EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY , unless the maximum amount of compensation is modified via an amendment to this Agreement.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task A
(Emergency Management Planning)
$150,000
Task B
(Emergency Management Training and Exercise Support)
$100,000
Task C
(General Support Services)
$50,000
Sub-total for Services $300,000
Reimbursable Expenses (if any) $0
Total for Services and Reimbursable Expenses $300,000
Additional Services (if any, per Section 4) $0
Maximum Total Compensation $300,000
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: TO BE DETERMINED ON A TASK ORDER BASIS up to the not-to- exceed amount of: TO BE DETERMINED ON A TASK ORDER BASIS. The total for all services and reimbursable expenses under this Agreement shall not exceed $300,000.
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For a Task Order with time and materials billing , City will pre -authorize in writing any approved non-labor expenses to be billed by Consultant, which may include the following:
(1) travel expenses including airfare and car rental shall be invoiced at cost without mark- up; (2) lodging shall be invoiced up to the per diem rate according to the General Services Administration (GSA) rates established at www.gsa.gov (3) meals and incidentals shall be invoiced at the GSA per diem rate (receipts are not required); (4) mil eage shall be invoiced at the federally published rate; and (5) other required non -labor expenses as may be applicable to the project and pre-approved by the City shall be invoiced at cost without mark- up.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Labor Category Y1 Y2 Y3 Y4 Y5 Y6
Project Manager $175.00 $180.25 $185.66 $191.23 $196.96 $202.87 Senior Planner $135.00 $139.05 $143.22 $147.52 $151.94 $156.50 Assistant
Planner
$100.00 $103.00 $106.09 $109.27 $112.55 $115.93
Senior Technical
Specialist
$145.00 $149.35 $153.83 $158.45 $163.20 $168.09
Subject Matter
Expert
$205.00 $211.15 $217.48 $224.01 $230.73 $237.65
GIS Support $120.00 $123.60 $127.31 $131.13 $135.06 $139.11 Consulting Aide $110.00 $113.30 $116.70 $120.20 $123.81 $127.52 Financial
Manager
$105.00 $108.15 $111.39 $114.74 $118.18 $121.72
Administrative
Support
$65.00 $66.95 $68.96 $71.03 $73.16 $75.35
The contract will be on a time and materials basis using approved hourly rates with project costs and any reimbursable expenses negotiated at the time of task order approval.
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: April 15, 2024
Report #:2402-2584
TITLE
Approval of Contract Amendment Number 2 to Seven On-call Consulting Contracts to Increase in the Amount by $500,000 to a Total Not to Exceed to $3.5 Million and Extend Term by Three Months to Provide Expertise for Long Range Planning Projects, Application Processing, Environmental Review, and Other Planning Analysis in the Planning and Development Services Department.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute an amendment for the following seven contracts for long range planning, application processing, historic and environmental review services in an amount not to exceed $500,000 and to extend the contract term for three months. This amendment results in a revised total contract not-to-exceed amount of $3.5 million through September 30, 2024. a. Contract Amendment No. 2 C20178879 with Arnold Mammarella Architecture and Consulting (Attachment A);
b. Contract Amendment No. 2 C20178878 with Metropolitan Planning Group (Attachment B); c. Contract Amendment No. 2 C20178882 with Placeworks, Inc. (Attachment C); d. Contract Amendment No. 2 C20178877A with Lexington Planning (Attachment D); e. Contract Amendment No. 2 C20178891 with Michael Baker International, Inc. (Attachment E); f. Contract Amendment No. 2 C20178881 with Page Southerland Page AE (Attachment F), and; g. Contract Amendment No. 2 C20178884 with Urban Planning Partners, Inc. (Attachment G)
EXECUTIVE SUMMARY
The subject action extends the contract authority and term; no additional budget is requested at this time as budget to support this work has already been included in the approved FY2024 Operating Budget. No work will be assigned to consultants under these contracts unless there is sufficient operating budget to cover the costs.
The Planning and Development Services department relies on the use of on-call service providers for project specific expertise and application processing for development activity.
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related the current planning application processing, the parklet prototype study, the retail study, and projects related to the Housing Element implementation across five of the seven providers: Arnold Mammarella, Architecture and Consulting; Metropolitan Planning Group; Lexington Planning; Michael Baker International, Inc.; and Urban Planning Partners, Inc. In addition, staff expect to utilize available on call providers to assist with Council priorities and to initiate anticipated projects until September 2024.
BACKGROUND
In June 2020, the City Council approved1 eight planning services on-call contracts for a combined not-to-exceed amount of $1.5 million through June 30, 2024. Staff had previously completed a competitive solicitation process to identify the firms best suited to provide consultant support as needed. The original anticipated total not-to-exceed amount was for $5.0 million. Given the financial uncertainty at the time, staff requested a reduced initial amount of $1.5 million, including negotiated rate reductions, and notified Council that staff would need to return for additional contract authority before the end of the contract term.
In April 2023, the City Council approved 2 Amendment No. 1 which increased the not-to-exceed amount to $3.0 million, adjusted hourly rates for Lexington Planning, and omitted Rincon Consultants due to proposed rate increases. At that time, $1.4 million of the contract had been spent on long-range planning projects and current planning application processing, covering key City Council priorities identified throughout the year. While long-range planning is not fully fee- supported, fees from current planning projects offset consultant costs. On-call contracts are utilized as needed, contingent on available funding within the annual Adopted Operating Budget.
ANALYSIS
On-call contracts provide expert service that is efficient, responsive, and available as needed. The PDS Department relies on these contracts to provide necessary expertise to meet the fluctuating demand in long range planning, application processing, historic and environmental review.
Generally, staff will develop a scope of work and issue the project to the firm best suited to execute on the work based on the qualifications such as experience, subject area expertise, and cost. Each of the firms offer varying skills and services, so not all firms are considered for all projects.
To allow for continuity of services, staff is returning to the City Council to increase the not-to- exceed amount by $500,000 to allow for the completion of works in progress prior to the release of a new request for proposals (RFP) with an updated scope in March. Although staff anticipates completing the RFP process by July, an extension until September will allow staff to transition 1 City Council, June 22, 2020, Staff Report 11147:
https://www.cityofpaloalto.org/files/assets/public/agendasminutes- reports/reports/city-manager-reports-cmrs/year-archive/2020/id-11147.pdf 2 City Council, April 3, 2023, Staff Report 2303-1145:
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any ongoing work and projects to the new set of approved on call consultants Approval of the recommended amendment will allow the department to continue utilizing consultants for specific expertise as the competitive solicitation and award process complete. To date, the City has spent or allocated $2.9 million of the contract to support long range planning, current planning application processing, historic and environmental review on projects such as the North Ventura Coordinated Housing Plan, Housing Element Development, Retail Ordinance Development, Parklet Design Standards, and other state mandated legislative updates. This will build capacity to allow for nimble response to Council priorities, assignments, and needs throughout the year.
FISCAL/RESOURCE IMPACT
Use of consultants for specific assistance is an efficient and effective use of resources, allowing the department to quickly access needed technical skills. The cost of the contracts is offset by fees collected by the department for application processing, consistent with the FY 2024 Adopted Municipal Fee Schedule.
The budget for these contracts is contained in the PDS Department adopted budget. Use of contractors for planning work is contingent on (1) approved contracts with capacity to support the required scope; and (2) availability of funding in the department’s approved budget. Staff is only requesting an increase in contract capacity at this time. Corresponding budget requests to fund the increased contract capacity will be brought forward through the budget cycle. No work will be assigned to consultants under these contracts unless there is sufficient operating budget to cover the costs.
STAKEHOLDER ENGAGEMENT
Professional planners and managers in the PDS Department participated in the development of this recommendation given departmental workload.
ENVIRONMENTAL REVIEW
Approval of these contracts is not a project under the California Environmental Quality Act (CEQA) and therefore no environmental review is required.
ATTACHMENTS
Attachment A: Contract No. C20178879 with Arnold Mammarella Architecture and Consulting Attachment B: Contract No. C20178878 with Metropolitan Planning Group Attachment C: Contract No. C20178882 with Placeworks, Inc.
Attachment D: Contract No. C20178877A with Lexington Planning Attachment E: Contract No. C20178891 with Michael Baker International, Inc.
Attachment F: Contract No. C20178881 with Page Southerland Page AE Attachment G: Contract No. C20178884 with Urban Planning Partners, Inc.
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 10
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AMENDMENT NO. 2 TO CONTRACT NO. C20178879
BETWEEN THE CITY OF PALO ALTO AND ARNOLD MAMMARELLA ARCHITECTURE &
CONSULTING
This Amendment No. 2 (this “Amendment”) to Contract No. C20178879 (the “Contract” as defined below) is entered into as of April 1, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and ARNOLD MAMMARELLA ARCHITECTURE & CONSULTING, a sole proprietor, located at 1569 Solano Avenue, #411, Berkeley, CA 94707 (“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 on-call planning support services, as detailed therein.
B. On June 22, 2020, the Contract was entered into as an aggregate amount, not-to- exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four -year term through June 30, 2024, across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891) , as detailed therein
C. On April 3, 2023, the Contract was amended to increase the aggregate amount, not-to-exceed Three Million Dollars ($3,000,000.00) over a four-year term through June 30, 2024, across a total of seven (7 ) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891).
D. The Parties now wish to amend all seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) to extend the contract term by three (3) months, from June 30, 2024 to September 30, 2024, and to increase the aggregate amount by Five Hundred Thousand Dollars ($500,000), from Three Million Dollars ($3,000,000.00), to a not to exceed compensation amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00), 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 C ontract No. C20178879 between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated April 3, 2023
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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 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 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. 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 described in Exhibit A, is in an aggregate amount that shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) over the Term across a total o f seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), of which this is one.
The seven contracts will be administered by the CITY’s PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. CONSULTANT acknowledges and agrees that the CITY is hiring seven (7) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all seven consultants including CONSULTANT, will not exceed in aggregate, across all seven (7) consultant agreements, and will not exceed in aggregate Three Million Five Hundred Thousand Dollars ($3,500,000.00).
CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation “NOT TO EXCEED” amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) during the term of the agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior wr itten authorization of CITY. Additional Services shall mean 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 and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates in Exhibit “C-1” so long as the changes do not increase the not to exceed amount.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provision s of the Contract, including any exhibits thereto, shall remain in full force and effect.
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SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties 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
ARNOLD MAMMARELLA
ARCHITECTURE & CONSULTING
Officer 1
By:
Name: Arnold Mammarella
Title: Principal
[email protected]
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AMENDMENT NO. 2 TO CONTRACT NO. C20178878
BETWEEN THE CITY OF PALO ALTO AND METROPOLITAN PLANNING GROUP
This Amendment No. 2 (this “Amendment”) to Contract No. C20178878 (the “Contract” as defined below) is entered into as of April 1, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and METROPOLITAN PLANNING GROUP, a California corporation, located at 51 E. Campbell Ave #1247 , Campbell, CA, 9500 9 (“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 on-call planning support services, as detailed therein.
B. On June 22, 2020, the Contract was entered into as an aggregate amount, not-to- exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four -year term through June 30, 2024, across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891).
C. On April 3, 202 3, the Contract was amended to increase the aggregate amount, not-to-exceed Three Million Dollars ($3,000,000.00) over a four-year term through June 30, 2024, across a total of seven (7 ) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891)as detailed therein.
D. The Parties now wish to amend all seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) to extend the contract term by three (3) mont hs, from June 30, 2024 to September 30, 2024, and to increase the aggregate amount by Five Hundred Thousand Dollars ($500,000), from Three Million Dollars ($3,000,000.00), to a not to exceed compensation amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00), 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 C ontract No. C20178878 between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated April 3, 2023
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
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SECTION 2. 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 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. 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 described in Exhibit A, is in an aggregate amount that shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) over the Term across a total of seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), of which this is one.
The seven contracts will be administered by the CITY’s PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. CONSULTANT acknowledges and agrees that the CITY is hiring seven (7) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all seven consultants including CONSULTANT, will not exceed in aggregate, across all seven (7) consultant agreements, and will not exceed in aggregate Three Million Five Hundred Thousand Dollars ($3,500,000.00).
CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compens ation “NOT TO EXCEED” amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) during the term of the agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the pr ior written authorization of CITY. Additional Services shall mean 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 and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates in Exhibit “C-1” so long as the changes do not increase the not to exceed amount.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other pro visions 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.
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(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: B886EEE0-E8BA-467E-B911-7B0281F3D093 Item 10
Attachment B - Contract
No. C20178878 with
Metropolitan Planning
Group
Item 10: Staff Report
Pg.
10 Packet Pg. 117 of 248
Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties 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
METROPOLITAN PLANNING GROUP
Officer 1
By:
Name: Geoff Bradley
Title: President
[email protected]
Officer 2
By:
Name: Heather Bradley
Title: Treasurer
[email protected]
DocuSign Envelope ID: B886EEE0-E8BA-467E-B911-7B0281F3D093 Item 10
Attachment B - Contract
No. C20178878 with
Metropolitan Planning
Group
Item 10: Staff Report
Pg.
11 Packet Pg. 118 of 248
Vers.: Aug. 5, 2019
AMENDMENT NO. 2 TO CONTRACT NO. C20178882
BETWEEN THE CITY OF PALO ALTO AND PLACEWORKS, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C20178882 (the “Contract” as defined below) is entered into as of April 1, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PLACEWORKS, INC., a a California corporation, located at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 (“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 on-call planning support services, as detailed therein.
B. On June 22, 2020, the Contract was entered into as an aggregate amount, not-to- exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four -year term through June 30, 2024, across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891).
C. On April 3, 202 3, the Contract was amended to increase the aggregate amount, not-to-exceed Three Million Dollars ($3,000,000.00) over a four-year term through June 30, 2024, across a total of seven (7 ) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) as detailed therein.
D. The Parties now wish to amend all seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) to extend the contract term by three (3) m onths, from June 30, 2024 to September 30, 2024, and to increase the aggregate amount by Five Hundred Thousand Dollars ($500,000), from Three Million Dollars ($3,000,000.00), to a not to exceed compensation amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00), 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 C ontract No. C20178882 between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated April 3, 2023
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
DocuSign Envelope ID: 011C2A97-6C91-4B1C-8DB2-5CE9066B3C1B Item 10
Attachment C - Contract
No. C20178882 with
Placeworks, Inc.
Item 10: Staff Report
Pg.
12 Packet Pg. 119 of 248
Vers.: Aug. 5, 2019
SECTION 2. 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 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. 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 described in Exhibit A, is in an aggregate amount that shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) over the Term across a total of seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), of which this is one.
The seven contracts will be administered by the CITY’s PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. CONSULTANT acknowledges and agrees that the CITY is hiring seven (7) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all seven consultants including CONSULTANT, will not exceed in aggregate, across all seven (7) consultant agreements, and will not exceed in aggregate Three Million Five Hundred Thousand Dollars ($3,500,000.00).
CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compens ation “NOT TO EXCEED” amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) during the term of the agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the pr ior written authorization of CITY. Additional Services shall mean 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 and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates in Exhibit “C-1” so long as the changes do not increase the not to exceed amount.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other pro visions 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.
DocuSign Envelope ID: 011C2A97-6C91-4B1C-8DB2-5CE9066B3C1B Item 10
Attachment C - Contract
No. C20178882 with
Placeworks, Inc.
Item 10: Staff Report
Pg.
13 Packet Pg. 120 of 248
Vers.: Aug. 5, 2019
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: 011C2A97-6C91-4B1C-8DB2-5CE9066B3C1B Item 10
Attachment C - Contract
No. C20178882 with
Placeworks, Inc.
Item 10: Staff Report
Pg.
14 Packet Pg. 121 of 248
Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties 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
PLACEWORKS, INC.
Officer 1
By:
Name: Kara L Kosel
Title: Vice President
[email protected]
Officer 2
By:
Name: Keith McCann
Title: Secretary
[email protected]
DocuSign Envelope ID: 011C2A97-6C91-4B1C-8DB2-5CE9066B3C1B Item 10
Attachment C - Contract
No. C20178882 with
Placeworks, Inc.
Item 10: Staff Report
Pg.
15 Packet Pg. 122 of 248
Vers.: Aug. 5, 2019
AMENDMENT NO. 2 TO CONTRACT NO. C20178877A
BETWEEN THE CITY OF PALO ALTO AND LEXINGTON PLANNING LLC
This Amendment No. 2 (this “Amendment”) to Contract No. C20178877A (the “Contract” as defined below) is entered into as of April 1, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and LEXINGTON PLANNING LLC, a Vermont limited liability company, located at P.O. Box 832, Middlebury, VT, 05753 (“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 on-call planning support services, as detailed therein.
B. On June 22, 2020, the Contract was entered into as an aggregate amount, not-to- exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four -year term through June 30, 2024, across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891).
C. On April 3, 202 3, the Contract was amended to increase the aggregate amount, not-to-exceed Three Million Dollars ($3,000,000.00) over a four-year term through June 30, 2024, across a total of seven (7 ) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) as detailed therein
D. The Parties now wish to amend all seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) to extend the contract term by three (3) mont hs, from June 30, 2024 to September 30, 2024, and to increase the aggregate amount by Five Hundred Thousand Dollars ($500,000), from Three Million Dollars ($3,000,000.00), to a not to exceed compensation amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00), 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 C ontract No. C20178877A between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated April 3, 2023
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
DocuSign Envelope ID: 9378E04B-B934-4405-A826-02AB63496D69 Item 10
Attachment D - Contract
No. C20178877A with
Lexington Planning
Item 10: Staff Report
Pg.
16 Packet Pg. 123 of 248
Vers.: Aug. 5, 2019
SECTION 2. 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 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. 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 described in Exhibit A, is in an aggregate amount that shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) over the Term across a total of seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), of which this is one.
The seven contracts will be administered by the CITY’s PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. CONSULTANT acknowledges and agrees that the CITY is hiring seven (7) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all seven consultants including CONSULTANT, will not exceed in aggregate, across all seven (7) consultant agreements, and will not exceed in aggregate Three Million Five Hundred Thousand Dollars ($3,500,000.00).
CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compens ation “NOT TO EXCEED” amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) during the term of the agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the pr ior written authorization of CITY. Additional Services shall mean 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 and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates in Exhibit “C-1” so long as the changes do not increase the not to exceed amount.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other pro visions 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.
DocuSign Envelope ID: 9378E04B-B934-4405-A826-02AB63496D69 Item 10
Attachment D - Contract
No. C20178877A with
Lexington Planning
Item 10: Staff Report
Pg.
17 Packet Pg. 124 of 248
Vers.: Aug. 5, 2019
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: 9378E04B-B934-4405-A826-02AB63496D69 Item 10
Attachment D - Contract
No. C20178877A with
Lexington Planning
Item 10: Staff Report
Pg.
18 Packet Pg. 125 of 248
Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties 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
LEXINGTON PLANNING LLC
Officer 1
By:
Name: Jean Eisberg
Title: Principal
[email protected]
DocuSign Envelope ID: 9378E04B-B934-4405-A826-02AB63496D69 Item 10
Attachment D - Contract
No. C20178877A with
Lexington Planning
Item 10: Staff Report
Pg.
19 Packet Pg. 126 of 248
Vers.: Aug. 5, 2019
AMENDMENT NO. 2 TO CONTRACT NO. C20178891
BETWEEN THE CITY OF PALO ALTO AND MICHAEL BAKER INTERNATIONAL, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C20178891 (the “Contract” as defined below) is entered into as of April 1, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MICHAEL BAKER INTERNATIONAL, INC., a Penns ylvania corporation, located at 100 Airside Drive Moon Township, PA 15108 (“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 on-call planning support services, as detailed therein.
B. On June 22, 2020, the Contract was entered into as an aggregate amount, not-to- exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four -year term through June 30, 2024, across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891).
C. On April 3, 202 3, the Contract was amended to increase the aggregate amount, not-to-exceed Three Million Dollars ($3,000,000.00) over a four-year term through June 30, 2024, across a total of seven (7 ) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) as detailed therein
D. The Parties now wish to amend all seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) to extend the contract term by three (3) mont hs, from June 30, 2024 to September 30, 2024, and to increase the aggregate amount by Five Hundred Thousand Dollars ($500,000), from Three Million Dollars ($3,000,000.00), to a not to exceed compensation amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00), 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 C ontract No. C20178891 between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated April 3, 2023
DocuSign Envelope ID: 2C539EA7-359A-4AED-9171-794ED3A824AB Item 10
Attachment E - Contract
No. C20178891 with
Michael Baker
International, Inc.
Item 10: Staff Report
Pg.
20 Packet Pg. 127 of 248
Vers.: Aug. 5, 2019
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 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 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. 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 described in Exhibit A, is in an aggregate amount that shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) over the Term across a total of seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), of which this is one.
The seven contracts will be administered by the CITY’s PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. CONSULTANT acknowledges and agrees that the CITY is hiring seven (7) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all seven consultants including CONSULTANT, will not exceed in aggregate, across all seven (7) consultant agreements, and will not exceed in aggregate Three Million Five Hundred Thousand Dollars ($3,500,000.00).
CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compens ation “NOT TO EXCEED” amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) during the term of the agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the pr ior written authorization of CITY. Additional Services shall mean 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 and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates in Exhibit “C-1” so long as the changes do not increase the not to exceed amount.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other pro visions of the Contract, including any exhibits thereto, shall remain in full force and effect.
DocuSign Envelope ID: 2C539EA7-359A-4AED-9171-794ED3A824AB Item 10
Attachment E - Contract
No. C20178891 with
Michael Baker
International, Inc.
Item 10: Staff Report
Pg.
21 Packet Pg. 128 of 248
Vers.: Aug. 5, 2019
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.)
DocuSign Envelope ID: 2C539EA7-359A-4AED-9171-794ED3A824AB Item 10
Attachment E - Contract
No. C20178891 with
Michael Baker
International, Inc.
Item 10: Staff Report
Pg.
22 Packet Pg. 129 of 248
Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties 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
MICHAEL BAKER INTERNATIONAL, INC.
Officer 1
By:
Name: Christopher Alberts
Title: Vice President
[email protected]
Officer 2
By:
Name: Richard Beck
Title: Asst. Secretary
[email protected]
DocuSign Envelope ID: 2C539EA7-359A-4AED-9171-794ED3A824AB Item 10
Attachment E - Contract
No. C20178891 with
Michael Baker
International, Inc.
Item 10: Staff Report
Pg.
23 Packet Pg. 130 of 248
Vers.: Aug. 5, 2019
AMENDMENT NO. 2 TO CONTRACT NO. C20178881
BETWEEN THE CITY OF PALO ALTO AND PAGE SOUTHERLAND PAGE, INC. dba PAGE SOUTHERLAND PAGE AE, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C20178881 (the “Contract” as defined below) is entered into as of April 1, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PAGE SOUTHERLAND PAGE, INC. dba PAGE SOUTHERLAND PAGE AE, INC., a Delaware corporation, located at 1100 Louisiana, Suite One, Houston, TX 77002 (“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 on-call planning support services, as detailed therein.
B. On June 22, 2020, the Contract was entered into as an aggregate amount, not-to- exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four -year term through June 30, 2024, across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891).
C. On April 3, 202 3, the Contract was amended to increase the aggregate amount, not-to-exceed Three Million Dollars ($3,000,000.00) over a four-year term through June 30, 2024, across a total of seven (7 ) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) as detailed therein.
D. The Parties now wish to amend all seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) to extend the contract term by three (3) mont hs, from June 30, 2024 to September 30, 2024, and to increase the aggregate amount by Five Hundred Thousand Dollars ($500,000), from Three Million Dollars ($3,000,000.00), to a not to exceed compensation amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00), 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 C ontract No. C20178881 between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated April 3, 2023
DocuSign Envelope ID: 4193CCDB-8CBC-430C-8290-A57344A876DB Item 10
Attachment F - Contract
No. C20178881 with Page
Southerland Page AE
Item 10: Staff Report
Pg.
24 Packet Pg. 131 of 248
Vers.: Aug. 5, 2019
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 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 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. 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 described in Exhibit A, is in an aggregate amount that shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) over the Term across a total of seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), of which this is one.
The seven contracts will be administered by the CITY’s PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. CONSULTANT acknowledges and agrees that the CITY is hiring seven (7) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all seven consultants including CONSULTANT, will not exceed in aggregate, across all seven (7) consultant agreements, and will not exceed in aggregate Three Million Five Hundred Thousand Dollars ($3,500,000.00).
CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compens ation “NOT TO EXCEED” amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) during the term of the agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the pr ior written authorization of CITY. Additional Services shall mean 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 and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates in Exhibit “C-1” so long as the changes do not increase the not to exceed amount.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other pro visions of the Contract, including any exhibits thereto, shall remain in full force and effect.
DocuSign Envelope ID: 4193CCDB-8CBC-430C-8290-A57344A876DB Item 10
Attachment F - Contract
No. C20178881 with Page
Southerland Page AE
Item 10: Staff Report
Pg.
25 Packet Pg. 132 of 248
Vers.: Aug. 5, 2019
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.)
DocuSign Envelope ID: 4193CCDB-8CBC-430C-8290-A57344A876DB Item 10
Attachment F - Contract
No. C20178881 with Page
Southerland Page AE
Item 10: Staff Report
Pg.
26 Packet Pg. 133 of 248
Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties 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
PAGE SOUTHERLAND PAGE, INC. dba
PAGE SOUTHERLAND PAGE AE, INC.
Officer 1
By:
Name: Barbara Maloney
Title: Vice President
[email protected]
Officer 2
By:
Name: Catherine Britt
Title: Chief Financial Officer
[email protected]
DocuSign Envelope ID: 4193CCDB-8CBC-430C-8290-A57344A876DB Item 10
Attachment F - Contract
No. C20178881 with Page
Southerland Page AE
Item 10: Staff Report
Pg.
27 Packet Pg. 134 of 248
Vers.: Aug. 5, 2019
AMENDMENT NO. 2 TO CONTRACT NO. C20178884
BETWEEN THE CITY OF PALO ALTO AND URBAN PLANNING PARTNERS, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C2017888 4 (the “Contract” as defined below) is entered into as of April 1, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and URBAN PLANNING PARTNERS, INC., a California corporation, located at 388 17th Street, Suite 230, Oakland, CA 94612 (“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 on-call planning support services, as detailed therein.
B. On June 22, 2020, the Contract was entered into as an aggregate amount, not-to- exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four -year term through June 30, 2024, across a total of eight (8) c onsultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891) , as detailed therein
C. The Parties entered into Amendment No. 1 to increase the aggregate amount, not- to-exceed Three Million Dollars ($ 3,000,000.00) over a four -year term through June 30, 2024, across a total of seven (7) c onsultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), as detailed therein.
D. The Parties now wish to amend all seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891) to extend the contract term by three (3) months, from June 30, 2024 to September 3 0, 2024, and to increase the aggregate amount by Five Hundred Thousand Dollars ($500,000), from Three Million Dollars ($3,000,000.00), to a not to exceed compensation amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00), 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 C ontract No. C20178884 between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated April 3, 2023
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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 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 30, 2024, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. 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 described in Exhibit A, is in an aggregate amount that shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00) over the Term across a total of seven (7) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178884, and C20178891), of which this is one.
The seven contracts will be administered by the CITY’s PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. CONSULTANT acknowledges and agrees that the CITY is hiring seven (7) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all seven consultants including CONSULTANT, will not exceed in aggregate, across all seven (7) consultant agreements, and will not exceed in aggregate Three Million Five Hundred Thousand Dollars ($3,500,000.00).
CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation “NOT TO EXCEED” amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) during the term of the agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CON SULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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 and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates in Exhibit “C-1” so long as the changes do not increase the not to exceed amount.
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.
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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 P arties 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
URBAN PLANNING PARTNERS, INC.
Officer 1
By:
Name: Lynette Dias
Title: Principal
[email protected]
Officer 2
By:
Name: Carla Violet
Title: Associate Principal
[email protected]
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: April 15, 2024
Report #:2401-2504
TITLE
Approval of: (1) Contract No. 4524000393 with StarChase, LLC for GPS Vehicle Tracking Implementation for a three-year term in an amount not to exceed $224,657; and (2) StarChase GPS Vehicle Tracking Technology Surveillance Use Policy; CEQA status – categorically exempt.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager to execute Contract No. 4524000393 (Attachment A) with StarChase LLC, for 3 years, not to exceed $224,657 to implement GPS tracking technology; and
2. Approve the StarChase GPS Vehicle Tracking Technology Surveillance Use Policy to enable the use of GPS technology to track and apprehend wanted vehicles and suspects (Attachment B).
EXECUTIVE SUMMARY
This report contains a surveillance evaluation of StarChase GPS vehicle tracking technology, as required by PAMC section 2.30.620, describing the uses and benefits of fixed GPS vehicle tracking technology, associated privacy considerations and applicable law. Staff is recommending Council approve a three-year contract for the purchase, installation and support of GPS vehicle tracking devices which can be deployed from a patrol vehicle and affixed to a fleeing suspect vehicle, as well as a GPS vehicle tracking technology surveillance use policy. A suspect vehicle tagged with a GPS vehicle tracking device can be monitored remotely, enabling officers to identify a safer location for later contact and apprehension, as opposed to engaging in a vehicle pursuit. The use of GPS vehicle tracking technology provides several potential benefits, including reduced risk to the public and officers due to police pursuits, increased likelihood of suspect apprehension and recovery of stolen vehicles and property, crime deterrence, and improved regional police collaboration. This contract is entirely grant-funded by the State of California Board of State and Community Corrections (BSCC).
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BACKGROUND
On December 4, 2023 the Council approved 1 the City’s execution of a grant agreement with the State of California Board of State and Community Corrections (BSCC), pursuant to which the Police Department would receive State funds over a period of three years to be spent combatting organized retail theft and vehicle theft. The BSCC grant award included an allocation of funding to cover the purchase, installation and training costs associated with the deployment of StarChase GPS vehicle tracking technology. This staff report brings forward a contract with StarChase, LLC for the deployment of this technology, as well as the associated Surveillance Use Policy.
Global Positioning System (GPS) technology allows for an equipped device’s geographic location to be ascertained and tracked remotely. Law enforcement already utilizes this technology to locate and recover stolen property equipped with GPS capability (e.g., vehicles, mobile telephones) or to which a GPS tag has been affixed (e.g., AirTags). The StarChase Guardian is a different application of the same technology. Using the device, an officer inside of a patrol vehicle can launch a small GPS tracking device using compressed air, affixing it via adhesive to the rear of a fleeing (or potentially-fleeing) suspect vehicle. Once deployed, instead of engaging in a potentially dangerous pursuit of the vehicle, the officer can remotely track the vehicle’s location and identity a safer and more advantageous location to attempt contact and apprehension.
GPS vehicle tracking devices have existed for more than a decade but, prior to the StarChase Guardian, required manual installation on a stationary vehicle. StarChase is the only product on the market that enables a tracker to be remotely applied to a moving (or potentially moving) suspect vehicle.
ANALYSIS
The addition of GPS vehicle tracking technology will provide officers with a viable alternative to engaging in potentially dangerous vehicle pursuits of fleeing suspects and increase the chances of apprehending fleeing suspects and recovering stolen property. This technology is being used widely by many local police agencies to apprehend suspects, locate stolen vehicles, and solve crimes where a vehicle has been used.
This report recommends the Council approve the following:
•A three-year contract with StarChase, LLC (4524000393) for GPS vehicle tracking technology implementation, and
•StarChase GPS Vehicle Tracking Technology Surveillance Use Policy and Surveillance Evaluation
1 City Council, December 4, 2023; Agenda Item #4; SR #2309-2066, https://portal.laserfiche.com/Portal/DocView.aspx?id=69071&repo=r-704298fc&searchid=cdf196f0-aa7d-44f9-936f-901e178e9868 Item 11
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Three Year Contract with StarChase, LLC
The proposed three-year contract calls for StarChase, LLC to deliver and support twenty StarChase Guardian patrol-vehicle-mounted GPS launchers. StarChase, LLC will complete the installation and setup of four Guardian launcher units; the remaining sixteen units will be installed by the Police Department’s existing fleet outfitting vendor. The proposed contract also calls for StarChase, LLC to provide the Department with introductory training and browser-based access to its StarChase data platform, and to securely store the Department’s data for 30 days unless it is specifically identified as evidence in a specific criminal investigation.
An exemption to competitive solicitation was approved by the City Manager, pursuant to Palo Alto Municipal Code section 2.30.360 (d), allowing for a sole source purchase where there is no comparable competitive product except that provided by the equipment manufacturer. No other manufacturer produces a launcher that can be mounted onto a patrol vehicle and is capable of launching a GPS device from a moving patrol vehicle onto a moving suspect vehicle and provide real-time GPS tracking.
StarChase GPS Vehicle Tracking Technology Surveillance Use Policy Palo Alto’s Surveillance Technology ordinance (No. 5420), codified at PAMC § 2.30.620, et seq. sets criteria and procedures to protect personal privacy in the acquisition and use of surveillance technology, and provide for ongoing oversight. GPS vehicle tracking technology is “surveillance technology” as defined by the ordinance. The ordinance requires Council approval of the acquisition of new surveillance technology and of a Surveillance Use Policy specific to each new approved technology. In approving new surveillance technology, the Council must determine that its benefits outweigh the associated costs and concerns.
The ordinance sets forth specific elements that must be present in a Surveillance Use Policy, including limitations on access, use, and retention, as well as a description of compliance procedures. The Department has prepared and attached a Surveillance Use Policy, which addresses each of these elements.
In addition, prior to the approval by the Council of a new surveillance activity, the ordinance requires the completion of a Surveillance Evaluation, consisting of the five specific elements below.
Surveillance Evaluation
(1) A description of the surveillance technology, including how it works and what information it captures;
Global Positioning System (GPS) technology allows for an equipped device’s geographic location to be ascertained and tracked remotely. The StarChase Guardian is a law enforcement application of GPS technology. The Guardian launcher is mounted to the front of a patrol vehicle Item 11
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and activated via a small panel inside the cabin. The device uses compressed air to launch a small GPS tracking device (“tag”) toward a suspect vehicle which is fleeing or expected to flee. The tag affixes to the target vehicle via adhesive and begins transmitting a GPS signal, which can be tracked using StarChase’s browser-based platform. Once deployed, instead of engaging in a potentially dangerous pursuit of the vehicle, the officer can remotely track the vehicle’s location and identity a safer and more advantageous location to attempt contact and apprehension.
The tag does not capture any information other than the geographic location of the vehicle to which it is affixed.
(2) Information on the proposed purpose, use and benefits of the surveillance technology; Purpose: Recent years have seen regional increases in catalytic converter thefts, auto burglaries, vehicle thefts and organized retail thefts. The community has also experienced several brazen robberies and residential burglaries. Those responsible for such crimes commonly use a vehicle to flee from the crime scene and frequently utilize a stolen vehicle, or a vehicle bearing stolen plates, which can frustrate efforts to identify and apprehend suspects who elude initial capture.
Suspects commonly flee from police, forcing officers to choose between allowing a suspect to elude capture or engaging in a potentially dangerous vehicle pursuit. The StarChase Guardian system allows officers to launch a small GPS tracking device from a patrol vehicle and affix it to a fleeing suspect vehicle. The suspect vehicle can then be tracked remotely, in lieu of a vehicle pursuit, and contacted later at a safer, more advantageous location.
Neighboring Agency Usage: Other local police departments are currently using StarChase GPS technology, including but not limited to San Mateo, South San Francisco, Daly City, and Fremont, with others in the process of acquiring the technology. Anecdotally, jurisdictions that have been using the technology for a meaningful period of time report experiencing a reduction in police pursuits and an increase in suspect apprehensions and the recovery of stolen property and stolen vehicles.
Benefits of Usage: The use of the StarChase system provides several potential benefits:
•Community Safety: Fleeing suspects commonly engage in erratic and unsafe driving behaviors (e.g., excessive speed, unsafe turns, violations of traffic signal, wrong-way driving). While police receive a great deal of training in safe emergency vehicle operations, pursuits still pose an inherent risk to the safety of officers as well as uninvolved pedestrians, cyclists, and motorists. A suspect vehicle that has been tagged with a GPS tracking device need not be actively pursued by police; officers can track it remotely and identify a safer location for contact and apprehension. •Apprehension: Fleeing suspects who elude police apprehension present an on-going threat to the public and diminish the likelihood that stolen vehicles or stolen property will be recovered. The use of GPS tracking devices enhances the ability of police to safely Item 11
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track, locate and apprehend suspects who would otherwise have avoided capture, and recover vehicles and property that would otherwise have remained outstanding. •Solving Crimes Already Committed: Suspects involved in vehicle theft and organized retail theft frequently offend in multiple jurisdictions, often in the same day. When apprehended, they commonly possess property stolen on other dates or from other locations, and evidence of involvement in other offenses. An increased rate of apprehension is likely to result in solving other crimes. •Regional Coordination: Fleeing suspects often enter other jurisdiction during flight, posing challenges for pursuing officers who may lack familiarity with other jurisdictions. Once a fleeing vehicle has been tagged with a GPS tracking device, Palo Alto officers can monitor the suspect vehicle’s movements remotely and coordinate their response with other agencies, to ensure a timely response and identify the safest and most effective location for contact and apprehension.
•Deterrence: The mere presence of the StarChase GPS tracking devices – and any media reporting on their use to apprehend suspects– may act as a deterrent. Police personnel have reported to staff that some criminals will intentionally target jurisdictions where they believe officers are prohibited from pursuing them, while avoiding jurisdictions perceived as more likely to pursue. While the use of StarChase is intended to reduce the likelihood of a pursuit by the Police Department, it is anticipated to increase the likelihood of eventual apprehension.
One of the City Council’s four priorities this calendar year is Community Health, Safety, Wellness and Belonging (“safety infrastructure and systems” was one of the included subtopics). Further, the 2030 Comprehensive Plan includes policies S-1.6 and S-1.7, which supports a balanced approach of utilizing safety technology with policy-driven safeguards. The Department believes that the deployment of a GPS vehicle tracking devices, with sound polices and training, would support crime prevention, criminal apprehension, stolen vehicle recovery, and criminal investigation.
(3) The location or locations where the surveillance technology may be used; StarChase Guardian GPS launchers will be installed on twenty patrol vehicles, comprising most of the Department’s patrol vehicle fleet. GPS tracking devices could be deployed at any location when a suspect vehicle has fled or is anticipated to flee. (4) Existing federal, state and local laws and regulations applicable to the surveillance technology and the information it captures; the potential impacts on civil liberties and privacy; and proposals to mitigate and manage any impacts;
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parking lots) is generally permissible under both California and federal law; however, the California Electronics Communications Privacy Act (CalECPA) places limitations on the use of GPS tracking technology by law enforcement. As a general rule, law enforcement is required to obtain a search warrant to access electronic data concerning a suspect or vehicle’s location.
Exceptions to this requirement include reported stolen vehicles or stolen property, suspects known to be subject to parole search terms, and emergency situations where the information is immediately necessary to prevent death or serious physical injury. In circumstances where obtaining a warrant is not feasible (e.g., a fleeing suspect vehicle), a warrant may be obtained retroactively. The Department’s proposed surveillance use policy incorporates the requirements of CalECPA.
The American Civil Liberties Union (ACLU) has previously written about StarChase GPS vehicle tracking devices. The ACLU opined that their warrantless use to tag and contemporaneously track a vehicle fleeing from a lawful detention was lawful under federal law, while pointing out the public safety benefits of fewer high speed pursuits.2 Data captured by the StarChase GPS tracking device will be securely stored by StarChase for a period of 30 days, unless it has been identified as relevant to a specific criminal investigation, in which case it will be retained longer.
Internally, data will only be accessible via the StarChase browser-based platform to trained staff with a legitimate law enforcement need, and all queries will be logged and subject to audit. The Department will only share its data with other local law enforcement agencies subject to written requests articulating a case-specific need. Neither the Department, nor the third-party vendor, will share the Department’s data with any non-law enforcement entities. (5) The costs for the surveillance technology, including acquisition, maintenance, personnel and other costs, and current or potential sources of funding.
In year one, this contract will come at a total (grant-funded) cost of $165,308, including the devices, initial installation and setup, 2-year warranty, user training, data storage, and tracking platform access. Year two will come at a total (grant funded) cost of $26,400, for continued tracking platform access and data storage. Year three will come at a total cost of $32,955, including continued tracking platform access, data storage, and a third year of warranty coverage.
TIMELINE
The Department is informed that, following Council approval, StarChase anticipates being able to complete its delivery, installation and setup process within 60-90 days. Associated Department personnel training and policy implementation can also be accomplished during this timeframe.
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FISCAL/RESOURCE IMPACT
The Department is contracting for the purchase of twenty StarChase Guardian GPS launchers, as well as three years of access to StarChase’s browser-based tracking platform. StarChase will warranty all of the launchers and GPS devices during the 3-year duration of the contract and will maintain or replace as needed. StarChase will complete the installation and setup of four Guardian launcher units; the remaining sixteen units will be installed by the Department’s existing fleet outfitting vendor. All of these costs will be covered by the existing BSCC grant funding.
At the end of the grant term, continued use of the StarChase GPS devices would require an annual subscription cost (currently $26,400) associated with continued data storage and tracking platform access. The Department will bring forward an associated request for funding at that time, as part of the annual budget process, if this cost cannot otherwise be absorbed in the Department‘s budget or funded via grant.
Data storage - other than specific data identified as evidence in a criminal investigation - will be the responsibility of StarChase, and the data will be accessed via a browser-based platform, requiring no new software.
In year one, this contract will come at a total (grant-funded) cost of $165,308, including the launchers and GPS devices, initial installation and setup, 2-year warranty, user training, data storage, and tracking platform access. Year two will come at a total (grant funded) cost of $26,400, for continued tracking platform access and data storage. Year three will come at a total cost of $32,955, including continued tracking platform access, data storage, and a third year of warranty coverage.
STAKEHOLDER ENGAGEMENT
Upon learning that its application for BSCC grant funding had been granted, the Department issued a news release on September 14, 2023, which detailed the intended uses of the funding, including the acquisition of GPS vehicle tracking devices. Several local media outlets published articles regarding the BSCC grant award and the Department’s plan to purchase StarChase GPS devices.
The December 4, 2023 staff report, requesting Council approval to execute the BSCC grant agreement, detailed the intended uses of the funding, including the acquisition of StarChase GPS devices.
In preparing both its BSCC grant application and its deployment guidelines and procedures, the Department consulted multiple other local agencies already using the technology in order to learn industry best practices.
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ENVIRONMENTAL REVIEW
Approval of this agreement and surveillance policy are categorically exempt under CEQA regulation 15321 for enforcement actions.
ATTACHMENTS
Attachment A: StarChase LLC, Contract No. 4524000393
Attachment B: PAPD StarChase GPS Vehicle Tracking Technology Surveillance Use Policy APPROVED BY:
Andrew Binder, Police Chief
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0010 PD GUARDIAN - VX (1) vEHICLE MOUNTED LAU 20 EA 5,990.00 119,800.00 Catalog number: 23-SC-VML-BL
0020 PD GUARDIAN - VX 12 MONTH EXTENDED WARRA 20 EA 327.75 6,555.00 Catalog number: 23-SC-WARR-12-YR3
0030 PD GUARDIAN - VX TOTAL SOLUTION PACKAGE 20 EA 3,960.00 79,200.00 Catalog number: 23-SC-TSP-T3
0040 PD GUARDIAN - VX VEHICLE INSTALLATION PE 4 EA 702.00 2,808.00 Catalog number: 23-SC-INSTALL
0050 PD GUARDIAN - VX ON-SITE DISPATCH AND OP 1 EA 3,500.00 3,500.00 Catalog number: 23-SC-TRAIN
0060 SHIPPING AND HANDLING 1 EA 1,862.20 1,862.20 Vendor Address
STARCHASE LLC
PO BOX 10057
VIRGINIA BEACH VA 23450
Tel: 9256955102
Bill To:
Police Department
City of Palo Alto
275 Forest Avenue
Palo Alto CA 94301
Ship To:
Police Department
City of Palo Alto
275 Forest Avenue
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4524000393
Date 03/19/2024
Vendor No. 108202
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best way
Required Date 04/08/2024
Buyer/Phone Philip Mai / 650-329-2178
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
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This Purchase Order (PO) attaches and incorporates the following contract documents into this PO by reference as though fully set forth herein:
1. StarChase Standard Terms and Conditions
2. Scope of Service and Schedule of Performance
3. StarChase Quotation No. 00015215
4. Exhibit A - Insurance Requirements
5. Exhibit B - Information of Privacy Policy
6. Exhibit C - Cybersecurity Terms and Conditions
7. Exhibit D - Surveillance Use Policy
-------------------------
Sub-Total 213,725.20
Sales Tax 10,931.75
*** ORDERING VIA EMAIL ***
**** PRICE HAS BEEN QUOTED ****
Vendor Address
STARCHASE LLC
PO BOX 10057
VIRGINIA BEACH VA 23450
Tel: 9256955102
Bill To:
Police Department
City of Palo Alto
275 Forest Avenue
Palo Alto CA 94301
Ship To:
Police Department
City of Palo Alto
275 Forest Avenue
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
Total 224,656.95
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4524000393
Date 03/19/2024
Vendor No. 108202
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best way
Required Date 04/08/2024
Buyer/Phone Philip Mai / 650-329-2178
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
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1 Standard Terms and Conditions
Ar
ticle 1 PRICING AND ORDERING
1.1 Pricing.
1.1.1 Products. Customer pricing is set forth as provided in a formal, enumerated quotation, by an authorized StarChase representative.
1.1.2 Services. Prices for additional engineering/installation services other than these needed to install or operate Pursuit Management Equipment and/or other equipment and accessories supplied pursuant to this Agreement are established under this Agreement on an hourly basis at the then current rates.
1.2 Purchase Orders. Customer shall purchase only those Products set forth on Orders duly issued by an authorized representative of Customer’s Purchasing Department. Each Order shall, at a minimum, specify the following information for each Product listed thereon:
(1) the Part Number and Product Name.
(2) the quantity ordered.
(3) the total purchase price.
(4) shipping instructions.
(5) delivery destination with one or more points of contact clearly marked “to the attention of:” (the “Delivery Destination”); and
(6) the required delivery date for the Product at the Delivery Destination (the “Delivery Date”).
Purchase Orders shall be submitted to Seller in writing and may be sent electronically, by facsimile, or by mail. Scanned electronic delivery is the preferred method.
1.3 Acceptance. Unless Customer is notified to the contrary in writing within fifteen (15) days following the day StarChase’s financial department received an Order from Customer, StarChase will be deemed to have accepted the Order for generally available Products and/or Maintenance Services.
StarChase agrees that it will not unreasonably refuse acceptance of any Order issued by the Customer pursuant to this Agreement. Each Order will be deemed to be incorporated as part of this Agreement upon Customer’s issuance thereof. However, any pre-printed terms and conditions set forth on the Order or any other document submitted by Customer will be null and void, unless previously negotiated and mutually accepted in writing between StarChase and Customer.
1.4 StarChase’s – Total Solutions Package (TSP / annual subscription) term begins 30 days upon acceptance of StarChase Hardware by customer (Please see Article 3 ACCEPTANCE BY CUSTOMER).
1.5 Total Solutions Package (TSP / annual subscription) provides allocated training rounds and a full complement of “live” GPS rounds per hardware unit (includes all data charges incurred by StarChase at no additional cost to agency) and access to CoreView real-time mapping platform with support.
Article 2 SHIPMENT AND DELIVERY
2.1 Packing. Unless otherwise agreed in writing by the Parties, all Products shall be prepared, marked (bar coded where possible), and packed for shipment in accordance with StarChase’s standard packing procedures.
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2 2.2 Shipping. Customer will be responsible for all transportation charges for the Products.
StarChase will not make partial shipment of individual components of Products without prior approval from the Customer. In the absence of shipping instructions, StarChase shall select a carrier.
2.3 Delivery and Risk of Loss. StarChase shall comply with any reasonable special shipping instructions provided by Buyer. Unless otherwise agreed in writing, delivery under this Agreement shall be complete upon transfer of possession to a common carrier, FOB Virginia Beach, Virginia, whereupon all risk of loss, damage or destruction of the Products or other items delivered to Customer under this Agreement shall pass to Customer.
Article 3 ACCEPTANCE BY CUSTOMER
3.1 In General. Unless the parties have previously agreed upon alternative acceptance criteria for the Products, as specified in writing and set forth in the applicable Order, Products delivered to Customer will be subject to the acceptance procedure set forth in this Article 3. The provisions of this Article 3 will also apply to all replacement Products.
3.2 If StarChase Installs. Acceptance of Products that StarChase is responsible to install shall occur upon the following:
(1) completion of StarChase's standard installation procedures that demonstrate conformance to StarChase's applicable publicly available written specifications in effect at the time of delivery; and (2) successful demonstration that the Products meet StarChase's written specifications, if any, as mutually agreed upon by the parties in writing prior to the time of Order.
3.3 If Customer Installs. With respect to Products which are Customer's responsibility to install, Customer will have a period of fifteen (15) days from receipt by Customer to test such Products to assure that they:
(1) successfully operate in conformance to StarChase's applicable publicly available installation and operation specifications in effect at the time of delivery; and (2) successfully demonstrate that they meet the Customer’s written specifications, if any, as mutually agreed upon by the parties in writing prior to the time of the Order.
Unless StarChase has been notified by the Customer that such Products do not conform to such specifications, such Products will be deemed to have been accepted by the Customer at the end of such fifteen (15) daytime period.
3.4 Adjustments and Replacements. Upon written notification of a Product’s nonconformance, StarChase will, at its expense, promptly adjust, repair, or replace the Product(s) as required so that they can be accepted in accordance with the provisions of this Article 5.
3.5 Installation of StarChase Hardware must be performed by a StarChase certified technician, StarChase certified customer agency technician, or StarChase certified third-party technician. Installation performed by any non-StarChase certified technician immediately voids original and or extended warranty of StarChase hardware.
3.6 Specific to Guardian-HX hand-held product, customer acceptance is defined by successful receipt of product in good working order notwithstanding any damage incurred during delivery transport (see Article 2 SHIPMENT AND DELIVERY)
Article 4 BILLING AND PAYMENT
4.1 Billing. StarChase shall invoice Customer for all Products at the time of shipment.
StarChase shall issue a separate invoice for each Order containing the following information (“Invoice(s)”):
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3 (1) the description and quantity of Products ordered
(2) the quantity of Products shipped
(3) the Delivery Destination and day/date confirming product delivery (4) the Purchase Order number
(5) the Purchase Price for each Product
(6) the total Purchase Price for the Purchase Order; and (7) any applicable taxes, freight charges, and applicable discounts.
All Invoices, bills of lading, and freight bills for the Products shall be delivered to Customer at the “Bill To” address shall be shown on the face of Customer’s Purchase Order.
4.2 Payment. Subject to the terms and conditions contained herein, Customer will remit payment of the Purchase Price due hereunder, less any applicable discounts or offsets, for each Conforming Product within thirty (30) days of Customer’s receipt of the Invoice, therefore. All invoiced amounts shall be subject to a two percent (2%) early payment discount for all payments remitted by the Customer within fifteen (15) days of the Customer’s receipt of such invoice. All fees paid are not refundable unless expressly stated otherwise.
4.3 Late Payment. Any payment which is past due and caused by reasons attributable to Customer will be subject to a monthly charge at the rate of one- and one-half percent (1.5%) per month of the amount due or the maximum rate permitted by law, whichever is lower.
Article 5 OBLIGATIONS OF CUSTOMER
5.1 Customer agrees that it has a duty to become familiar with the operational and technical requirements set forth by StarChase and to advise, and hereby warrants that it has advised, StarChase of any requirements, including, Internet access, data storage, installation requirements outside the normal scope, installation change orders, modifications, alterations, special construction or any other requirement necessary to provide delivery, implementation and operation of such StarChase equipment and/or services, or other items to achieve optimal performance. Customer further agrees that, for all such equipment and/or services provided by StarChase, it has made StarChase aware of any modifications or alterations needed, and StarChase agrees to provide all such equipment and/or services for the prices submitted to Customer in the Agreement. If Customer identifies any unforeseen discrepancy that impairs the performance of the Pursuit Management equipment and/or accessories any amendments/change orders to rectify the impairment must be specifically authorized by StarChase in writing.
5.2 Customer agrees to promptly notify StarChase of any transfer of hardware units to other vehicles and obtain the required transfer kit to maintain product warranty.
5.3 Customer agrees to comply with Guardian-HX Operating Manual. Failure to follow all safety precautions and handling requirements may result in forfeiture of warranty claims.
Article 6 LIMITED WARRANTY
6.1 Limited Warranty. StarChase hereby represents and warrants that: (a) it is authorized:
(1) to sell the StarChase Hardware and Third-Party Hardware; and (2) license the StarChase Software, third party software embedded in the StarChase Software and StarChase Hardware and Third-Party Software and Hardware to Customer. (b) unless otherwise agreed to in an Order, all StarChase Hardware and Third-Party Hardware will be:
(1) of genuine and authentic manufacture; and
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4 (2) new and unused (but may contain some remanufactured components that will operate as new). (c) all Maintenance Services, including Maintenance Updates and Software Upgrades that may be provided as a component software Maintenance Services furnished by StarChase will be performed in a professional manner by qualified personnel.
(d) StarChase Hardware will be free from manufacturing defects and will be in good operating condition in accordance with StarChase's publicly available written specifications in effect at the time of delivery during StarChase’s initial two-year warranty period for the StarChase Hardware (Guardian-VX) and one-year warranty period for (Guardian-HX); and
(e) StarChase Software (exclusive of Maintenance Updates and Software Upgrades, which are provided as components of applicable Maintenance Services) will perform in accordance with StarChase's publicly available written specifications in effect at the time of Delivery during StarChase's initial two-year warranty period (Guardian-VX) and one-year warranty period (Guardian-HX). The warranty periods specified in (d) and (e) above will commence on the date of installation of the StarChase Hardware and StarChase Software as applicable (Guardian-VX) and receipt of delivery (Guardian-HX) (Please see:
Article 3 ACCEPTANCE BY CUSTOMER). However, if upon installation (Guardian-VX) or customer acceptance (Guardian-HX) the StarChase Hardware and/or StarChase Software is not performing in accordance with StarChase's publicly available written specifications or the mutually agreed upon specific acceptance criteria, if any, the warranty periods specified in (d) and (e) above will be extended for the period it takes StarChase (or authorized contractor) to make the necessary adjustments, repairs or replacements. StarChase will, at its sole option, cost, and expense, promptly adjust, repair, or replace the Products that do not conform to the warranties specified herein or re-perform Maintenance Services as required to satisfy the warranties specified herein.
6.2 Extended Warranty. If applicable, Customer may purchase StarChase's Annual Post Warranty Service
6.3 Third-Party Products. All Third-Party Products are subject to the third party's warranty provisions, copies of which will be provided to Customer by StarChase. Notwithstanding the warranties specified in this Article 6 for Third-Party Hardware, StarChase will pass through to Customer, as between Customer and the third party, the benefit of any third-party warranty provisions applicable to Third-Party Products and such warranty provisions are hereby passed through by StarChase for the benefit of Customer. Third Party Software that is licensed by StarChase. At Customer's option, Customer may engage StarChase for support of such Third-Party Software licensed by StarChase to Customer in accordance with terms, conditions and charges mutually agreed upon in writing by the authorized representatives of both parties.
6.4 Replacement Parts. Any replacement of StarChase Hardware or part provided by StarChase as part of its warranty service will be comparable in function and performance to the replaced original StarChase Hardware or part and is warranted for the remainder of the replaced original StarChase Hardware or parts limited warranty period, of ninety (90) days, whichever is greater. Whenever Customer is responsible to install replacement of StarChase Hardware or parts:
(1) Customer will promptly return the replaced StarChase Hardware or part which will become the property of StarChase on an exchange basis.
(2) StarChase is responsible for the shipping and insurance charges associated with the replacement and replacement of StarChase Hardware and parts shipped to and from Customer as part of StarChase's limited warranty service.
(3) Service to StarChase Hardware must be performed by a direct StarChase certified technician, StarChase certified customer technician, or StarChase certified third-party technician (4) Customer will not make any returns to StarChase without first obtaining a written Return Merchandise Authorization (RMA) number by emailing [email protected], which shall be DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Item 11
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5 promptly issued by StarChase upon request by customer. StarChase will ship out replacement(s) once it’s been determined the current part(s) is defective or faulty. StarChase will provide customers with a prepaid shipping label to return defective part(s) associated with RMA. All Products for return shall be marked with a Return Merchandise Authorization number issued by StarChase to enable tracking.
(5) To avoid being billed for unreturned equipment, please return all your StarChase products related to this warranty within 60 days of the date your equipment was received. (6) Customer agrees to pay StarChase the full purchase price in connection with any Products which the customer fails to return within the specified time period listed herein.
6.5 Return / Refund Process: Products purchased from StarChase, LLC. (StarChase) will be accepted for return without a restocking fee if received within thirty (30) days of receipt and subject to the terms herein. Products older than 30 days will be subject to a 35% restock charge. Note: custom and discontinued items are non-returnable unless return is due to an error by StarChase. To submit a Return Request:
(1) email [email protected]
to obtain Return Authorization Number.
(2) original purchase order number must be provided along with a brief explanation for return / refund request.
(3) customers will receive acknowledgement of request and a Return Authorization Number within 24 hours of submission, from the StarChase Customer Support team.
6.6 Return Material Handling:
(1) Please include a copy of the Return Authorization form with the merchandise being returned (2) Returns must be in original packaging and condition. (3) Material must be packed in a manner that will protect it from damage in transit. (4) Material received by StarChase that is not in its original condition may be subject to a restocking fee or deemed non-returnable.
6 .7 Return Shipping Costs:
(1) Return shipping costs are the responsibility of the customer except in the case of defective material.
(2) Traceable shipping method is required such as UPS or FedEx. Always retain a record of the tracking number(s).
(3) Lost packages and freight claims are the responsibility of the customer. 6 .8 Credit:
(1) Returned material is subject to inspection. After material confirmation, credit will be issued within 30-45 days.
(2) When possible, Credit will be issued in the same manner as the original payment method. (3) If material arrives back with damage due to inadequate packaging, StarChase will not issue credit for the product.
(4) Materials returned outside the 90-day return window, not in original or unused condition, will be subject to a restock charge and/or deemed non-returnable.
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6 6.9 Restrictions on Warranty. This express warranty is extended by StarChase to the original purchaser only. The limited warranties set forth in this Article 10 do not apply to problems to the extent that they arise from
(1) a product subject to misuse, accident, neglect, or damage. (2) interoperation with third party products which are not recommended or approved by StarChase. (3) Service to StarChase Hardware must be performed by a direct StarChase certified technician, StarChase certified customer technician, or StarChase certified third-party technician. Maintenance performed by any non-certified StarChase technician, without the expressed written consent and at the discretion of StarChase, will restrict and or void original/extended warranty of StarChase hardware. (4) use of StarChase Products in an environment or in a manner or for a purpose for which the StarChase Products were not designed; or
(5) Customer's failure to implement all previously supplied software or physical hardware Updates.
6.10 Batteries; Charging Systems. Batteries and charging systems are excluded from this warranty but carry their own separate limited Mfg. warranty.
6.11 Operation of Warranty. In order to obtain performance of this warranty, Customer must contact its StarChase Manufacturer Representative or StarChase at the contact information above, [email protected] Should any returns be initiated, a Return Merchandise Authorization (RMA) number must be clearly marked on the returned merchandise shipping container.
6.12 Disclaimer. STARCHASE DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 6.8, STARCHASE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE STARCHASE PRODUCTS, MAINTENANCE SERVICES OR OTHER STARCHASE SERVICES.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION 6.8, STARCHASE DOES NOT MAKE, AND
DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THIRD PARTY PRODUCTS. STARCHASE MAKES NO OTHER WARRANTIES WITH RESPECT TO STARCHASE
PRODUCTS, MAINTENANCE SERVICES OTHER STARCHASE SERVICES OR THIRD-PARTY
PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY COURSE OF DEALING, PERFORMANCE, OR USAGE OF TRADE.
6.13 Any alteration of the Guardian-HX original manufactured product or third-party components (launcher, batteries, or accessories) or use of unauthorized internal and or external components and attachments without written consent and at StarChase’s discretion will void the warranty.
Article 7 INDEMNIFICATION
7.1 Intellectual Property Claims. With respect to StarChase Products, StarChase hereby agrees to indemnify, defend (with counsel satisfactory to Customer) and hold Customer harmless from and against any third party claim, suit, action or proceeding that the StarChase Products infringe any patent, copyright, trade secrets or other proprietary right, and pay all amounts agreed upon in settlement, costs, expenses (including attorney's fees) and the resulting judgments and damages finally awarded against Customer by a court of competent jurisdiction. In connection with StarChase's indemnification obligation pursuant to this paragraph, Customer shall provide StarChase with (1) prompt notification in writing of such claim,
(2) sole control over the defense and settlement thereof, and (3) reasonable cooperation, at StarChase's expense, in response to a StarChase request for assistance.
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7 Customer shall be entitled to participate in the defense of any such claim at its own expense including its attorney's fees for which StarChase will not be responsible.
7.2 Remedies. If Customer is enjoined, or is otherwise prohibited, from using StarChase Products, as a result of or in connection with any such claim, suit, action or proceeding, or should StarChase Products become or in StarChase's opinion likely to become, the subject of such a claim, suit, action or proceeding, StarChase shall, at its option and expense, (1) modify StarChase Products so that they become non-infringing and non-violative, without diminishing the usefulness of StarChase Products to Customer. (2) procure for Customer the right to make continued use thereof; or (3) if neither (1), (2) or (3) can be accomplished on commercially reasonable terms, request the return of the StarChase Products at StarChase's expense and upon receipt, promptly refund to Customer as appropriate, the license fee for StarChase Software less a reasonable amount for past usage, or a pro rata amount of the purchase price for the returned StarChase's Products, taking into account the useful life and depreciated value of the StarChase Hardware as determined by Customer in accordance with its normal accounting practices (e.g., three (3), four (4) or five (5) years as applicable).
7.3 Limitations. StarChase shall have no liability to the extent the alleged infringement is based on:
(1) the use of StarChase Products in combination with third party products not furnished by StarChase or not recommended or approved in writing by an authorized representative of StarChase. (2) StarChase Products used for a purpose or in a manner for which the StarChase Product was not designed.
(3) use of any older version of the StarChase Software when use of a newer StarChase revision made available and known to Customer would have avoided infringement. (4) any modification to the StarChase Product not made by StarChase or made without StarChase's written approval.
(5) any unique custom StarChase software made by StarChase pursuant to Customer's specific instruction; or
(6) any intellectual property right owned or licensed by Customer.
THE PROVISIONS OF THIS ARTICLE 7 STATE CUSTOMER'S SOLE AND EXCLUSIVE
REMEDY AND STARCHASE'S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS WITH RESPECT TO STARCHASE PRODUCTS.
7.4 Mutual. Each party hereby agrees to indemnify and hold the other ("Indemnified Party") harmless from and against any and all damages, losses, judgments, settlement amounts, costs and expenses (including attorney's fees) that the Indemnified Party may suffer or incur that arise out of, are in connection with, or result from bodily injury (including death), personal injury or damage to tangible property to the extent that such damage or injury are caused by, arise out of, are connected with or result from its acts, negligence or willful misconduct or that of its employees, agents, or subcontractors. In connection with each party's indemnification obligations pursuant to this paragraph, the Indemnified Party shall provide the other party with
(1) prompt notification in writing of the claim.
(2) sole control over the defense and settlement thereof; and (3) reasonable cooperation, at the other party’s expense, in response to the other party’s request for assistance.
7.5 Third Parties. StarChase hereby passes through to Customer the benefits of any indemnification from the third party (e.g., patent; copyright, trade secret or other proprietary rights infringement indemnification) with respect to third party software embedded in the StarChase Software and DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Item 11
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8 StarChase Hardware and Third-Party Products to the extent such indemnification may be passed through to Customer.
Article 8 FORCE MAJEURE
8.1 General. StarChase shall not be liable for delays or lack of performance if the failure to fulfil this Agreement arises out of causes beyond the control and without the fault or negligence of StarChase. The Customer shall not be liable for any breach of Agreement if the breach arises out of causes beyond the control and without the fault or negligence of the Customer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the state and federal governments in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of StarChase or the Customer.
8.2 Subcontractors. If the failure to perform is caused by the default of a subcontractor, and such default arises out of causes beyond the control of both StarChase and subcontractor, and without the fault or negligence of either of them, StarChase shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit StarChase to meet the required delivery schedule.
Article 9 DISPUTE RESOLUTION
M
indful of the cost in time, energy, and money of resolving a dispute by litigation, the parties agree that the sole and exclusive procedure for the resolution of a dispute shall be as follows:
9.1 Informal Negotiation. The parties shall attempt in good faith to resolve promptly any dispute not resolved in the regular course of business by informal negotiations between senior representatives of the parties having direct responsibility within their respective organizations for the administration of this Agreement.
9.2 Formal Negotiation. if such informal negotiations do not result in resolution of the dispute, either party may initiate further negotiations by delivery to the other of a written notice. Within ten (10) days following the receipt of any such notice, the recipient party shall deliver to the initiating party a written response of the notice. Each such notice and response shall include the party’s description of the dispute (including any suggestions for the resolution of the dispute), and designation of a senior representative who will represent the party in further negotiations, who shall have authority to resolve the dispute on behalf of such party. The designated representatives shall meet on at least one occasion (and may meet as often as they deem necessary), at a mutually acceptable time and place, and attempt in good faith to resolve the dispute.
9.3 Judicial resolution. If, within thirty (30) days following the initial written notice described in Section 9.2, the formal negotiation has not produced a resolution of the dispute, either party may submit the dispute to be resolved by a court of law.
Both parties waive punitive or exemplary damages; but may seek equitable relief and reasonable costs.
Any judicial resolution of a dispute shall be held in Santa Clara County, California.
9.4 Specific Enforceability. The parties may prevent violations or enforce the provisions of this Agreement through all rights and remedies existing in their favor, whether at law or in equity, including specific performance and injunctive relief. The parties agree that the subject matter of this Agreement is unique and that money damages may not be an adequate remedy for any violation of the provisions of this Agreement and that, notwithstanding this Article 14, any party may apply to any court of law or equity, which is of competent jurisdiction, for equitable relief and shall be entitled to specific performance or other equitable relief to enforce or prevent any violations of this Agreement.
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9 9.5 Injunctive Relief. Customer acknowledges that, in the event of a breach or threatened breach by Customer of any of the provisions of this Agreement, StarChase will not have an adequate remedy in money or damages. StarChase shall therefore be entitled to obtain injunctive relief against any such breach or threatened breach by Customer in any court of competent jurisdiction. StarChase’s rights hereunder shall not in any way be construed to limit or restrict its right to seek or obtain other damages or relief under this Agreement or under applicable law.
9.6 Cumulative Remedies. No right or remedy in this Agreement is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available to a party at law or in equity; and the exercise by a party of any one or more of such remedies shall not preclude the simultaneous or later exercise by a party of any or all such other remedies.
9.7 Attorney’s Fees. The reasonably prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in any dispute arising out of this Agreement, including at trial and on appeal, and including reasonable attorneys’ fees and costs incurred in any action brought solely to recover attorneys’ fees and costs to which it is entitled pursuant to this paragraph.
Article 10 BSCC CA Grant Compliance
10.1 Payment schedule: Customer agency is invoiced upon shipment of all goods ordered.
Customer agency is invoiced for installation and training services, once satisfactorily completed.
10. 2 Termination for cause/convenience: customer agency’s right to terminate for cause/ convenience is at its’ discretion and must be provided within 30 days of the termination date. Customer agency is responsible for payment of services in advance (annually) and may be credited any months in which services will not be utilized in the remaining period.
10. 3 Audits/Examination: StarChase agrees to allow BSCC, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representative, access to any books, documents, papers and records of the contractor which are directly pertinent to the program for the purpose of making audits, examinations, excerpts and transcriptions, for all contracts greater than $100,000. Such requests must be formally made in writing by authorized person(s).
10.4 StarChase is and will remain in full compliance with all Equal Employment Opportunity requirements per Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60 (required on all CBO - July 2023 Page 41 BSCC Grant Administration Guide contracts, and on all governmental entity construction contracts awarded in excess of $10,000).
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10 10.5 IT & DATA STANDARDS
• All data transactions performed within the CoreVeiw mapping platform and API integrations are hosted on/via AWS GovCloud Compliant infrastructure.
• Data is secured while in transition and at rest via SSL & TLS 2.0 encryption methodologies. • Data is stored/encrypted in AWS GovCloud Compliant infrastructure with redundancy and failover mechanisms.
• Data is retained by default, for 3 years unless otherwise stated in writing. Specific terms of retention that deviate from this standard must be agreed upon in writing and executed by authorized signatures from customer agency and StarChase. Once the retention period has expired, agency data is deleted from all storage resources and services. • StarChase’s CoreView Mapping Platform is web-based. No proprietary software or plugins are required. CoreView is viewable on any internet accessible device. • StarChase will provide upon request, certified copies of historical downloads for court admissibility purposes.
10.6 SCOPE OF WORK for Guardian-VX
1. Vehicle Launcher System (4 components):
a. launcher (either in-grille or on push bumper)
b. micro-compressor (under hood mount)
c. computer box (under hood mount)
d. control panel (interior console or other specified location inside the vehicle)
2. Installation – performed on-site by StarChase employed technicians. Agency fleet technicians or third-party upfitter on-site training and certification will be provided if requested prior to installation date. Customer agency is provided a Certificate of Insurance (COI) upon written request by customer agency with appropriate recipient/entity information, after receipt of purchase order.
Vehicle Checklists, post-installation documents, and installation guide provided upon completion.
Additional system specification sheets provided to the agency’s designated StarChase Program Manager and fleet services manager or third party upfitter. The Guardian-VX system is designed to easily repair or replace individual components – individual component price list provided upon request.
3. Tr
ain the Trainer Module (2 components):
a. On-site training conducted by certified StarChase Trainers, this includes classroom and behind-the-wheel training which is pre-planned with agency designee (typically EVOC Instructor). Coordination includes review of agency training and safety guidelines, StarChase Operator Training Syllabus (classroom and practical on- track/controlled environment system use), and EVOC policy review to ensure conformity by StarChase trainers. Complete instruction of registering GPS tags, daily launcher inspections, effective system use, and CoreView mapping (view/administrative use, case analysis, and downloading). Evolution: 1 day (may be extended if number of operators exceeds 8 per session). Training rounds provided for entire evolution.
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11 b. Dispatch training: coordinated classroom review for dispatchers, communication managers, and RTCC personnel of CoreView mapping features and functions.
Evolution: .5 day.
4. Total Solutions Package – per launcher, fixed-cost, annual service subscription which includes:
a. Unlimited GPS rounds
b. 2 training rounds per launcher system purchased.
c. Tech Support
d. Unlimited user licenses and administration (view and admin users) e. Unlimited Case analysis and downloads
Note: GPS data communication charges are included in fixed-cost annual TSP.
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SCOPE OF WORK
Goods
CONTRACTOR (StarChase LLC) will deliver StarChase Guardian VX System to the CUSTOMER/CITY (City of Palo Alto), which shall include:
Vehicle Launcher System (20 units): launchers (either in-grille or on push bumper); m
icro-compressor (under hood mount) & computer box (under hood mount); c
ontrol panel (interior console or other specified location inside the vehicle); and Unlimited duty rounds; 2 training rounds per launcher.
CONTRACTOR will provide Documentation of Vehicle Checklists, post -installation documents, and installation guide provided upon completion. Additional system specification sheets provided to the Department’s designated StarChase Program Manager and fleet services manager or third party upfitter.
Services
Upon delivery of Starchase Guadian VX System, CONTRACTOR will schedule with CITY to provide Vehicle Launcher System Installation (up to 4 vehicles) to performed on-site by StarChase employed technicians.
Remaining systems to be installed by third party vendor identified by the Department.
C
ONTRACTOR will provide an Operator Training to train the Trainer Module consisting of on-site training conducted by certified StarChase Trainers, this includes classroom and behind -the-wheel training which is pre-planned with Department’s designee. Coordination includes review of CITY Staff training and safety guidelines, StarChase Operator Training Syllabus (classroom and practical on - track/controlled environment system use), and EVOC policy review to ensure conformity by StarChase trainers.
CONTRACTOR must c omplete instruction of registering GPS tags, daily launcher inspections, ef fective system use, and CoreView mapping (view/administrative use, case analysis, and downloading). Evolution:
1-day Evolution training (may be extended if number of operators exceeds 8 per session). Training rounds provided for entire evolution.
C
ONTRACTOR will provide Dispatch training: coordinated classroom review for dispatchers, communication managers, and RTCC personnel of CoreView mapping features and functions ; including Evolution training: .5 day (half day/4-hour).
C
ONTRACTOR’s will provide Total Solutions Package per launcher, fixed-cost, annual service subscription, which includes:
Tech Support for three years;
Unlimited user licenses and administration (view and admin users) for three years; and Unlimited Case analysis and downloads for three years DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Item 11
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Quote# 00015215
Valid Until: Apr 21, 2024
D
ate: Jan 24, 2024, 1:36 PM
S
ales Representative: Dave Hartman
Phone: (925) 695-5102
Email: [email protected]
Bill To :
Palo Alto PD
275 Forest Ave.
Palo Alto, California, 94301
United States
S
hip To :
Palo Alto PD
275 Forest Ave.
Palo Alto, California, 94301
United States
Product Code Product Description Qty. MSRP Unit
Price
Extended
Price Total
23-SC-VML-BL
GUARDIAN - VX (1) Vehicle
Mounted Launcher System - Black,
(1) Interior Console, (1) Remote
K
ey Fob and 24 Month
Manufacturer Warranty.
20 $5,990.00 $5,990.00 $119,800.00
23-SC-WARR-12-YR3 GUARDIAN - V X 12 Month
Extended Warranty - Year 3 20 $327.75 $327.75 $6,555.00 23-SC-TSP-T3
GUARDIAN - VX Total Solution
Package: 36 Months Unlimited
Subscription GPS Live Tracking
Projectiles, CoreView Mapping,
Data and User Access. Annual
Base Rate = $1,320.00
20 $3,960.00 $3,960.00 $79,200.00
23-SC-INSTALL GUARDIAN - VX Vehicle
Installation Per Unit (INCONUS). 4 $702.00 $702.00 $2,808.00 23-SC-TRAIN
GUARDIAN - VX On-Site Dispatch
and Operator Train the Trainer
Module, (1) Shot Box 12 included
(INCONUS).
1 $3,500.00 $3,500.00 $3,500.00
Subtotal : $211,863.00
Shipping & Handling : $1,862.20
Tax : $10,937.74
$224,662.94
Grand Total:
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Item 11: Staff Report
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S
IGNATURE PAGE
I
N WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPR
OVED AS TO FORM:
__________________________
City Attorney or Designee
(Required on Contracts over $25,000)
STARCHASE LLC
Of
ficer 1
By:
Name:
Title:
O
fficer 2 (Required for Corp. or LLC)
By:
Name:
Title:
DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Vice President
Matt Shaffer
Trevor Fischbach
President
Item 11
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LLC, Contract No.
4524000393 3.21.24
Item 11: Staff Report
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EXHIBIT “A”
INSURANCE REQUIREMENTS
C
ONTRACTORS 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, AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AW
ARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY DAMAGE
BLANKET CONTRACTUAL,
PRODUCTS/COMPLETED OPERATIONS AND FIRE
LEGAL LIABILITY
BODILY INJURY
PR
OPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$2,000,000
$2,
000,000
$2,
000,000
$2,000,000
$2,
000,000
$2,
000,000
YES TECHNOLOGY ERRORS AND OMISSIONS
LIABILITY COVERAGE. THE POLICY SHALL AT A
MINIMUM COVER PROFESSIONAL MISCONDUCT
OR LACK OF REQUISITE SKILL FOR THE
PERFORMANCE OF SERVICES DEFINED IN THE
CONTRACT AND SHALL ALSO PROVIDE
COVERAGE FOR THE FOLLOWING RISKS:
(i) NETWORK SECURITY LIABILITYARISING
FROM UNAUTHORIZED ACCESS TO, USE OF, OR
TAMPERING WITH COMPUTERS OR COMPUTER
SYSTEMS, INCLUDING HACKERS, EXTORTION,
AND
(ii) LIABILITY ARISING FROM
INTRODUCTION OF ANY FORM OF MALICIOUS
SOFTWARE INCLUDING COMPUTER VIRUSES
INTO, OR OTHERWISE CAUSING DAMAGE TO
THE CITY’S OR THIRD PERSON’S COMPUTER,
COMPUTER SYSTEM, NETWORK, OR SIMILAR
COMPUTER RELATED PROPERTY AND THE DATA,
SOFTWARE AND PROGRAMS THEREON.
CONTRACTOR SHALL MAINTAIN IN FORCE
DURING THE FULL LIFE OF THE CONTRACT.
T
HE POLICY SHALL PROVIDE COVERAGE FOR
BREACH RESPONSE COSTS AS WELL AS
REGULATORY FINES AND PENALTIES AS WELL AS
CREDIT MONITORING EXPENSES WITH LIMITS
SUFFICIENT TO RESPOND TO THESE
OBLIGATIONS.
ALL DAMAGES $2,000,000 $2,000,000
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YES CYBER AND PRIVACY INSURANCE.
SUCH INSURANCE SHALL INCLUDE COVERAGE
FOR LIABILITY ARISING FROM COVERAGE IN AN
AMOUNT SUFFICIENT TO COVER THE FULL
REPLACEMENT VALUE OF DAMAGE TO,
ALTERATION OF, LOSS OF, THEFT,
DISSEMINATION OR DESTRUCTION OF
ELECTRONIC DATA AND/OR USE OF
CONFIDENTIAL INFORMATION, “PROPERTY” OF
THE CITY OF PALO ALTO THAT WILL BE IN THE
CARE, CUSTODY, OR CONTROL OF VENDOR,
INFORMATION INCLUDING BUT NOT LIMITED
TO, BANK AND CREDIT CARD ACCOUNT
INFORMATION OR PERSONAL INFORMATION,
SUCH AS NAME, ADDRESS, SOCIAL SECURITY
NUMBERS, PROTECTED HEALTH INFORMATION
OR OTHER PERSONAL IDENTIFICATION
INFORMATION, STORED OR TRAMSITTED IN
ELECTRONIC FORM.
ALL DAMAGES $2,000,000 $2,000,000
Y
ES AUTOMOBILE LIABILITY, INCLUDING ALL
OWNED, HIRED, NON-OWNED
BODILY INJURY
EACH PERSON
EACH OCCURRENCE
P
ROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,
000,000
$1,
000,000
$1,000,000
$1,000,000
$1,000,000
$1,
000,000
$1,
000,000
YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS
AND OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: 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 SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A C
ONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CO
NTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III. E
NDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WI
TH 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.
B. CROSS LIABILITY
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THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. I
F THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. I
F THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE
AND ANY OTHER RELATED NOTICES 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 DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Item 11
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Item 11: Staff Report
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DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 EXHIBIT "B"
DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Item 11
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Item 11: Staff Report
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POLICY AND PROCEDURES 1‐64/IT
Revised: December 2017
The goals and objectives of the Policy are: (a) a safe, productive, and inoffensive work environment for all users having access to the City’s applications and databases; (b) the appropriate maintenance and security of database information assets owned by, or entrusted to, the City; (c) the controlled access and security of the Information provided to the City’s staff and third party contractors; and (d) faithful compliance with legal and regulatory requirements.
SCOPE
The Policy will guide the City’s staff and, indirectly, third party contractors, which are by contract required to protect the confidentiality and privacy of the Information of the persons whose personal information data are intended to be covered by the Policy and which will be advised by City staff to conform their performances to the Policy should they enjoy conditional access to that information.
CONSEQUENCES
The City’s employees shall comply with the Policy in the execution of their official duties to the extent their work implicates access to the Information referred to in this Policy. A failure to comply may result in employment and/or legal consequences.
EXCEPTIONS
In the event that a City employee cannot fully comply with one or more element(s) described in this Policy, the employee may request an exception by submitting Security Exception Request.
The exception request will be reviewed and administered by the City’s Information Security Manager (the “ISM”). The employee, with the approval of his or her supervisor, will provide any additional information as may be requested by the ISM. The ISM will conduct a risk assessment of the requested exception in accordance with guidelines approved by the City’s Chief Information Officer (“CIO”) and approved as to form by the City Attorney. The Policy’s guidelines will include at a minimum: purpose, source, collection, storage, access, retention, usage, and protection of the Information identified in the request. The ISM will consult with the CIO to approve or deny the exception request. After due consideration is given to the request, the exception request disposition will be communicated, in writing, to the City employee and his or her supervisor. The approval of any request may be subject to countermeasures established by the CIO, acting by the ISM.
MUNICIPAL ORDINANCE
This Policy will supersede any City policy, rule, regulation or procedure regarding information privacy.
RESPONSIBILITIES OF CITY STAFF
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POLICY AND PROCEDURES 1‐64/IT
Revised: December 2017
A. RESPONSIBILITY OF CIO AND ISM
The CIO, acting by the ISM, will establish an information security management framework to initiate and coordinate the implementation of information security measures by the City’s government.
The City’s employees, in particular, software application users and database users, and, indirectly, third party contractors under contract to the City to provide services, shall by guided by this Policy in the performance of their job responsibilities.
The ISM will be responsible for: (a) developing and updating the Policy, (b) enforcing compliance with and the effectiveness of the Policy; (c) the development of privacy standards that will manifest the Policy in detailed, auditable technical requirements, which will be designed and maintained by the persons responsible for the City’s IT environments; (d) assisting the City’s staff in evaluating security and privacy incidents that arise in regard to potential violations of the Policy; (e) reviewing and approving department‐specific policies and procedures which fall under the purview of this Policy; and (f) reviewing Non‐ Disclosure Agreements (NDAs) signed by third party contractors, which will provide services, including, without limitation, local or ‘cloud‐based’ software services to the City.
B. RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE The Information Security Steering Committee (the “ISSC”), which is comprised of the City’s employees, drawn from the various City departments, will provide the primary direction, prioritization and approval for all information security efforts, including key information security and privacy risks, programs, initiatives and activities. The ISSC will provide input to the information security and privacy strategic planning processes to ensure that information security risks are adequately considered, assessed and addressed at the appropriate City department level.
C. RESPONSIBILITY OF USERS
All authorized users of the Information will be responsible for complying with information privacy processes and technologies within the scope of responsibility of each user.
D. RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS The City’s IT Managers, who are responsible for internal, external, direct and indirect connections to the City’s networks, will be responsible for configuring, maintaining and securing the City’s IT networks in compliance with the City’s information security and privacy policies. They are also responsible for timely internal reporting of events that may have compromised network, system or data security.
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POLICY AND PROCEDURES 1‐64/IT
Revised: December 2017
E. RESPONSIBILITY OF AUTHORIZATION COORDINATION
The ISM will ensure that the City’s employees secure the execution of Non‐Disclosure Agreements (NDA), whenever access to the Information will be granted to third party contractors, in conjunction with the Software as a Service (SaaS) Security and Privacy Terms and Conditions. An NDA must be executed prior to the sharing of the Information of persons covered by this Policy with third party contractors. The City’s approach to managing information security and its implementation (i.e. objectives, policies, processes, and procedures for information security) will be reviewed independently by the ISM at planned intervals, or whenever significant changes to security implementation have occurred.
The CIO, acting by the ISM, will review and recommend changes to the Policy annually, or as appropriate, commencing from the date of its adoption.
GENERAL PROCEDURE FOR INFORMATION PRIVACY
A. OVERVIEW
The Policy applies to activities that involve the use of the City’s information assets, namely, the Information of persons doing business with the City or receiving services from the City, which are owned by, or entrusted to, the City and will be made available to the City’s employees and third party contractors under contract to the City to provide Software as a Service consulting services. These activities include, without limitation, accessing the Internet, using e‐mail, accessing the City’s intranet or other networks, systems, or devices.
The term “information assets” also includes the personal information of the City’s employees and any other related organizations while those assets are under the City’s control. Security measures will be designed, implemented, and maintained to ensure that only authorized persons will enjoy access to the information assets. The City’s staff will act to protect its information assets from theft, damage, loss, compromise, and inappropriate disclosure or alteration. The City will plan, design, implement and maintain information management systems, networks and processes in order to assure the appropriate confidentiality, integrity, and availability of its information assets to the City’s employees and authorized third parties.
B. PERSONAL INFORMATION AND CHOICE
Except as permitted or provided by applicable laws, the City will not share the Information of any person doing business with the City, or receiving services from the City, in violation of this Policy, unless that person has consented to the City’s sharing of such information during the conduct of the City’s business as a local government agency with third parties under contract to the City to provide services.
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POLICY AND PROCEDURES 1‐64/IT
Revised: December 2017
C. METHODS OF COLLECTION OF PERSONAL INFORMATION
The City may gather the Information from a variety of sources and resources, provided that the collection of such information is both necessary and appropriate in order for the City to conduct business as a local government agency in its governmental and proprietary capacities. That information may be gathered at service windows and contact centers as well as at web sites, by mobile applications, and with other technologies, wherever the City may interact with persons who need to share such formation in order to secure the City’s services.
The City’s staff will inform the persons whose Information are covered by this Policy that the City’s web site may use “cookies” to customize the browsing experience with the City of Palo Alto web site. The City will note that a cookie contains unique information that a web site can use to track, among others, the Internet Protocol address of the computer used to access the City’s web sites, the identification of the browser software and operating systems used, the date and time a user accessed the site, and the Internet address of the website from which the user linked to the City’s web sites. Cookies created on the user’s computer by using the City’s web site do not contain the Information, and thus do not compromise the user’s privacy or security. Users can refuse the cookies or delete the cookie files from their computers by using any of the widely available methods. If the user chooses not to accept a cookie on his or her computer, it will not prevent or prohibit the user from gaining access to or using the City’s sites.
D. UTILITIES SERVICE
In the provision of utility services to persons located within Palo Alto, the City of Palo Alto Utilities Department (“CPAU”) will collect the Information in order to initiate and manage utility services to customers. To the extent the management of that information is not specifically addressed in the Utilities Rules and Regulations or other ordinances, rules, regulations or procedures, this Policy will apply; provided, however, any such Rules and Regulations must conform to this Policy, unless otherwise directed or approved by the Council. This includes the sharing of CPAU‐collected Information with other City departments except as may be required by law.
Businesses and residents with standard utility meters and/or having non‐metered monthly services will have secure access through a CPAU website to their Information, including, without limitation, their monthly utility usage and billing data. In addition to their regular monthly utilities billing, businesses and residents with non‐standard or experimental electric, water or natural gas meters may have their usage and/or billing data provided to them through non‐City electronic portals at different intervals than with the standard monthly billing.
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POLICY AND PROCEDURES 1‐64/IT
Revised: December 2017
Businesses and residents with such non‐standard or experimental metering will have their Information covered by the same privacy protections and personal information exchange rules applicable to Information under applicable federal and California laws.
E. PUBLIC DISCLOSURE
The Information that is collected by the City in the ordinary course and scope of conducting its business could be incorporated in a public record that may be subject to inspection and copying by the public, unless such information is exempt from disclosure to the public by California law.
F. ACCESS TO PERSONAL INFORMATION
The City will take reasonable steps to verify a person’s identity before the City will grant anyone online access to that person’s Information. Each City department that collects Information will afford access to affected persons who can review and update that information at reasonable times.
G. SECURITY, CONFIDENTIALITY AND NON‐DISCLOSURE
Except as otherwise provided by applicable law or this Policy, the City will treat the Information of persons covered by this Policy as confidential and will not disclose it, or permit it to be disclosed, to third parties without the express written consent of the person affected. The City will develop and maintain reasonable controls that are designed to protect the confidentiality and security of the Information of persons covered by this Policy.
The City may authorize the City’s employee and or third party contractors to access and/or use the Information of persons who do business with the City or receive services from the City. In those instances, the City will require the City’s employee and/or the third party contractors to agree to use such Information only in furtherance of City‐related business and in accordance with the Policy.
If the City becomes aware of a breach, or has reasonable grounds to believe that a security breach has occurred, with respect to the Information of a person, the City will notify the affected person of such breach in accordance with applicable laws. The notice of breach will include the date(s) or estimated date(s) of the known or suspected breach, the nature of the Information that is the subject of the breach, and the proposed action to be taken or the responsive action taken by the City.
H. DATA RETENTION / INFORMATION RETENTION
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POLICY AND PROCEDURES 1‐64/IT
Revised: December 2017
The City will store and secure all Information for a period of time as may be required by law, or if no period is established by law, for seven (7) years, and thereafter such information will be scheduled for destruction.
I. SOFTWARE AS A SERVICE (SAAS) OVERSIGHT
The City may engage third party contractors and vendors to provide software application and database services, commonly known as Software‐as‐a‐Service (SaaS).
In order to assure the privacy and security of the Information of those who do business with the City and those who received services from the City, as a condition of selling goods and/or services to the City, the SaaS services provider and its subcontractors, if any, including any IT infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, while it performs such services and/or furnishes goods to the City, to the extent any scope of work or services implicates the confidentiality and privacy of the Information.
These requirements include information security directives pertaining to: (a) the IT infrastructure, by which the services are provided to the City, including connection to the City's IT systems; (b) the SaaS services provider’s operations and maintenance processes needed to support the IT environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. The term “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.
Prior to entering into an agreement to provide services to the City, the City’s staff will require the SaaS services provider to complete and submit an Information Security and Privacy Questionnaire. In the event that the SaaS services provider reasonably determines that it cannot fulfill the information security requirements during the course of providing services, the City will require the SaaS services provider to promptly inform the ISM.
J. FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003
CPAU will require utility customers to provide their Information in order for the City to initiate and manage utility services to them.
Federal regulations, implementing the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108‐159), including the Red Flag Rules, require that CPAU, as a “covered financial institution or creditor” which provides services in advance of payment and which can affect consumer credit, develop and implement procedures for an identity theft program for new and existing accounts to detect, prevent, respond and mitigate potential identity theft of its customers’ Information.
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POLICY AND PROCEDURES 1‐64/IT
Revised: December 2017
CPAU procedures for potential identity theft will be reviewed independently by the ISM annually or whenever significant changes to security implementation have occurred. The ISM will recommend changes to CPAU identity theft procedures, or as appropriate, so as to conform to this Policy.
There are California laws which are applicable to identity theft; they are set forth in California Civil Code § 1798.92.
NOTE: Questions regarding this policy should be referred to the Information Technology Department, as appropriate.
Recommended: __________________________________ ________________ Director Information Technology/CIO Date
Approved: ___________________________________ _________________ City Manager Date
DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 12/5/2017
12/13/2017
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EXHIBIT “C”
CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privacy and security of the personal information of the City 's customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City , including, without limitation, the Software as a Service services provider (the "Consultant") and its subcontractors, if any, including, without limitation, any Information Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment , described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The Consultant shall fulfill the data and information security requirements (the "Requirements") set forth in Part A below.
A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City . "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.
In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the "ISM").
Part A. Requirements:
The Consultant shall at all times during the term of any contract between the City and the Consultant:
(a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy:
(c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City , and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following:
http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role.
(e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels.
(f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees' personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by any of its employees who no DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Item 11
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longer would require access to that information or who are terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role-based access control ( "RBAC") and segregation of d uties ( "SoD") mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture.
(j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging.
(m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self -audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City 's performance of random site security audits at the Consultant's site(s), including the site(s) of a third-party service provider(s), as applicable. The scope of these audits will extend to the Consultant's and its third-party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response.
(q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, and the Confidential Information will be accessible only by the Consultant and any authorized third-party service provider's personnel.
(r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including Vendor's contracting organization's environment).
(s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this Agreement, all of those records relating to the performance of the Services shall be provided to the ISM. (t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations.
(u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient.
(v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City for the systems and services the Vendor provides to the City.
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(x) Provide and support Single Sign- on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment ." The Vendor shall allow two employees of the City to have superuser and super -admin access to the Vendor's IT environment, and a cloud-hosted IT environment belongs to the City. (y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City 's IT environment, including, without limitation, IT infrastructure communications.
(z) The Vendor must provide evidence of valid cyber liability insurance policy per the City’s
EXHIBIT “D” INSURANCE REQUIREMENTS.
Part B. Alternate Requirements:
IT & DATA STANDARDS
• All data transactions performed within the CoreVeiw mapping platform and API integrations are hosted on/via AWS GovCloud Compliant infrastructure. • Data is secured while in transition and at rest via SSL & TLS 2.0 encryption methodologies. • Data is stored/encrypted in AWS GovCloud Compliant infrastructure with redundancy and failover mechanisms.
• Data is retained by default, for 3 years unless otherwise stated in writing. Specific terms of retention that deviate from this standard must be agreed upon in writing and executed by authorized signatures from customer agency and StarChase. Once the retention period has expired, agency data is deleted from all storage resources and services. • StarChase’s CoreView Mapping Platform is web-based. No proprietary software or plugins are required. CoreView is viewable on any internet accessible device.
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EXHIBIT D
Surveillance Use Policy for StarChase GPS Vehicle Tracking Technology In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the Police Department’s use of StarChase GPS Vehicle Tracking technology is as follows:
1. Intended Purpose. The technology is used by the Palo Alto Police Department to remotely affix a GPS tracking device to a wanted vehicle, which is being pursued or is about to be pursued, for the purpose of remotely tracking the vehicle’s movements and apprehending it later . This procedure provides officers with a potential alternative to engaging in, or continuing, a vehicle pursuit.
2. Authorized Uses. Department personnel may only access and use the StarChase system for official and legitimate law enforcement purposes consistent with this Policy.
The following uses of the StarChase system are specifically prohibited:
a. Harassment or Intimidation: It is a violation of this Policy to use the system to harass and/or intimidate any individual or group.
b. Personal Use: It is a violation of this Policy to use the system or data for any personal purpose.
c. First Amendment Rights. It is a violation of this policy to use the system or associated data for the purpose or known effect of infringing upon First Amendment rights of any person.
d. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant or pursuant to specific exceptions (explained below) , it is a violation of this Policy to utilize the system to record the geographic location of vehicles not exposed to public view (e.g., vehicles on a public road or street, or that are on private property but
are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).
Based on the provisions of the California Electronic Communications Privacy Act (CalECPA) - SB 178, a search warrant must be obtained after a tag is affixed to a vehicle, unless specified exceptions apply. Such exceptions include a vehicle wher e the occupants/operator(s) have no standing (e.g., stolen vehicle, carjacked vehicle, embezzled vehicle), a vehicle driven by a person subject to parole supervision, and a vehicle which must be located immediately to prevent death or serious physical inju ry.
See Cal. Penal Code § 1546 et seq.
3. Information Collected. The StarChase system captures only the device’s geographic location from the time of deployment to the time of retrieval, or until the device’s battery has discharged (whichever occurs first).
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4. Safeguards. All data will be closely safeguarded and protected by both procedural and technological means. The Palo Alto Police Department will observe the following safeguards regarding access to and use of stored data:
a. All StarChase data shall be accessible only through a login/password -protected system capable of documenting all access of information by name, date, and time. b. Persons approved to access StarChase data under this policy are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation.
c. Such StarChase data may only be released to other authorized and verified local enforcement officials and agencies for legitimate law enforcement purposes (e.g., assistance in locating and apprehending the vehicle).
d. Every StarChase deployment and system inquiry must be documented by either the associated case number or incident number.
5. Retention. The City’s vendor, StarChase, will store the data (data hosting) and ensure proper maintenance and security of data stored in their data centers. StarChase will purge the data 3 0 days after collection, unless it has been identified as evidence in a specific criminal investigation. Additionally, the Palo Alto Police Department will retain relevant data obtained from the system if it has become, or it is reasonable to believe it will become, evidence in a specific criminal investigation or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.
Information gathered or collected, and records retained by StarChase will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes.
6. Access by non-City Entities. The StarChase data may be shared only with other local law enforcement or prosecutorial agencies for official law enforcement purposes o r as otherwise required by law, and as provided below:
a. Requests
i. A law enforcement agency may make a written request for specific data, including the name of the agency and t he intended official law enforcement purpose for access
ii. The request shall be reviewed by the Chief of Police or the authorized designee and approved before access is granted
iii. The approved request is retained on file
iv. Requests for StarChase data by non-law enforcement or non-prosecutorial agencies will be processed by the Department’s custodian of records and fulfilled only as required by law.
b. The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7284.2 et seq .), before approving access to StarChase data. The Palo Alto Police Department does not permit the sharing of StarChase DocuSign Envelope ID: 35E90F0F-4C42-4601-A252-6444F13FFFA5 Item 11
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data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement.
7. Compliance Procedures. The Investigative Services Captain (or other police administrator as designated by the Police Chief) shall be responsible for ensuring compliance with procedures, including, but not limited to:
a. Ensuring only properly trained sworn officers, crime analysts, and police staff are allowed access to the StarChase system or StarChase data. b. Ensuring that training requirements are completed for authorized users. c. Ensuring the security of the information collected and compliance with applicable laws.
It is the responsibility of the Investigative Services Captain (or other police administrator as designated by the Police Chief) to ensure that an audit is conducted of StarChase deployment and use at least once during each calendar year. The Department will audit a sampling of the StarChase system utilization from the prior 12 -month period to verify proper use in accordance with the above authorized uses. This audit shall take the form of an internal Department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Department.
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Certificate Of Completion
Envelope Id: 35E90F0F4C424601A2526444F13FFFA5
Status: Sent
Subject: DocuSign: PO-4524000393 StarChase_Master Agrmnt_FINAL.pdf Source Envelope:
Document Pages: 33
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Mai, Philip
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
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Trevor Fischbach
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President
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Signed using mobile
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Philip Mai
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City of Palo Alto
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Surveillance Use Policy for StarChase GPS Vehicle Tracking Technology In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the Police Department’s use of StarChase GPS Vehicle Tracking technology is as follows:
1. Intended Purpose. The technology is used by the Palo Alto Police Department to remotely affix a GPS tracking device to a wanted vehicle, which is being pursued or is about to be pursued, for the purpose of remotely tracking the vehicle’s movements and apprehending it later. This procedure provides officers with a potential alternative to engaging in, or continuing, a vehicle pursuit.
2. Authorized Uses. Department personnel may only access and use the StarChase system for official and legitimate law enforcement purposes consistent with this Policy.
The following uses of the StarChase system are specifically prohibited:
a. Harassment or Intimidation: It is a violation of this Policy to use the system to harass and/or intimidate any individual or group.
b. Personal Use: It is a violation of this Policy to use the system or data for any personal purpose.
c. First Amendment Rights. It is a violation of this policy to use the system or associated data for the purpose or known effect of infringing upon First Amendment rights of any person.
d. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant or pursuant to specific exceptions (explained below), it is a violation of this Policy to utilize the system to record the geographic location of vehicles not exposed to public view (e.g., vehicles on a public road or street, or that are on private property but
are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).
Based on the provisions of the California Electronic Communications Privacy Act (CalECPA) - SB 178, a search warrant must be obtained after a tag is affixed to a vehicle, unless specified exceptions apply. Such exceptions include a vehicle where the occupants/operator(s) have no standing (e.g., stolen vehicle, carjacked vehicle, embezzled vehicle), a vehicle driven by a person subject to parole supervision, and a vehicle which must be located immediately to prevent death or serious physical injury.
See Cal. Penal Code § 1546 et seq.
3. Information Collected. The StarChase system captures only the device’s geographic location from the time of deployment to the time of retrieval, or until the device’s battery has discharged (whichever occurs first).
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4. Safeguards. All data will be closely safeguarded and protected by both procedural and technological means. The Palo Alto Police Department will observe the following safeguards regarding access to and use of stored data:
a. All StarChase data shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time.
b. Persons approved to access StarChase data under this policy are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation.
c. Such StarChase data may only be released to other authorized and verified local enforcement officials and agencies for legitimate law enforcement purposes (e.g., assistance in locating and apprehending the vehicle). d. Every StarChase deployment and system inquiry must be documented by either the associated case number or incident number.
5. Retention. The City’s vendor, StarChase, will store the data (data hosting) and ensure proper maintenance and security of data stored in their data centers. StarChase will purge the data 30 days after collection, unless it has been identified as evidence in a specific criminal investigation. Additionally, the Palo Alto Police Department will retain relevant data obtained from the system if it has become, or it is reasonable to believe it will become, evidence in a specific criminal investigation or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.
Information gathered or collected, and records retained by StarChase will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes.
6. Access by non-City Entities. The StarChase data may be shared only with other local law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise required by law, and as provided below:
a. Requests
i. A law enforcement agency may make a written request for specific data, including the name of the agency and the intended official law enforcement purpose for access
ii. The request shall be reviewed by the Chief of Police or the authorized designee and approved before access is granted
iii. The approved request is retained on file
iv. Requests for StarChase data by non-law enforcement or non- prosecutorial agencies will be processed by the Department’s custodian of records and fulfilled only as required by law.
b. The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7284.2 et seq.), before approving access to StarChase Item 11
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data. The Palo Alto Police Department does not permit the sharing of StarChase data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement.
7. Compliance Procedures. The Investigative Services Captain (or other police administrator as designated by the Police Chief) shall be responsible for ensuring compliance with procedures, including, but not limited to:
a. Ensuring only properly trained sworn officers, crime analysts, and police staff are allowed access to the StarChase system or StarChase data. b. Ensuring that training requirements are completed for authorized users. c. Ensuring the security of the information collected and compliance with applicable laws.
It is the responsibility of the Investigative Services Captain (or other police administrator as designated by the Police Chief) to ensure that an audit is conducted of StarChase deployment and use at least once during each calendar year. The Department will audit a sampling of the StarChase system utilization from the prior 12-month period to verify proper use in accordance with the above authorized uses. This audit shall take the form of an internal Department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Department.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: April 15, 2024
Report #:2403-2817
TITLE
Authorization to Execute Amendment to Legal Services Contract S24189355 with Allen, Glaessner, Hazelwood & Werth to Increase Amount by $50,000 for Total Not-to-Exceed Amount of $135,000; CEQA Status – Not a Project.
RECOMMENDATION
Authorize the City Attorney or designee to amend the agreement for litigation defense services with the law firm of Allen, Glaessner, Hazelwood & Werth (Contract S24189355) to increase the contract amount by $50,000 for a total not-to-exceed amount of $135,000.
BACKGROUND
Allen, Glaessner, Hazelwood & Werth is a law firm representing cities in a variety of areas, including police civil rights claims and personal injury litigation.
In July 2023, the City entered into a three-year agreement (S24189355) in the amount of $85,000 with Allen, Glaessner, Hazelwood & Werth for continuing litigation defense services in civil suit Scrivner v. City of Palo Alto, et al., Santa Clara Co. Sup. Ct. Case No. 18-CV-333834.
Staff now seeks authority to increase the contract amount by $50,000 which will bring the new not to exceed amount to $135,000. Litigation defense is continuing in this matter.
Prior to agreement S24189355, the City entered into agreements S22184420 and S19175172 with Rankin Stock Heaberlin Oneal for initial Government Claim and litigation defense services in this matter. The city expended $243,263 under the prior contracts.
FISCAL/RESOURCE IMPACT
Funding for this amendment does not require additional budgetary authority as it can be accommodated within existing budgets.
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ENVIRONMENTAL REVIEW
Amendment of a legal services contract is not a project requiring environmental review under the California Environmental Quality Act (CEQA) (See CEQA Guidelines 15378(b)(5), administrative activities that will not result in direct or indirect physical changes in the environment).
APPROVED BY:
Molly Stump, City Attorney
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: April 15, 2024
Report #:2312-2450
TITLE
Joint City Council and Planning and Transportation Commission Meeting to Adopt a Resolution Amending the Comprehensive Plan by Adopting a Revised 2023-31 Housing Element. California Environmental Quality Act (CEQA): The City Council adopted a Revised Addendum to the Comprehensive Plan Final Environmental Impact Report on December 18, 2023 that, in conjunction with the Comprehensive Plan Final EIR, fully analyzes the impacts associated with adoption of the Revised 2023-2031 Housing Element.
RECOMMENDATION
Staff recommends the following actions:
Planning and Transportation Commission:
1. Review the staff responses to the State Department of Housing and Community Development (HCD) Comment Letter dated August 3, 2023 (Attachment C), as incorporated in the revised 2023-31 Housing Element (Attachment A) and recommend City Council adopt the Revised 2023-31 Housing Element.
City Council:
1. Direct staff to make any necessary changes to the Revised 2023-31 Housing Element (Attachment A) and authorize staff to make minor revisions based on any further non-substantive changes required by HCD.
2. Adopt a Resolution (Attachment B) making the findings required under CEQA and Housing Element Law, and adopting the Revised 2023-31 Housing Element as an amendment to the City’s Comprehensive Plan.
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EXECUTIVE SUMMARY
This report summarizes changes to the Palo Alto Housing Element in response to comments from the public and HCD, and documents compliance with State Housing Element Law.
On May 8, 2023, the Planning & Transportation Commission recommended and the City Council adopted the 2023-31 Housing Element. On June 7, 2023, the City submitted the adopted 2023- 31 Housing Element to HCD for its second round of review. On August 3, 2023, the City received a comment letter from HCD requesting additional information and revisions including:
•More data and local knowledge regarding past and current fair housing patterns and trends to understand progress toward affirmatively furthering fair housing (AFFH); •Expanded analysis of the site inventory to demonstrate viability and likelihood of redevelopment; and
•Refined program commitments with shortened timelines and quantifiable outcomes for implementation, including targeted efforts for AFFH in specific neighborhoods and special needs groups.
In response to HCD comments, City staff and consultants revised the text of the Housing Element (see redlined/highlighted edits in Attachment A). The HCD comment letter is provided as Attachment C and a matrix summarizing how staff and consultants addressed these comments is provided in Attachment D.
Staff is requesting that:
•First, the PTC review the staff responses to HCD comments, and recommend the City Council adopt the amendments to the 2023-31 Housing Element with the proposed responses.
•Second, the Council adopt a resolution making all findings required by State Housing Element Law and adopting the Revised 2023-31 Housing Element, with any additional revisions it deems necessary.
BACKGROUND
Overview
The Housing Element is the City’s plan to provide housing for its current and future residents. It is the only element of the City’s Comprehensive Plan that requires certification by the State.
The Housing Element covers a period of eight years between 2023 and 2031. The deadline to adopt a compliant Housing Element for the 6th Cycle Housing Element was January 31, 2023.
As part of the Housing Element, the City needs to plan for its “fair share” of housing for the 6th Cycle planning period. The City must plan for its regional housing needs allocation (RHNA) of 6,086 units. In addition, the Element must include programs that increase housing production in the City. Over the last three years, the City has evaluated and updated its draft Item 13
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Housing Element for the 2023-31 planning period. A history of City events and actions is available online at www.paloaltohousingelement.com.
Regional Housing Need Allocation (RHNA)
Per State law requirements, the Housing Element contains information about the City’s housing needs, constraints to building housing, available housing sites, an explanation of City resources for supporting housing development, as well as goals, policies and programs that will help address the City’s share of regional housing needs as identified by the Association of Bay Area Governments (ABAG). The City’s housing needs are quantified in the RHNA, which includes housing targets at all income levels. As shown in Table 1, the minimum RHNA requirement for Palo Alto in the 2023-31 planning period is 6,086 homes across four income levels.
Table 1: City of Palo Alto 2023-31 RHNA Requirement
Income Level
Very Low
Income Low Income
Moderate
Income
Above
Moderate
Income Total
Area Median
Income (AMI) <50% AMI
50-80% of
AMI 80-120% AMI >120% AMI
Units 1,556 896 1,013 2,621 6,086
Housing Element Document Requirements
The Housing Element identifies and analyzes existing and projected housing needs and establishes goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing across income levels. It identifies areas in the City where new housing may be built and estimates how many housing units could be built on specific sites. Furthermore, it helps the City plan for future housing needs of all residents at all income levels, including emergency shelters, special housing for the elderly, persons with disabilities, large families, and unhoused residents.
The Housing Element contains several mandated sections including: Executive Summary; Introduction; Housing Needs; Housing Resources; Housing Constraints; and Housing Plan (includes Housing Element programs). Additionally, Appendix C in the Housing Element contains the City’s analysis of Affirmatively Furthering Fair Housing (AFFH). AFFH is a new State requirement that mandates each jurisdiction take meaningful actions to further fair housing to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. The Housing Element, including the site inventory and programs, must be reviewed through the filter of AFFH requirements.
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Housing Element Submittal to HCD
The City has twice submitted the 2023-31 Housing Element to HCD for its required review and both times HCD has requested modifications. The City first submitted a draft of the 2023-31 Housing Element on December 23, 2022. HCD provided comments on March 23, 2023. The City responded to these comments and the PTC subsequently recommended and the City Council adopted the revised 2023-31 Housing Element on May 8, 2023. On June 7, 2023, the City submitted this adopted 2023-31 Housing Element to HCD for their review. Although the City believes its May 8, 2023 Housing Element substantially complies with all requirements of state law, on August 3, 2023, the City received a comment letter from HCD requesting additional modifications.
This current submittal includes all the required components of Housing Element Law and responds to HCD’s comments as well as public comments received since the May June 2023 submittal. Comments from individuals and organizations are provided and summarized in Appendix B of the Housing Element along with a description of how staff revised the Housing Element in response to these comments.
ANALYSIS
HCD Comments & City Responses
In its August 3, 2023 letter, HCD determined that the City’s Adopted 2023-2031 Housing Element addresses many statutory requirements, but expressed a perspective that revisions were necessary to comply with State Housing Element law. HCD’s comments generally fell into four chapters, which are highlighted in Table 2. Comments and the proposed revisions (redlined/highlighted in Attachment A) are summarized below and detailed in the response matrix in Attachment D.
Table 2: Summary of HCD Comments and City’s Revisions
HCD Comment Response
Affirmatively Furthering Fair Housing (AFFH) (Appendix C) Provide more local data and knowledge
that complements State and federal data
sources (e.g., Census) and to explain
factors contributing to Racially
Concentrated Areas of Affluence (RCAA)
Expanded history of Palo Alto and specifically why
so much of the city is categorized as an RCAA.
Described changes in land use policy and
programs to overcome past patterns of RCAA and
inequities.
Analyze trends related to disparities in
access to opportunities (in housing and
beyond) and expand programs and
policies to address shortcomings.
Expanded analysis of disparities in access to
housing, schools, transit, jobs, and related
indicators and refined programs to improve equity
in access to opportunities. Expanded matrix to
document how specific Programs from Ch. 5
further fair housing; targeted programs to certain
geographic locations and special needs
populations to support fair housing.
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Link sites inventory selection with
improvements to fair housing, especially
for low-income households.
Added discussion of the benefits of socio-
economic diversity; the GM/ROLM focus area
creates housing opportunities at all income levels.
Added matrix of selected Programs that address
fair housing and added geographic targeting to
focus resources in specific neighborhoods and/or
populations.
Resources/Site Inventory (Chapter 3)
Explain why selected sites are likely to
develop and at affordability levels
indicated in the Inventory.
Bolstered site criteria with data from precedent
projects from Palo Alto and surrounding
communities. Added building permit history,
revised status and affordability levels for pipeline
projects. Described recent rezonings associated
with Program 1.1.
Confirm conservative realistic capacity
assumptions and assess likelihood of
residential development in zones where
100% non-residential uses are allowed.
Emphasized increase in office vacancy rates and
reduction in new office starts and added more
site-specific analyses based on precedent projects.
Expand non-vacant sites analysis to
assess potential constraints to
redevelopment.
Expanded discussion of site suitability criteria and
examples of recent projects that exemplify those
criteria. Refined criteria and modified site
inventory to ensure that sites meet multiple
selection criteria.
Expand discussion of opportunities for
emergency shelters in ROLM(E) zoning
district.
Expanded discussion of recent redevelopment
trends in this zone.
Constraints (Chapter 4)
Study impacts on land use controls in all
zoning districts in the sites inventory.
Analyze impacts on other policies and
trends such as fees, timing, approval
certainty on ability to achieve maximum
densities.
Added site test analyses for remaining zoning
districts, and discussion of program
implementation to address potential impacts on
housing costs, feasibility, timing, and approval
certainty.
Analysis of cost and financial feasibility
related to permit procedures and
processing.
Expanded analysis of City fees and processing
procedures and timelines on project feasibility;
added examples of fees assessed on recent
projects; expanded discussion of Palo Alto’s fees
compared to nearby jurisdictions’ fees and the
difference between fees assessed on ADUs,
apartments, and condos.
Identify on- and off-site infrastructure
improvement requirements on housing
supply and affordability.
Added discussion of improvement requirements
related to subdivisions, building, zoning and public
works requirements.
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Expand discussion of potential
constraints of Retail Preservation
Ordinance and Tree Protection Ordinance
on housing.
Updated analysis of Tree Protection Ordinance
based on recent changes and clarified Retail
Preservation Ordinance exemptions for most
housing sites (except Downtown, Cal Ave, El
Camino nodes)
Housing Programs (Chapter 5)
Clarify commitments to specific housing
outcomes and deliverables.
Refined commitments to specific outcomes and
timelines (not just studies). Focused dates on the
first half of the planning period, where feasible, to
maximize impact.
Complete sites analysis (see Sites
Inventory comments above), adding/
refining programs as needed, and clarify
compliance with Surplus Lands Act.
Expanded sites analysis as indicated above, and
confirmed compliance with Surplus Lands Act for
City-owned sites.
Specify commitments to removing
constraints to housing for persons with
disabilities.
Revised fee waiver programs and alternative
housing programs to reduce impact fees and
reduce processing timelines.
Complete fair housing analysis (see AFFH
comments above) and refine related
programs to affirmatively further fair
housing.
Expanded fair housing programs; added targeted
outreach and programming to specific
neighborhoods and special needs populations to
focus affordable housing opportunities, services,
and outreach
Updates to Chapter 3: Resources/Site Inventory
The revised Housing Element reflects several changes to the Site Inventory as a result of proposed projects, HCD's comments and questions, and letters submitted by public commenters. City staff and consultants re-analyzed the Site Inventory to ensure that sites were viable as opportunity sites and that the realistic capacity analysis considered existing uses and potential constraints. As a result, City staff removed several sites from the list that may be less feasible during this planning cycle and added others that are more viable. A summary of changes to the Site Inventory is provided in Table 3 (strikeouts indicate the previous totals).
Table 3: Changes to Palo Alto Site Inventory (May 2023 vs. April 2024), by Income Level
Very Low Low Moderate
Above
Moderate Total
RHNA 1,556 896 1,013 2,621 6,086
Credits
Entitled Units 133 108 144 82 100 23 490 239 867 452
ADUs 153 153 153 53 512
Remaining RHNA 1,270 1,295 599 661 760 837 2,078 2,329 4,707 5,122 Opportunity Sites
Planned Units 83 83 86 553 805
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Multi-family Allowed 0 0 95 67 159 177 254 244
Rezone Completed 1,091 1,009 1,092 1,010 778 815 2,118 1,907 5,079 4,741 Subtotal 1,091 1,092 1,092 1,093 873 968 2,277 2,637 5,333 5,790 Total Units (Credits +
Opportunity Sites)
2,766 2,681 1,126 1,144 2,820 2,929 6,712 6,754
Total Unit Surplus 314 229 113 131 199 308 626 668
Total % Buffer 17 12% 16 15% 10 13% 13%
Attachment E identifies specific sites, by address and APN, that have been added, modified, or deleted from the Inventory since the previous version of the adopted Housing Element. In addition to this list in Attachment E, staff and consultants have made several updates to the Inventory to:
•Adjust the distribution of household income levels achievable on sites appropriate for lower income households from 75% low income and 25% moderate income, to 80% low income and 20% moderate income, to meet the RHNA and even out the buffer above the RHNA for each income level. This threshold is still appropriate since the City has a track record of developing 100% affordable projects.
•Correct errors in the Assessor and City database such as existing uses, floor area ratio, and existing unit count.
•Moving proposed projects from pipeline of "entitled units” to "planned units” (see Table 3)
The Inventory in Appendix D of the Housing Element reflects the latest inventory, which meets the RHNA across all income levels and provides a buffer of approximately 13% potential units over the required RHNA.
Updates to Chapter 5: Programs
Building on HCD comments on the Programs, specified in Table 2, and working in collaboration with HCD, City staff and consultants made several additional changes to Chapter 5: Programs to optimize program implementation, strengthen implementation, and focus fair housing efforts.
City staff took a critical and realistic look at which programs would likely be most effective, in light of available staff resources and budget for consultant resources. Based on feedback from HCD, staff added geographic targeting objectives to relevant programs to focus program efforts in specific neighborhoods and special needs populations to improve fair housing. Next, staff proposed places to eliminate, consolidate, or revise programs accordingly. The most substantive program changes proposed are as follows:
•Program 1.1 - Rezoning to Meet RHNA: Revised to increase density and related standards on parcels associated with the new "El Camino Real Focus Area,” between Page Mill Road and Matadero Avenue. The City Council adopted an ordinance Item 13
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implementing Program 1.1 in December 2023, thereby meeting the statutory deadline of January 31, 2024 to complete rezonings required to meet the RHNA. •Program 3.3 - Streamlined Review for 100% Affordable Housing: Revised to simplify process requirements for 100% affordable housing projects. While many such projects will continue to utilize State streamlining bills, this will allow projects that are not eligible for State streamlining an alternate (local) processing path. Program revisions also establish priority processing of affordable housing projects, above other projects, when it comes to staff resources and hearings, regardless of submission date. •Program 3.6 - Expedited Project Review: Consolidated to focus expediting opportunities:
define pre-application advisory meetings with City staff and the ARB to get early feedback; and allow streamlined review processing (i.e., one ARB study session) for projects that meet objective standards.
•Program 4.1 - Replacement Housing: Revised to acknowledge new statutory requirements that both residential and non-residential redevelopment projects replace existing dwelling units.
•Program 4.5 - Labor Practices: Added program to develop a list of local labor unions and apprenticeship programs on the City’s website and encourage developers and contractors to hire local labor, based on prior Council direction. •Program 6.6 - Fair Housing (San Antonio Area Plan): Added program component to prepare an area plan for the San Antonio Road Corridor, including the ROLM/GM Focus Area. This will include collaboration with local organizations and residents to facilitate neighborhood planning that integrates housing with safe multi-modal transportation and provides access to amenities, parks and open space, placemaking improvements, and mitigations for environmental impacts.
•Global Changes: Added targeted efforts for program implementation to certain neighborhoods and locations in the city as well as certain special needs population. This geographic targeting is intended to focus affordable housing opportunities, services, and outreach to further fair housing.
•Removed Programs:
oLot Consolidation (formerly 1.6): This program was not needed because the City was not relying on the lot consolidation program to meet the RHNA or reduce constraints.
oReplacement Requirements (portion of 4.1): Based on recent changes to State law, commercial projects must now replace existing protected dwelling units that are being demolished. The removed program would have been largely duplicative of the new state law.
oFunding Opportunities (formerly 5.2): Consolidated with a similar program; see Program 2.1.
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HCD Review
Staff met with HCD staff over a series of meetings in February and March 2024 to review draft revisions in response to comments outlined in the August 3, 2023 HCD comment letter. City staff believe the revised Housing Element (Attachment A) incorporates changes that fully respond to the comments in HCD‘s August 2023 letter, and that it meets all statutory requirements. Accordingly, staff believe the revised Housing Element is appropriate for adoption and are hopeful that HCD will certify this version. Even in the absence of certification from HCD, the City may still assert that both this version and the previously adopted Housing Element are substantially compliant.
The attached resolution for the City Council’s consideration also aims to provide some flexibility as the Housing Element nears certification by HCD. Specifically, adoption of this resolution would authorize City staff to:
1. Make non-substantive changes if requested by HCD as part of their formal review without necessitating re-adoption of the Housing Element by the City Council.
2. Take additional actions to achieve certification. This may include rescinding the Revised Housing Element from HCD’s formal review if doing so would cut down on HCD’s 60-day review time and allow for a faster turnaround to make any substantive changes requested by HCD.
Traffic Level of Service Analysis
While transportation level of service (LOS) is no longer a topic requiring analysis under the California Environmental Quality Act (CEQA), it is still relevant to understanding potential operational impacts (e.g., delay) and mitigations (e.g., stop signal and signal timing). In addition to the CEQA analysis described below, Hexagon Transportation Consultants analyzed the potential impacts of buildout of the Housing Element sites inventory, policies, and programs on the City’s transportation service levels. This includes LOS for the roadway, as well as travel by pedestrians, bicyclists, and transit users.
The Housing Element is an update to the City’s Comprehensive Plan; therefore, this analysis examined transportation changes resulting from the updated Housing Element compared to transportation service resulting from the Comprehensive Plan as a whole. Then, the analysis determined whether there were any new or more severe impacts and whether additional mitigations would be required. In short, LOS resulting from the Housing Element is generally similar to what was identified in the Comprehensive Plan and Comprehensive Plan EIR in terms of impacts and mitigations. The differences between the Comprehensive Plan EIR analysis and the Housing Element analysis are primarily attributable to changes in the travel demand model in the intervening years since the Comprehensive Plan EIR was completed and less to impacts associated with the Housing Element.
The LOS results are summarized below and detailed in the memo in Attachment F:
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•The Housing Element LOS analysis produces generally the same results as the previous 2030 Comprehensive Plan analysis. This is not surprising given the modest increase in housing units compared to what was evaluated for the Comprehensive Plan and alternatives in the Comprehensive Plan EIR.
•The Comprehensive Plan EIR analysis suggested that seven intersections could operate at deficient LOS (D and E), as a result of implementation of the Comprehensive Plan. By comparison, the Housing Element analysis finds a potential reduction in the number of deficient LOS intersections, from seven to four, primarily because of updates to the travel demand model and the change in vehicle miles travelled (VMT) policy (not due to the Housing Element project per se)
•The Housing Element analysis suggests some potential reduction in transit use, increase in biking and walking, and no substantive change in automobile use; again, these potential changes are primarily due to changes in the travel model and VMT policy and not attributable to the impacts of Housing Element implementation per se. •The City must continue to implement Comprehensive Plan transportation policies (e.g., transportation demand management [TDM] measures) as mitigation measures for both the Comprehensive Plan and the Housing Element update
Consequences for Non-Compliance
The deadline for Bay Area jurisdictions to adopt a compliant Housing Element was January 31, 2023. Consequences for noncompliance include jurisdictions facing the possibility of loss of local housing land use discretion, housing grant ineligibility, and fines.
More recently, there has been statewide discussions about a “builder’s remedy” in the Housing Accountability Act (HAA) and jurisdictions with non-compliant Housing Elements. In short, the builder’s remedy refers to a provision of the Housing Accountability Act that restricts the ability of a jurisdiction that does not have a compliant housing element to deny certain affordable housing projects even if the projects are inconsistent with local zoning or general plan regulations. Staff previously provided a discussion of the builder’s remedy on the Council’s November 7, 2022 agenda.1 The City has received seven applications explicitly invoking the “builder’s remedy” as of as of March 20, 2024. In the event the City adopts a Housing Element and denies a housing project for non-compliance with local regulations prior to receiving certification from HCD, a court would likely determine the adequacy of the City‘s Housing Element.
TIMELINE
The Housing Element update process has been underway for three years. Table 4 shows the significant milestones that have been achieved, leading up to preparation of this (third) version of the Housing Element. Concurrent with the preparation of the Housing Element, the City has 1 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city- councilagendas-minutes/2022/20221107/20221107pccsm-amended-linked-q.a-2.pdf Item 13
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already completed some of the programs, notably, adopting zoning changes to meet the City’s RHNA (Program 1.1) and allowing by-right approval of non-vacant sites identified as opportunity sites in the 5th and 6th cycle Housing Elements (Program 1.3).
Table 4: 2023-31 Housing Element Progress Milestones
Milestone Date
Formation of HE Working Group (HEWG) February 2021
PTC consideration of HE sites February 2022
Council approval of HE sites April 2022
PTC consideration of HE programs August 2022
Council approval of HE programs October 2022
Public Review HE released November 2022
HE #1 submitted to HCD for 90-day review December 2022
PTC consideration of draft HE (version #1) March 2023
HCD Comment letter #1 received March 2023
PTC & Council adoption of HE (version #2) May 2023
Adopted HE submitted to HCD for 60-day review June 2023 HCD Comment letter #2 received August 2023
PTC & Council consideration of Revised HE (version #3) April 2024
NEXT STEPS
If the City Council adopts the Revised 2023-2031 Housing Element, City staff will make any required revisions to the Housing Element based on Council direction. The City then has 30 days from adoption to submit the Housing Element to HCD; it is anticipated that HCD would review the revised Housing Element within 60 days following submittal.
If HCD determines the City’s revisions address all the comments in the HCD review letter, HCD may issue a “substantial compliance” letter to the City confirming compliance with the requirements of state law. Alternatively, if HCD believes only minor revisions are required, it may issue a letter stating that if the City revises the Housing Element as outlined in HCD’s responses, the Housing Element substantially complies with the State Housing Element requirements. Finally, if HCD believes significant revisions are required, it could simply issue further comments without any indication regarding compliance with State law.
Staff believe the Housing Element document before the Council fully responds to all of the comments in HCD’s August 3, 2023 letter and that it meets all statutory requirements.
Accordingly, staff believe the Housing Element is appropriate for adoption and anticipates HCD will confirm its compliance with State law. As noted above, even in the absence of a substantial compliance letter from HCD, the City may still assert that its Housing Element is substantially compliant.
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FISCAL/RESOURCE IMPACT
This action has no fiscal impact. However, the implementation of the Housing Element will require significant staff or consultant resources to complete rezones, program implementation, and prepare studies. Generally, all tasks will need to be completed within the first few years of Housing Element adoption. This will involve greater staff resources and the use of consultants for the studies. Budget requests related to these activities will be reflected in the annual budget development process.
STAKEHOLDER ENGAGEMENT
The Housing Element update process included substantial public outreach and engagement opportunities. The City formed the Housing Element Working Group (Working Group), a 17-member group that advised the City Council with the Housing element update.
The Working Group represented a demographic cross-section of the City. The Working Group included renters, affordable housing residents, seniors, persons of color, a representative from the unhoused community, and an affordable housing developer.
There were other outreach efforts to educate the community about the Housing Element update effort and to receive community input. In addition to the project’s webpage, the City conducted an online survey with 430 respondents, hosted three community workshops and held over 30 public meetings (includes Working Group, Council Ad-hoc, PTC, and City Council).
Additionally, staff had numerous presentations with civic groups, meetings and calls with members of the public and developers to address questions and provide information.
Since the June 2023 draft Element, City staff has met with representatives from Palo Alto Forward, in addition to property owners and developers. Appendix B of the Housing Element provides a more detailed breakdown of each of the public meetings as well as summaries of other community engagement efforts. City staff was also able to meet with its HCD reviewer over a series of meetings in February and March 2024 to discussed proposed revisions in response to HCD‘s comments.
The Palo Alto Municipal Code requires notice of this public hearing to be published in a local paper. Notice of a public hearing for this project was published in the Daily Post on April 3, 2024, which is more than 10 days in advance of the meeting. Interested parties were sent the public notice via electronic mail. Notice of the public hearing was also posted on the City’s Housing Element website at www.paloaltohousingelement.com.
In addition, as required by State law, the attached revised draft Housing Element (and any future revisions) must be made available for public review for at least seven days before any action can occur. The minimum 7-day public review period for the revised Housing Element starts on April 4, 2024 and concludes on April 15, 2024. The revised draft was available online at www.paloaltohousingelement.com.
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ENVIRONMENTAL REVIEW
The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the City, acting as the lead agency, has prepared an Addendum to the 2017 Palo Alto Comprehensive Plan Environmental Impact Report (Comp Plan EIR) for the 2023-2031 Housing Element.
The City Council adopted a resolution that considered a revised Addendum to the Comp Plan EIR on December 18, 2023, as part of the rezoning required to meet the RHNA and Program 1.1 of the Housing Element.2 This Addendum analyzed potential impacts of the updated Site Inventory, including the El Camino Real Focus Area. Since the action in December 2023, a few sites have been removed from the Site Inventory as a result of additional analysis, which modestly reduces the total number of units that projected during the planning period and the potential impact under CEQA. No further environmental review or action is required at this time.
ATTACHMENTS
Attachment A: Clean and Strikeout/Underlined Draft 2023-31 Housing Element, April 2024 Attachment B: Draft Resolution to Adopt Housing Element Attachment C: HCD Comment Letter, August 3, 2023
Attachment D: Matrix of HCD Comments and City Responses Attachment E: Changes to Site Inventory (May 2023 vs. April 2024) Attachment F: Transportation Level of Service Analysis
APPROVED BY:
Jonathan Lait, Planning and Development Services Director 2 https://paloaltohousingelement.com/wp-content/uploads/2024/02/Palo-Alto-Housing-Element_Revised-EIR- Addendum_November-2023.pdf
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Attachment A
Meeting Date: April 15, 2024
Clean and Strikeout/Underlined Draft 2023-31 Housing Element, April 2024 Please visit https://paloaltohousingelement.com/ to see both the clean and strikeout/underlined versions of the draft document.
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*NOT YET APPROVED* Attachment B
1 20240403_ay16
Resolution No. _____
A Resolution of the City Council of the
City of Palo Alto, Adopting A Comprehensive Plan
Amendment to Amend the 2023-2031 Housing Element
RECITALS
A. California Government Code Section 65300 et seq. requires every city and county in California to adopt a General Plan, known in Palo Alto as its Comprehensive Plan, for its long-range development, and further, to periodically to update that plan to reflect current issues and conditions; and
B. On November 13, 2017, the City Council for the City of Palo Alto (City) certified a Final Environmental Impact Report (EIR) for the City of Palo Alto Comprehensive Plan 2030 through Resolution No. 9720, made findings in relation to the Final EIR, adopted a mitigation monitoring and report plan (MMRP), and adopted a statement of overriding considerations through Resolution No. 9721 and adopted the City of Palo Alto Comprehensive Plan 2030 through Resolution No. 9722; and
C. Government Code Section 65302 mandates that every city and county shall include a Housing Element in its General Plan, and that the Housing Element be updated regularly on a schedule set forth in the law to reflect current conditions and legal requirements; and
D. State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Palo Alto (City) regional housing need allocation (RHNA) of 6,086 housing units, comprised of 1,556 very-low income units, 896 low-income units, 1,013 moderate-income units, and 2,621 above moderate-income units; and
E. To comply with State Housing Element Law, the City has prepared the Housing Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and
F. As provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment and also qualifies as a project under the California Environmental Quality Act (CEQA); and
G. Pursuant to the provisions and requirements of CEQA and CEQA Guidelines Section 15164, the City as lead agency, prepared an Addendum to the 2017 Comprehensive Item 13
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Plan Final EIR (the Addendum) to analyze the potential environmental impacts resulting from adopting the 2023-2031 Housing Element, which Addendum is attached hereto as Exhibit E and incorporated by this reference; and
H. The Addendum analyzes the environmental impacts of the 2023-2031 Housing Element and the Addendum, in conjunction with the 2017 Comprehensive Plan Final EIR, is the environmental document upon which adoption of the 2023-2031 Housing Element is predicated; and
I. As provided in Government Code sections 65352 – 65352.5 the City mailed a public notice to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and
J. No California Native American tribe requested consultation; and
K. The City conducted extensive community outreach in multiple languages over the past three years including at least fifteen meetings of the Housing Element Working Group, eight meetings of the City Council Housing Element Ad Hoc Committee, two community workshops, dissemination of a housing survey, numerous meetings with special interest groups such as the Palo Alto Renters Association, Housing Choices, Palo Alto Forward, and Ability Path, four meetings of the Planning and Transportation Commission (PTC), three meetings of the City Council, and two joint meetings of the PTC and City Council; and
L. In accordance with Government Code Section 65585 (b), on November 7, 2022, the City posted the draft Housing Element and requested public comment for a 30-day review period, and on December 23, 2022, after responding to public comments, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD or Department) for its review; and
M. On March 8, 2023, the PTC held a duly and properly noticed public hearing to consider a draft of the Addendum and the initial draft of the 2023-2031 Housing Element, and unanimously recommended that the City Council adopt the draft 2023-2031 Housing Element, subject to refinement following formal comment by HCD.
N. In February 2023, prior to receiving HCD’s formal findings regarding the draft Housing Element, the City contacted HCD discuss preliminary comments on the adequacy of the draft Housing Element; and
O. On March 23, 2023, the City received a letter from HCD, attached as Exhibit B to this Resolution, providing its findings regarding the draft Housing Element, and based Item 13
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upon this, City staff and consultants revised the draft Housing Element to include additional information and data; and
P. On April 27, 2023, the City published a revised draft Housing Element responding to HCD’s findings and requested public comment on the draft; and
Q. On May 8, 2023, the PTC held a duly and properly noticed joint public hearing with the City Council and recommended that the City Council adopt the Housing Element; and
R. On May 8, 2023, the City Council conducted a duly and properly noticed joint public hearing with the PTC and adopted Resolution No. 10107, approving the Addendum, repealing the 2015-2023 Housing Element, and adopting the 2023-2031 Housing Element with minor revisions.
S. On May 30, 2023, the City posted the Adopted 2023-2031 Housing Element (“Adopted Housing Element”), incorporating revisions directed by the City Council, to its website for a period of seven days, in accordance with Government Code 65585.
T. On June 7, 2023, the City submitted the Adopted Housing Element to HCD and on August 3, 2023, the City received a comment letter from HCD requesting additional information and revisions to the Adopted Housing Element.
U. In Fall 2023 and Winter 2024, the City met with HCD and special interest groups to discuss revisions to the Adopted Housing Element.
V. On November 13 and December 18, 2023, the City Council approved a Revised Addendum to the Comprehensive Plan Final EIR (“Revised Addendum”) and adopted Ordinance No. 5608, implementing the rezoning called for in the Adopted Housing Element to accommodate the RHNA. The Revised Addendum analyzed potential changes to the Adopted Housing Element’s Site Inventory as well as more expansive rezoning than originally contemplated in the Adopted Housing Element.
W. On April 4, 2024, the City posted the Revised 2023-2031 Housing Element (“Revised Housing Element”) to its website, in accordance with Government Code 65585.
X. On April 18, 2024, the PTC held a duly and properly noticed joint public hearing with the City Council and recommended that the City Council adopt the Revised Housing Element; and
Y. On April 18, 2024, the City Council conducted a duly and properly noticed joint public hearing with the PTC, considered the Revised Addendum, and reviewed the Revised Item 13
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Housing Element along with all supporting documentation, including HCD’s findings and the City’s responses thereto, the staff report and all attachments, and oral and written public comments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The record of proceedings upon which the City Council bases its decision herein includes, but is not limited to: (1) the Revised Addendum and the 2017 Comprehensive Plan Final EIR including all appendices and attachments cited and/or relied upon therein; (2) the staff reports, City files and records and other documents prepared for and/or submitted to the City relating to the 2017 Comprehensive Plan Final EIR, the Revised Addendum, and the Revised Housing Element; (3) the evidence, facts, findings, and other determinations set forth in this Resolution; (4) the 2017 Comprehensive Plan; (5) all studies, data, and correspondence submitted by the City in connection with the Revised Addendum and the Revised Housing Element; (6) all documentary and oral evidence received at public workshops, meetings, and hearings; (7) all other matters of common knowledge to City decisionmakers, including City, state, and federal laws, policies, rules, and regulations, reports, records, and projections related top development within the City of Palo Alto and its surrounding areas. The location and custodian of records is the City Clerk of the City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA 94305.
3. Based on the record of proceedings as a whole, the City Council finds that the potential environmental impacts of the Revised Housing Element were fully analyzed in the Revised Addendum. Changes to the Revised Housing Element since the Revised Addendum was prepared and approved in November 2023 consist of a small reduction in projected housing units during the planning period, reducing any potential impacts.
The City Council further makes the following findings and declarations:
a. That the Revised Housing Element represents only incremental change over the conditions studied in the 2017 Comprehensive Plan Final EIR. b. The MMRP adopted in conjunction with the 2017 Comprehensive Plan included all mitigation measures necessary to mitigate the most impactful scenarios contemplated in the 2017 Comprehensive Plan EIR.
c. None of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a Subsequent EIR or Supplemental EIR are present, as set forth in the Revised Addendum.
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d. Any modifications to the Revised Housing Element directed by the City Council on April 18, 2024 do not change the conclusions of the Revised Addendum and the 2017 Comprehensive Plan Final EIR.
e. The Revised Addendum has been prepared in accordance with CEQA and the State CEQA Guidelines and reflects the independent judgment of the City as lead agency.
f. All mitigation measures included in the MMRP for the 2017 Comprehensive Plan Final EIR will continue to be required, as part of the adoption of the Revised Housing Element.
4. Based on the record of proceedings as a whole, the City Council makes the following findings and declarations regarding the Revised Housing Element, as shown in Exhibit A to this Resolution, incorporated herein:
a. Adoption of the Revised Housing Element is in the public interest. The Revised Housing Element promotes the production of the City’s share of regional housing need for all segments of the community, which is in the interest of the City, the region, and the state.
b. The Revised Housing Element is internally consistent and consistent with the rest of the Comprehensive Plan. As an integrated set of goals, policies, programs, and timelines, and quantified objectives, the Revised Housing Element does not approve any specific development projects; it acknowledges land use and zoning changes that will be required and therefore it creates no inconsistencies with the Comprehensive Plan.
c. The Revised Housing Element was developed through diligent effort by the City to achieve public participation of all segments of the community, as described in Chapter 1 of the Revised Housing Element.
d. The Revised Housing Element substantially complies with all requirements of Housing Element Law, as provided in Government Code 65580 et seq., and contains all provisions required by State Housing Element Law. A detailed analysis of the Adopted Housing Element was provided in Exhibit D to Resolution 10107; the amendments contained in the Revised Housing Element are consistent with and augment the statutory compliance demonstrated in that analysis.
5. Based on substantial evidence in the record, including, but not limited to, the analyses provided in Chapters 3 and 4 of the Revised Housing Element, the City’s experience with the redevelopment of non-vacant and commercially developed sites for housing, strong expressed interest from property owners and developers, and the numerous policies and programs in Chapter 5 of the Revised Housing Element aimed at reducing constraints to housing development and otherwise increasing housing supply, the existing uses on the non-vacant sites identified in the site inventory to accommodate Item 13
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the RHNA are likely to be integrated with new residential uses or discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period.
6. As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the City dated August 3, 2023, consistent with Government Code Section 65585(f), and as described in Exhibit C to this Resolution, incorporated herein, the City Council has changed the Housing Element in response to the findings of the Department to align with HCD’s interpretation of the requirements of State Housing Element Law. However, based on the findings set forth in Paragraph 3, and on the record as a whole, including the analysis provided in Exhibit D to Resolution 10107, the City Council finds that modifications requested by HCD to achieve certification in its August 3, 2023 letter and in future letters are not necessary to substantially comply with the requirements of state law.
7. The Revised Housing Element is adopted as the Housing Element of the City of Palo Alto Comprehensive Plan for the 2023-2031 planning period.
8. The City Council intends to complete the HCD review process to obtain HCD certification and hereby directs and authorizes the Director of Planning and Development Services:
a) to file all necessary material with the HCD for the Department to find that the Revised Housing Element is in conformance with its interpretation of State Housing Element Law; b) to make all non-substantive changes to the Revised Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department to achieve certification; and c) to take all other actions necessary to achieve certification.
9. The Director of Planning and Development Services is hereby directed to ensure that the Revised Housing Element, including any additional amendments, is posted to the City’s website, and a link emailed to all individuals and organizations that have previously requested notices, at least seven days prior to submission to HCD.
10. The Director of Planning and Development Services and City Clerk are hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
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11. This Resolution shall become effective upon adoption by the City Council.
INTRODUCED and PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
Exhibit A: Revised 2023-2031 Housing Element
Exhibit B: HCD Finding Letter, dated August 3, 2023
Exhibit C: Response to HCD Findings
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Exhibit A
Not included in this draft for brevity. To be replaced with Attachment A to Council Report #2312-2450, as revised.
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Exhibit B
Not included in this draft for brevity. To be replaced with Attachment C to Council Report 2312- 2450.
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Exhibit C
Not included in this draft for brevity. To be replaced with Attachment F to Council Report 2312- 2450
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Draft HCD Response to Comments Matrix (April 2024)
HCD Comment, by Chapter City Response to Comment Chapter/Section Appendix C: Assessment of Fair Housing
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Racially Concentrated Areas of Affluence (RCAA): As mentioned in HCDs previous letter, the element provided a limited analysis of factors contributing to RCAA’s. While the element was Additional analysis was added detailing the
historical past discriminatory practices that likely C.7 Local Knowledge/ Local History, C.4 RCAAs/ Local Trends,
revised to include a few general statements, the analysis should be revised to include local data contributed to RCAAs in the city. Information was C.8 Other Relevant Factors/ City-Driven and knowledge, and other relevant factors. For example, the element could examine past land added to the local history subsection. Discussion Initiatives, use practices, investments, and quality of life relative to the rest of the City and region and then was added the city's trends of RCAA and how the C.9 Site Inventory/ Sites by Areas of formulate appropriate programs to promote more inclusive communities and equitable quality City is taking initiative initiatives that promote Integration and Segregation of life. For example, the City should consider additional actions (not limited to the Regional Housing Needs Allocation (RHNA)) to promote housing mobility and improve new housing opportunities throughout the City.
affordable housing and a more inclusive
community, and working to overcome past
patterns that contribute to RCAAs.
Disparities in Access to Opportunity: While the element was revised to include Table (C-6) on (P.C-48) the element must analyze these data points for trends and patterns throughout the The Assessment of Fair Housing topics related to C.5 Disparities in Access to Opportunity/ disparities in access to opportunities include Transit/ Education/Economic and City, and any concentrations or coincidences with other components of the fair housing analysis. further analysis on the data provided in Table C-6. Employment/ Healthy Indicators A complete analysis should revise and or provide additional policies and programs that meet the Patterns in opportunity access by race/ethnicity need of each of the components mentioned above. and poverty in the city and within the region are discussed in further detail for each of the identified
fair housing topic.
Disproportionate Housing Needs Including Displacement:While the element was revised to Additional discussion on the local trends, patterns, C.6 Disproportionate Housing Needs, include additional analysis on displacement risk for areas defined as sensitive communities, the and overlap of fair housing issues, including Including Displacement/ Housing Cost Burden/ Substandard Housing/
Homelessness/ Overcrowding/ Displacement
Risk/ Housing Tenure
element must provide additional analysis on local and regional patterns for overcrowding, overpayment, and substandard housing including any identified trends and coincidence with other components of the fair housing assessment. In addition, the element briefly mentions persons experiencing homelessness, but should provide additional information on the need, including, impacts and patterns within the City. For instance, the element should examine disproportionate impacts on protected characteristics (e.g., race, disability) and patterns of need, including access to transportation and services. HCD will provide additional guidance under a separate cover.
displacement has been added throughout
Appendix C. A new table with homeless counts
within the City of Palo Alto and additional
discussion has been added to the Homelessness,
Local Trends subsection. Analysis on
disproportionate impact on certain groups and the
overlap with special housing needs (including race
and disability) has been added where applicable
and specifically to Housing Cost Burden,
Homelessness, and Displacement sections.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): While the element was revised Discussion was added on how the site selection to include an analysis on site location and isolation by income group, the element must still contributes to improved housing conditions, relate site selection to all components of the fair housing assessment. In addition, the element including number of units allocated, and the should include additional information on how sites will improve fair housing conditions. For C.9 Site Inventory, Total Units by Resource
Area/ Sites by Area of Integration and
Segregation/ Sites by Disproportionate
components of fair housing. Discussion was added Housing Needs/ Sites by CalEnviroScreen example, the element mentions the isolation of lower-income units in the Research; Office and regarding sites located in the GM and ROLM zone. Score Limited Manufacturing (ROLM) zone; however, the element provides minimal information on how this zone improves fair housing.
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HCD Comment, by Chapter City Response to Comment Chapter/Section Local Data and Knowledge and Other Relevant Factors: As noted in the prior findings, the Analysis and history about Palo Alto provided by C.7 Local Area Knowledge, Local History/ element must supplement the analysis and complement state and federal data with local data the City has been added into the Local Knowledge Community Engagement, and knowledge to capture emerging trends and issues, including utilizing knowledge from local section, including local history, recent housing C.8 Other Relevant Factors, City Driven and regional advocates, public comments, and service providers. production, and discussion on the emerging trends Initiatives and issues in the city, and recent initiatives the City is implementing in order to overcome past
patterns.
Contributing Factors: The element identifies many contributing factors to fair housing issues but Contributing factors are categorized and prioritized Appendix C: Assessment of Fair Housing; must prioritize these factors to better formulate policies and programs and carry out meaningful with corresponding programs in Table C-11. The Contributing Factors actions to AFFH. table has been updated as needed following revisions to the Housing Plan as pertains to AFFH.
Ch. 3: Housing Resources and Opportunities
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress Towards the RHNA: As you know, the City’s RHNA may be reduced by the number of The project status and affordability level for the Chapter 3: Housing Resources; new units built since June 30, 2022; however, the element must demonstrate the affordability of entitled and proposed development projects listed 3.3 RHNA Credits, Entitled Developments/ units in the planning period is based on actual sales price, rent level, or other mechanisms ensuring affordability (e.g., deed restrictions). Table 3-2 on (P.3-5) was revised to include the in Table 3-2 have been updated. Additional
analysis on building permit history and success
Table 3-2
anticipated affordability of entitled and proposed developments and the element provides some rates was included. information about past trends to demonstrate the likelihood these units will move from entitlement to building permits. In order to demonstrate the likelihood that the units will be built in the planning period the analysis must consider any barriers to development, phasing, anticipated build-out horizons, market conditions, and other relevant factors to demonstrate their availability in the planning period. For example, the element could apply past success rates to the projects listed on Table 3-2.
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HCD Comment, by Chapter City Response to Comment Chapter/Section Realistic Capacity: As mentioned in HCDs previous letter, realistic capacity assumptions are generally conservative and based on existing or recently approved residential development Additional analysis has been added to the Realistic Chapter 3: Housing Resources; Capacity section to further discuss representative 3.6 Suitability of Residential Opportunity within the City and the surrounding region. While development trends can be used to support sites. The representative sites analysis now realistic capacity assumptions, the element must still include an analysis that accounts for includes a list of sites from each area of the city existing land use and site improvements. Based on a complete analysis, the element may need and an explanation as to the realistic capacity of to revise current realistic capacity assumptions. In addition, while the element provides some the sites and how development would be Sites, Vacant/ Developer Interest, Surface
Parking, Vacant Buildings, Faith Based
Institutions/ Single-Story Buildings/
Improvement-to-Land Value Ratio/ Age of
analysis on the likelihood of residential development in zones where 100 percent nonresidential supported in these zones. Additionally, sites were Structure/ Increased Unit Potential/ Existing uses are allowed (P. 3-25), the analysis is unclear as to how and if existing policies incentivize removed/adjusted per public comments. The Uses// Sites Used in Previous Planning Period, residential development in nonresidential zones. Finally, the element should commit to a mid- realistic density was based on pipeline and regional 3.7 Site Inventory Strategy, cycle assessment of residential development in zones that allow 100 percent nonresidential uses. Based on the results of this assessment, the City may need to identify additional sites to meet the RHNA.
trends. Land use controls were analyzed for each 3.8 Adequacy of Residential Site Inventory in zoning district where the 5th cycle Sites Inventory Meeting RHNA was developed; 11 of 16 were developed with
residential uses. Rationale was included for the
strategy applied, along with programs created to
facilitate residential development in these zones.
Nonvacant Sites: As mentioned in HCDs previous letter, the element provides several factors Additional site selection criteria was added and Chapter 3: Housing Resources and that demonstrate the redevelopment potential of nonvacant sites, including, current and past discussed, giving more reasoning as to how non- Opportunities; 3.6 Suitability of Residential development trends, improvement to land value ratios, existing use vs zone use, age of structure, floor area ratio (FAR), proximity to transit, TCAC/HCD designations, and community interest. While the element now includes some information on current market demand, the element must still include an analysis addressing HCDs previous finding on the suitability of nonvacant sites. The analysis must address nonvacant sites related to existing uses that may constitute an impediment to additional residential development, past experiences converting existing uses to higher-density residential development, existing leases or contracts that would perpetuate the existing use or prevent additional residential development or other relevant information to demonstrate the potential for redevelopment such as expressed owner and developer interest. Based on a complete analysis, the element may need to add or revise programs to facilitate redevelopment. In addition, please refer to Palo Alto Moving Forward’s July 14, 2023, (P.12) letter for additional information on several data errors identified in the element related to nonvacant sites.
vacant sites were selected, including criteria that Opportunities, Site Selection Criteria/ Existing must be met for non-vacant sites to be included in Uses/ Table 3-11 Existing Uses on the sites inventory. Additional analysis on existing Opportunity Sites, 3.7 Site Inventory use of nonvacant sites has been added. Strategies
Finally, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during the planning period (Gov. Code, § 65583.2, subd. (g)(2).
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HCD Comment, by Chapter City Response to Comment Chapter/Section Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, Sites inventory will be submitted electronically with N/A the County must submit an electronic sites inventory with its adopted housing element. The County must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing- element/index.shtml#element for a copy of the form and instructions. The County can reach out to HCD at [email protected] for technical assistance. subsequent submissions of the Housing Element.
Zoning for a Variety of Housing Types (Emergency Shelters): While the element was revised to Discussion on redevelopment trends in the GM and Chapter 3: Housing Resources and include an analysis on the suitability of the City’s ROLM(E) zone to meet the City’s unsheltered ROLM zones was substantially expanded. Site Opportunities; Amendments to the need, the element must be revised to include an analysis of potential reuse and redevelopment criteria and representative sites were included to Comprehensive Plan and Zoning Code/ROLM/ opportunities in this zone. provide justification for sites in the Site Inventory. Table 3-6 Previous VS. New Development Standards for Opportunity Sites, by
Residential and Mixed-Use New
Districts/Table 3-7 Existing vs. Proposed
Development Standards for Opportunity Sites
and Focus Areas (GM and ROLM Districts);
Chapter 4: Housing Constraints;
4.2 Governmental Constraints, Zoning for a
Variety of Housing Types - Analysis of Land
Use Controls
Ch. 4: Housing Constraints
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) Land Use Controls: As mentioned in HCDs prior review, the element must identify and analyze Additional discussion was added on the City’s the impact of all relevant land use controls as potential constraints on a variety of housing types Housing Incentive Program, Workforce Housing in all zones that allow residential uses. While the element now analyzes most zones, the City’s Overlay and State Density Bonus Law. Additional Chapter 4: Housing Constraints; 4.2
Governmental Constraints, Zoning for a
Variety of Housing Types - Analysis of Land
CC, CS, and CD-N zones must still be analyzed. analysis of City's land use controls for the CD-N, CC, Use Controls In addition, the element must also provide an analysis that addresses any impacts on cost, supply, housing choice, feasibility, timing, approval certainty, and ability to achieve maximum densities and includes programs to address any identified constraints. Currently, the element CS zones was added, including figures for model
residential development and an analysis on
potential constraints. Discussion on the
seems to rely on several factors such as the City’s Housing Incentive Program (HIP) and Senate implementation of Programs 3.1 and Programs 3.7 Bill 478 to reach maximum densities. While the HIP can be a great tool for development, the City was added to address potential impacts on housing must demonstrate that current land use controls facilitate housing without the use of this tool. costs, feasibility, timing, and approval certainty.
Finally, the element should link development standards used in recent projects (P.3-13-19) to current land-use controls.
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HCD Comment, by Chapter
Local Processing and Permit Procedures: The element was revised to include a discussion on the Added additional analysis into the fee discussion City’s processing and permit procedures for potential constraints on approval certainty and including a fee comparison table of neighboring City Response to Comment Chapter/Section
Chapter 4: Housing Constraints; 4.2
Governmental Constraints, Zoning for a
timing. However, as mentioned in HCDs prior review, an analysis of cost and financial feasibility jurisdictions. An example feasibility case study on Variety of Housing Types - Analysis of Land is required. Finally, the City relies on processes such as the City’s expedited review process to the 850 W. Bayshore Rd. Project was included to Use Controls mitigate timing constraints on approval certainty. While this process can be useful, only projects further the conclusion that permit processing costs that adhere to base development standards qualify. As mentioned above, the City should and impact fees to address infrastructure analyze development standards used in recent projects to better understand the effectiveness improvements can be absorbed by development of the City’s expedited review process. Based on a complete analysis, the City may need to add projects. or revise programs to address constraints on local processing and permit procedures.
On/Off-Site Improvements: As mentioned in HCDs previous letter, the element must identify subdivision-level improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width) and analyze their impact as potential constraints on housing supply and following: HUD's study of Subdivision Expanded the analysis of on/off site improvement Chapter 4: Housing Constraints; 4.2 standards including discussions regarding the Governmental Constraints, On/Off-Site Improvement Standards
affordability. Requirements, City regulations in accordance with Title 16 (Building Code) and Title 18 (Zoning Code),
and Title 18 (Zoning Code) examples of on-site and
off-site improvements, when on and off site
improvements are typically implemented in the
City, Street improvements and regulations under
Subdivision Ordinance, Section 21.20.240, and
public improvement standards and how these
standards typically compare to nearby jurisdictions.
Local Ordinances: The element now analyzes the City’s Inclusionary Housing ordinance, Tree ordinance, Short Term Rental ordinance, and Retail Perseveration ordinance (RPO). However, the element must provide additional analysis on the City’s RPO and Tree ordinance. Specifically, further refined to waive its applicability to sites how units that are not exempt from the RPO (along California Avenue) will develop. In addition, listed in the Site Inventory except for 21 sites Discussion regarding Program 3.4 (HIP), which
requires the retail preservation requirement be
Chapter 4: Housing Constraints; 4.2
Governmental Constraints, Design Guidelines
and Objective Design Standards
the element mentions the Tree ordinance has been identified as a potential constraint on Accessory Dwelling Units (ADUs). Given this finding, the element must analyze this ordinance as nodes along El Camino Real. Additionally, Program a potential 3.4 requires a reduction to the amount of retail or located within the strategic retails/pedestrian
constraint on a variety of housing types. Finally, the element mentions the City’s Tree ordinance retail-like floor area that must be replaced. will not apply to state mandated ADUs. The element should be revised to include this language Added discussion on the Tree Protection Ordinance in a program with a specific date of completion early in the planning period. including recent changes the City made in June 2023 to codify the Tree Protection Ordinance to be
exempt State-mandated ADUs from the ordinance.
Furthermore, the City is preparing amendments to
the Ordinance to provide more flexibility in how
tree protection requirements can be mitigated.
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HCD Comment, by Chapter City Response to Comment Chapter/Section Ch. 5: Housing Plan
1. Include a program which sets forth a schedule of actions during the planning period, each with Actions were expanded out across all programs a timeline for implementation, which may recognize that certain programs are ongoing, such Chapter 5: Housing Plan;
including revising timelines so that implementation Program 2.1 (Affordable Housing that there will be beneficial impacts of the programs within the planning period, that the local phases were more defined and finalization dates Development) government is undertaking or intends to undertake to implement the policies and achieve the were included. Dates are focused on the first half Program 3.1 (Fee Waivers and Adjustments), goals and objectives of the Housing Element... (Gov. Code,§ 65583, subd. (c).) of the planning period where feasible.
Verbiage in programs have been adjected to be
more actionable, for example, language such as
Program 3.2 (Monitor Constraints to
Housing),
Program 3.4 (Housing Incentive ProgramAs mentioned in HCDs previous letter, programs must have a specific commitment to housing outcomes and deliverables. While the element revised several programs, many programs include conducting a “study” prior to additional program commitment. HCD recognizes that program implementation may require a study; however, the element must make firm commitment to program outcomes upon the completion of the study or identify additional "study" or "consider" were changed to be definitive (HIP)), commitments with more precise timelines. All
programs listed in this comment were revised to
establish more definitive action items, further
Program 3.5 (Accessory Dwelling Unit (ADU)
Facilitation)
Program 3.6 (Expedited Project Review),
Program 6.3 (Middle Housing Program),
Program 6.5 (Alternative Housing), Program
6.6 (Fair Housing)
programmatic goals or actions that lead to housing outcomes. Programs to revise may include explain commitments where needed, and but are not limited to the following: Program 1.6 (Lot Consolidation) Program 2.1 (Affordable Housing Development) Program 3.1 (Fee Waivers and Adjustments) Program 3.4 (Housing Incentive Program (HIP)) Program 3.5 (Accessory Dwelling Unit (ADU) Facilitation) Program 3.6 (Expedited Project Review) 4.2 (Housing and Neighborhood Preservations) Program 6.2 (Family Housing and Large Units) Program 6.5 (Alternative Housing) Program 6.6 (Fair Housing) timeframes were revised to be earlier in the
planning process with very concise timeframes.
Finally, Programs (1.3), (1.5), (1.6), (2.1), (3.3), (3.4), (3.5), (3.6), (6.3), (6.5) and (6.6) will need to be revised with either refined commitment or timing. HCD will provide additional guidance under a separate cover.
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HCD Comment, by Chapter City Response to Comment Chapter/Section
2. Identify actions that will be taken to make sites available during the planning period with Additional action items were added where Chapter 5: Housing Plan; appropriate zoning and development standards and with services and facilities to accommodate applicable to identify the availability of sites with Program 1.1 Adequate Sites Program, that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobile homes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) appropriate zoning and development standards as Program 1.4 City-Owned Land Lots, well as access to services and facilities. An example Program 6.2: Family Housing and Large Units of this includes Program 1.1 where a discussion of
the El Camino Real focus area was included to
showcase available sites with access to services
and facilities while also accommodating affordable
housing. Upon completion of the site inventory,
programs were refined where applicable to reflect
any new updates to unit numbers, zone changes
etc.As noted in Finding A2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
Verbiage was added to comply with the Surplus
Land Act by using the streamlined provisions for
affordable housing dispositions under Government
Code Section 37364.
In addition, Program 1.4: (City-Owned Land Lots) should clarify that all City-Owned sites will comply with Surplus Land Act (SLA). In addition, and as mentioned in HCDs previous letter, the element will need to commit to numerical objectives, including affordability, aligned with assumptions in the inventory, and a schedule of actions to facilitate development. A schedule of actions may include coordination with appropriate entities, including potential developers, disposition of the land, zoning, funding, facilitating other entitlements, and issuing permits.
Finally, this program should identify and make alternative sites with zoning of equivalent capacity and density by a specified date if sites are not made available by a date early in the planning period.
3. Address and, where appropriate and legally possible, remove governmental and Programs were revised to comprehensively reduce Chapter 5: Housing Plan; nongovernmental constraints to the maintenance, improvement, and development of housing, impact fees by completing and implementing including housing for all income levels and housing for persons with disabilities. The program economic studies to convert existing development Program 2.1 (Affordable Housing) Program 3.1 (Fee Waivers and Adjustments),
shall remove constraints to, and provide reasonable accommodations for housing designed for, impact fees that are applied on a per unit basis to a intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, per square foot basis for all types of housing § 65583, subd. (c)(3).) including housing for persons with special needs.
Program 2.1 was revised to commit to reducing
impact fees and promote affordable housing.
Additional constraints such as processing timelines
and streamlining were revised to expedite project
application processes with an emphasis on
As noted in Finding A3, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:
• Program 3.4 (Program 3.1 Fee Waivers and Adjustments): The Program should specifically commit to reducing impact fees comprehensively and not limit the scope of the program to park affordable housing. fees.
• Program 6.5 (Alternative housing): The Program should commit to actively mitigating costs related to impact fees on alternative housing.
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HCD Comment, by Chapter City Response to Comment Chapter/Section
4. Promote and affirmatively further fair housing opportunities and promote housing throughout Timelines were revised to focus the Chapter 5: Housing Plan; Program 1.4 (City- the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov.
Code, § 65583, subd. (c)(5).)
implementation of program objectives within the Owned Land Lots), Program 1.6 (Lot first half of the planning period in order for Consolidation), Program 2.1 (Affordable programs to be more effective for identified target Housing Development), Program 3.5 audiences. Furthermore, Program 6, Fair Housing (Accessory Dwelling Unit Facilitation), was revised to contain firmer commitments with Program 3.7 (Conversion of Commercial UsesAs noted in Finding A1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. Actions the objective of being more effective for targeted to Mixed Use Development), Program 4.1 must have specific commitment, milestones, geographic targeting and metrics or numeric objectives and, as appropriate; must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place based strategies for community preservation and revitalization, and displacement
communities identified in the Assessment of Fair (Replacement Housing), Program 4.2 Housing. (Housing and Neighborhood Preservation),
Program 5.1 (Preservation of At-Risk
Housing), Program 5.2 (Funding
protection. Opportunities), Program 6.1 (Housing for
Person with Special Needs), Program 6.2
(Family Housing and Large Units), Program
6.3 (Middle Housing Program), Program 6.4
(Homeless Program), Program 6.5
(Alternative Housing) and Program 6.6 (Fair
Housing).
Programs requiring revisions include but are not limited to the following, Program 1.4 (City- Owned Land Lots) Program 1.6 (Lot Consolidation) Program 2.1 (Affordable Housing Development) Program 3.5 (Accessory Dwelling Unit Facilitation) Program 3.7 (Conversion of Commercial Uses to Mixed Use Development) Program 4.1 (Replacement Housing) Program 4.2 (Housing and Neighborhood Preservation) Program 5.1 (Preservation of At-Risk Housing) Program 5.2 (Funding Opportunities) Program 6.1 (Housing for Person with Special Needs) Program 6.2 (Family Housing and Large Units) Program 6.3 (Missing Middle) Program 6.4 (Homeless Program) Program 6.5 (Alternative Housing) and Program 6.6 (Fair Housing). Finally, based on a
complete analysis, additional program and policy action may need to be included.
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Table A: Changes to Housing Element Sites Inventory (May 2023 vs April 2024) – Multifamily Housing Allowed Status Site Address/Intersection
Assessor
Parcel
Number
General
Plan
Designation
Zoning
Designation
Parcel
Size
(Acres)
Lower Income
Capacity
Moderate
Income Capacity
Above Moderate
Income Capacity
Total
Capacity
DELETED 435 TASSO ST 120-03-025 CC CD-C (P) 0.33 0 10 0 10 ADDED 3200 PARK BLVD. 132-32-042 MF RM-30 0.28 0 11 10 21 ADDED 3200 PARK BLVD. 132-32-036 LI GM 0.17 0 1 6 7
ADDED 3200 PARK BLVD. 132-32-043 MF RM-30 1.38 0 8 18 26 ADDED 486 HAMILTON AVE 120-16-008 CC CD-C (P) 0.12 0 0 4 4 ADDED 231 GRANT AVE. 132-31-074 MISP PF 1.39 17 50 43 110 ADDED 660-680 UNIVERSITY AV, 511 BYRON ST. 120-03-042 MF RM-15 0.14 5 0 11 16 ADDED 660-680 UNIVERSITY AV, 511 BYRON ST. 120-03-043 MF RM-15 0.15 5 0 11 16 ADDED 660-680 UNIVERSITY AV, 511 BYRON ST. 120-03-044 MF RM-15 0.3 10 0 23 33 ADDED 739 SUTTER AVE 127-35-200 MF RM-15 0.38 0 0 4 4
ADDED 525 E. CHARLESTON RD. 132-06-039 MISP PF 0.78 50 0 0 50 ADDED 800 and 808 SAN ANTONIO RD 147-03-038 CS CS 0.43 0 8 29 37 ADDED 800 and 808 SAN ANTONIO RD 147-03-043 CS CS 0.45 0 8 31 39 ADDED 420 ACACIA AV. 132-38-072 MF RM-30 1.3 2 0 14 16
ADDED 702 CLARA DR 127-35-023 MF RM-15 0.3 0 0 0 0
ADDED 3128, 3150-3160 EL CAMINO REAL 142-20-035 CS CS 1.19 36 0 143 179 ADDED 3128, 3150-3160 EL CAMINO REAL 142-20-054 CS CS 0.75 23 0 90 113 ADDED 3128, 3150-3160 EL CAMINO REAL 142-20-055 CS CS 0.29 9 0 35 44 ADDED 3128, 3150-3160 EL CAMINO REAL 142-20-079 CS CS 0.19 6 0 23 29 ADDED 3128, 3150-3160 EL CAMINO REAL 142-20-080 CS CS 0.11 3 0 13 16 ADDED 300 LAMBERT AV 132-37-075 CS CS 0.32 0 0 45 45
Table B: Changes to Housing Element Sites Inventory (May 2023 vs April 2024) – Rezoned to Accommodate Shortfall Housing Need Status Site Address/Intersection
Assessor
Parcel
Number
General
Plan
Designation
Zoning
Designation
Parcel
Size
(Acres)
Very Low-
Income
Low-
Income
Moderate-
Income
Above
Moderate-
Income
Total
Capacity
DELETED 320 SAN ANTONIO RD 147-09-069 MF;RO RM-30 0.76 8 9 0 7 24 DELETED 530 LYTTON AV 120-03-070 CC CD-C 0.67 7 8 0 6 21 DELETED 3040 PARK BL 132-32-036 LI GM 0.17 0 0 0 6 6
DELETED PARK BL 132-32-042 MF RM-30 0.28 0 0 8 0 8
DELETED PARK BL 132-32-043 MF RM-30 1.38 15 16 0 13 44
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Status Site Address/Intersection
Assessor
Parcel
Number
General
Plan
Designation
Zoning
Designation
Parcel
Size
(Acres)
Very Low-
Income
Low-
Income
Moderate-
Income
Above
Moderate-
Income
Total
Capacity
DELETED NITA AV 147-09-056 RO ROLM 1.25 18 18 0 14 50
DELETED 4113 EL CAMINO REAL 132-46-116 CN CN 0.21 0 0 0 6 6 DELETED MAYBELL AV 137-24-045 CN RM-20 0.56 4 4 0 3 11
DELETED 4170 EL CAMINO REAL 137-24-046 CS CS 1.01 11 12 0 10 33 DELETED 1066 E MEADOW CIR 127-10-050 RO ROLM 2.15 52 53 0 45 150 DELETED 1053 E MEADOW CIR 127-10-081 RO ROLM 1.6 39 39 0 34 112 DELETED 1036 E MEADOW CIR 127-10-094 RO ROLM 3.06 75 75 0 64 214 DELETED 3128 EL CAMINO REAL 142-20-035 CS CS 1 0 0 0 140 140 DELETED 3128 EL CAMINO REAL 142-20-079 CS CS 0.11 0 0 0 2 2 DELETED 3128 EL CAMINO REAL 142-20-080 CS CS 0.12 0 0 0 2 2 DELETED 550 HAMILTON AV 120-04-005 CC PC 1.32 14 15 13 0 42 DELETED 980 MIDDLEFIELD RD 120-05-077 MF PC 0.51 5 6 5 0 16 DELETED 300 LAMBERT AV 132-38-061 CS CS 0.33 0 0 10 0 10 DELETED 3150 EL CAMINO REAL 142-20-054 CS CS 0.75 8 9 7 0 24 DELETED 808-814 SAN ANTONIO RD 147-03-043 CS CS 0.44 0 0 0 7 7 DELETED 330 BRYANT ST 120-65-002 MF RM-30 0.13 0 0 0 3 3 DELETED 305 LYTTON AV 120-14-101 CC CD-C 0.23 0 0 0 7 7 MODIFIED PASTEUR DRIVE + 1100 WELCH RD 142-03-038 RO RM-40 4.2 0 0 0 159 212 158 MODIFIED PASTEUR DRIVE + 1100 WELCH RD 142-05-032 RO RM-40 4.2 0 0 0 158 213 159 MODIFIED 4224 EL CAMINO REAL 167-08-037 CS CS 0.63 7 7 0 4 20 18 ADDED 3398, 3400, 3490 EL CAMINO REAL 137-08-072 CS CS 3.6 15 15 0 120 115 ADDED 4015, 4017 FABIAN WAY 127-15-048 LI GM 0.34 0 0 23 0 23 ADDED 3977 FABIAN WAY 127-37-004 LI GM 0.38 0 0 26 0 26 ADDED 3963 FABIAN WAY 127-37-006 LI GM 0.41 0 0 28 0 28 ADDED 3997 FABIAN WY 127-37-003 LI GM 0.28 0 0 19 0 19
ADDED 2100-2200 GENG ROAD 008-02-035 RO ROLM (E)(D)(AD) 5.5 0 0 175 0 175 ADDED 3265 EL CAMINO REAL 132-38-020 CS CS 0.17 0 0 0 44 44 ADDED 3305 EL CAMINO REAL 132-39-059 CS CS 0.52 6 6 0 4 16 ADDED 960 SAN ANTONIO RD 147-01-106 LI GM 0.69 19 19 0 10 48 ADDED 3160 W BAYSHORE RD 127-36-030 RO ROLM 3.2 90 89 0 45 224 Item 13
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Technical Memorandum
Date: December 21, 2023
To: Ms. Karly Kaufman, Rincon Consultants, Inc.
From: At van den Hout
Subject: Palo Alto Housing Element: Impact on Level of Service, Transit, Bike, and Pedestrian Travel
Introduction
Hexagon Transportation Consultants, Inc. has completed an analysis to evaluate the transportation impact of the Palo Alto Housing Element Update on intersection level of service (LOS) and on transit-, bicycle-, and pedestrian travel. The proposed Housing Element would amend the City of Palo Alto’s 2030 Comprehensive Plan by replacing the current Housing Element with the proposed 2023-2031 Housing Element. In addition to evaluating these metrics for the Housing Element, these measurements for Scenario 6 of the City’s Comprehensive Plan were also analyzed.
Intersection Level of Service
The same intersections included in the transportation section of the Comprehensive Plan were studied. The intersections were evaluated by generating turning movement volumes with the updated Palo Alto Travel Forecasting Model (Palo Alto model) and then using those volumes in the TRAFFIX software to determine the intersection’s LOS under each scenario. Intersection LOS was analyzed for the following scenarios:
• Existing Conditions: This scenario presents the same existing traffic conditions reported in the Palo Alto Comprehensive Plan Update: Analysis of Additional Scenarios, dated January 23, 2017. • Comprehensive Plan (2030) Conditions: This scenario includes the proposed land uses assumed for Scenario 6 reported in Palo Alto Comprehensive Plan Update: Analysis of Additional Scenarios, dated January 23, 2017. The traffic volumes were developed with the old Palo Alto Model created in 2013. Scenario 6 contains 6,000 additional housing units and 8,868 new jobs. • Comprehensive Plan (2031) Conditions: This scenario also includes the proposed land uses assumed for Scenario 6 of Palo Alto’s Comprehensive Plan. The traffic volumes were developed with the updated Palo Alto Model created in 2023. Scenario 6 contains the same 6,000 additional housing units and 8,868 new jobs.
• Housing Element (2031) Conditions: This scenario includes the proposed land uses assumed in the 2023-2031 Housing Element. The Housing Element has 6,860 additional housing units. The housing opportunity sites include approximately 500,000 square feet of existing commercial development that would be demolished and replaced with new housing. The 500,000 square feet of commercial development, which is equivalent to about 1,643 jobs, were removed from the land use database, resulting in a net increase of 7,225 new jobs.
Study Intersections
The 18 intersections included in the analysis are listed below and shown on Figure 1. These intersections were selected by City staff as a reasonable representation of Palo Alto’s road network by incorporating major streets in different parts of the city.
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Alma St
Bryant St
Cowper St
El Camino Real
Page Mill Rd
Park Blvd
Oregon Expy
Foothill Expy
Middlefield Rd
Stanford Ave
San Antonio Rd
University Ave
Junipero Serra Blvd
E Bayshore Rd
Ramona St
Loma Verde Ave
E Charleston Rd
Embarcadero Rd
Palm Dr
Hanover St
E Meadow Dr
Colorado Ave
Arastradero Rd
Sand Hill Rd
S California Ave
Channing Ave
Los Robles Ave
Mountain View
Palo
Alto
Menlo Park
18 17
12 10
9 1
8 7
4 3
2 6
16 5
15 13
11 14
280
101
82 X = Study Intersection
LEGEND
Palo Alto Housing Element
Figure 1
Study Intersections
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1. I-280 Northbound Off-Ramp and Sand Hill Road (Menlo Park)
2. Middlefield Road and Charleston Road
3. Middlefield Road and San Antonio Road (CMP)
4. Alma Street and Charleston Road
5. El Camino Real (SR 82) and Embarcadero Road/Galvez Road (CMP)
6. El Camino Real (SR 82) and Page Mill Road/Oregon Expressway (CMP)
7. El Camino Real (SR 82) and Arastradero Road/Charleston Road (CMP)
8. El Camino Real (SR 82) and San Antonio Road (CMP; Mountain View)
9. Foothill Expressway/Junipero Serra Boulevard and Page Mill Road (CMP)
10. Foothill Expressway and Arastradero Road (CMP)
11. El Camino Real (SR 82) and Sand Hill Road/Alma Street (CMP)
12. Charleston Road and San Antonio Avenue (CMP)
13. University Avenue & El Camino Real, northbound ramps (CMP)
14. University Avenue/Palm Drive & El Camino Real, southbound ramps (CMP)
15. Middlefield Road and University Avenue
16. Middlefield Road and Embarcadero Road
17. Middlefield Road and Oregon Expressway (CMP)
18. Embarcadero Road and East Bayshore Road
Traffic conditions at the study intersections were analyzed for the weekday AM and PM peak hours of traffic. The AM peak hour of traffic is generally between 7:00 and 9:00 AM, and the PM peak hour is typically between 4:00 and 6:00 PM. It is during these periods that the most congested traffic conditions occur on an average day.
Vehicle Level of Service (LOS) is a qualitative description of operating conditions ranging from LOS A, or free-flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. The VTA CMP guidelines dictate using the 2000 Highway Capacity Manual (HCM) methodology to analyze intersections. Palo Alto uses the same process for its intersections. The 2000 HCM operations method evaluates signalized intersection operations on the basis of average control delay time for all vehicles at the intersection. This method is applied using the TRAFFIX software. Since TRAFFIX is also the CMP-designated intersection level of service evaluation software, the City of Palo Alto employs the CMP default values for the analysis parameters.
The City of Palo Alto’s LOS standard for signalized non-CMP intersections is LOS D or better. For CMP intersections, the City’s standard is LOS E or better. The LOS definitions for signalized intersections are shown in Table 1. Levels of Service D and E are typical at intersections in many urban areas where a high volume of vehicles pass through an intersection physically constrained by adjacent existing structures.
City of Palo Alto Definition of Adverse Intersection Operational Effects Adverse operational effects on signalized intersections are based on the City of Palo Alto and CMP level of service standards. According to the City of Palo Alto and CMP level of service standards, a development is said to create an adverse operational effect on traffic conditions at a signalized intersection if for either peak hour, one of the following conditions occurs:
1. The level of service at the intersection drops below its respective level of service standard (LOS D or better for local intersections and LOS E or better for CMP intersections) when project traffic is added, or
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2. An intersection that operates below its level of service standard under no-project conditions experiences an increase in critical-movement delay of four (4) or more seconds, and an increase in critical volume-to-capacity ratio (v/c) of one percent (0.01) or more when project traffic is added.
The exception to this threshold is when the addition of project traffic reduces the amount of average control delay for critical movements. In this case, the threshold is when the project increases the critical v/c value by 0.01 or more.
City of Menlo Park Definition of Adverse Intersection Operational Effects The intersection of I-280 Northbound Off-Ramp and Sand Hill Road (#1) is located in Menlo Park.
The following thresholds are from the City of Menlo Park’s TIA Guidelines, and compliance with local policies was evaluated based on these thresholds.
1. A project is considered potentially noncompliant with local policies if the addition of project traffic causes an intersection on a collector street operating at LOS “A” through “C” to operate at an unacceptable level (LOS “D,” “E” or “F”) or have an increase of 23 seconds or greater in average vehicle delay, whichever comes first. Potential noncompliance shall also include a project that causes an intersection on arterial streets or local approaches to State controlled signalized intersections operating at LOS “A” through “D” to operate at an unacceptable level (LOS “E” or “F”) or have an increase of 23 seconds or greater in average vehicle delay, whichever comes first.
2. A project is also considered potentially non-compliant if the addition of project traffic causes an increase of more than 0.8 seconds of average delay to vehicles on all critical movements for intersections operating at a near-term LOS “D” through “F” for collector streets and at a near-term LOS “E” or “F” for arterial streets. For local approaches to State controlled signalized intersections, a project is considered to be potentially non-compliant if the addition of project traffic causes an increase of more than 0.8 seconds of delay to vehicles on the most critical movements for intersections operating at a near-term LOS “E” or “F.”
For signalized intersections involving two state routes, the proposed project is considered potentially non- compliant with local policies if for any peak hour:
1. The level of service degrades from an acceptable LOS D or better under existing conditions to an unacceptable LOS E or F under existing plus project conditions, and the average delay per vehicle increases by four seconds or more, or
2. The level of service is an unacceptable LOS E or F under existing conditions, and the addition of project trips causes an increase in the average control delay at the intersection by four seconds or more.
City of Mountain View Definition of Adverse Intersection Operational Effects The intersection of El Camino Real (SR 82) and San Antonio Road is located in Mountain View (#8). Adverse operational effects at signalized intersections are based on the City of Mountain View’s level of service standards. A development is said to create an adverse operational effect on traffic conditions at a signalized intersection if for either peak hour, one of the following conditions occurs:
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1. The level of service at the intersection drops below its respective level of service standard (LOS D or better for all local intersections and LOS E or better for CMP and expressway intersections) when project traffic is added, or
2. An intersection that operates below its level of service standard under no-project conditions experiences an increase in critical-movement delay of four (4) or more seconds, and an increase in critical volume-to-capacity ratio (v/c) of one percent (0.01) or more when project traffic is added.
The exception to this threshold is when the addition of project traffic reduces the amount of average control delay for critical movements, i.e., the change in average control delay for critical movements is negative. In this case, the threshold is when the project increases the critical v/c value by 0.01 or more.
Table 1
Signalized Intersection Level of Service Definitions Based on Average Control Delay
Source: Transportation Research Board, 2000 Highway Capacity Manual (Washington, D.C., 2000), p.10-16.
Level of
Service Description
Average Control
Delay Per
Vehicle (sec.)
Signal progression is extremely favorable. Most vehicles arrive during the green phase and do not stop at all. Short cycle lengths may also contribute to the very low vehicle delay.
10.0 or lessA
B
Operations characterized by good signal progression and/or short cycle lengths. More vehicles stop than with LOS A, causing higher levels of average vehicle delay.
10.1 to 20.0
Higher delays may result from fair signal progression and/or longer cycle lengths. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant, though some vehicles may still pass through the intersection without stopping.
20.1 to 35.0C
This level of delay is considered unacceptable by most drivers. This condition often occurs with oversaturation, that is, when arrival flow rates exceed the capacity of the intersection. Poor progression and long cycle lengths may also be major contributing causes of such delay levels. greater than 80.0F
The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable signal progression, long cycle lengths, or high volume-to-capacity (V/C) ratios. Many vehicles stop and individual cycle failures are noticeable.
35.1 to 55.0D
This is considered to be the limit of acceptable delay. These high delay values generally indicate poor signal progression, long cycle lengths, and high volume-to-capacity (V/C) ratios. Individual cycle failures occur frequently.
55.1 to 80.0E
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Intersection Level of Service Results
The results of the LOS analysis are summarized in Table 2. The Table shows the LOS results for the Existing, 2030 Comprehensive Plan (CP), 2031 Comprehensive Plan (CP), and the 2031 Housing Element Update (HEU). The level of service analysis under existing conditions shows that, relative to the city of Palo Alto and Santa Clara County Congestion Management Program (CMP) level of service standards, all intersections except the intersection of I-280 northbound ramps and Sand Hill Road (#1) are operating at acceptable levels of service. The intersection of I-280 NB Ramps/Sand Hill Road operates at LOS F, which is below the LOS standard, with 114.5 seconds of average delay during the AM peak hour. The intersection of Foothill Expressway and Page Mill Road (#9), which is a CMP intersection, operates at LOS F with 189.7 seconds of average delay during the PM peak period. This LOS F is below the Palo Alto and CMP standard.
Table 2
AM and PM Peak Hour Level of Service Results at Study Intersections
Avg. Avg. Avg. Avg.
Peak Delay Crit. Delay Crit. Delay Crit. Delay Crit.
# Intersection Hour (sec) LOS V/C (sec) LOS V/C (sec) LOS V/C (sec) LOS V/C 1 AM 114.5 F 1.269 162.4 F 1.454 141.1 F 1.376 142.0 F 1.379 PM 27.0 C 0.939 54.5 D 1.078 44.4 D 1.028 44.6 D 1.029
2 AM 47.6 D 0.660 49.0 D 0.701 52.7 D 0.848 51.8 D 0.844 PM 39.8 D 0.695 53.9 D 0.932 45.2 D 0.864 45.5 D 0.876
3 AM 48.9 D 0.668 49.1 D 0.727 52.4 D 0.808 52.8 D 0.814 PM 39.0 D 0.789 42.6 D 0.879 46.2 D 0.884 46.8 D 0.883
4 AM
PM
5 AM 46.1 D 0.729 57.7 E 0.908 52.0 D 0.849 52.8 D 0.871 PM 42.5 D 0.824 70.9 E 1.055 54.4 D 0.962 54.2 D 0.963
6 AM 62.7 E 0.819 67.6 E 0.880 72.8 E 0.956 71.7 E 0.948 PM 52.4 D 0.910 77.8 E 1.078 71.5 E 1.036 69.2 E 1.029
7 AM 35.3 D 0.663 37.5 D 0.756 43.3 D 0.880 43.7 D 0.888 PM 47.7 D 0.841 63.3 E 0.993 62.8 E 0.994 65.4 E 1.007
8 AM 40.5 D 0.768 48.9 D 0.905 49.8 D 0.933 50.8 D 0.942 PM 54.0 D 0.816 94.2 F 1.077 63.9 E 0.928 64.8 E 0.931
9 AM 55.7 E 0.909 69.7 E 0.993 69.6 E 0.994 69.6 E 0.995 PM 189.7 F 1.064 306.4 F 1.182 287.6 F 0.918 285.2 F 1.151 10 AM 48.7 D 0.276 51.1 D 0.481 50.8 D 0.463 50.7 D 0.463 PM 57.0 E 0.849 133.5 F 1.280 90.8 F 1.105 93.6 F 1.118 11 AM 22.7 C 0.452 23.0 C 0.534 23.2 C 0.509 23.5 C 0.510 PM 36.5 D 0.651 38.3 D 0.836 37.1 D 0.720 36.9 D 0.717
12 AM 48.4 D 0.729 51.3 D 0.814 55.4 E 0.843 55.9 E 0.857 PM 42.0 D 0.844 44.0 D 0.859 58.3 E 1.006 62.6 E 1.030
13 AM 22.5 C 0.666 34.0 C 0.887 24.5 C 0.755 23.7 C 0.732 PM 32.4 C 0.619 33.6 C 0.815 33.1 C 0.645 33.3 C 0.637
14 AM 20.9 C 0.424 19.2 B 0.534 21.7 C 0.483 22.1 C 0.483 PM 24.9 C 0.487 22.3 C 0.566 26.8 C 0.549 27.3 C 0.554
15 AM 27.0 C 0.609 29.5 C 0.746 34.0 C 0.767 33.9 C 0.763 PM 27.5 C 0.512 28.2 C 0.670 30.0 C 0.617 30.4 C 0.635
16 AM 50.3 D 0.583 62.9 E 0.828 67.5 E 0.852 65.5 E 0.835 PM 36.6 D 0.607 40.0 D 0.758 43.8 D 0.775 44.0 D 0.783
17 AM 42.8 D 0.754 57.9 E 0.899 74.3 E 1.054 78.4 E 1.075 PM 42.9 D 0.688 64.5 E 0.907 67.2 E 0.928 68.8 E 0.947
18 AM 31.6 C 0.682 56.4 E 0.929 31.0 C 0.739 31.4 C 0.767 PM 40.3 D 0.702 52.3 D 0.892 51.8 D 0.878 52.3 D 0.879
Notes:
* Denotes CMP intersection
BOLD indicates substandard level of service
BOLD indicates noncompliance based on thresholds in the City of Menlo Park's TIA Guidelines, or adverse operational effects according to Cities of Mountain View and Palo Alto level of service standards.
Existing
2030
Comprehensive
Plan (CP)
2031
Comprehensive
Plan (CP)
2031 Housing
Element Update
(HEU)
Embarcadero Rd & E. Bayshore Rd
San Antonio Rd & Charleston Rd *
El Camino Real NB Ramps & University Ave *
Middlefield Rd & Charleston Rd
Middlefield Rd & San Antonio Rd *
Alma St & Charleston Rd
El Camino Real & Embarcadero Rd/Galvez St *
El Camino Real & Page Mill Rd/Oregon Expy *
El Camino Real & Arastradero Rd/Charleston Rd *
This intersection is the subject of a separate study
El Camino Real & San Antonio Rd (Mtn View)*
Foothill Expy/Junipero Serra Blvd & Page Mill Rd *
Foothill Expy & Arastradero Rd *
El Camino Real & Alma St/Sand Hill Rd *
I-280 NB Off-Ramp & Sand Hill Rd (Menlo Park)
El Camino Real SB Ramp & University Ave/Palm Dr *
Middlefield Rd & University Ave
Middlefield Rd & Embarcadero Rd
Middlefield Rd & Oregon Expressway *
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Palo Alto Housing Element: Impact on Level of Service, Transit, Bike, and Pedestrian Travel December 21, 2023 P a g e | 7
As shown in Table 2, most intersections are projected to have longer average delays under future conditions than under Existing Conditions. Intersection traffic operations between the 2031 CP and the 2031 HEU are projected to be very similar, which was expected since the future development assumptions are similar. While the 2031 HEU includes 686 more housing units, it also assumes 500,000 square feet less commercial development. The 500,000 square feet of commercial development would be demolished and replaced with housing. Therefore, the 2031 HEU would generate more housing trips but fewer commercial trips. The following summarizes the number of intersections that would have a substandard LOS in at least one of the peak hours:
• Existing: 2 intersections
• 2030 Comp Plan: 6 intersections
• 2031 Comp Plan: 4 intersections
• 2031 HEU Plan: 4 intersections
Compared to the traffic analysis conducted for the 2030 Comprehensive Plan, based on the new forecasts, the El Camino Real (SR 82) and San Antonio Road (#8) and the intersection of Embarcadero Road and East Bayshore Road (#18) would no longer cause an adverse operational effect on traffic conditions under the 2031 Comprehensive Plan and 2031 HEU scenario. These intersections would continue to operate at acceptable conditions. The following Intersections would have an adverse operational effect on traffic conditions in all future scenarios during at least one peak hour.
• I-280 Northbound Off-Ramp and Sand Hill Road (#1)
• Foothill Expressway/Junipero Serra Boulevard and Page Mill Road (CMP) (#9) • Foothill Expressway and Arastradero Road (CMP) (#10)
• Middlefield Road and Embarcadero Road (#16)
The City of Palo Alto’s 2030 Comprehensive Plan identified mitigation measures to improve traffic operations at these intersections. These transportation improvements were found to be unfeasible, and the impacts were determined to be significant and unavoidable. However, some mitigation measures included in the Comprehensive Plan Update that could not be addressed with the Palo Alto model would help in reducing the traffic impact for the identified intersections.
Impact on Transit Ridership
The Palo Alto model was used to forecast transit trips under existing conditions and under each future scenario. Table 3 presents the number of boardings made on different transit service providers and the number of transit trips that begin and/or end in Palo Alto, i.e., trips entirely within Palo Alto, trips that start in Palo Alto and end in another jurisdiction, and trips that begin in another jurisdiction and end in Palo Alto.
The table shows that the total transit boardings for the 2031 Comprehensive Plan and the 2031 HEU are projected to be 8,690 and 9,126 fewer than the boardings forecasted for the 2030 Comprehensive Plan, respectively. These changes in future transit ridership are attributable to several factors, primarily the updates made to the Palo Alto model and also revisions to the regional land use and demographic forecasts made by ABAG, resulting in different travel patterns and changes in the mode of travel.
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Table 3
Existing (2015) and Future Daily Transit Boardings, Trips To, From, and Within Palo Alto
The 2030 Comprehensive Plan concluded that none of the future scenarios would increase demand beyond the current or planned capacity of the transit network. Since transit ridership for the 2031 HEU and for the 2031 Comprehensive Plan is less than for the 2030 Comprehensive Plan, the 2031 HEU would not cause a potential impact related to the transit system.
Impact on Bicycle and Pedestrian Travel
Mode share refers to the percentage of trips made by each of the primary modes of transportation: Driving Alone, Shared Ride, Taking Transit, Bicycling, and Walking. The Palo Alto model calculates the mode split based on input factors taken from survey data or other sources that have been validated. Table 4 presents the total number of daily person trips made in Palo Alto under existing conditions and under each of the planning scenarios. The table includes all trips beginning and/or ending in Palo Alto, i.e., trips that start and end in Palo Alto, trips that begin in Palo Alto and end in another jurisdiction, and trips that start in another jurisdiction and end in Palo Alto.
Table 4
Mode Share for Palo Alto Daily Person Trips
Transit Service 2015
Existing
2030
Comprehensive
Plan
2031
Comprehensive
Plan
2031
Housing
Element
CalTrain 12,767 24,061 22,928 23,066
VTA Bus 6,700 17,151 13,056 13,645
VTA LRT 610 1,958 1,733 1,875
SamTrans 2,056 5,188 3,736 3,525
Stanford Shuttles 7,418 10,628 13,686 13,298
CalTrain Shuttles 3,477 7,231 8,027 8,142
Palo Alto Shuttles 1 1,937 3,519 - -
BART, Muni and Other 5,199 9,900 7,344 7,395
Total 40,164 79,636 70,510 70,946
Transit Trips 25,478 50,560 42,851 42,339
Boardings/Trip 1.58 1.58 1.65 1.68
1 Palo Alto shuttle service was discontinued in 2020.
Mode Trips % Share Trips % Share Trips % Share Trips % Share Drive Alone 324,513 58.7% 379,739 58.5% 357,039 56.1% 360,774 56.3% Shared Ride 130,437 23.6% 142,710 22.0% 148,056 23.3% 151,628 23.6% Transit 25,478 4.6% 50,560 7.8% 42,851 6.7% 42,339 6.6% Bike 26,717 4.8% 20,927 3.2% 33,278 5.2% 32,876 5.1%
Walk 45,535 8.2% 55,537 8.6% 55,288 8.7% 53,655 8.4%
TOTAL 552,680 100.0% 649,474 100.0% 636,512 100.0% 641,273 100.0% 2031 HEU2031 CompExisting 2030 Comp
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The table shows slightly lower drive-alone and transit mode shares, but higher shared-ride shares for the 2031 Comprehensive Plan and the 2031 HEU compared to the 2030 Comprehensive Plan. The model estimated a significant increase in bike mode shares compared to the 2030 Comprehensive Plan. This increase is primarily caused by the updates made to the Palo Alto model, which was recalibrated against more recent data that showed higher bicycle travel within the City of Palo Alto. Note that the walk and bike mode shares for the 2031 HEU are slightly lower than for the 2031 Comprehensive Plan because most of the residential growth of the Comprehensive Plan is planned in the downtown area and along El Camino Real, while most of the HEU development is located near US-101, which is further away from complementary land uses such as shopping, dining, and socializing, and that area has poorer access to transit service and bike facilities.
The Comprehensive Plan concluded that none of the scenarios would impede the development or function of planned pedestrian or bicycle facilities and that it assumed the implementation of all improvements included in the City’s Bicycle + Pedestrian Transportation Plan. Although the model showed that the 2031 HEU would increase the number of bicycle trips by about 11,950 (or 57 percent) compared to the 2030 Comprehensive Plan, the HEU would not create more demand than could be met by existing or planned facilities. Planned infrastructure improvements such as upgrades to existing grade-separated Caltrain crossings at California Avenue and University Avenue to improve pedestrian and bicycle facilities, as well as a new pedestrian/bicycle, grade-separated Caltrain crossing in South Palo Alto and grade separation of all Caltrain crossings, would improve the quality and safety of bicycle and pedestrian travel significantly. In addition, the City would continue to implement its adopted Bicycle + Pedestrian Transportation Plan, and concept area plans in the California Avenue area would guide new bicycle and pedestrian improvements.
Bicycle and pedestrian facilities will continue to be upgraded to current accessibility and design standards in accordance with policies in the Bicycle + Pedestrian Transportation Plan and in the Comprehensive Plan Update.
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Administrative Services
Meeting Date: April 15, 2024
Report #:2311-2227
TITLE
Semi-annual Reports of Contracts Awarded by the City Manager, Procurement Officer or Other Designated Employees
RECOMMENDATION
This is an informal report, no action is required
DISCUSSION
Palo Alto Municipal Code (PAMC) Section 2.30.710(a) requires the City Manager to provide a semi-annual report to Council consisting of contracts awarded by the City Manager, Procurement Officer or other designated employees for:
1. Goods contracts $85,000 through $250,000 per year (Attachment A), and
2. Professional and General Services $25,000 through $85,000 and Public Works Contracts $85,000 through $250,000 per year (Attachment B).
The contracts in Attachment A consist of thirteen (13) distinct awards for goods, and the contracts in Attachment B consist of eighty-five (85) distinct awards for a wide range of services.
These awards are a core element of the efficient and effective provision of services by the City to our community and reflect extensive coordination and prudent decision-making among operating departments, the Administrative Services Department, the City Attorney's Office, and City Clerk's Office.
For informational purposes, Attachment C provides excerpts from the PAMC that set forth the authority designated by Council to the Procurement Officer to award and sign contracts (PAMC
2.30.200) and City Manager to award and sign contracts (PAMC 2.30.210).
ENVIRONMENTAL REVIEW
This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably Item 14
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foreseeable indirect physical change in the environment.
ATTACHMENTS
Attachment A: Goods Contracts Awarded $85,000 through $250,000 per year Attachment B: Professional and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year
Attachment C: Excerpts from the Palo Alto Municipal Code APPROVED BY:
Lauren Lai, Director Administrative Services
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ATTACHMENT A
Goods Contracts Awarded $85,000 through $250,000 per year July 1, 2023 through December 31,2023
Contract Awarded To Award Date Award
Amount
Bidding Exemption or
Number of Bids
Sent/Received
*PAMC 2.30.360
Description
ANDRITZ SEPARATION INC 08/14/2023 $113,478.23 2.30.360 (d) Equipment for Sludge Dewatering Facility- various roll bearing Assembly and freight.
DC FROST ASSOCIATES INC 10/24/2023 $99,153.81 2.30.360 (d) Flight and Filler Blocks for Primary Sedition Tanks
EVC 09/20/2023 $162,553.24 138/1 Airport ZEV - 7 Passenger Vehicle GOLDEN GATE SYSTEMS 08/21/2023 $187,837.05 2.30.360(j) FY24 Computer Replacement- Dynabook Portege and HP Support
LN CURTIS & SONS 09/20/2023 $50,000.00 2.30.360(j) FF protective materials & equipment MINSAIT ACS INC. 07/31/2023 $160,000.00 2.30.360(d) ACS Products - Year 2 of 3 OLIN FINANCE COMPANY LLC 07/03/2023 $250,000.00 10/2 Bulk Sodium Hypochlorite OPTIV SECURITY INC 08/09/2023 $159,322.51 2.30.360(j) Varonis Systems: Professional Services and Subscription Services
PB LOADER CORPORATION 07/13/2023 $194,148.07 2.30.360(j) Isuzu 7 Yd Dump Truck R&B COMPANY 07/24/2023 $105,000.00 2.30.360(d) Pipes, Valves & Fittings SAN LEANDRO CHRYSLER DODGE JEEP RAM 10/05/2023 $217,936.02 2.30.360 (d) Four (4) new 2024 Dodge Durango Pursuit Vehicles
STELLA-JONES CORPORATION 11/17/2023 $234,948.71 2529/2 Wood Poles 50 Ft Class 1 TRAYER ENGINEERING CORP 07/11/2023 $225,000.00 2.30.360(b2) 4 Way submersible switch and stand *PAMC 2.30.360
https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-61990