comply, including compliance with the applicable provisions of the Labor Code of the State of California relating to Public Works wages, including any prevailing wage requirements.
P. For each Project awarded under this Contract, the Bid Documents for such Project as well as the Notice to Proceed for such Project shall be fully incorporated into and made a part of this Agreement, and CONTRACTOR shall comply with all provisions and requirements and fully perform each and all of the provisions of this Agreement, the RFQ Documents, the Bid Documents, and the Notice to Proceed which are required of it to be performed.
3.2 SERVICES TO BE PROVIDED BY THE CONTRACTOR:
A. On an as-needed basis, Contractor shall perform the following services as may be requested by RAP: Contractors may provide and install pre-fabricated offices, restrooms, concession buildings, storage buildings and field houses Design, engineering, permitting and all associated construction documents may be required. The services for general park building construction for pre-fabricated buildings services shall also include those set forth in the RFQ.
B. Contractor must perform all construction work according to all current, relevant Federal, State and Local Municipal Building Codes which may include but not limited to the California “Green Book” Building Codes, Universal Building and Codes, Los Angeles City Building and Safety Codes. Where applicable all work performed must comply with California’s energy code Title 24.
C. The specific services to be provided by CONTRACTOR for any projects awarded under this Contract shall be as set forth in the statement of work for such project and its related Notice to Proceed issued for such project, both of which shall be incorporated into and made a part of this Contract.
SECTION 4 - SERVICES TO BE PROVIDED BY THE CITY
4.1 4.2
CITY personnel will work cooperatively with the CONTRACTOR to ensure timely approvals of all items required under this Contract.
CITY will promptly act, review, and make decisions as necessary to permit the orderly progress of Contractor’s work under this Contract. 6 Item 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA SECTION 5 - INSPECTION
5.1 5.2
CONTRACTOR must request final inspection from CITY representative for work completed at each site for each project awarded under this Contract.
CONTRACTOR will receive written notification for any services and/or delivery determined by the Project Manager (Construction and Maintenance Supervisor or his/her designee) to be below an acceptable level. This notification shall be in the form of a “Notice to Correct Unacceptable Service.”
5.3 5.4
CONTRACTOR shall respond in writing to the Project Manager indicating what steps are being taken to correct the unacceptable service. If unacceptable service is not corrected after the CONTRACTOR receives the “Notice to Correct Unacceptable Service,” payment may be withheld by the CITY until corrections are made.
If unacceptable service continues, or if the CONTRACTOR receives three or more such notices, the CITY may terminate this Contract as described in PSC-9 Termination, of the Standard Provisions for City Contracts (10/17) [v.3] (or most recent), attached hereto and incorporated herein by reference as Appendix A.
SECTION 6 - COMPENSATION AND INVOICING
6.1 Compensation
CITY will pay CONTRACTOR an amount for service outlined in the “Notice to Proceed” for each individual project awarded under this Contract. The total compensation awarded under this Contract will not exceed Seven Million Dollars ($7,000,000.00) annually on an as-needed basis. CITY in entering in this Contract guarantees no minimum amount of compensation. CITY staff will monitor this not- to-exceed aggregate total.
6.2 CONTRACTOR shall inform CITY of any additional project costs due to unforeseen delays and unexpected changes to the scope of work. Additional project costs shall be itemized by CONTRACTOR and approved by CITY before payment is made to CONTRACTOR. CONTRACTOR must provide a report for each service line item that is awarded to the CONTRACTOR. These reports should reflect all pertinent information as it relates to the services performed. The Report should have the CONTRACTOR’s business name, address, contract number and contact phone, email and location where the service was performed. No payments shall be made by City accounting staff without an authorized signature from City Staff.
6.3 Invoicing
CONTRACTOR shall invoice upon completion of a project by submitting two (2) copies of the invoice which details the work performed in accordance with the 7 Item 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA original scope of work for the project and any approved change orders within thirty (30) days of completion of service.
CONTRACTOR shall submit invoices to:
Department of Recreation and Parks
Attention: Jimmy Newsom
Finance Division, Contracts Administration Section
6335 Woodley Ave.
Van Nuys, CA 91406
All invoices shall be submitted on CONTRACTOR’S letterhead, containing CONTRACTOR’S official logo, or other unique and identifying information such as the name and address of CONTRACTOR. Staff may request evidence that the task has been completed, in the form of a report, brochure or photographs, which shall be attached to all invoices.
Invoices and supporting documentation shall be prepared at the sole expense and responsibility of CONTRACTOR. The City will not compensate CONTRACTOR for costs incurred in invoice preparation. The City may request changes to the content and format of the invoice and supporting documentation at any time. The City reserves the right to request additional supporting documentation to substantiate costs at any time.
Tasks that are completed by subcontractors shall be supported by subcontractor invoices, copies of pages from reports, brochures, photographs, or other unique documentation that substantiates their charges.
Failure to adhere to these policies may result in nonpayment pursuant to Charter Section 262(a), which requires the City Controller to inspect the quality, quantity, and condition of services, labor, materials, supplies, or equipment received by any City office or department, and to approve demands before they are drawn on the Treasury.
SECTION 7 - NON-EXCLUSIVITY
RAP and the CONTRACTOR understand and agree that this is a non-exclusive Agreement to provide services to RAP and that RAP may contract with other contractors to provide similar services during the term of this Agreement.
SECTION 8 - RATIFICATION
At the request of RAP, and because of the urgent need therefore, CONTRACTOR may have begun performance of services required hereunder prior to the execution of this Contract. By its execution hereof, CONTRACTOR hereby accepts that such 8 Item 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA services are subject to all of the terms, covenants, and conditions of this Contract, and CONTRACTOR’S performance of such service.
SECTION 9 - INCORPORATION OF DOCUMENTS
This Contract and exhibits represent the entire integrated agreement of the Parties and supersedes all prior written or oral representations, discussions, and agreements. The following documents are incorporated and made a part hereof by reference:
Appendix A. Standard Provisions for City Contracts (10/17) [v.3] Appendix B. Form 146 Insurance Requirements
Appendix C. RFQ and Compliance Documents on file in Board Office as submitted by Responder
(Signature Page to Follow)
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed by their respective duly authorized representatives.
thExecuted this 18 day THE CITY OF LOS ANGELES, a municipal corporation, acting by and through its BOARD
of June , 20_2_1_ OF RECREATION AND PARK
COMMISSIONERS
By
By
SECRETARY
Executed this
of
day THE PUBLIC RESTROOM COMPANY
, 20___
By
PRESIDENT
PRINT NAME: _________________________
By
SECRETARY
PRINT NAME: _________________________
Approved as to Form:
6/22/21
Michael N. Feuer, City Attorney
Date:
By
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STANDARD PROVISIONS FOR CITY CONTRACTS
TABLE OF CONTENTS
PSC-1
PSC-2
PSC-3
PSC-4
PSC-5
PSC-6
PSC-7
PSC-8
PSC-9
Construction of Provisions and Titles Herein ................................................. 1 Applicable Law, Interpretation and Enforcement............................................ 1 Time of Effectiveness..................................................................................... 1 Integrated Contract ........................................................................................ 2 Amendment.................................................................................................... 2 Excusable Delays........................................................................................... 2 Waiver............................................................................................................ 2 Suspension .................................................................................................... 3 Termination.................................................................................................... 3 PSC-10 Independent Contractor ................................................................................. 5 PSC-11 Contractor’s Personnel................................................................................... 5 PSC-12 Assignment and Delegation ........................................................................... 6 PSC-13 Permits........................................................................................................... 6 PSC-14 Claims for Labor and Materials ...................................................................... 6 PSC-15 Current Los Angeles City Business Tax Registration Certificate Required .... 6 PSC-16 Retention of Records, Audit and Reports....................................................... 6 PSC-17 Bonds............................................................................................................. 7 PSC-18 Indemnification............................................................................................... 7 PSC-19 Intellectual Property Indemnification .............................................................. 7 PSC-20 Intellectual Property Warranty........................................................................ 8 PSC-21 Ownership and License.................................................................................. 8 PSC-22 Data Protection .............................................................................................. 9
STANDARD PROVISIONS
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PSC-23 Insurance ....................................................................................................... 9 PSC-24 Best Terms..................................................................................................... 9 PSC-25 Warranty and Responsibility of Contractor................................................... 10 PSC-26 Mandatory Provisions Pertaining to Non-Discrimination in Employment...... 10 PSC-27 Child Support Assignment Orders................................................................ 10 PSC-28 Living Wage Ordinance ............................................................................... 11 PSC-29 Service Contractor Worker Retention Ordinance ......................................... 11 PSC-30 Access and Accommodations...................................................................... 11 PSC-31 Contractor Responsibility Ordinance............................................................ 12 PSC-32 Business Inclusion Program......................................................................... 12 PSC-33 Slavery Disclosure Ordinance...................................................................... 12 PSC-34 First Source Hiring Ordinance...................................................................... 12 PSC-35 Local Business Preference Ordinance......................................................... 12 PSC-36 Iran Contracting Act ..................................................................................... 12 PSC-37 Restrictions on Campaign Contributions in City Elections............................ 12 PSC-38 Contractors’ Use of Criminal History for Consideration of Employment Applications ................................................................................................. 13 PSC-39 Limitation of City’s Obligation to Make Payment to Contractor .................... 13 PSC-40 Compliance with Identity Theft Laws and Payment Card Data Security Standards .................................................................................................... 14 PSC-41 Compliance with California Public Resources Code Section 5164............... 14 PSC-42 Possessory Interests Tax............................................................................. 14 PSC-43 Confidentiality............................................................................................... 15 Exhibit 1 Insurance Contractual Requirements........................................................... 16
STANDARD PROVISIONS
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STANDARD PROVISIONS FOR CITY CONTRACTS
PSC-1. Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Contract have been inserted for convenience, and shall not be deemed to affect the meaning or construction of any of the terms or provisions of this Contract. The language of this Contract shall be construed according to its fair meaning and not strictly for or against CITY or CONTRACTOR. The word "CONTRACTOR" includes the party or parties identified in this Contract. The singular shall include the plural and if there is more than one CONTRACTOR, unless expressly stated otherwise, their obligations and liabilities shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
PSC-2. Applicable Law, Interpretation and Enforcement
Each party's performance shall comply with all applicable laws of the United States of America, the State of California, and CITY, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing. This Contract shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. CONTRACTOR shall comply with new, amended, or revised laws, regulations, or procedures that apply to the performance of this Contract with no additional compensation paid to CONTRACTOR.
In any action arising out of this Contract, CONTRACTOR consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state or federal courts located in Los Angeles County, California.
If any part, term or provision of this Contract is held void, illegal, unenforceable, or in conflict with any federal, state or local law or regulation, the validity of the remaining parts, terms or provisions of this Contract shall not be affected.
PSC-3. Time of Effectiveness
Unless otherwise provided, this Contract shall take effect when all of the following events have occurred:
A.
B.
C.
D.
This Contract has been signed on behalf of CONTRACTOR by the person or persons authorized to bind CONTRACTOR;
This Contract has been approved by the City Council or by the board, officer or employee authorized to give such approval;
The Office of the City Attorney has indicated in writing its approval of this Contract as to form; and
This Contract has been signed on behalf of CITY by the person designated by the City Council, or by the board, officer or employee authorized to enter into this Contract.
STANDARD PROVISIONS
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PSC-4. Integrated Contract
This Contract sets forth all of the rights and duties of the parties with respect to the subject matter of this Contract, and replaces any and all previous Contracts or understandings, whether written or oral, relating thereto. This Contract may be amended only as provided for in the provisions of PSC-5 hereof.
PSC-5. Amendment
All amendments to this Contract shall be in writing and signed and approved pursuant to the provisions of PSC-3.
PSC-6. Excusable Delays
Neither party shall be liable for its delay or failure to perform any obligation under and in accordance with this Contract, if the delay or failure arises out of fires, floods, earthquakes, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by the party or any of the party's Subcontractors), freight embargoes, terrorist acts, insurrections or other civil disturbances, or other similar events to those described above, but in each case the delay or failure to perform must be beyond the control and without any fault or negligence of the party delayed or failing to perform (these events are referred to in this provision as "Force Majeure Events").
Notwithstanding the foregoing, a delay or failure to perform by a Subcontractor of CONTRACTOR shall not constitute a Force Majeure Event, unless the delay or failure arises out of causes beyond the control of both CONTRACTOR and Subcontractor, and without any fault or negligence of either of them. In such case, CONTRACTOR shall not be liable for the delay or failure to perform, unless the goods or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit CONTRACTOR to perform timely. As used in this Contract, the term "Subcontractor" means a subcontractor at any tier.
In the event CONTRACTOR’S delay or failure to perform arises out of a Force Majeure Event, CONTRACTOR agrees to use commercially reasonable best efforts to obtain the goods or services from other sources, and to otherwise mitigate the damages and reduce the delay caused by the Force Majeure Event.
PSC-7. Waiver
A waiver of a default of any part, term or provision of this Contract shall not be construed as a waiver of any succeeding default or as a waiver of the part, term or provision itself.
A party’s performance after the other party’s default shall not be construed as a waiver of that default.
STANDARD PROVISIONS
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PSC-8. Suspension
At CITY’S sole discretion, CITY may suspend any or all services provided under this Contract by providing CONTRACTOR with written notice of suspension. Upon receipt of the notice of suspension, CONTRACTOR shall immediately cease the services suspended and shall not incur any additional obligations, costs or expenses to CITY until CITY gives written notice to recommence the services.
PSC-9.
A.
Termination
Termination for Convenience
CITY may terminate this Contract for CITY’S convenience at any time by providing CONTRACTOR thirty days written notice. Upon receipt of the notice of termination, CONTRACTOR shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities. CITY shall pay CONTRACTOR its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by CONTRACTOR to effect the termination. Thereafter, CONTRACTOR shall have no further claims against CITY under this Contract. All finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights CITY is entitled to, shall become CITY property upon the date of the termination. CONTRACTOR agrees to execute any documents necessary for CITY to perfect, memorialize, or record CITY’S ownership of rights provided herein.
B. Termination for Breach of Contract
1. Except as provided in PSC-6, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, CITY may give CONTRACTOR written notice of the default. CITY’S default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of CITY. Additionally, CITY’S default notice may offer CONTRACTOR an opportunity to provide CITY with a plan to cure the default, which shall be submitted to CITY within the time period allowed by CITY. At CITY’S sole discretion, CITY may accept or reject CONTRACTOR’S plan. If the default cannot be cured or if CONTRACTOR fails to cure within the period allowed by CITY, then CITY may terminate this Contract due to CONTRACTOR’S breach of this Contract.
2. If the default under this Contract is due to CONTRACTOR’S failure to maintain the insurance required under this Contract, CONTRACTOR shall immediately: (1) suspend performance of any services under this Contract for which insurance was required; and (2) notify its employees and Subcontractors of the loss of insurance coverage and Contractor’s obligation to suspend performance of
STANDARD PROVISIONS
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA services. CONTRACTOR shall not recommence performance until CONTRACTOR is fully insured and in compliance with CITY’S requirements.
3. 4.
5. If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an
assignment for the benefit of creditors, then CITY may immediately terminate this Contract.
If CONTRACTOR engages in any dishonest conduct related to the performance or administration of this Contract or violates CITY’S laws, regulations or policies relating to lobbying, then CITY may immediately terminate this Contract.
Acts of Moral Turpitude
a. CONTRACTOR shall immediately notify CITY if
CONTRACTOR or any Key Person, as defined below, is
charged with, indicted for, convicted of, pleads nolo
contendere to, or forfeits bail or fails to appear in court for a hearing related to, any act which constitutes an offense involving moral turpitude under federal, state, or local laws (“Act of Moral Turpitude”).
b.
c.
If CONTRACTOR or a Key Person is convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, an Act of Moral Turpitude, CITY may immediately terminate this Contract.
If CONTRACTOR or a Key Person is charged with or indicted for an Act of Moral Turpitude, CITY may terminate this
Contract after providing CONTRACTOR an opportunity to
present evidence of CONTRACTOR’S ability to perform
under the terms of this Contract.
d. Acts of Moral Turpitude include, but are not limited to: violent felonies as defined by Penal Code Section 667.5, crimes involving weapons, crimes resulting in serious bodily injury or death, serious felonies as defined by Penal Code Section 1192.7, and those crimes referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2); in addition to and including acts of murder, rape, sexual assault, robbery, kidnapping, human trafficking, pimping, voluntary manslaughter, aggravated assault, assault on a peace officer, mayhem, fraud, domestic abuse, elderly abuse, and child abuse, regardless of whether such acts are punishable by felony or misdemeanor conviction.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA e. For the purposes of this provision, a Key Person is a principal, officer, or employee assigned to this Contract, or owner (directly or indirectly, through one or more intermediaries) of ten percent or more of the voting power or equity interests of CONTRACTOR.
6. 7.
In the event CITY terminates this Contract as provided in this section, CITY may procure, upon such terms and in the manner as CITY may deem appropriate, services similar in scope and level of effort to those so terminated, and CONTRACTOR shall be liable to CITY for all of its costs and damages, including, but not limited to, any excess costs for such services.
If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that CONTRACTOR was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to PSC-9(A) Termination for Convenience.
8. The rights and remedies of CITY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.
C. In the event that this Contract is terminated, CONTRACTOR shall immediately notify all employees and Subcontractors, and shall notify in writing all other parties contracted with under the terms of this Contract within five working days of the termination.
PSC-10. Independent Contractor
CONTRACTOR is an independent contractor and not an agent or employee of CITY.
CONTRACTOR shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of CITY.
PSC-11. Contractor’s Personnel
Unless otherwise approved by CITY, CONTRACTOR shall use its own employees to perform the services described in this Contract. CITY has the right to review and approve any personnel who are assigned to work under this Contract. CONTRACTOR shall remove personnel from performing work under this Contract if requested to do so by CITY.
CONTRACTOR shall not use Subcontractors to assist in performance of this Contract without the prior written approval of CITY. If CITY permits the use of Subcontractors, CONTRACTOR shall remain responsible for performing all aspects of this Contract and paying all Subcontractors. CITY has the right to approve CONTRACTOR’S Subcontractors, and CITY reserves the right to request replacement of any
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA Subcontractor. CITY does not have any obligation to pay CONTRACTOR’S Subcontractors, and nothing herein creates any privity of contract between CITY and any Subcontractor.
PSC-12. Assignment and Delegation
CONTRACTOR may not, unless it has first obtained the written permission of CITY:
A. Assign or otherwise alienate any of its rights under this Contract, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties under this Contract.
PSC-13. Permits
CONTRACTOR and its directors, officers, partners, agents, employees, and Subcontractors, shall obtain and maintain all licenses, permits, certifications and other documents necessary for CONTRACTOR'S performance of this Contract.
CONTRACTOR shall immediately notify CITY of any suspension, termination, lapses, non-renewals, or restrictions of licenses, permits, certificates, or other documents that relate to CONTRACTOR’S performance of this Contract.
PSC-14. Claims for Labor and Materials
CONTRACTOR shall promptly pay when due all amounts owed for labor and materials furnished in the performance of this Contract so as to prevent any lien or other claim under any provision of law from arising against any CITY property (including reports, documents, and other tangible or intangible matter produced by CONTRACTOR hereunder), and shall pay all amounts due under the Unemployment Insurance Act or any other applicable law with respect to labor used to perform under this Contract.
PSC-15. Current Los Angeles City Business Tax Registration Certificate Required For the duration of this Contract, CONTRACTOR shall maintain valid Business Tax Registration Certificate(s) as required by CITY'S Business Tax Ordinance, Section 21.00 et seq. of the Los Angeles Municipal Code (“LAMC”), and shall not allow the Certificate to lapse or be revoked or suspended.
PSC-16. Retention of Records, Audit and Reports
CONTRACTOR shall maintain all records, including records of financial transactions, pertaining to the performance of this Contract, in their original form or as otherwise approved by CITY. These records shall be retained for a period of no less than three years from the later of the following: (1) final payment made by CITY, (2) the expiration of this Contract or (3) termination of this Contract. The records will be subject to examination and audit by authorized CITY personnel or CITY’S representatives at any time. CONTRACTOR shall provide any reports requested by CITY regarding
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA performance of this Contract. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
In lieu of retaining the records for the term as prescribed in this provision, CONTRACTOR may, upon CITY’S written approval, submit the required information to CITY in an electronic format, e.g. USB flash drive, at the expiration or termination of this Contract.
PSC-17. Bonds
All bonds required by CITY shall be filed with the Office of the City Administrative Officer, Risk Management for its review and acceptance in accordance with Los Angeles Administrative Code (“LAAC”) Sections 11.47 et seq., as amended from to time.
PSC-18. Indemnification
Except for the active negligence or willful misconduct of CITY, or any of its boards, officers, agents, employees, assigns and successors in interest, CONTRACTOR shall defend, indemnify and hold harmless CITY and any of its boards, officers, agents, employees, assigns, and successors in interest from and against all lawsuits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by CITY, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever, for death or injury to any person, including CONTRACTOR'S employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of an act, error, or omission by CONTRACTOR, Subcontractors, or their boards, officers, agents, employees, assigns, and successors in interest. The rights and remedies of CITY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. This provision will survive expiration or termination of this Contract.
PSC-19. Intellectual Property Indemnification
CONTRACTOR, at its own expense, shall defend, indemnify, and hold harmless the CITY, and any of its boards, officers, agents, employees, assigns, and successors in interest from and against all lawsuits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by CITY, including but not limited to, costs of experts and consultants), damages or liability of any nature arising out of the infringement, actual or alleged, direct or contributory, of any intellectual property rights, including, without limitation, patent, copyright, trademark, trade secret, right of publicity, and proprietary information: (1) on or in any design, medium, matter, article, process, method, application, equipment, device, instrumentation, software, hardware, or firmware used by CONTRACTOR, or its Subcontractors, in performing the work under this Contract; or (2) as a result of CITY’S actual or intended use of any Work Product (as defined in PSC-21) furnished by CONTRACTOR, or its Subcontractors, under this Contract. The rights and remedies of CITY provided in this section shall not be exclusive
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA and are in addition to any other rights and remedies provided by law or under this Contract. This provision will survive expiration or termination of this Contract.
PSC-20. Intellectual Property Warranty
CONTRACTOR represents and warrants that its performance of all obligations under this Contract does not infringe in any way, directly or contributorily, upon any third party’s intellectual property rights, including, without limitation, patent, copyright, trademark, trade secret, right of publicity and proprietary information.
PSC-21. Ownership and License
Unless otherwise provided for herein, all finished and unfinished works, tangible or not, created under this Contract including, without limitation, documents, materials, data, reports, manuals, specifications, artwork, drawings, sketches, blueprints, studies, memoranda, computation sheets, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, websites, domain names, inventions, processes, formulas, matters and combinations thereof, and all forms of intellectual property originated and prepared by CONTRACTOR or its Subcontractors under this Contract (each a “Work Product”; collectively “Work Products”) shall be and remain the exclusive property of CITY for its use in any manner CITY deems appropriate. CONTRACTOR hereby assigns to CITY all goodwill, copyright, trademark, patent, trade secret and all other intellectual property rights worldwide in any Work Products originated and prepared under this Contract.
CONTRACTOR further agrees to execute any documents necessary for CITY to perfect, memorialize, or record CITY’S ownership of rights provided herein.
CONTRACTOR agrees that a monetary remedy for breach of this Contract may be inadequate, impracticable, or difficult to prove and that a breach may cause CITY irreparable harm. CITY may therefore enforce this requirement by seeking injunctive relief and specific performance, without any necessity of showing actual damage or irreparable harm. Seeking injunctive relief or specific performance does not preclude CITY from seeking or obtaining any other relief to which CITY may be entitled.
For all Work Products delivered to CITY that are not originated or prepared by CONTRACTOR or its Subcontractors under this Contract, CONTRACTOR shall secure a grant, at no cost to CITY, for a non-exclusive perpetual license to use such Work Products for any CITY purposes.
CONTRACTOR shall not provide or disclose any Work Product to any third party without prior written consent of CITY.
Any subcontract entered into by CONTRACTOR relating to this Contract shall include this provision to contractually bind its Subcontractors performing work under this Contract such that CITY’S ownership and license rights of all Work Products are preserved and protected as intended herein.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PSC-22. Data Protection
A. CONTRACTOR shall protect, using the most secure means and technology that is commercially available, CITY-provided data or consumer-provided data acquired in the course and scope of this Contract, including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). CONTRACTOR shall notify CITY in writing as soon as reasonably feasible, and in any event within twenty-four hours, of CONTRACTOR’S discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus.
CONTRACTOR shall begin remediation immediately. CONTRACTOR shall provide daily updates, or more frequently if required by CITY, regarding findings and actions performed by CONTRACTOR until the Data Breach or Security Incident has been effectively resolved to CITY’S satisfaction. CONTRACTOR shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with CITY. At CITY’S sole discretion, CITY and its authorized agents shall have the right to lead or participate in the investigation. CONTRACTOR shall cooperate fully with CITY, its agents and law enforcement.
B. If CITY is subject to liability for any Data Breach or Security Incident, then CONTRACTOR shall fully indemnify and hold harmless CITY and defend against any resulting actions.
PSC-23. Insurance
During the term of this Contract and without limiting CONTRACTOR'S obligation to indemnify, hold harmless and defend CITY, CONTRACTOR shall provide and maintain at its own expense a program of insurance having the coverages and limits not less than the required amounts and types as determined by the Office of the City Administrative Officer of Los Angeles, Risk Management (template Form General 146 in Exhibit 1 hereto). The insurance must: (1) conform to CITY’S requirements; (2) comply with the Insurance Contractual Requirements (Form General 133 in Exhibit 1 hereto); and (3) otherwise be in a form acceptable to the Office of the City Administrative Officer, Risk Management. CONTRACTOR shall comply with all Insurance Contractual Requirements shown on Exhibit 1 hereto. Exhibit 1 is hereby incorporated by reference and made a part of this Contract.
PSC-24. Best Terms
Throughout the term of this Contract, CONTRACTOR, shall offer CITY the best terms, prices, and discounts that are offered to any of CONTRACTOR’S customers for similar goods and services provided under this Contract.
STANDARD PROVISIONS
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PSC-25. Warranty and Responsibility of Contractor
CONTRACTOR warrants that the work performed hereunder shall be completed in a manner consistent with professional standards practiced among those firms within CONTRACTOR’S profession, doing the same or similar work under the same or similar circumstances.
PSC-26. Mandatory Provisions Pertaining to Non-Discrimination in Employment Unless otherwise exempt, this Contract is subject to the applicable non-discrimination, equal benefits, equal employment practices, and affirmative action program provisions in LAAC Section 10.8 et seq., as amended from time to time.
A. CONTRACTOR shall comply with the applicable non-discrimination and affirmative action provisions of the laws of the United States of America, the State of California, and CITY. In performing this Contract, CONTRACTOR shall not discriminate in any of its hiring or employment practices against any employee or applicant for employment because of such person’s race, color, religion, national origin, ancestry, sex, sexual orientation, gender, gender identity, age, disability, domestic partner status, marital status or medical condition.
B.
C.
D.
The requirements of Section 10.8.2.1 of the LAAC, the Equal Benefits Ordinance, and the provisions of Section 10.8.2.1(f) are incorporated and made a part of this Contract by reference.
The provisions of Section 10.8.3 of the LAAC are incorporated and made a part of this Contract by reference and will be known as the “Equal Employment Practices” provisions of this Contract.
The provisions of Section 10.8.4 of the LAAC are incorporated and made a part of this Contract by reference and will be known as the “Affirmative Action Program” provisions of this Contract.
Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-27. Child Support Assignment Orders
CONTRACTOR shall comply with the Child Support Assignment Orders Ordinance, Section 10.10 of the LAAC, as amended from time to time. Pursuant to Section 10.10(b) of the LAAC, CONTRACTOR shall fully comply with all applicable State and Federal employment reporting requirements. Failure of CONTRACTOR to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignment or Notices of Assignment, or the failure of any principal owner(s) of CONTRACTOR to comply with any Wage and Earnings Assignment or Notices of Assignment applicable to them personally, shall constitute a default by the CONTRACTOR under this Contract. Failure of CONTRACTOR or principal owner to cure
STANDARD PROVISIONS
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA the default within 90 days of the notice of default will subject this Contract to termination for breach. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-28. Living Wage Ordinance
CONTRACTOR shall comply with the Living Wage Ordinance, LAAC Section 10.37 et seq., as amended from time to time. CONTRACTOR further agrees that it shall comply with federal law proscribing retaliation for union organizing. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-29. Service Contractor Worker Retention Ordinance
CONTRACTOR shall comply with the Service Contractor Worker Retention Ordinance, LAAC Section 10.36 et seq., as amended from time to time. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-30. Access and Accommodations
CONTRACTOR represents and certifies that:
A.
B.
CONTRACTOR shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;
CONTRACTOR shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;
C.
D.
E.
CONTRACTOR shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities; Construction will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and
The buildings and facilities used to provide services under this Contract are in compliance with the federal and state standards for accessibility as set forth in the 2010 ADA Standards, California Title 24, Chapter 11, or other applicable federal and state law.
CONTRACTOR understands that CITY is relying upon these certifications and representations as a condition to funding this Contract. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
STANDARD PROVISIONS
FOR CITY CONTRACTS (Rev. 10/17) [v.3] 11
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PSC-31. Contractor Responsibility Ordinance
CONTRACTOR shall comply with the Contractor Responsibility Ordinance, LAAC Section 10.40 et seq., as amended from time to time.
PSC-32. Business Inclusion Program
Unless otherwise exempted prior to bid submission, CONTRACTOR shall comply with all aspects of the Business Inclusion Program as described in the Request for Proposal/Qualification process, throughout the duration of this Contract. CONTRACTOR shall utilize the Business Assistance Virtual Network (“BAVN”) at https://www.labavn.org/, to perform and document outreach to Minority, Women, and Other Business Enterprises.
CONTRACTOR shall perform subcontractor outreach activities through BAVN.
CONTRACTOR shall not change any of its designated Subcontractors or pledged specific items of work to be performed by these Subcontractors, nor shall CONTRACTOR reduce their level of effort, without prior written approval of CITY.
PSC-33. Slavery Disclosure Ordinance
CONTRACTOR shall comply with the Slavery Disclosure Ordinance, LAAC Section 10.41 et seq., as amended from time to time. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-34. First Source Hiring Ordinance
CONTRACTOR shall comply with the First Source Hiring Ordinance, LAAC Section 10.44 et seq., as amended from time to time. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-35. Local Business Preference Ordinance
CONTRACTOR shall comply with the Local Business Preference Ordinance, LAAC Section 10.47 et seq., as amended from time to time. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-36. Iran Contracting Act
In accordance with California Public Contract Code Sections 2200-2208, all contractors entering into, or renewing contracts with CITY for goods and services estimated at $1,000,000 or more are required to complete, sign, and submit the "Iran Contracting Act of 2010 Compliance Affidavit."
PSC-37. Restrictions on Campaign Contributions and Fundraising in City Elections Unless otherwise exempt, if this Contract is valued at $100,000 or more and requires approval by an elected CITY office, CONTRACTOR, CONTRACTOR’S principals, and CONTRACTOR’S Subcontractors expected to receive at least $100,000 for performance under the Contract, and the principals of those Subcontractors (the “Restricted Persons”)
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA shall comply with Charter Section 470(c)(12) and LAMC Section 49.7.35. Failure to comply entitles CITY to terminate this Contract and to pursue all available legal remedies.
Charter Section 470(c)(12) and LAMC Section 49.7.35 limit the ability of the Restricted Persons to make campaign contributions to and engage in fundraising for certain elected CITY officials or candidates for elected CITY office for twelve months after this Contract is signed. Additionally, a CONTRACTOR subject to Charter Section 470(c)(12) is required to comply with disclosure requirements by submitting a completed and signed Ethics Commission Form 55 and to amend the information in that form as specified by law. Any CONTRACTOR subject to Charter Section 470(c)(12) shall include the following notice in any contract with any Subcontractor expected to receive at least $100,000 for performance under this Contract:
“Notice Regarding Restrictions on Campaign Contributions and Fundraising in City Elections
You are a subcontractor on City of Los Angeles Contract #_________________. Pursuant to the City of Los Angeles Charter Section 470(c)(12) and related ordinances, you and your principals are prohibited from making campaign contributions to and fundraising for certain elected City of Los Angeles (“CITY”) officials and candidates for elected CITY office for twelve months after the CITY contract is signed. You are required to provide the names and contact information of your principals to the CONTRACTOR and to amend that information within ten business days if it changes during the twelve month time period. Failure to comply may result in termination of this Contract and any other available legal remedies. Information about the restrictions may be found online at ethics.lacity.org or by calling the Los Angeles City Ethics Commission at (213) 978-1960.”
PSC-38. Contractors’ Use of Criminal History for Consideration of Employment Applications
CONTRACTOR shall comply with the City Contractors’ Use of Criminal History for Consideration of Employment Applications Ordinance, LAAC Section 10.48 et seq., as amended from time to time. Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.
PSC-39. Limitation of City’s Obligation to Make Payment to Contractor Notwithstanding any other provision of this Contract, including any exhibits or attachments incorporated therein, and in order for CITY to comply with its governing legal requirements, CITY shall have no obligation to make any payments to CONTRACTOR unless CITY shall have first made an appropriation of funds equal to or in excess of its obligation to make any payments as provided in this Contract. CONTRACTOR agrees that any services provided by CONTRACTOR, purchases made by CONTRACTOR or expenses incurred by CONTRACTOR in excess of the appropriation(s) shall be free and without charge to CITY and CITY shall have no obligation to pay for the services, purchases or expenses. CONTRACTOR shall have no obligation to provide any services,
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA provide any equipment or incur any expenses in excess of the appropriated amount(s) until CITY appropriates additional funds for this Contract.
PSC-40. Compliance with Identity Theft Laws and Payment Card Data Security Standards
CONTRACTOR shall comply with all identity theft laws including without limitation, laws related to: (1) payment devices; (2) credit and debit card fraud; and (3) the Fair and Accurate Credit Transactions Act (“FACTA”), including its requirement relating to the content of transaction receipts provided to Customers. CONTRACTOR also shall comply with all requirements related to maintaining compliance with Payment Card Industry Data Security Standards (“PCI DSS”). During the performance of any service to install, program or update payment devices equipped to conduct credit or debit card transactions, including PCI DSS services, CONTRACTOR shall verify proper truncation of receipts in compliance with FACTA.
PSC-41. Compliance with California Public Resources Code Section 5164 California Public Resources Code Section 5164 prohibits a public agency from hiring a person for employment or as a volunteer to perform services at any park, playground, or community center used for recreational purposes in a position that has supervisory or disciplinary authority over any minor, if the person has been convicted of certain crimes as referenced in the Penal Code, and articulated in California Public Resources Code Section 5164(a)(2).
If applicable, CONTRACTOR shall comply with California Public Resources Code Section 5164, and shall additionally adhere to all rules and regulations that have been adopted or that may be adopted by CITY. CONTRACTOR is required to have all employees, volunteers and Subcontractors (including all employees and volunteers of any Subcontractor) of CONTRACTOR working on premises to pass a fingerprint and background check through the California Department of Justice at CONTRACTOR’S sole expense, indicating that such individuals have never been convicted of certain crimes as referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2), if the individual will have supervisory or disciplinary authority over any minor.
PSC-42. Possessory Interests Tax
Rights granted to CONTRACTOR by CITY may create a possessory interest.
CONTRACTOR agrees that any possessory interest created may be subject to California Revenue and Taxation Code Section 107.6 and a property tax may be levied on that possessory interest. If applicable, CONTRACTOR shall pay the property tax.
CONTRACTOR acknowledges that the notice required under California Revenue and Taxation Code Section 107.6 has been provided.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PSC-43. Confidentiality
All documents, information and materials provided to CONTRACTOR by CITY or developed by CONTRACTOR pursuant to this Contract (collectively “Confidential Information”) are confidential. CONTRACTOR shall not provide or disclose any Confidential Information or their contents or any information therein, either orally or in writing, to any person or entity, except as authorized by CITY or as required by law.
CONTRACTOR shall immediately notify CITY of any attempt by a third party to obtain access to any Confidential Information. This provision will survive expiration or termination of this Contract.
STANDARD PROVISIONS
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PO No. C23185725
CONTRACTOR’S PROPOSAL TO THE CITY OF PALO ALTO
REGARDING THE RINCONADA PARK RESTROOM
The Contractor’s Proposal to the City of Palo Alto regarding the Rinconada Park Restroom is attached on the following pages.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA Revised Price Proposal: Rinconada Park Restroom, Palo Alto CA Date:
Reference:
February 23, 2023
10862-2/16/2023-0
Our Offer to Sell:
1. Restroom Building delivered to site @ $ 245,317
Public Restroom Company (PRC) herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)
2. Installation: Turnkey Installation of the Building above @ $ 21,268 with retention allowed.
Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.
3. Owner/General Contractor Final Tie In of Utilities and other site work:
a. The Owner/Contractor is responsible for making all final plumbing connections at the 6’ POC locations.
b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the 6’ POC location.
c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to run utilities to 6’ POC locations.
4. Total Cost of Building and Installation @ $ 266,585
5. Payment & Performance Bonds @ $4,577
6. Total Cost of Building, Installation & Bonds @ $271,162 Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:
Scope of Work Background:
Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation.
Preparation of Building Pad:
Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC’s, and if required the footings, attached to this scope of work.
Subgrade Pad/Foundation Requirements:
1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets.
2. Excavate the existing site to the depth of the required footings to local code if required.
3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.
Owner/General Contractor verification of site access to allow Building Delivery:
1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer.
2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point.
3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs.
4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.
5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.
6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.
Installation Notice and Site Availability:
PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.
Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for re- mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery.
Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation.
Utility Connections:
1. PRC to complete all internal building plumbing connections and connections from the electrical panel to building’s fixtures. The Owner/ Contractor is responsible for making the final plumbing connections at the 6’ POC locations.
2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the 6’ POC location.
3. The Owner/Contractor is responsible for commissioning the building once final utility connections are made. This includes flushing & testing all water service lines before final startup.
Special Conditions, Permits, and Inspection Fees:
Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.
Jurisdiction for Off-site Work:
Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.
PUBLIC RESTROOM COMPANY SCOPE OF WORK:
Our In Plant/Off-Site Construction Scheduling System:
PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials, Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.
Special Payment and Progress Billing Terms:
Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.
The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.
In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs.
Delivery and Installation:
Site Inspection:
PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building.
Installation:
PRC will install the building turn-key, except for any exclusion (listed under “Exclusions,” herein.) Installation of Utilities under the Prefabricated Building:
We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.
We provide all the buildings under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6’ of the pad and are responsible for final connections at that point.
Connection of Utilities Post Building Placement:
After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6’ from building locations.
Electrical:
PRC provides the electrical conduit to the POC 6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.
Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA Plumbing:
PRC provides the POC up to 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location.
Sewer:
Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.
Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:
Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.
Time of Completion:
PRC estimates a 300 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them.
Exclusions/Exceptions:
1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4” of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.
2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.
3. Sidewalks outside the building footprint.
4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.
Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 8
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA
5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.
6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.
7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.
8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.
9. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.
10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.
11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.
12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.
13. Backflow certification if applicable by Owner/ General Contractor.
Insurance and Prevailing Wage Certification:
PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.
Special Insurance to protect the Building before acceptance:
As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.
Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 6 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725
Item 8: Staff Report
Pg.
57 Packet Pg. 112 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA Errors and Omissions Insurance:
Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.
Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.
WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.
Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.
This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.
The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.
There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.
Term of Offer to Sell and Owner/General Contractor Acceptance:
This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.
Special Notice of Possible Project Cost Increases as a Result of Late Payments:
In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725
Item 8: Staff Report
Pg.
58 Packet Pg. 113 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater.
Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense.
Venue for Contract Jurisdiction:
Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law.
No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.
Offered by: Public Restroom Company by _
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.
Accepted by:
_______________________________
Authorized Signature
_______________________________
Date Signed
_______________________________
Printed Name
_______________________________
Legal Entity Name and Address
Rinconada Park Restroom, Palo Alto CA | 02/23/2023| Reference # 10862-2/16/2023-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725
Item 8: Staff Report
Pg.
59 Packet Pg. 114 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PROJECT REF#: 10862-2/16/2023-0
PALO ALTO, CALIFORNIA
RESTROOM BUILDING
RINCONADA PARK
ARTIST IMPRESSION: 3D
RENDERING ONLY FOR
REPRESENTATION.
COLORS AND MATERIALS
ARE SUBJECT TO CHANGE
COPYRIGHT 2023, PUBLIC
RESTROOM COMPANY
THIS MATERIAL IS THE
EXCLUSIVE PROPERTY OF
PUBLIC RESTROOM
COMPANY AND SHALL
NOT BE REPRODUCED,
FLOOR PLAN
SCALE: NOT TO SCALE
www.PublicRestroomCompany.com U
O
S
T
E
H
D
EROSREDXIC
S
E
C
P
L
T
OS
A
E
S
D
TO
2587 BUSINESS PARKWAY AUTHORIZED BY THE
WRITTEN PERMISSION OF
PUBLIC RESTROOM
COMPANY.
MINDEN NEVADA 89423
P: 888-888-2060 F: 888-888-1448
Item 8
Attachment A - Purchase Order with
The Public Restroom Company,
C23185725
Item 8: Staff Report
Pg.
60 Packet Pg. 115 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PROJECT REF#: 10862-2/16/2023-0
3 -
22'-8" (ROOF OVERALL)
19'-4" (BUILDING OVERALL)1'-8" 1'-8"
7'-4" 4'-8" 7'-4"
ELEC.
PANEL
ACC/ RR
ALL
GENDER
ACC/ RR
ALL
GENDER
2 -
4 -
UTILITY
CHASE
SOAP
DISPENSER
SOAP
DISPENSER
19'-10" (SLAB OVERALL)
1 -
FLOOR PLAN
SCALE: 3/16"=1'0"
C O P Y R I G H T 2 0 2 3 , P U B L I C
RESTROOM BUILDING
REVISION # REVISION
DATE:
SHEET#BUILDING TYPE:
PROJECT:
A-1
R E S T R O O M C O M P A N Y T H I S
MATERIAL IS THE EXCLUSIVE
P R O P E R T Y O F P U B L I C
R E S T R O O M C O M P A N Y A N D
SHALL NOT BE REPRODUCED,
U S E D , O R D I S C L O S E D T O
- DRAWN BY:
RINCONADA PARK RESTROOM
PALO ALTO, CA
PROJECT #: START
DATE:
MAX. PERSON / HOUR:
2/16/2023
90 S
O T H E R S E X C E P T A S
10862
DRAWN BY: EOR
AUTHORIZED BY THE WRITTEN
P E R M I S S I O N O F P U B L I C
R E S T R O O M C O M P A N Y .
~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE Item 8
Attachment A - Purchase Order with
The Public Restroom Company,
C23185725
Item 8: Staff Report
Pg.
61 Packet Pg. 116 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PROJECT REF#: 10862-2/16/2023-0
12 1
T.O. WALL
7'-4"
T.O. WALL
7'-4"
BOARD &
BATTS
BOARD
& BATTS
T.O. SLAB
0'-0"
T.O. SLAB
0'-0"
ELEVATION 1 ELEVATION 2
SCALE:3/16"=1'-0" SCALE:3/16"=1'-0"
12 1
T.O. WALL
7'-4"
T.O. WALL
7'-4"
BOARD
& BATTS
T.O. SLAB
0'-0"
T.O. SLAB
0'-0"
ELEVATION 3 ELEVATION 4
SCALE:3/16"=1'-0" SCALE:3/16"=1'-0"
C O P Y R I G H T 2 0 2 3 , P U B L I C
R E S T R O O M C O M P A N Y T H I S
MATERIAL IS THE EXCLUSIVE
P R O P E R T Y O F P U B L I C
R E S T R O O M C O M P A N Y A N D
SHALL NOT BE REPRODUCED,
U S E D , O R D I S C L O S E D T O
RESTROOM BUILDING
REVISION # REVISION
DATE:
SHEET#BUILDING TYPE:
PROJECT:
A-2- DRAWN BY:
RINCONADA PARK RESTROOM
PALO ALTO, CA
PROJECT #: START
DATE:
MAX. PERSON / HOUR:
2/16/2023
90 S
O T H E R S E X C E P T A S
10862
DRAWN BY: EOR
AUTHORIZED BY THE WRITTEN
P E R M I S S I O N O F P U B L I C
R E S T R O O M C O M P A N Y .
~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE Item 8
Attachment A - Purchase Order with
The Public Restroom Company,
C23185725
Item 8: Staff Report
Pg.
62 Packet Pg. 117 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA
SPECIFICATIONS
Project #: 10862
Project Name: Rinconada Park Restroom
Date: 1/10/2022
Bldg Size: See Drawings
Type of Bldg: PS-022-DF
Restroom
Site :
City, State, Zip: 777 Embarcadero Rd, Palo Alto, CA 94303
TYPE OF BUILDING
Construction Type
HVR-MVR WOOD-LVR Structural steel above cap beam and roof structure, with wood framed walls supporting finishes and T&G ceilingHYBRID
FLOOR SYSTEM
ROOM/ITEM FINISH
Entire Building
Entire Building
Exposed Concrete with Light Broom Finish with Integral Additive for Stain/Moisture Resistance Gray Epoxy with Skid Resistant Additive (Spartacote XPL)
WALL SYSTEM
BUILDING WALLS HEIGHT
Building Walls Height 7'4"
EXTERIOR WALLS - CMU
Precision Exterior 4" CMU
BLOCK TYPE AND COLOR ROWS
AllPrecision Gray
CAP BEAM
Cap Beam Cap Beam, Steel Tube, Painted
WALL FINISHES - EXTERIOR
FINISH
Uncoated
Monopole Perma Shield Anti-Grafitti Coating
TYPE
CMU
All Exterior Finishes
HEIGHT
To Cap Beam
Full Height
FRC Siding -Below- Cap Beam Allura Cedarmill Board & Batt Siding Vertical - Painted FRC Siding -Above- Cap Beam Allura Cedarmill Board & Batt Siding Vertical - Painted To Cap Beam
Above Cap Beam
To Cap Beam
Exterior Paint PPG Exterior Gloss - Colors TBD by client
WALL FINISHES - INTERIOR
FINISHROOM HEIGHT
Restrooms Below Cap Beam
All Interior Restroom Finishes
Restrooms - Above Cap Beam
Mechanical - To Cap Beam
Block filler & paint To Cap Beam
Full Height
Above Cap Beam
To Cap Beam
Above Cap Beam
Monopole Perma Shield Anti-Grafitti Coating
Stucco Pattern FRC - Painted
Block filler & paint
Mechanical - Above Cap Beam Painted OSB
ROOF SYSTEM
ITEM DESCRIPTION
Vertical Seam 24 ga
Entire Building Ceiling
Fascia
Metal Sales Vertical Seam 24 ga 12in. Panel Striations
(LVR) KD T&G Select Deck --- Stained, 716 Cedar Tone
2x6 KD SPF Wrapped With 16 Ga Formed Steel (LVR)
Stainless Steel Wire MeshVents SS Wire Mesh
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725
Item 8: Staff Report
Pg.
63 Packet Pg. 118 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA
DOORS - HARDWARE
ITEM DESCRIPTION
Hollow Metal Doors Hollow Metal: Galvanized 14 GA. Door w/ 14 GA Frame Continuos Hinge Deadbolt
Mortise
Dead bolt Schlage # B660J62, with Removable Full Size Core: Core: 23030C626 # 35056C Control Key Blank SCHLAGE L SERIES: L9485L 06A 626 L283-711 Inside, 722 Outside (x1 RH, x1 LH) Von Duprin Elec Strike,Timer & Pow Von Duprin 6216 US32D 24V DC FSE, Intermatic ET1100 Timer,Von Duprin PS914 w/ 900-2RS N escutcheon with ADA thumb turn indicator (#L283-711 & L283-722). Full size Schlage IC C Keyway Construction Core.
ITEM DESCRIPTION LOCATION
Pull Plates
Latch Guard
Ives 8103EZHD-0 Solid Straight 10" Door Pull, 1" Diameter (For Chase) HES 150 Strike Latch Guard
Door Closer
Weather Strip
Door Sweeps
LCN Closer, Model # 4211 Cush Arm (for Out Swing Door)
Pemko Perimeter Gasketing (3' x 7' Door) # 303-C-S-3684 Pemko Door Sweep 321SSN36"
Restroom
Chase
Chase
Door Threshold (No Tile)
Ives Crash Chain (Standard)
Threshold Fluted Saddle Mill Finish Alum, 4" Wide #270A36 Ives Crash Chain, # CS11526D20, US26D, 20.5, Crash Stop Chase
Chase
Door Kick Plates (Interior Only) Rockwood Metal Kick Plate, # K1050 12" x 34" Restroom
RESTROOM ACCESSORIES
ITEM MANUFACTURER/DESCRIPTION FINISH
Polished Aluminum & Blue
Stainless Steel
Polished Aluminum
Stainless Steel
Gray
Signage
Grab Bars
Door/Wall Signs
Bobrick ADA Stainless Steel grab bars. Bobrick B-6806-48 & B6806-42 Louver Sunvent Industries Model #157 (Chase Standard)
Royce Rolls TP-4
Koala (Horizontal) Wall Mounted/Polythene KB200-01
Fastaire HD03S Hand Dryer (Short)
Louver (Mechanical)
4-roll Toilet Paper Holders
Koala Gray
Hand Dryer
ITEM
Utility Hook
Mirrors - Stainless Steel
Sanitary Napkin Disposal
Toilet Seat Cover Dispenser
Soap Dispenser
MANUFACTURER/DESCRIPTION
Bobrick B-983(Std on Partition Doors, single User RR, Showers,etc) Bobrick B-1556 1830 - Size 18"x30"
Bobrick B-270
Bobrick B-4221
Bobrick B-4112 - Surface Mounted - Above Lavatory So Soap Drips Onto Sink Bobrick B-295X16 Solid Wall Mounted Shelf, 16"W x 5"D, Stainless SteelShelf - Near Sink
PLUMBING
FIXTURE/PART DESCRIPTION
Toilets - Stainless Steel Acorn # 1675 W-1-HET 1.28 GPF-FVBO-ADA-PFS-316SS Lever (Std) - Toilet Flush Valve Zurn W.C. Flush Valve 1.28 Ga Zurn # Z6143AV-HET-7L-BG Lavs - Stainless Steel Rear Connect Acorn # 1652LRB-1-DMS-03-M-316SS Metering Faucet Single Hole Metering Faucet, Chicago Model # 333-E2805-665PSHABCP - Tempered Floor Drains: W/Trap Primer Floor Drain Zurn # ZN460-2NH-5B W/Strainer / With Trap Primer
PLUMBING GENERAL
FIXTURE/PART
Water Heater
DESCRIPTION
Stiebel DHC-E8 1-2 lavatories
Tempered Water to Lavs
Valve Combo (PRV)
Thermostatic Mixing Valve, Acorn Model # ST70-12
Valve Combo with Pressure Reducing Valve
Water Line Material Copper (Std)
Bladder Tank
Hose Bibb- Interior
Hose Reel & Hose
ProFlo PFXT5, (PRC)/ Amtrol 2 gal
Acorn #8121-LF - in the Chase
Hose Reel With 5/8"x75' Garden Hose
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725
Item 8: Staff Report
Pg.
64 Packet Pg. 119 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA
ELECTRICAL
ITEM DESCRIPTION
Electrical Panel
Breakers
100 amp Single Phase - 120/240 v
Plug on (QOD)
20 Circuits
LIGHTING
DESCRIPTION (W=WALL, C=CEILING)ITEM
Lighting Control -Interior-
Timer
Light Fixture Integraded Occupancy Sensor
Intermatic #FF32HH
Interior Lights W/C) Luminaire, Swoop Series SWP1212-OP-BRZ-OCC 25 Watts Lighting Control -Exterior-
Exterior Light
Photo Cell Intermatic Photo Control #EK4336S
W) Luminaire, AEL-24 (Dark Sky Compliant) 32" long 20 Watts 18 WattsChase Lights C) Green AL-41L (small Chase) Waterproof
RECEPTACLES/SWITCHES, HEATERS, FANS, HVAC, LIGHTED SIGNS ITEM
Receptacles
DESCRIPTION
GFCI (Adjacent to Panel)
LOCATION
Switches
Switches By Pass
Emergency Light
Single Pole (Any Other Location)
To By Pass Interior Lighting (OCC) And Exterior Lighting (Photocell) For Testing Lithonia ELM2L Led 2 Head Led Emergency Light (Mechanical Room) Chase
Chase
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725
Item 8: Staff Report
Pg.
65 Packet Pg. 120 of 210
DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PO No. C23185725
CONTRACTOR’S PROPOSAL TO THE CITY OF PALO ALTO
REGARDING THE RAMOS PARK RESTROOM
The Contractor’s Proposal to the City of Palo Alto regarding the Ramos Park Restroom is attached on the following pages.