AMENDMENT NO. 2 TO CONTRACT NO. C19173035
BETWEEN THE CITY OF PALO ALTO AND
TEAM SHEEPER INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C19173035 (the “Contract” as defined below) is entered into as of October 21, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TEAM SHEEPER INC. , a California Corporation, located at 501 Laurel Street, Menlo Park, Ca 94025 (“CONTRACTOR”). CITY and CONTRACTOR are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. T he Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing aquatic services for the City of Palo Alto offered at Rinconada Pool, as detailed therein.
B. T he Parties now wish to amend the Contract in order to (1) exercise renewal option of five years by extending the contract term end date from December 31, 2024 to December 31, 2029; (2) update scope of work ; (3) update schedule of performance ; (4) update payment plan; and (5) update pricing, 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. C19173035 between CONSULTANT and CITY, dated November 26, 2018 as amended by:
Amendment No.1, dated March 6, 2023
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 3 entitled “TERM” of the Contract is hereb y amended to read as follows:
The term of this Agreement is from January 1, 2019 to December 31, 202 9 inclusive, subject to the provisions of Sections Q and V of the General Terms and Conditions.
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
99 Packet Pg. 173 of 377
Vers.: Aug. 5, 2019
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/ are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 2” , AMENDED, REPLACES PREVIOUS.
b. Exhibit “B” entitled “SCEHDULE OF PERFORMANCE, AMENDMENT NO. 2” , AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “ PAYMENT PLAN, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.
D. Exhibit “C-1” entitled “ INITIAL PRICING, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
100
Packet Pg. 174 of 377
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
TEAM SHEEPER INC.
Officer 1
By:
Name: Tim Sheeper
Title: CEO
Officer 2
By:
Name: Carole Hayworth
Title: CFO
Attachments:
Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.
Exhibit “B” entitled “SCEHDULE OF PERFORMANCE, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.
Exhibit “C” entitled “PAYMENT PLAN, AMENDMENT NO.2”, AMENDED, REPLACES PREVIOUS.
Exhibit “C-1” entitled “INITIAL PRICING, AMENDMENT NO.2”, AMENDED, REPLACES PREVIOUS.
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
101
Packet Pg. 175 of 377
Vers.: Aug. 5, 2019
EXHIBIT A
SCOPE OF SERVICES, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
CONTRACTOR agrees to provide aquatics services for the City of Palo Alto offered at Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301 and other pools in Palo Alto.
I. General Standards For CONTRACTOR
a. Provide Quality Services
i. Conduct the programs in a safe manner
ii. Not allow participants to be in the pool without at least two Certified Lifeguards present on the pool deck and providing supervision. Contractor shall provide these lifeguards for all programs it offers under this Agreement.
iii. Swim Instructors and Certified Lifeguards are:
1. Knowledgeable and experienced in the subject and age group being taught based on the specific training program for lifeguards and swim instructors
2. Reliable and punctual
3. Start and end lessons on time
4. Organized and prepared to teach at the start of each lesson iv. Program Evaluations
1. At least annually, evaluations will be distributed to participants from all pool programs. CONTRACTOR will communicate with participants the importance of completing the evalua tion.
CONTRACTOR will provide responses to CITY staff.
v. Process all registrations for aquatics programming
b. Provide Excellent Customer Service
i. Build rapport with customers by greeting all participants and parents and create a welcoming and professional atmosphere
ii. Address customer and City staff questions and concerns within 24 hours and provide follow-up if needed
iii. Maintain a high quality website with up-to-date accurate information c. Maintain Quality Instructors and Employees
i. Conduct comprehensive backgrounding reviews for all employees ii. Appear at the pool wearing appropriate attire that is clean, presentable and clearly identified as Palo Alto Aquatics staff
iii. Swim instructors and Certified Lifeguards will not use cell phones during work shifts i.e., while on the pool deck and in front of customers, except in an emergency
iv. Provide consistency with quality standards for all instructors and employees
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
102
Packet Pg. 176 of 377
Vers.: Aug. 5, 2019
d. Manage Administrative Tasks
i. CONTRACTOR shall provide its own cash registers, computers, and other equipment necessary to process and record payments, registrations, schedules, and other administrative functions.
ii. Maintain Proactive and Consistent Communication with CITY staff iii. Communicate problems and issues immediately with the City of Palo Alto Project Manager via phone, email or in person.
iv. Inform City staff of participant injuries and complete necessary accident reports within 24 hours. Accident forms should be available on site. v. Respond in a timely manner to emails and phone calls within 24 hours. vi. Establish and maintain working relationships with City staff and customers vii. Monitor condition of facility and all equipment in and around the facility.
CONTRACTOR shall proactively report maintenance issues/concerns to Project Manager at least weekly and shall assist with projects requiring coordination between CONTRACTOR and city staff.
viii. Maintain an up-to-date comprehensive Aquatics Manual with Policies and Procedures at pool site at all times. The manual shall include, but not be limited to the following information:
1. safe work habits
2. safe use of chemicals
3. how to use MSDS sheets
4. safe use of equipment
5. proper use of cautions signs, barriers, or other devices
6. proper handling of hazardous materials, biological waste, and blood-borne pathogens
ix. Responsible for including policies and procedures with regard to detailed safety plan, swim lessons and pool deck entry that Project Manager agrees to (i.e. waiting lists, cancellation, refund, satisfaction, etc.) x. Instructors are responsible for verifying that onl y registered participants are permitted to participate in programs.
xi. Ensure only swim staff use the pool office.
xii. Utilize best practices and relevant legal requirements to create and enforce pool rules, which shall be kept on site, reviewed and updated annually, and observed by all staff.
xiii. CONTRACTOR shall be first responder to all biological contaminants in the pool including vomit and urine. This entails removing solid material from the pool and pouring chemicals in per Council codes. City staff will make adjustments to chemicals through the automated chemical monitoring system. City staff shall take over care of water chemistry after initial treatment to ensure safety of water per state and county guidelines. xiv. Provide an annual report no later than 45 days after the end of each year during the Contract Term to staff which will be presented to the CITY’S Parks & Recreation Commission for review and comment by the Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
103
Packet Pg. 177 of 377
Vers.: Aug. 5, 2019
Commission. The annual report should include the following items:
1. Total program hours by program area
2. Participation statistics by program area including resident and non-resident percentages
3. Customer satisfaction survey results
4. User group feedback by program area or rental
5. Gross revenues and revenue share s between CONTRACTOR and the CITY
6. Risk management documentation
7. Training certifications listed by staff members
e. CONTRACTOR shall provide the following maintenance services i. Keep facility neat throughout the day by putting away all equipment from pool deck, empty trash cans, pick up trash from pool deck, remove and replace pool covers on appropriate reels after each use
1. Contractor shall ensure that items/equipment necessary to maintain near the pool shall be kept in ways that maximize their expected life and minimize clutter on the pool deck
2. CONTRACTOR shall close the pool for one week each December for City staff to performance facility maintenance. City staff and the CONTRACTOR shall come to mutual agreement on the schedule at least 30 days in advance.
ii. Maintain cleanliness of pools, locker rooms, lobby and office space during facility operational hours, including:
1. Light sweeping of pool deck and indoor spaces
2. Spot mopping and cleaning locker rooms
3. Take out trash at end of day and during sessions as needed
4. Pick up trash from pool deck
5. Light cleaning of lobby and other indoor space
f. CONTRACTOR shall utilize all offices, storage spaces, locker rooms and other indoor spaces within the Rinconada Pool complex in their optimal capacity. For example, items that are rarely used, shall not be stored in spaces that could house campers for indoor activities or snack bar areas.
g. CONTRACTOR shall maintain inventory of badges, keys and other small equipment issued by the City and shall alert the City within 24 hours of missing items.
II. Specific Programs to be Staffed and Run by CONTRACTOR a. CONTRACTOR shall provide discounted pricing for all programs to Palo Alto residents programs as agreed to in Exhibit C -1 “Initial Pricing.” “City of Palo Alto residents” as used in this Contract are only those people who can prove residence in the City of Palo Alto by showing a valid state -issued identification with an address in the City; or a utility bill from the City of Palo Alto; or in the case of students, a current identification card from a Palo Alto Unified School District school. CONTRACTOR shall be responsible for verifying residency. i. CONTRACTOR shall ensure that low income Palo Alto residents are Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
104
Packet Pg. 178 of 377
Vers.: Aug. 5, 2019
referred to the 501(c) Beyond Barriers to help provide them with financial aid discounted pricing for youth swim lessons to low income Palo Alto residents.
ii. CONTRACTOR shall offer senior discounted pricing for Palo Alto resident adults age 60 or older for open swim, lap swim, and masters swim. b. CONTRACTOR shall staff and run swim lessons and swim camps for various ages (including children) and skill levels. CONTRACTOR shall adhere to the following standards:
i. CONTRACTOR shall offer a minimum of at least the following: swim lessons 6 days per week during summer and shall aim to offer at least 10,000 30 minute lessons per year.
ii. CONTRACTOR shall offer a minimum of 8 weeks of swim camps per year that can enroll a minimum of 30 children per week.
iii. At the end of each lesson and camp session the CONTRACTOR will monitor and ensure participants are picked up by an authorized adult. c. CONTRACTOR shall staff and run Open/Recreational and Lap Swim programs. i. CONTRACTOR shall provide a minimum of 500 open swim lane hours during the summer season and 100 open swim lane hours during non- summer seasons (Spring and Fall).
ii. CONTRACTOR shall provide a minimum of 500 lane hours/week for lap swim lane hours during the summer season and 400 lane hours/week lap swim lane hours during non-summer seasons.
d. Accept fees for service from pool users using the CONTRACTOR’s point- of-sale system.
e. CONTRACTOR shall staff and run or subcontract for an adult masters swim team and a youth swim team.
i. CONTRACTOR shall aim to maintain a minimum of 75 monthly master swim team members and a minimum of 200 monthly youth swim team members.
ii. CONTRACTOR to provide a minimum of 200 lane hours / week for the youth swim team.
iii. CONTRACTOR to provide a minimum of 49 lane hours / week for the adult masters swim team
f. CONTRACTOR shall off er pool parties and additional aquatics programming such as aqua- aerobics, diving classes/teams, water polo, personal training in the water, special events, and/or fitness activities using both water and park features (boot camps, etc.)
g. CONTRACTOR shall p rovide access to open swim at least 200 hours per summer for CITY -affiliated summer camps in exchange for CONTRACTOR -run summer camps’ use of Rinconada Park and other City cultural facilities. h. CONTRACTOR is authorized to sell a limited amount of convenienc e food and other merchandise to customers at the pool should CONTRACTOR so desire. i. CONTRACTOR and CITY shall mutually set pool schedule and prices for aquatics Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
105
Packet Pg. 179 of 377
Vers.: Aug. 5, 2019
programming. The initial pricing structure can be found in Exhibit C - Compensation and pool schedule can be found in Exhibit B.
III. City’s Responsibilities
a. CITY shall provide clean and safe facility.
i. CITY staff will maintain chemical room, provide daily aquatics inspections/maintenance and oversee facility management ii. CITY is responsible for the costs of maintaining the pool and facilities, including heating and utility costs, maintenance and repair, (other than those general items listed in CONTRACTOR’s responsibilities), pool chemical costs, and labor costs associated with these items. Addition ally, CITY shall provide some general supplies, such as locker room soap and toilet paper sufficient for average daily use.
iii. CITY shall make repairs to facility when needed and shall maintain chemicals for all pools.
iv. City shall maintain the primary responsi bility over pool vacuuming and cleaning debris from trees on pool deck, including landscaping of trees, grass and brush.
v. CITY shall provide badges, keys and other small equipment. vi. CITY shall provide access to a phone line and internet access at Rinconada Pool
vii. CITY shall provide quarterly walk through safety inspections and trainings b. CITY shall develop and maintain proactive and consistent communication and rapport with CONTRACTOR
i. Respond in a timely manner to emails and phone calls ii. Communicate and resolve issues and concerns immediately iii. CITY shall provide excellent customer service to CONTRACTOR staff and customers
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
106
Packet Pg. 180 of 377
Vers.: Aug. 5, 2019
PROGRAM DESCRIPTIONS
The following program descriptions may be implemented according to the terms of this Scope of Work and may be changed by CONTRACTOR after consultation with CITY.
Swim Lessons
Levels
Water Babies 1 (6-18 mos) This class will introduce your child to the water and aims to help your child gain comfort while swimming with a caretaker. The class will sing songs and play games while teaching back floats, kicks, submerging underwater, and how to safely swim to the wall and climb out. The max studen t-to-teacher ratio is 6:1, with a minimum age of 6 months and a maximum age of 18 months. Your child must be 6 months old by your first lesson to attend.
Duration: 30 minutes. Goal: Water comfort and swimming with a caretaker. Class ratio: 6:1. 1 caretaker per child
Water Babies 2 (1.5 -3 yrs old) This class will introduce your child to the water and aims to help your child gain comfort while swimming with a caretaker. As students get closer to 3 years old, we will begin to prepare them for Level 1. The clas s will teach students to blow bubbles, back float, equipment-assisted and no assisted tummy kicks, back kicks, submerging underwater, and how to safely swim to the wall and climb out. The max student -to-teacher ratio is 6:1, with a minimum age of 1.5 years and a maximum of 3 years old. Your child must be 1.5 years old by your first lesson or turning 1.5 years old within your session to attend. Duration: 30 minutes. Goal:
Water comfort, swimming with a caretaker and preparing for youth swim lessons! Class Ra tio:
6:1. 1 caretaker per child
Level 1-Little Kids (Beginners 3-4.11 yrs old) No experience needed! This beginner class focuses on your child’s water confidence while developing their comfort and basic water safety skills without a parent in the water. This class will teach fundamental swim skills such as submerging underwater, front and back floats, and kicking on their front and back side for a short distance.
We will also teach students how to recover after jumping/falling into the water. Your child must be turning 3 years old within your session to attend. Age Requirement: 3 yo – 4.11 yo. Duration:
30 minutes. Goal: Water comfort and swimming with an instructor. Class Ratio: 3:1 Level 1-Big Kids (Beginners 5+ yrs old) No experience needed! This beginner class focuses on your child’s water confidence while developing their comfort and basic water safety skills without a parent in the water. This class continues teaching fundamental swim skills learned from Level 1:
Little Kids such as submerging underwater and floating. We will work on independent swimming at a longer distance, breathing techniques, and water safety skills such as knowing what to do if we fall in the pool! Entry Requirement: 5+ years old OR completion of Level 1: Little Kids.
Duration: 30 minutes. Goal: Independently swim 20ft with streamline kicks, back kicks and roll- over breaths. Class Ratio: 3:1
Level 2- This intermediate class is taught in the deep end of our pool (6.5 ft). Swimmers must pass Level 1: Big Kids or must be able to swim in the deep end on their front, back, and roll -over Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
107
Packet Pg. 181 of 377
Vers.: Aug. 5, 2019
to breathe for 12.5 yards unassisted. Swimmers will be introduced to Freestyle, Backstroke, and treading water for 15 seconds while continuing to develop their comfort and water safety skills.
Entry Requirement: Can independently swim 20 ft with streamline kicks, back kicks, and roll-over breaths, and is comfortable swimming in 6.5 ft deep water. Duration: 30 minutes. Goal:
Independent freestyle with roll-over breaths and Backstroke for 12.5 yds. Class Ratio: 3:1 Level 3 - This class uses Freestyle and Backstroke learned in Level 2 to swim 25 yards independently. Swimmers must pass Level 2 or be able to swim Freestyle and Backstroke for half the pool length (12.5 yards) independently. As class progresses, we will build endurance to swim 25 yards. Students will additionally be introduced to Breaststroke kicks and treading water for 30 seconds. Entry Requirement: Can independently swim Freestyle with roll- over breaths and Backstroke for 12.5 yards. Duration: 30 minutes. Goal: Freestyle with side-breathing, Backstroke, and Breaststroke kicks for 25 yards. Class Ratio: 4:1
Level 4- Swimmers will review Freestyle, Backstroke, and the introductory Breaststroke kick, and continue overall efficiency within the strokes for 25 yards. They will learn Breaststroke with proper breathing technique, dolphin kicks for Butterfly, somersaults to prepare for flip-turns, and treading water for 1 minute. Through hands -on instruction, swimmers develop proper body position, breathing, and rhythm. This is the final level in swim school and swimmers who pass this level will be eligible for the Bridge Youth Team: Beginner Group. Entry Requirement:
Freestyle with side -breathing, Backstroke, and Breaststroke kicks for 25 yards. Duration: 30 minutes. Goal: Freestyle, Backstroke, Breaststroke, and Butterfly for 50 yards. Class Ratio: 4:1
Swim Camp
Whether just learning to swim or developing strokes, your child receives a daily, 45-minute, level- appropriate lesson from a trained Swim School instructor (ratio 4:1). A child’s swim level is assessed on the first day of camp, and campers with similar abilities are grouped together. More advanced swimmers also get a workout-style swim session in a 25-yard format to practice what they have learned. Daily hands -on lessons in small focused groups inv ariably lead to rapid advancement in a child’s swim skills.
In addition to swim instruction, campers have daily swim -related workouts, free swim time for land and camp games, crafts, and lunch. Your child should come home healthy -tired but able to have loads of fun the entire week!
Sample Daily Activities
8:45 Camper check-in
9:00 Camp games, settle in for Director Address
9:30 Group A: Swim lesson, Group B: Land games for swim strength and conditioning followed Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
108
Packet Pg. 182 of 377
Vers.: Aug. 5, 2019
by a healthy snack
10:15 Group A: Healthy snack followed by land games for swim strength and conditioning.
Group B: Swim lesson plus, for more advanced swimmers, a swim work-out 11:00 Transition out of pool (sunscreen!)
11:15 Lunch from home enjoyed on the benches or picnic-style on the grass 11:45 Camper choice: land games, crafts, relax with friends 12:45 Transition to free swim
1:00 Free swim
1:50 Get ready for pick-up or transfer to extended care
Is This Camp for You?
For ages 5 to 12 years (on the first day of camp)
For campers who HAVE COMPLETED kindergarten
Camp is for kids who are comfortable in the water, enjoy social group situations, and respond well to instruction
Ideal before any family vacation that includes water activities!
Pre-K Camp
Palo Alto Swim and Sport offers Pre-K Aquatics camp for kids age 4.5-6! For our little ones, Camp Palo Alto provides fun, instruction, and encouragement in a safe, friendly environment. Each camper receives a daily 45-minute swim lesson from a Palo Alto Swim School instructor, plus has time fo r land games, crafts and a light lunch. They’ll enjoy community and team fun while developing a love of water and swim skills. Your child should come home healthy-tired but not destroyed for the rest of the day! When you check out each day, stick around to enjoy Open Swim with your child. Spending time in the pool together reinforces what they’ve learned and improves their feel for the water. Open Swim starts at noon!
Sample Daily Schedule
8:45 Check-in
9:00 Welcome and games
9:45 Crafts and snack
10:45 Fun stretching
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
109
Packet Pg. 183 of 377
Vers.: Aug. 5, 2019
11:00 Swim lesson
11:45 Dry off, get ready for lunch
12:00 Lunch time with friends and counselors
12:30 Story time
1:00 Free swim in Baby Pool or play games
1:50 Pick up or transfer to extended care
For ages 4.5 to 6 years (on the first day of camp)
For campers who have NOT COMPLETED kindergarten, or who need extra assistance Campers are toilet trained and can manage the toilet independently 4:1 child-to-adult ratio both during swim lessons and with counselors on land Ideal before any family va cation that includes water activities!
Morning Extended Camp
We are pleased to offer early Extended Camp from 8:00 to 8:45 a.m., so you can drop off your kids and be on your way! You can be sure that check -in will be fast and your child will receive great care for a happy start to the day!
Afternoon Extended Camp
Extended camp is just the ticket for your child to rest and re -energize, play social games, read, advance some new skills or listen to music! Tried and true, our counselors provide a safe and lively afternoon of new and varied activities, full of opportunities for the campers to mix and mingle or have some quiet time; build and create; or have fun with more sports! The kids won’t miss a beat, as they seamlessly transition to the afternoon segment of their day of excitement.
Pool Parties
Have a birthday party or special event at the pool! Reserve two hours of fun for your family and friends! Party includes: Swim admission for 12 kids and 4 adult chaperones (over age 18), 2 large picnic tables reserved for your group
Masters Swim
We welcome swimmers of all abilities, age 18 and up, who are interested in regular structured workouts. Previous experience in competitive swimming is not necessary. Masters swimmers include beginners, triathletes, former collegiate athletes, nationally ranked competitors and everything in between — all ages, shapes, and sizes. Every workout is different and you’ll learn something each and every time. Along with ongoing conditioning at workouts, the team provides stroke instruction, intra-club activities, competitions, and social events throughout the year. We focus on developing swimming skills, enhancing the enjoyment of swimming through regular Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
110
Packet Pg. 184 of 377
Vers.: Aug. 5, 2019
workouts and professional instruction, and the promotion of lifetime fitness through swimming.
Youth Swim Team
Year round competitive swim team offering high quality professional coaching and technique instruction for all ages and abilities. The goal is to provide every member an opportunity to improve swimming skills and achie ve success at his or her level of ability, from novice to international competitor. We are constantly growing and training young swimmers to maintain a well-rounded competitive swim team.
Lap Swim
Lanes are dedicated to lap swimming in the deep pool at Ri nconada seven days per week year round. Two lifeguards are on duty at all times. We observe circle swimming when there are more than two swimmers per lane. The number of lanes for Lap Swimming varies according to scheduled activities in each pool, but during the times below, you will find designated lap lanes.
Look for the yellow cones on deck. If you are registered to pay for laps monthly, you can come to Recreation Swim any time. Choose to swim laps or play with your kids —your time in the pool is already paid for. Even drop-in fees are good all day for both Laps and Open/Recreation Swim.
Open/Recreation Swim
Lifeguards are on duty at all times during open swim. No registration required, just drop in (or use a pass) to play in the round pool and deep pool; many open swim sessions include use of the diving boards. Children 5 years and younger must have a parent/guardian (16+) in the pool, within arm’s reach at all times. Children 6 – 12 years must have a parent/guardian (16+) on the pool deck supervising them, unless they are attending a registered class or program.
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
111
Packet Pg. 185 of 377
Vers.: Aug. 5, 2019
EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
Program Aquatics Seasons Offered
Swim lessons Spring, Summer, Fall and optional Winter
Swim camps Summer
Lap swim Spring, Summer, Fall, and Winter (all seasons) Open/Recreational swim Spring, Summer, Fall and optional Winter Masters Swim Spring, Summer, Fall, and Winter (all seasons) Youth Swim Team Spring, Summer, Fall, and Winter (all seasons)
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
112
Packet Pg. 186 of 377
Vers.: Aug. 5, 2019
PROPOSED SCHEDULE
PaIo Alto Swim & Sport
Rinconada Pool Schedule: School Year
Lap Pool
This schedule may be modified by CONTRACTOR after consultation with CITY.
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
113
Packet Pg. 187 of 377
Vers.: Aug. 5, 2019
EXHIBIT C
PAYMENT PLAN, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
Revenue Sharing
CONTRACTOR will collect revenue from customers for all programs they provide under this agreement and any Rinconada Pool subcontracts they hold subject to the prices listed in this agreement.
For the purposes of the revenue share, CONTRACTOR shall maintain an annual profit and loss statement (“Statement”) during the Term and any Extended Ter m of this Agreement.
CONTRACTOR will pay gross revenues of as much as 12% of all revenues collected from all programs provided on behalf of the City of Palo Alto with the CITY based upon the following table:
Annual Total Revenue
Dollars
Percent of all gross revenue
from
all programs under this
contract
owed to City
up to $1.75 million 1%
$1,750,001 to $2,250,000 2%
$2,250,001 to $2,750,000 3%
$2,750,001 to $3,250,000 4%
$3,250,001 to $3,750,000 5%
$3,750,001 to $4,250,000 6%
For each additional $500,000
in revenue, the gross
revenue percentage will
grow 1% point up to a
maximum of 12%
Revenue share payments for each calendar year shall be paid to the CITY no later than January 31 of the following year.
Additional Services
The CONTRACTOR shall provide additional services only by advanced, written authorization Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
114
Packet Pg. 188 of 377
Vers.: Aug. 5, 2019
from the CITY. The CONTRACTOR, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’S proposed maximum compensation, including reimbursable expense, for such services. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONTRACTOR prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement.
No Reimbursable Expenses
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CONTRACTOR shall not be reimbursed for any expenses.
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
115
Packet Pg. 189 of 377
Vers.: Aug. 5, 2019
EXHIBIT C-1
INITIAL PRICING, AMENDMENT NO. 2
AMENDED REPLACES PREVIOUS
Non-Resident Rates
Program Fee Annual
Fee Monthly Drop-In Per
Lesson/Session
Lap Swim
General $72 $10
Senior $61 $9
Open Swim
General $10
Child $6
Swim Lessons
Group $29
Private $79
Masters General $30 $88 $20
Student/Senior $30 $80 $20
Camps $575 per week
Program Fee Annual Fee Monthly Drop-In Per Lesson/Session General $65 $9
Senior $52 $8
General $9
Child $5
Group $29
Private $79
Masters General $30 $88 $20
Student/Senior $30 $80 $20
Camps $575 per week
Youth Swim Team
Resident Rates
PASA pricing applies
Lap Swim
Open Swim
Swim Lessons
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
116
Packet Pg. 190 of 377
Vers.: Aug. 5, 2019
Youth Swim Team PASA pricing applies
These rates may be modified by CONTRACTOR after consultation with CITY.
Docusign Envelope ID: 386211AE-B829-4A00-8733-E0E5BCBEEB70 Item 6
Attachment B - Contract
with Team Sheeper, Inc.;
Contract C19173035,
Amendment Number 2
Item 6: Staff Report
Pg.
117
Packet Pg. 191 of 377
5 1
6 8
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: October 21, 2024
Report #: 2407-3303
TITLE
Approval of Contract Amendment Number 1 to Contract Number S25190354 with Larratt Bros Plumbing Inc. in the Amount of $410,000 for the Residential Emergency Water Heater Replacement Pilot Program Within Electrification Programs; CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. S25190354 with Larratt Bros Plumbing Inc. (Attachment A) to expand the Heat Pump Water Heater Pilot Program in an amount not-to- exceed $410,000 for the Emergency Water Heater Replacement Pilot Program. This amendment results in a revised total contract not-to-exceed amount of $495,000.
EXECUTIVE SUMMARY
Staff is seeking approval for contract amendment No. S25190354 for the Single-Family Residential Emergency Water Heater Replacement (REWHR) Pilot Program to contribute to the success of the Advanced Heat Pump Water Heater (HPWH) Pilot Program in replacing a total of 1,000 gas water heaters. Staff is requesting to increase the contract an additional $410,000, to enable expansion of the REWHR Pilot Program, by unencumbering funds from contract No.
C23186588, the Advanced HPWH Pilot Program. This additional budget will have no impact on the General Fund or utility rates.
BACKGROUND
Staff and the community have been working to achieve the community’s greenhouse gas (GHG) emissions reduction goals of reducing GHG emissions 80% from 1990 levels by 2030, as adopted in the Sustainability and Climate Action Plan (S/CAP). The current S/CAP was adopted in June 2023 along with the 2023-2025 S/CAP Work Plan.1 The 2023-2025 SCAP Work Plan includes work item 2.1 D for the launch of a HPWH pilot to achieve the replacement of 1,000 gas water heaters with HPWHs.
12023-2025 S/CAP Work Plan https://www.cityofpaloalto.org/files/assets/public/v/1/sustainability/reports/2023-2025- scap-work-plan_final.pdf
Item 7
Item 7 Staff Report
Item 7: Staff Report
Pg.
1 Packet Pg. 192 of 377
5 1
6 8
The “Advanced HPWH Pilot Program” was launched in March 2023.2 It includes rebates for residents who hire their own contractors and a Full-Service program for those who want the City to take care of the whole process, as well as the more recent addition of the Emergency Replacement program in September 2024. As of July 22, 2024, 384 installations had been completed through a combination of the City’s rebate program and Full-Service program, with another 40 installations scheduled. Staff expects that the addition of the Emergency Replacement program will increase the rate of installation. Many of the customers signing up for the Full Service HPWH program have dropped out because they are in urgent need to replace a leaking or broken water heater. The Full Service HPWH program is not designed to accommodate emergency installations.
ANALYSIS
Gas tank water heaters typically last between 10 to 12 years. It is not uncommon for homeowners to wait until the water heater shows signs of needing a replacement before they call a plumber. Up to 85 percent of water heater replacements occur in an “emergency” when the current water heater fails.3 In such an emergency scenario, the task of switching from a gas water heater to a HPWH is often too complicated and takes too much time for the average homeowner to handle when they are focused on restoring hot water to their family.
The REWHR Pilot Program is designed to serve the many homes experiencing water heater failures that require rapid action, with a goal to restore hot water to customers within two business days while helping the homeowner switch from a gas water heater to a HPWH.
Customers could opt to pay a premium covering work outside of standard business hours if faster service is desired.
Solicitation Process
The City issued an RFP on February 29, 2024. Through a competitive RFP process, staff identified Larratt Bros Plumbing as a provider with extensive experience performing HPWH installations.
Table 1 summarizes the details of the RFP.
Table 1: Request for Proposal #190354
RFP Name/Number Emergency Water Heater Replacement Service RFP No. 190354
RFP Issued February 29, 2024
Proposals Due March 22, 2024
# of Firms Notified 3017
Total Days to Respond to RFP 22
2 On October 3, 2022, City Council approved the contract with Synergy Companies, which includes, among other tasks, the administration of a Full-Service Heat Pump Water Heater Program within the Advanced Heat Pump Water Heater Pilot (Staff Report #14542) https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager- reports-cmrs/2022/10-03-2022-id-14542.pdf
3 New Buildings Institute, 2022. https://newbuildings.org/scaling-up-market-transformation-for-heat-pump-water-heaters/ Item 7
Item 7 Staff Report
Item 7: Staff Report
Pg.
2 Packet Pg. 193 of 377
5 1
6 8
# of Proposals Received 5
Non-responsive bidders/Responsive bidders 2/5
Public Link to Solicitation
https://procurement.opengov.com/portal/palo-alto-
ca/projects/83035
Proposals Price Range per Installed Heat Pump Water
Heater $8,000 - $25,500
The RFP responses (proposals) were evaluated based on several key criteria including the quality of proposals, the specifics of the proposed solutions, the experience of the contractors with heat pump water heaters and emergency water heater replacements, the proposed program costs, ability to install heat pump water heaters in a timely way, and prior record of performance for government agencies. Larratt Bros Plumbing was selected for this project because they scored the highest of all bidders. They demonstrated an innovative approach to replacing gas water heaters with heat pumps in a time sensitive and customer friendly way.
They also received high customer satisfaction scores as well as high praise from former project collaborators.
Two of the bidders were deemed non-responsive due to lack of complete proposal packets. The proposal that was selected (Larratt Bros Plumbing) included installed heat pump water heater costs at the low end of the project cost range listed in Table 1, at $8,000.
In August, CPAU established an $85,000 contract with Larratt Brothers Plumbing to begin the HPWH ER Pilot, covering up to 20 homes. Staff proposes a contract increase of $410,000 to cover 100 or more homes. This would cover the current rebate of 55% of project costs up to $3,500 per HPWH, permit fees, home assessments, and the cost of loaner water heaters, where needed. The additional funds would ensure that HPWH ER Pilot can continue covering the first 100 homes as envisioned in the RFP. Their unique customer service tool, called Plunjr, allows homeowners to enter the program quickly and obtain an assessment and quote for a new HPWH.
FISCAL/RESOURCE IMPACT
The funding source for this contract is the budget for the Advanced Heat Pump Water Heater Pilot Program, which includes budgets in both the electric and gas utility funds and is funded by a combination of Public Benefits and Cap and Trade revenue sources.4 The HPWHs installed through the HPWH ER Pilot will count towards the goal of 1,000 HPWHs in Palo Alto. Program promotion and outreach will be funded through the climate reduction outreach budget established in the FY 2025 Adopted Budget.
4 For the Full Service HPWH Program, City Council approved $1.25 million from Gas Cap and Trade Revenues, $4.5 million from Electrification Reserve (funded by the electric utility’s Electric Special Projects Reserve) at the September 27, 2022 Council meeting. See Staff Report #14606. https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/2022/id.-14606-scap-update-reach-code-changes-and-advanced-hpwh-program.pdf Item 7
Item 7 Staff Report
Item 7: Staff Report
Pg.
3 Packet Pg. 194 of 377
5 1
6 8
POLICY IMPLICATIONS
The HPWH ER Pilot supports the Council-approved Sustainability Plan, the Council-approved Ten-year Energy Efficiency Targets, Comprehensive Plan Goals N4.2.1 (educate customers on efficient water use), N7.4.2 (implement cost effective energy efficiency programs for all customers) and N7.7.2 (explore the transition of existing buildings from gas to electric or solar water and space heating). The Pilot program also furthers the Utilities Strategic Plan Collaboration priority (Strategy 1, increasing communication and engagement with the community).
STAKEHOLDER ENGAGEMENT
Since December 2023, staff has reached out to customers who have signed up with the Full Service HPWH program to get their feedback. This feedback has been invaluable for ongoing improvements to the Full Service HPWH program and has also informed the design of the HPWH ER program. In January 2024, staff presented the initial program design and solicited feedback from the S/CAP Working Group on the HPWH ER Pilot, continuing discussions on this topic in April and May 2024. Staff has also been in communication with Peninsula Clean Energy, Silicon Valley Clean Energy, Marin Clean Energy, and Sacramento Municipal Utility District as they prepare to launch similar HPWH ER programs in their service territories.
ENVIRONMENTAL REVIEW
Council’s approval of the attached agreement described in this staff report does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment. In the alternative, Council’s approval of this agreement is exempt from review under CEQA Guidelines Section 15302, as replacement of existing facilities, and Section 15308, as an action taken for the protection of the environment.
ATTACHMENTS
Attachment A: Contract with Larratt Brothers; Contract S25190354 Amendment 1 Attachment B: Contract with Larratt Brothers; Contract S25190354
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Diane Bailey, Sustainability Programs Administrator Item 7
Item 7 Staff Report
Item 7: Staff Report
Pg.
4 Packet Pg. 195 of 377
6056850 Vers.: Aug. 5, 2019
AMENDMENT NO. 1 TO CONTRACT NO. S25190354
BETWEEN THE CITY OF PALO ALTO AND
LARRATT BROS PLUMBING INC.
This Amendment No. 1 (this “Amendment”) to Contract No. S25190354 (the “Contract” as defined below) is entered into as of October 7, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and LARRATT BROS PLUMBING INC., a California corporation, located at 88 Elmira Street, San Francisco, CA 94124 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. T he Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing Emergency Water Heater Replacement Services (the “Project”) to customers in single family homes in connection with the Project, as detailed therein.
B. T he Parties now wish to amend the Contract in order to increase compensation by Four Hundred Ten Thousand Dollars ($410,000) from Eighty-Five Thousand ($85,000) to a new total not to exceed Four Hundred Ninety- Five Thousand Dollars ($495,000) with no change to the contract term.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. S25190354 between CONSULTANT and CITY, dated August 1, 2024.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION ” of the Contract is hereb y amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Ninety-Five Thousand Dollars ($495,000).
The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.”
Docusign Envelope ID: 421D75DB-36EC-409C-A7AB-0911695569B4 Item 7
Attachment A - Contract
with Larratt Brothers;
Contract S25190354,
Amendment 1
Item 7: Staff Report
Pg.
5 Packet Pg. 196 of 377
6056850 Vers.: Aug. 5, 2019
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals . The recita ls 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: 421D75DB-36EC-409C-A7AB-0911695569B4 Item 7
Attachment A - Contract
with Larratt Brothers;
Contract S25190354,
Amendment 1
Item 7: Staff Report
Pg.
6 Packet Pg. 197 of 377
6056850 Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
LARRATT BROS PLUMBING, INC.
By:_____________________________
Name:___________________________
Title:____________________________
By:_____________________________
Name:___________________________
Title:____________________________
Docusign Envelope ID: 421D75DB-36EC-409C-A7AB-0911695569B4 Aaron Gianni
President
Service Manager
Alex Perez
Item 7
Attachment A - Contract
with Larratt Brothers;
Contract S25190354,
Amendment 1
Item 7: Staff Report
Pg.
7 Packet Pg. 198 of 377
Certificate Of Completion
Envelope Id: 421D75DB36EC409CA7AB0911695569B4
Status: Completed
Subject: Complete with Docusign: S25190354 Amed 1 Larrett final.pdf Source Envelope:
Document Pages: 3
Signatures: 2
Envelope Originator:
Certificate Pages: 2
Initials: 0
Annmarie Romero
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
Status: Original
9/11/2024 2:06:09 PM
Holder: Annmarie Romero
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Palo Alto
Location: DocuSign
Signer Events
Signature
Timestamp
Aaron Gianni
[email protected]
President
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.97.24.229
Sent: 9/11/2024 2:07:28 PM
Viewed: 9/12/2024 7:58:10 PM
Signed: 9/12/2024 7:58:27 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alex Perez
[email protected]
Service Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.126.2.91
Sent: 9/12/2024 7:58:29 PM
Resent: 9/13/2024 7:15:10 AM
Resent: 9/16/2024 9:52:47 AM
Viewed: 9/16/2024 10:34:10 AM
Signed: 9/16/2024 10:34:29 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Diane Bailey
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 9/16/2024 10:34:31 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Item 7
Attachment A - Contract
with Larratt Brothers;
Contract S25190354,
Amendment 1
Item 7: Staff Report
Pg.
8 Packet Pg. 199 of 377
Carbon Copy Events
Status
Timestamp
Tabatha Boatwright
[email protected]
Utilities Management Analyst
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 9/16/2024 10:34:32 AM
Viewed: 9/16/2024 11:12:51 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
9/11/2024 2:07:28 PM
Certified Delivered
Security Checked
9/16/2024 10:34:10 AM
Signing Complete
Security Checked
9/16/2024 10:34:29 AM
Completed
Security Checked
9/16/2024 10:34:32 AM
Payment Events
Status
Timestamps
Item 7
Attachment A - Contract
with Larratt Brothers;
Contract S25190354,
Amendment 1
Item 7: Staff Report
Pg.
9 Packet Pg. 200 of 377
Professional Services
Rev. Jan 29, 2024
CITY OF PALO ALTO CONTRACT NO. S25190354
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
LARRATT BROS PLUMBING INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 1st day of August, 2024 (the “Effective Date”) , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and LARRATT BROS PLUMBING INC., a California corporation, located at 88 Elmira Street, San Francisco, CA 94124 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to award a contract for the Emergency Water Heater Replacement Services (the “Project”) and desires to engage a consultant to provide heat pump water emergency replacement services to customers in single family homes in connection with the Project ( the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants , if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through July 31, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
10 Packet Pg. 201 of 377
Professional Services
Rev. Jan 29, 2024
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursa ble expenses specified therein, and the maximum total compensation shall not exceed Eighty-Five Thousand Dollars ($85,000). The hourly schedule of rates, if applicable, is set out in Exhibit C -1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s superv ision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to per form the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and order s that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
11 Packet Pg. 202 of 377
Professional Services
Rev. Jan 29, 2024
stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The partie s agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the pri or written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Subcontracts Authorized: Notwithstanding Section 11 (Assignment ) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are:
QuitCarbon Inc.
945 Market St, Suite 501
San Francisco CA 94103
415-446-1620
Service: Home Assessments workflow and data gathering prior and during install.
Avila Electric
1212 Verde Rd
Half MoonBay CA 94019
650-245-8753
Services: Electrical
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
12 Packet Pg. 203 of 377
Professional Services
Rev. Jan 29, 2024
Ingraham Electric
322 Princeton Ave
El Granada, Ca 94018
650-728-2262
Services: Electrical
Zylac Construction
12345 Grange Rd,
Meadow Vista CA 95722
530-368-0856
Services: General Contracting, Electrical Services
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerni ng compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Aaron Gianni, CEO, 88 Elmira Street, Suite A, San Francisco, CA 94124, telephone: 650-873- 5794, Email:
[email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute P roject Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Diane Bailey, Utilities Department, Resource Management Division, 250 Hamilton Ave., Palo Alto, CA 94301 Telephone: 650-329- 2241, Email:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use, however CONSULTANT may use customer data that participating customers voluntarily provide to perform the tasks included in the Scope of Services. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT shall retain exclusive ownership of any softw are and Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
13 Packet Pg. 204 of 377
Professional Services
Rev. Jan 29, 2024
copyright interests it developed prior to the execution of this Agreement which may be used, improved or updated in CONTRACTOR’s performance of the Services. CONSULTANT makes no representation of the suitability of the work product for use in or a pplication to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting fro m, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
14 Packet Pg. 205 of 377
Professional Services
Rev. Jan 29, 2024
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT . If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
15 Packet Pg. 206 of 377
Professional Services
Rev. Jan 29, 2024
Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financi al interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
16 Packet Pg. 207 of 377
Professional Services
Rev. Jan 29, 2024
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
17 Packet Pg. 208 of 377
Professional Services
Rev. Jan 29, 2024
for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
18 Packet Pg. 209 of 377
Professional Services
Rev. Jan 29, 2024
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
19 Packet Pg. 210 of 377
Professional Services
Rev. Jan 29, 2024
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: INFORMATION SECURITY POLICY
EXHIBIT F: CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
20 Packet Pg. 211 of 377
Professional Services
Rev. Jan 29, 2024
CONTRACT NO. S25190354 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
Purchasing Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
LARRATT BROS PLUMBING, INC.
By:__________________________________
Name:_______________________________
Title:________________________________
By:__________________________________
Name:_______________________________
Title:________________________________
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Aaron Gianni
President
Service Manager
Alex Perez
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
21 Packet Pg. 212 of 377
Professional Services
Rev. Jan 29, 2024
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
CONSULTANT will leverage its technical expertise and local experience to deliver the Heat Pump Water Heater Emergency Replacement Pilot Program (“HPWH ER Pilot Program”, “HPWH ER Pilot” or “the Program”) to CITY/CPAU customers within the City of Palo Alto.
The HPWH ER Pilot will provide emergency replacement service to Palo Alto residents living in single-family homes and receiving utility service from City of Palo Alto Utilities. In addition, Residential Energy Assistance Program (REAP) customers may also be eligible to participate in the Program if they experience a sudden water heater failure; for eligible REAP customers, the full cost of replacement with a HPWH will be covered by the CITY at the rate listed in Table C-
1. Replacements will include either the direct installation of a heat pump water heater or use of a temporary gas water heater, with a heat pump water heater installation following necessary site preparation work as described in the following 2 scenarios:
1. Instant Electrification – This scenario allows for immediate installation of a heat pump water heater within 2 business days of the customer call.
2. Gas Loaner Electrification – Electrification may not be feasible within 2 business days if additional electrical or site preparation work is needed. In this case, if a heat pump water heater cannot be installed within 2 business days, consultant will install a temporary loaner water heater while completing the necessary site preparation work for the permanent HPWH. Customers do not have the option to keep the “loaner” gas water heater.
CPAU will offer a customer rebate to all projects that have completed a HPWH installation and have passed final inspection. The invoice issued by CONSULTANT to the customer shall reflect the full amount of the CPAU rebate (i.e. instant rebate).
A. HPWH ER Pilot Service Level Expectations (SLEs)
The following SLEs for the CONSULTANT’s performances of the Services are designed to Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
22 Packet Pg. 213 of 377
Professional Services
Rev. Jan 29, 2024
deliver timely, quality service to customers and to achieve high customer satisfaction levels.
These metrics will be tracked on an ongoing basis to ensure that the CONSULTANT(s) are meeting the SLEs.
1. Emergency replacements or loaner equipment must be installed within two business days (defined as Monday through Friday, excluding federal holidays) of a customer call. As an example, if a customer calls on a Friday evening at 9pm, the emergency replacement must be completed by the end of the business day on Tuesday assuming Monday and Tuesday are non-holidays. Consultant will provide customers with the option to expedite the emergency replacement during nights and weekends by paying overtime fees.
2. For customers receiving a water heater loaner, the permanent electric water heater must be installed and in operation within 6 weeks of customer enrollment, barring electrical panel service upgrade delays, or instances where the customer chooses not to move ahead with the heat pump water heater.
3. 100% of the HPWH and gas water heater installations receive permits and pass final inspection; and at least 80% of installation projects pass final inspection on the first time.
4. Achieve a minimum of 75% satisfaction rating from customer surveys.
B. HPWH ER Pilot Eligible Measures
CONSULTANT will deliver eligible measures as listed in Table C-1 of Exhibit “C,” Compensation. CONSULTANT may request adding or deleting measures to the Program and all such changes require the prior written consent of the CITY. All work completed by CONSULTANT under this Agreement must comply with California’s most recently adopted building and appliance efficiency standards.
C. HPWH ER Pilot Program Cost Allocation
CITY and customer will each pay a portion of the total installed costs as specified in Exhibit “C”. The CITY bears no responsibility for any of CONSULTANT’s costs and/or compensation associated with CONSULTANT’s performance of any Non-standard Site Preparation and/or Installation Services, including Electrification Labor Rates; all such compensation will remain the sole the responsibility of customers who elect to request Electrification Site Preparation Services, as listed in Exhibit C.
The CITY bears no responsibility for any of CONSULTANT’s costs and/or compensation associated with CONSULTANT’s delivery of extended parts and labor warranties for any of the HPWH ER Pilot Program Eligible Measures; all such compensation will remain the sole the responsibility of customers who elect to purchase Extended Parts and Labor Warranties.
All customer payment amounts, Electrification Site Preparation Services costs, Electrification Labor Rates and any Extended Parts and Labor Warranty costs, if Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
23 Packet Pg. 214 of 377
Professional Services
Rev. Jan 29, 2024
applicable, will be included and clearly disclosed in each customer’s Program Participation Agreement.
D. HPWH ER Pilot Installation Program Staffing
CONSULTANT agrees to staff the Program in accordance with the Staffing plan set forth in Table A-3. CONSULTANT shall notify the CITY concerning proposed changes to the staffing plan, and all such changes require the prior written consent of the CITY.
CITY reserves the right to (i) request CONSULTANT conduct criminal background checks to City’s satisfaction on all CONSULTANT’s staff, subcontractors or agents that may enter customer property, and (ii) require that any staff, subcontractor or agent of CONSULTANT that fails the background check shall not be permitted to enter any customer premises.
Table A-3. HPWH ER Pilot Program Staffing Plan
Company Name and Title Role and Responsibilities
Larratt Bros Aaron Gianni, President Program implementation and set standards for Larratt Bros and Plunjr as well as quality
control.
Larratt Bros Alex Perez, Service
Manager
Day-to-day operational details of interactions
between homeowners. Reporting. Permitting.
Larratt Bros Carlos Catagena,
Service Admin
Customer intake and dispatching of
technicians. Permitting.
Larratt Bros Melissa Smith, Office
Manager
Account payable and accounts receivable.
Larratt Bros Brandon Dillon, Service
Plumber
Plumber. Equipment installation and
customer satisfaction
Larratt Bros Jonah Geller, Service
Plumber
Plumber & Electrician. Equipment
installation and customer satisfaction
Larratt Bros Arturo Garcia, Service
Plumber
Plumber. Equipment installation and
customer satisfaction
Larratt Bros Brent Boblitt Electrician.
QuitCarbon Cooper Marcus, CEO Program manager. Overall design and execution of QuitCarbon’s responsibilities.
QuitCarbon Adam Klaus, Head of
Operations
Responsible for day-to-day operational
details of interactions between homeowners,
Larratt Bros, and QuitCarbon.
E. HPWH ER Pilot Program Implementation & Delivery
Task 1: HPWH ER Kick-off and Set up
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
24 Packet Pg. 215 of 377
Professional Services
Rev. Jan 29, 2024
Task 1.1: HPWH ER Kick-Off
CONSULTANT shall organize the HPWH ER Pilot Kick-Off meeting in conjunction with CPAU to review HPWH ER Pilot goals, design and delivery, budget, staffing plan, roles, timelines and priorities in the delivery of the HPWH ER Pilot. The meeting will also cover coordination with other CPAU programs, logistics, data integration, invoicing requirements, customer management, and scheduling of ongoing check-in meetings.
CONSULTANT will initially set up check-in meetings on a weekly basis, and meetings can be reduced in frequency if mutually agreed upon. CONSULTANT will work with CPAU staff to determine the agenda at a minimum one day prior to the meeting. Meetings will focus on Program progress updates, reviewing deliverables, and determining expected milestones for the next meeting. CONSULTANT will provide a weekly report tracking customer intake timing and status before each meeting.
Task 1.1 Deliverables: Meeting agenda and minutes
Task 1.2: Develop HPWH ER Pilot Documents
CONSULTANT shall create the following Program documents in close consultation with CPAU staff, for use by CITY and CONSULTANT.
Task 1.2.1 Develop Program Policies and Procedures Manual.
CONSULTANT will draft the Program Policies and Procedures in collaboration with the CITY, which will include, at a minimum, the following:
i. The terms and conditions for eligible customers to participate in the Program; ii. The process for customers to participate in the Program, including the criteria for disqualification from participation;
iii. The process for scheduling and performing the different types of customer site assessments (virtual, phone-assisted virtual and in-person); iv. The process for assessing the suitability of heat pump water heaters (HPWH) including 120 volt HPWHs and the need for a loaner unit to restore hot water within 48 hours for a customer;
v. The process to obtain CITY approval for installation for qualifying REAP customers; vi. The process for collecting customer deposits for a gas loaner unit and customer payments for eligible measures including electrification site preparation, HPWH installation and permit fee, and Extended Parts and Labor Warranty; vii. The process for installing Eligible Measures, including creating a quality assurance and quality control plan and checklist for compliance with Palo Alto permitting requirements that also ensures the appropriate heat pump size, and that measures are Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
25 Packet Pg. 216 of 377
Professional Services
Rev. Jan 29, 2024
installed and working properly;
viii. The process for obtaining customer feedback as well as a customer complaint resolution plan;
ix. The process for tracking customer projects, from intake to site assessment to installation to final inspection, and transmitting customer project data including photos to the CITY’s Program Tracking Platform (Quickbase); x. The process for providing weekly Program Reports;
xi. The process for submitting Program invoices, including customer rebate reimbursements for projects that have passed final inspection.
CONSULTANT will collaborate with the CITY to draft a Program Policies and Procedures Manual and will provide and review any written revisions and updates to the Program Policies and Procedures Manual with the CITY to secure CITY’s final approval.
CONSULTANT will adhere to and document its compliance with applicable policies and procedures in the Program Policies and Procedures Manual as it performs the Services in this Scope of Work.
Task 1.2.1 Deliverables: Completed Program documents including Program Policies and Procedures Manual that are approved by CPAU
Task 1.2.2 Develop Templates for Customer Site Assessment Report and Project Estimate
CONSULTANT will create a Customer Site Assessment Report Template for CITY review and approval and will revise as directed by CITY before use. Once finalized and approved by CITY, the Customer Site Assessment Report will be provided by CONSULTANT to the customer and will provide a Customer Estimate with information necessary for the customer to understand options available to them to replace their gas water heater with a heat pump water heater, including the use of alternative equipment to temporarily restore hot water until it is possible to make a permanent heat pump water heater installation. CONSULTANT will provide revisions and updates to the Customer Site Assessment Report Template upon CITY request.
Customer Site Assessments will include the following elements regarding equipment and appliances located at the residential property owned or occupied by the customer interested in exploring participation in the Program, each to be documented on the Customer Site Assessment Report Template:
i. An inventory of gas and electric equipment and appliances and nameplate (or equivalent alternative) power use, in order to facilitate load calculations; ii. Evaluation of the condition and capacity of the existing electrical systems and recommended upgrades or alternative power efficient strategies that may be necessary to enable installation of a heat pump water heater;
iii. Recommended location for new electrical equipment and HPWH, noting any observed space or structural constraints and possible remedies; and Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
26 Packet Pg. 217 of 377
Professional Services
Rev. Jan 29, 2024
iv. Identification of home size including total bedrooms and bathrooms in order to facilitate compliance with Plumbing Code First Hour Ratings requirements;
Customer Estimate will include:
i. Description of a work plan, including planned equipment, site preparation measures, any other work, and timeline, that will be executed if customer opts to participate in the Program; and
ii. Estimated cost of work to be performed, for customer and CITY’s review.
Task 1.2.2 Deliverable: Customer Site Assessment Report and Estimate Templates
Task 1.2.3 Develop Customer Site Assessment Agreement
CONSULTANT will create a Customer Site Assessment Agreement that includes the following, at a minimum:
i. Provides an overview of the Program;
ii. Grants CONSULTANT permission to perform the Customer Site Assessment to determine whether it is possible to replace the broken water heater with a heat pump water heater and which site preparation measures would be required; iii. Fully indemnifies CITY against all loss, damages, costs and liability arising from any claims stemming from the Customer Site Assessment;
iv. Collects basic information from the customer, including but not limited to customer contact information and installation address.
CONSULTANT will submit the Customer Site Assessment Agreement to CITY for review and approval, and will revise and update the Customer Site Assessment Agreement as directed by CITY before use. CONSULTANT will provide the Customer Site Assessment Agreement to customers in electronic and paper formats if requested by the customer.
CONSULTANT will scan paper forms completed by customers and submit them to CITY electronically.
Task 1.2.3 Deliverable: Customer Site Assessment Agreement Template
Task 1.2.4 Develop Program Participation Agreement
CONSULTANT will create a Program Participation Agreement that grants CONSULTANT permission to install Eligible Measures, collect customer payments, offer an Extended Parts and Labor Warranty for additional costs, and enroll customer in any State or local financing programs. The Program Participation Agreement will include, at a minimum, the following elements:
i. Customer contact information;
ii. Installation address;
iii. Project scope;
iv. Project costs by line item, including electrification site preparation services and Electrification Labor Rates, as defined in Exhibit C, as well as customer’s sole responsibility for any costs associated with them;
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
27 Packet Pg. 218 of 377
Professional Services
Rev. Jan 29, 2024
v. Product and labor warranty information, including Extended Parts and Labor Warranty agreement specifying coverage of any defects in material or workmanship under normal use during the five (5) year warranty period, and also specifying that during the warranty period Larratt Brothers Plumbing will repair or replace, at no charge, products or part of a product that proves defective because of improper material or workmanship, under normal use and maintenance. vi. Customer payments and payment options available if customer opts to participate in the Program;
vii. Customer finance programs such as GoGreen Financing, payment amount, terms, and payment options available if customer opts to participate in the Program; viii. Language specifying that the Customer is responsible for providing a fully refundable down payment on any loaned or temporary water heating equipment (whether it’s a gas water heater with a tank, or tankless gas, or a 120volt HPWH that is temporary) agreed to as part of the project, to be credited to the Customer upon project completion.
ix. Language releasing CITY of liability for any claims arising out of customer’s participation in the Program, and CONSULTANT’s performance of the Services involved in the Program, including initial pre-Program site assessments; x. Language and/or supplemental forms enrolling customers in any State or local financing programs.
CONSULTANT will submit the Program Participation Agreement to CITY for review and approval and will revise and update as directed by CITY before use. CONSULTANT will provide the Program Participation Agreement to customers in electronic format, unless specifically requested by the Customer to be in paper format. CONSULTANT will scan paper forms completed by customers and submit them to CITY electronically.
Task 1.2.4 Deliverable: Customer Program Participation Agreement Template
Task 1.2.5 Develop Customer Feedback Forms
CONSULTANT will develop a Customer Feedback Form template. The Customer Feedback Form gives customers the opportunity to evaluate the Program, including the Site Assessment, the on-going customer support, and the overall customer experience associated with the Program. The Customer Feedback Form must include, at minimum, a question for the customer that enables CITY to calculate a Net Promotor Score value, which is a standardized metric used to assess customer satisfaction.
CONSULTANT will submit the Customer Feedback Form Template to CITY for review and approval and will revise and update it as directed by CITY before use. CONSULTANT will provide the Customer Feedback Forms to customers in both electronic and (if requested) paper formats. CONSULTANT will scan paper forms completed by customers and submit them to CITY electronically.
Task 1.2.5 Deliverable: Customer Feedback Form Template
Task 1.2.6 Develop Program Report Template
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
28 Packet Pg. 219 of 377
Professional Services
Rev. Jan 29, 2024
CONSULTANT will create a standard Program Report template to meet CITY reporting requirements. This Program Report will be delivered monthly. CONSULTANT will assist CITY in finalizing Program performance metrics to include in the Program Reports. These metrics may include data specified by CITY. The Program Report will also provide summary statistics including, but not limited to:
i. Number and type of measures installed;
ii. Number of projects that meet/do not meet the 48 hours emergency replacement timeframe;
iii. Number and type of loaner water heaters installed.
CONSULTANT will submit the Program Report Template to CITY for review and approval and will revise and update the Program Report Template as directed by CITY before use. In the event that the CITY receives adequate data reporting through Quickbase or a similar database, CONSULTANT is no longer required to submit reports.
Task 1.2.6 Deliverable: Program Report Template
Task 1.2.7 Develop Program Invoice Template
CONSULTANT will create a standard Program Invoice Template to meet CPAU’s invoicing requirements, including, but not limited to:
i. Name of company providing invoice (Larratt Bros.);
ii. Invoice number;
iii. Invoice date;
iv. Larratt’s remit-to address for invoicing;
v. Invoice amount, broken out as directed by Project Manager; vi. Description of work.
CONSULTANT will submit the Program Invoice Template to CITY for review and approval and will revise and update the Program Invoice Template as directed by CITY before use.
Task 1.2.7 Deliverable: Program Invoice Template
Task 1.3 Transmit Customer Information to CITY’s Program Tracking Database
CONSULTANT will provide CITY with electronic customer information in a format that can be loaded into CITY’s Quickbase platform and transmitted at a mutually agreed upon frequency. While the use of an API to transmit data will be preferred, other electronic formats for transmission of customer data may include .csv,.xls and .jpg file formats.
CONSULTANT may utilize Rock Rabbit software to submit customer project data into CITY’s Quickbase platform.
CONSULTANT will ensure that CITY staff will be able to access Program data, including the following elements:
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
29 Packet Pg. 220 of 377
Professional Services
Rev. Jan 29, 2024
i. Customer contact information (name, address, phone, email); ii. Customer eligibility for REAP service;
iii. Timestamp for initial customer intake and completion of water heater emergency replacement;
iv. Existing water heater description (age, model, condition); v. Site Assessment Report and recommendations provided; vi. Installed equipment and project cost invoiced to customer; vii. Completed customer forms, as described in this Exhibit A (Site Assessment Agreement, Project Estimate, Program Participation Agreement, Customer Feedback Form);
viii. Non-warranty and warranty related repair issues;
ix. Project costs covered by CPAU, including site assessment cost and loaner cost where applicable;
x. Summary of customer compliments and/or complaints, and reasons for rejection of proposed installations by customer;
xi. Customer referrals to other programs;
xii. Customer payments collected;
xiii. Records of customers’ Extended Parts and Labor Warranties.
CONSULTANT will revise and update the above list of Program data as directed by CITY.
CITY will own all customer information and Program data. CONSULTANT will adhere to the CITY’s Exhibit E - Information Privacy Policy and Exhibit F - Cybersecurity Terms and Conditions; specifically, CONSULTANT will protect the confidentiality of all customer information and Program data used, prevent any sale or release of such information and data to third parties unless agreed upon in writing by the customer, and ensure CITY has secure access to all customer information and data collected through the CIS.
Task 1.3 Deliverable: Successful integration of customer data from CONSULTANT’s system(s) into CITY’s Program Tracking Platform
Task 1.4: Set up and testing of Program invoice and rebate submission
CONSULTANT shall work closely with CPAU to streamline the submission of project invoices and rebate applications. CPAU may require CONSULTANT utilize Rock Rabbit software to submit rebate applications.
Task 1.4 Deliverables: Completion of user testing to submit project invoices and rebate applications.
Task 1.5 Provide Eligible Measure List Updates
Sixty days before the start of each fiscal year, or as requested by CITY but no more than two (2) times per fiscal year, CONSULTANT will provide to the CITY proposed updates of Table C-1 for CITY review and approval. The proposed tables will include any new Eligible Measures proposed by CITY or CONSULTANT as well as changes to effective time periods that reflect measures no longer offered.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
30 Packet Pg. 221 of 377
Professional Services
Rev. Jan 29, 2024
Task 1.5 Deliverable: Eligible Measure List Updates
Task 1.6 Enroll in State or Local Financing Programs
CONSULTANT will enroll in GoGreen Financing, the public-facing platform of the California Hub for Energy Efficiency Financing, as a qualified CONSULTANT to provide energy efficiency and electrification installation services in Santa Clara County. When CONSULTANT is successfully enrolled in GoGreen Financing, CONSULTANT will provide CITY a link to the public-facing financing program website for Santa Clara County documenting CONSULTANT’s enrollment or provide CITY with a letter certifying CONSULTANT’s enrollment in the program in Santa Clara County.
If mutually agreeable, CONSULTANT will enroll in additional financing programs or enlist third-party financial partners, such as National Energy Improvement Fund, to provide lending services.
CONSULTANT will update the Program Participation Agreement with financing programs which CONSULTANT is enrolled in and promote these financing programs to customers participating in the Program.
Task 1.6 Deliverable: Listing on public-facing financing program website or letters certifying CONSULTANT’s enrollment
TASK 2 - PROGRAM IMPLEMENTATION
CONSULTANT shall intake customers, assess their projects, install water heaters, provide post- installation customer service, resolve customer issues, gather customer feedback, and process invoices to CPAU and customers.
Task 2.1 Implement Marketing and Outreach Activities
CONSULTANT will market the Program in collaboration with CITY.
Task 2.1 Deliverable: Ongoing collaboration with CITY in marketing and outreach activities to promote Program.
Task 2.2: Develop Customer Intake & hotline
CONSULTANT shall collaborate with CPAU to create an emergency water heater replacement hotline and determine the most appropriate customer intake process with mutually agreed upon protocols to ensure that customers can access service outside of standard business hours, where required.
Task 2.2 Deliverable: Create and maintain an emergency water heater replacement hotline within 30 days of contract award
Task 2.3 Perform Customer Site Assessments and Deliver Customer Estimate Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
31 Packet Pg. 222 of 377
Professional Services
Rev. Jan 29, 2024
CONSULTANT will:
1) Respond to customer requests for an emergency water heater replacement and perform a site visit within 1 business day of the customer call to determine the emergency replacement scenario and applicable approaches. 2) Collect all data necessary during the customer site assessment to determine whether it is feasible to install a heat pump water heater on the day of the customer site visit or whether a temporary water heater will be necessary, and develop the Customer estimate.
3) Select equipment sizing, model, and configure in accordance with the Program Guidelines; perform electric load calculations or other assessments as needed. 4) Provide project estimate to customer including itemization of any customer deposit required toward loaner equipment where applicable. CONSULTANT will offer to review the estimate with the customer by phone, online chat, or mutually agreeable communication channel, to explain the findings, address any questions, and begin planning for an installation.
CITY reserves the right to accompany CONSULTANT during Customer Site Assessment visits.
Task 2.3 Deliverable: One site assessment and project estimate for each eligible customer within 1 business day of customer calling the hotline.
Task 2.4 Execute Program Participation Agreement, Collect Customer Payments, and Enroll Customers in Financing Programs
After completing Task 2.4 with the customer, CONSULTANT will:
1) Provide the Program Participation Agreement to the customer and obtain customer’s signature;
2) As necessary, CONSULTANT will coordinate with the customer to correct any errors or omissions in the Program Participation Agreement;
3) Assist customer in understanding any payments that are the customer’s responsibility, such as Customer payments, payments for Electrification Site Preparation Services and associated labor rates, and Extended Parts and Labor Warranties; 4) Assist customer in understanding CITY-approved financing programs, options, and payment terms;
5) Collect any customer payments including Customer payments, payments for Electrification Site Preparation Services and associated labor rates, and Extended Parts and Labor Warranties;
6) Assist interested customers with enrollment in GoGreen and potentially other CITY- approved State or local financing programs.
Task 2.5 Install Measures and Provide Post-Installation Quality Control
CONSULTANT will begin installation work to restore hot water within 2 business days of customer request:
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
32 Packet Pg. 223 of 377
Professional Services
Rev. Jan 29, 2024
1) Apply for and obtain any required permits on the customer’s behalf; 2) Install Eligible Measures in accordance with all applicable federal and state laws and building codes, manufacturer’s specifications and City of Palo Alto permitting requirements;
a. CONSULTANT will hold the appropriate license(s) for any installation and work performed under this Agreement.
b. CONSULTANT will notify CITY Project Manager of any delays which may result in exceedance of target for hot water restoration within 2 business days. c. If a loaner water heater is installed, CONSULTANT shall create and provide to customer a Scope of Work for the final heat pump water heater installation within 6 weeks, with exceptions for electrical panel or electrical service upgrade delays. d. If a customer receives a loaner and chooses not to proceed with a heat pump water heater installation, customer will be obligated to either return the loaner within 60 days, or CONSULTANT shall keep the emergency loaner deposit. 3) Implement the quality assurance and quality control plan to verify each project has been installed properly and documented accurately;
4) Upon completion of heat pump water heater installation, assist customers in understanding equipment operation, including programming and performing preventative maintenance;
5) Provide customer with technical manuals and warranty documentation; 6) Remain available throughout the installation process to answer questions from customers or CITY about projects. As needed, CONSULTANT will direct customers to appropriate CITY resources or vendors for questions related to other CITY programs;
7) Obtain final inspections and complete the job closure paperwork for all installed Measures;
8) Update project information in Quickbase (or CITY’s chosen program platform) with completed project installation data and invoice information for inclusion in the Program Report and Program Invoice;
9) Provide customers, at a minimum, a one (1) year warranty for all measures installed under the Program, effective from the date of installation. CONSULTANT will ensure that all manufacturer product warranties held by CONSULTANT will be transferred to the customer upon installation.
a. CONSULTANT shall respond to workmanship warranty calls as needed and assist customer in responding to product warranty issues. Address all workmanship and product replacement warranty issues to reasonable customer satisfaction.
CITY reserves the right to accompany CONSULTANT during project installation and final Inspection, with the condition that this would in no way impede or delay CONSULTANTS provision of service to customer.
Task 2.5 Deliverable: Provide timely Heat Pump Water Heater installation services as needed and where infeasible, provide referrals.
Task 2.6 Provide Customer Service, Feedback and Issue Resolution Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
33 Packet Pg. 224 of 377
Professional Services
Rev. Jan 29, 2024
CONSULTANT will collaborate with CITY to create a dedicated phone number available on customer-facing materials as directed by CITY for all CITY customer contacts to schedule Site Assessments, provide Program information, and answer customer inquiries during normal business hours, Monday through Friday between 8 AM – 5 PM, as well as a rollover arrangement for afterhours service.
CONSULTANT will request customer feedback as described in Customer Feedback Form.
CONSULTANT will transmit customer feedback data to CITY’s Program tracking platform.
CONSULTANT will provide monthly customer feedback results to CITY in CONSULTANT’s monthly invoicing and reporting.
CONSULTANT will address and attempt to resolve all customer issues discovered through either survey feedback or other means of customer contact within five (5) business days of receiving feedback. CONSULTANT will document all such customer issues, actions taken to resolve them, and outcomes and report them to CITY. If CONSULTANT cannot resolve Program-related issues to the customer’s satisfaction within five (5) business days, CONSULTANT will immediately provide CITY with a detailed description of each complaint, including the customer’s name and contact information and any other information requested by CITY.
CONSULTANT will pursue continuous improvements in delivery of Services provided under this Agreement to customers to drive customer satisfaction and will revise its processes, procedures and documents as directed by CITY to ensure customer satisfaction.
Customer feedback issues will be tracked by CONSULTANT using the monthly reports, as well as a completed Customer Feedback Form. CITY may separately survey Program participants regarding CONSULTANT’s performance.
TASK 3 – PROGRAM INVOICING AND REPORTING
Task 3.1 Data Management
CONSULTANT will export Program data to CITY‘s Program tracking platform.
CONSULTANT will update the CITY’s Program platform with project information gathered from Customer Site Assessments and completed project installations. CONSULTANT will track detailed customer information such as challenges encountered in Program implementation and proposed solutions.
CONSULTANT will respond to CITY’s written data requests within 30 calendar days to meet evaluation, measurement, and verification (“EM&V”) and other regulatory requirements.
Task 3.2 Reporting
CONSULTANT will provide completed Program Reports to CITY on CITY-approved reporting templates on a monthly basis.
Program Reports are critical to the success of the Services described herein, and therefore CONSULTANT’s timely submittal of complete and accurate Program Reports is required Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
34 Packet Pg. 225 of 377
Professional Services
Rev. Jan 29, 2024
in order for CONSULTANT to receive payments under this Agreement.
Task 3.3 Invoicing
Using the Program Invoice Template, CONSULTANT will invoice CITY on a monthly basis consistent with Section 5 of the Agreement and in accordance with the specific guidelines set forth in this Exhibit “A” and in Exhibit “C”, “Compensation” through the CITY’s designated submission approach or system. CITY will reimburse CONSULTANT for site assessments, City Permit Fee, and loaner water heater expenses; all other expenses will be the responsibility of the customer to pay and CONSULTANT to collect. In the event that a customer discontinues their heat pump water heater installation, CONSULTANT can keep the loaner water heater down payment from the customer and City will only reimburse CONSULTANT for site assessment of that canceled project.
Proper record-keeping is critical for the success of the Services described herein. As such, CONSULTANT must timely and accurately provide the following elements in order to receive payment for Services under this Agreement:
i. Completed Program Invoice Template;
ii. Executed Customer Site Assessment Agreement for each project; iii. Executed Program Participation Agreement for each project; iv. Completed Customer Feedback Form for each project (for customers who have completed Feedback Forms);
v. Completed project installation and invoice information for each project entered into CITY Program platform in a mutually agreed upon format.
CONSULTANT shall invoice CPAU for the agreed-upon fee for loaner installation, permit fee, and the agreed-upon fee for site assessments.
Task 3.3 Deliverable: Upon passing final permit inspection, CONSULTANT will invoice CPAU for the agreed upon CITY project contributions.
TASK 4 – PROGRAM CLOSE OUT
Task 4.1 Resolve Outstanding Jobs in Progress
CONSULTANT will complete all outstanding projects in progress and resolve any complaints from previously completed projects as a prerequisite for CITY to process CONSULTANT’s invoices.
Task 4.2 Develop and Submit Program Final Report
CONSULTANT will submit a final Program report, which includes a written overview of the Program and a spreadsheet detailing the itemized and total Program costs. The Program Final Report will include Program achievements, challenges, goals, and lessons learned. CONSULTANT will deliver the Program Final Report within 30 calendar days before the end of the Term.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
35 Packet Pg. 226 of 377
Professional Services
Rev. Jan 29, 2024
Task 4.2 Deliverable: Program Final Report
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
36 Packet Pg. 227 of 377
Professional Services
Rev. Jan 29, 2024
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones Completion
Number of Days/Weeks (as
specified below) from NTP
Task 1 HPWH ER Kick-off and Set up
Task 1.1 HPWH ER Kick-off
Task 1.2 Develop HPWH ER Pilot Documents
Task 1.2.1 Develop Program Policies and Procedures Manual Task 1.2.2 Develop Customer Site Assessment Report and Estimate Task 1.2.3 Develop Customer Site Assessment Agreement
Task 1.2.4 Develop Program Participation Agreement
Task 1.2.5 Develop Customer Feedback Forms
Task 1.2.6 Develop Program Report Template
Task 1.2.7 Develop Program Invoice Template
Task 1.3 Transmit Customer Information to CITY’s Program Tracking Database Task 1.4 Setup and testing of program invoice and rebate submission Task 1.5 Provide Eligible Measure List Updates
Task 1.6 Enroll in State or Local Financing Programs
30 days
Task 2 Program Implementation
Task 2.1 Implement Marketing and Outreach Activities
Task 2.2 Develop Customer Intake & hotline
Task 2.3 Perform Customer Site Assessment and Deliver Customer Estimate Task 2.4 Execute Program Participation Agreement, Collect Customer Payments, and Enroll Customers in Financing Programs
Task 2.5 Install Measures and Provide Post-Installation Quality Control Task 2.6 Provide Customer Service, Feedback and Issue Resolution
Ongoing
Task 3 Program Invoicing and Reporting
Task 3.1 Data Management
Task 3.2 Reporting
Task 3.3 Invoicing
Ongoing
Task 4 Program Close Out
Task 4.1 Resolve Outstanding Jobs in Progress
Task 4.2 Develop and Submit Program Report
Ongoing
Within 30 days
before end of Term
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
37 Packet Pg. 228 of 377
Professional Services
Rev. Jan 29, 2024
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
38 Packet Pg. 229 of 377
Professional Services
Rev. Jan 29, 2024
EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all S ervices, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated 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.
CONSULTANT understands that CONSULTANT’s receipt of compensation under this Agreement will depend on the number of customers who opt to participate in the HPWH ER Pilot Programs by executing Program Participation Agreements binding them to pay for any Eligible Measures installed, and CONSULTANT’s satisfactory completion of invoicing activities as described in Exhibit A. CITY makes no guarantee, express or implied, regarding the number of customers who will participate in programs covered by this Agreement.
The CITY bears no responsibility for any of CONSULTANT’s costs and/or compensation to CONSULTANT associated with customer payments, CONSULTANT’s performance of any of the Electrification Site Preparation Services, including Electrification Labor Rates, or CONSULTANT’s delivery of Extended Parts and Labor Warranties for any of the Program Eligible Measures. All such compensation will remain the sole the responsibility of customers who may elect to participate in the HPWH ER Pilot Program. (see Exhibit A).
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 reimburs able under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
39 Packet Pg. 230 of 377
Professional Services
Rev. Jan 29, 2024
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
40 Packet Pg. 231 of 377
Professional Services
Rev. Jan 29, 2024
EXHIBIT C-1
SCHEDULE OF RATES
The figures set forth in this Exhibit C-1 include all of CONSULTANT’s costs to perform all of the Services listed in this Agreement that correspond to that Eligible Measure, including, without limitation, CONSULTANT’s administrative costs, marketing and outreach costs, implementation (materials and labor) costs, Electrification Site Preparation Services, Electrification Labor Rates and Extended Parts and Labor Warranty costs. No additional fees or charges will be required of CITY or its customers for CONSULTANT to perform the Services listed in this Agreement.
CONSULTANT’s schedule of rates is as follows:
Eligible Measure Description of Measure Cost to
Customer
(not payable
by City):*
Installed cost
per unit (incl
equipment +
labor) ($)
Cost to City:
Installed cost
per unit (incl
equipment +
labor) ($)
Heat pump water
heater (80 gallon,
240V) - weekday
hours
Remove existing gas water heater,
properly dispose of the old water heater
and platform, cap the gas line, install the
drain pan, install the heat pump water
heater and condensate draining per
manufacturer’s instruction based on
location, install new safety straps meeting
code, install noise and vibration reduction
components (flexible pipe connectors,
rubber mat, rubber grommet at pipe-wall
penetrations, rubber grommet where
seismic strapping meets wall,) install
expansion tank, complete job closure
paperwork, repair and paint walls to
original condition as required, standard
one (1) year labor warranty, and
manufacturer's product warranty.
$8,770 N/A
Heat pump water
heater (65 gallon,
240V) - weekday
hours
$6,850 N/A
Heat pump water
heater (50 gallon,
240V) - weekday
hours
$6,630 N/A
Heat pump water
heater (80 gallon,
120V) - weekday
hours
$8,990 N/A
Heat pump water
heater (65 gallon,
120V) - weekday
hours
$7,150 N/A
Emergency water
heater loaner -
weekday hours
Replace-in-kind tank-type water heater
from loaner-reuse supply, properly
dispose of old water heater. When
replacing with HPWH at a later date,
keep loaner equipment for future projects.
N/A $1,800
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
41 Packet Pg. 232 of 377
Professional Services
Rev. Jan 29, 2024
The customer shall pay the $1800 at the
time it is installed. The amount will be
considered a “down payment” towards
their electrification and noted on the final
invoice as a credit from the CITY.
Assessment and
Project Estimate -
with
phone/chat/email
support 24/7
Utilizing Plunjr + QuitCarbon platform -
all homes will receive an assessment and
a Project Estimate - this row covers
remote service (not in-person at the
homeowner's home)
N/A $250
(Optional) Site
visit for
assessment and
project Estimate -
normal weekday
hours -
When Larratt Bros staff go on-site to
perform assessment and prepare a Project
Estimate. Note that this charge is instead
of, not in addition to the virtual
assessment charge above.
N/A $295
Permit
Coordination,
Optional use for inspectors to use Plunjr
app, at the discretion of the City.
$500 N/A
Permit cost The cost of the HPWH permit will be
covered by the City.
N/A $247, subjected
to annual
adjustment to
permit cost
Non-standard Site Preparation and/or Installation Services costs for a HPWH installation
Install 18" X 24"
Louver Vents into
existing door
$125 N/A
Provide and
Install
Condensate Pump
$165 N/A
Plumb out
Temperature-
Pressure Relief
Valve and
condensate to
exterior away
from foundation
per building code
requirements
$500 N/A
Provide and
Install
Thermostatic
Mixing Valve
$500 N/A
Electrician, labor
hours
Per Hour Price. Non-standard labor costs
will be estimated as part of the Project
Estimate phase.
$210 N/A
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
42 Packet Pg. 233 of 377
Professional Services
Rev. Jan 29, 2024
Plumber, labor
hours
Per Hour Price. Non-standard labor costs
will be estimated as part of the Project
Estimate phase.
$210 N/A
Electrical services
Install a new
circuit breaker
and up to 30 ft
circuit between
HPWH and
electrical panel
$1,650 N/A
Additional Circuit
run (per
additional 50
feet)
$1,450 N/A
Electric panel
replacement
Remove existing electrical panel,
properly dispose of old equipment,
replace with new panel including
capability for future home electrification
and EV readiness, include two additional
reserve breaker spaces above and beyond
electrification readiness, replace circuit
breakers as required, repair and paint
walls to original condition as required,
standard one (1) year labor warranty, and
manufacturer's product warranty.
Time and
Materials -
this work is
highly variable
in cost, and
cannot be
reduced to a
single pre-
determined
price
N/A
Sub-panel
replacement /
installation
Add electrical subpanel, properly dispose
of old equipment, ensure home includes
capability for future home electrification
and EV readiness, include two additional
reserve breaker spaces above and beyond
electrification readiness, replace circuit
breakers as required, repair and paint
walls to original condition as required,
standard one (1) year labor warranty, and
manufacturer's product warranty.
$1,650 N/A
Install space-
saver quad
breaker (tandem
breaker)
Remove existing 120V standard-width
breaker, install tandem breaker to
maximize use of physical space in panel.
$250 N/A
Program Set Up Costs - Pilot kick off, Develop Pilot documents, Set up and testing of project invoice submissions and rebate applications.
Larratt Bros set
up
Includes a maximum of 16 person/hours
of meetings for Larratt Bros staff.
Additional meeting time is noted in
Comments section below.
N/A $5,500
QuitCarbon set Includes a maximum of 8 person/hours of N/A $2,000 Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
43 Packet Pg. 234 of 377
Professional Services
Rev. Jan 29, 2024
up meetings for QuitCarbon staff. Additional
meeting time is noted in Comments
section below.
Total N/A $7,500
Optional Additional Measures
Heat pump water
heater (80 gallon,
240V) -
weeknight,
weekend, holiday
hours
$10,197 N/A
Heat pump water
heater (65 gallon,
240V) -
weeknight,
weekend, holiday
hours
$8,085 N/A
Heat pump water
heater (50 gallon,
240V) -
weeknight,
weekend, holiday
hours
$7,293 N/A
Heat pump water
heater (80 gallon,
120V) -
weeknight,
weekend, holiday
hours
$10,232 N/A
Heat pump water
heater (65 gallon,
120V) -
weeknight,
weekend, holiday
hours
$8,201 N/A
Emergency gas
water heater
loaner -
weeknight,
weekend, holiday
hours
$500 $1,800
Project
Assessment &
estimate - remote
- weeknight,
weekend, holiday
hours
Utilizing Plunjr + Larratt Bros call center
staff, with the benefit of QuitCarbon
virtual assessments - note that some
homes will receive this remote project bid
during non-weekday business hours
N/A $250
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
44 Packet Pg. 235 of 377
Professional Services
Rev. Jan 29, 2024
(Optional) Site
visit for
assessment and
project estimate-
weeknight,
weekend, holiday
hours - upcharge
When Larratt Bros staff go on-site to
perform assessment and/or prepare a bid
outside of normal business hours, this
additional charge will apply. Note that
this charge is instead of, not in addition
to, the site visits during normal business
hours that is noted in the first section
above.
$155 $295
Electrician
Hourly Rate -
weeknight,
weekend, holiday
hours
Per Hour Price. Non-standard labor costs
will be estimated as part of the Project
Estimate phase.
$400 N/A
Plumber Hourly
Rate - weeknight,
weekend, holiday
hours
Per Hour Price. Non-standard labor costs
will be estimated as part of the Project
Estimate phase.
$400 N/A
Extended Parts
and labor
warranty
Include 2 yr warranty from the date of
installation
$500 N/A
Meetings, in excess of those listed in project Scope $150/hour Parts and labor shall be covered for one year. $0
Water Heaters installed in basements, attics, or any other place other than the garage or outside (ground level) closet shall be accessed with an additional cost. Protection of floors, walls, or other finishes shall be assessed on an individual basis and the cost will vary depending on the level of protection required.
$500-$1,000+
* Note that the Costs to the Customer detailed here are not payable by the City and are only included here to establish the agreed upon pricing to be charged by CONSULTANT to customers.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
45 Packet Pg. 236 of 377
Professional Services
Rev. Jan 29, 2024
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 SUBCONTRACTORS , IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. 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.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
46 Packet Pg. 237 of 377
Professional Services
Rev. Jan 29, 2024
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:
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
47 Packet Pg. 238 of 377
POLICYS
Thispolic
public in
storedan
“Users”)
complian
the City.
damage,
User,or
third par
reportlo
procedur
employe
this poli
disciplina
withFed
PURPOSE
Informat
proprieta
shall use
unauthor
use.Bec
to its se
exercise
procedur
PROCEDU
IThasad
informa
and the
thispolic
TATEMENT
cydescribes
nformation
ndtransmitt
must main
nceofNonͲP
. The failure
liabilityorl
anyperson
rty vendors
oss,damage
re to their
edesignate
icy and pro
aryorother
eral,Californ
E
tion pertain
arycapacitie
e best effort
rized acces
causetheCit
ensitive natu
reasonable
reapplieson
URES
doptedInfor
ndtrainaut
Standards. T
cy.
I
stheinform
(the “NonͲP
tedbytheC
tain the acc
PublicInform
e to comply
ossinregar
whotransac
, and other
ordisclosur
supervisor
dbytheCity
ocedures, in
actionimpo
niaandCity
ing to the
es,isavitala
ts to protect
ss, availab
tyisrequire
ure and val
and approp
nlytoanAut
rmationSecu
horizeduse
The authori
Pa
NFORMATIO
ationsecuri
Public Infor
CityofPalo
cessibility, a
mationcreat
y with this
rdtothepro
ctsbusiness
r governme
eofNonͲPu
or the Info
y’sInformat
ncluding th
osedortake
laws,ordina
business o
assetofthe
t the inform
ility, altera
edbyapplica
lue, an Aut
priate care
thorizedUse
urityStanda
rsonthere
zed user sh
age1of4
ONSECURITY
typolicyan
rmation”) cr
Alto(the“C
availability, c
ted,collecte
policy and
opertyorrep
withtheCit
ntal agencie
blicInforma
ormation Se
tionTechnol
e failure to
nbytheCity
ances,rules
of the City,
City.AnAu
mation cover
ation, dest
ablelawto
horized Use
in conformi
er’saccessto
rds(the“St
quirements
all comply w
PO
YPOLICY
dprocedure
reated, coll
City”).City
confidential
d,processed
procedures
putationoft
ty,including
es. Authori
ationorothe
ecurity Man
logyDepartm
o report th
yorotheraf
andregulat
acting in
thorizedUse
red by this
truction, d
protectthe
er of the N
ing to appli
oanduseof
andards”)to
containedi
with the Sta
OLICYANDPRO
Revise
esforthepr
ected, proc
employees
ity, integrity
d,storedan
s could resu
theCity,ano
gtheCity’su
ized Users
erviolationo
nager (the
ment(the“
he violation
ffectedpers
ions.
both its go
erofNonͲPu
policy and
isclosure,
NonͲPublic
NonͲPublic I
icable laws.
fNonͲPublic
oenforceth
nthispolicy
andards, in c
OCEDURES1Ͳ
ed:December
rotectionof
cessed, rece
andofficials
y and regul
ndtransmitte
ult in substa
otherAutho
utilitycustom
are obligate
ofthispolicy
“ISM”) or o
IT”).Violati
n, could inc
oninaccord
overnmental
ublicInform
procedures
modification
Information
nformation
This policy
Information
hispolicy.IT
yandproced
conjunction
Ͳ63/IT
r2017
nonͲ
eived,
s(the
atory
edby
antial
orized
mers,
ed to
yand
other
onof
clude
dance
l and
ation
from
n or
ndue
shall
y and
n.
Tshall
dures
with
DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750
EXHIBIT E
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
48 Packet Pg. 239 of 377
POLICYANDPROCEDURES1Ͳ63/IT
Revised:December2017
Page2of4
A. Covered EquipmentandDevices
ThispolicyappliestoallCityͲapproved,Ͳownedor–leasedcomputernetworksystemsand peripheralequipment(the“Equipment”),includinganymobilecommunicationdevice(the “Device”), whether or not owned by an Authorized User, that may be used to create, collect,process,storeandtransmittheNonͲPublicInformation. B. Roles ofInformationTechnologyDepartmentandOthers IT,includingtheChiefInformation Officer(“CIO”)andtheISM,shall promoteinformation securityawarenesswithintheCitygovernmentcommunity,andshallreceiveandmaintain reportsofincidents,malfunctionsandthreatstotheCity’sinformationtechnologyassets, whichmayhaveasecurityimpactupontheCity.TheCIOandISMarealsoresponsiblefor developingtheStandards.
ITshallberesponsibleforthedesign,primaryenforcementandmaintenanceofNonͲPublic Informationsecuritythrougheducation,trainingandothermeans.ITshallensurethatthe followingcontrolmeasuresandstandardsareenabledoneveryEquipmentandDevice: LimitphysicalandloginaccesstotheEquipmentandtheDevicestoAuthorizedUsers. MaintainthemostcurrentsoftwarepatchesandantiͲvirussoftwarefortheEquipmentand theDevices.
EnableandusehostͲbasedfirewalls,asavailable,toensurethesecurityoftheEquipment andtheDevice(s).PerformregularsecurityscansontheEquipmentandtheDevice(s). C. User AccessControlRequirements
1. Do notaccessNonͲPublicInformationexcepttotheextentyouhaveaneedtodoso inordertoperformyourCityduties.
2. Do notdiscloseorshareNonͲPublicInformationwithanypersonwhodoesnothave both a right to access the NonͲPublic Information and a need to do so in order to performtheirCityduties.
3. Do not alter or destroy NonͲPublic Information except to the extent you are requiredorauthorizedtodoso.
4. An Authorized User who has access to NonͲPublic Information shall protect and securethatinformationwhiletheinformation isinhis or hercustodyinamanner that is consistent with applicable contract and legal requirements and restrictions andisreasonableandappropriatetothelevelofrisk,sensitivityorvaluetheNonͲ PublicInformationhastotheCity.
5. An Authorized User shall maintain the accessibility, availability, confidentiality, integrity and regulatory compliance of any NonͲPublic Information that is created, DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750 Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
49 Packet Pg. 240 of 377
POLICYANDPROCEDURES1Ͳ63/IT
Revised:December2017
Page3of4
collected, processed, stored and transmitted by the City on a 24 hoursͲperͲday, 7 daysͲperͲweek(“24/7”)basis.
6. An Authorized User shall maintain the protection of information assets from malicious code, including viruses and malware by following the City’s incident management procedures, including detection, prevention, isolation, and recovery tools.
D. Equipment andDevicesSecurityControlRequirements:
1. Secure your Equipment and Devices by using a screen saver or builtͲin lock featurewhenyouarephysicallyawayfromyourofficeorotherworkspace.
2. Restrict physicalaccess24/7toyourEquipmentandDevices,inparticular,your laptopcomputer,byalockandsecuritycable,iftheCitymakesthemavailable.
3. Maintain possessionofyourDevice(s)24/7andrequireapasswordorfingerprint toaccessandusetheDevice(s).
4. Log outwhenyouceaseaccessanduseofEquipmentandDevice(s).
5. Notify theITHelpDeskandtheISMimmediatelywheneveryoubecomeaware or suspect NonͲPublic Information, passwords, or other access control mechanismshavebeencompromised,disclosed,lost,orstolen.
6. Do not intentionally, recklessly or willfully alter, damage, or misuse any CityͲ ownedor–leasedEquipmentorDevice.
7. The usershallcomplywiththePolicyandtheStandardswheneverheorsheuses aCityOwnedMobileDevice(“COMD”)andorEmployeeͲOwnedMobileDevices, alsoknownasBringYourOwnDevices(“BYOD”)toconducttheCitybusiness.
8. BYODs and COMDs include smartphones, cell phones, tablets PCs (Androids, iPads,etc.)anduserͲownlaptops.OnlyauthorizedBYODshallhaveaccesstothe onlyauthorizedCity’sapplicationsystems.TheCityreservestherighttoprovide orwithdrawaccesstotheCityinfrastructurewithoutnotice. E. Utilities’ CustomerIdentityandCreditSecurity
FederalregulationsamendingtheFairCreditReportingAct,includingtheFairandAccurate Credit Transactions Act of 2003 (FACT Act), and the Red Flags Clarification Act of 2010, protecttheNonͲPublicInformationofcustomersoffinancialinstitutions,includingutilities, that are defined as “creditors.” These regulations require that consumer’s NonͲPublic Information,suchascreditcarddata,SocialSecurityNumbers,driver’slicensenumbers,or similar data be secured by Authorized Users and within the City’s data management systems.AuthorizedUsersarerequiredtoreportanysuspectedorrealbreachofUtilities NonͲPublicInformationtotheISMimmediately.TheISMwillidentify,detect,preventand mitigatethesuspected,realorfuturebreachesofsecurity,asrequiredbytheregulations. F. Violations andEnforcement
An Authorized User must report an actual or suspected violation of this policy and procedurestohisorhersupervisorandIT.TheCitywillnotdisciplineanAuthorizedUser DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750 Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
50 Packet Pg. 241 of 377
POLICYANDPROCEDURES1Ͳ63/IT
Revised:December2017
Page4of4
formakingagoodfaithreportofapotentialviolationofthispolicyandproceduresorthe Standards.
AviolationofthispolicywillbeinvestigatedbytheappropriateCitystaffandifaviolationis established,disciplinaryactionuptoterminationfromemploymentmayresult. NOTE: Questions regarding this policy should be referred to the Information Technology Department,asappropriate.
Recommended:__________________________________ ________________ DirectorInformationTechnology/CIO Date
Approved: ___________________________________ _________________ CityManager Date
DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
51 Packet Pg. 242 of 377
City of Palo Alto
Information Security
Document Version: V3.0
Doc: InfoSec 110
Pag e 1 of 3
EXHIBIT “F”
CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privac y 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 servic es from the City or selling goods and services to the City, inc luding, 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, desc ribed 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 Cons ultant shall fulfill the data and information s ecurity 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 s upport the environment, including disaster recov ery 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 Cons
ultant shall at all times during the term of any contract between the City and the Consultant:
(a) Appoi
nt 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) H ave 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: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
52 Packet Pg. 243 of 377
City of Palo Alto
Information Security
Document Version: V3.0
Doc: InfoSec 110
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.
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
53 Packet Pg. 244 of 377
City of Palo Alto
Information Security
Document Version: V3.0
Doc: InfoSec 110
(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) U nless 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:
Docusign Envelope ID: 89609063-B82E-438D-9D8F-CC67956E95A7 Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
54 Packet Pg. 245 of 377
Certificate Of Completion
Envelope Id: 89609063B82E438D9D8FCC67956E95A7
Status: Completed
Subject: Complete with Docusign: S25190354 Larrett contract final combined.pdf Source Envelope:
Document Pages: 45
Signatures: 4
Envelope Originator:
Certificate Pages: 5
Initials: 0
Annmarie Romero
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
Status: Original
8/6/2024 10:06:11 AM
Holder: Annmarie Romero
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Palo Alto
Location: DocuSign
Signer Events
Signature
Timestamp
Aaron Gianni
[email protected]
President
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.251.59.103
Signed using mobile
Sent: 8/6/2024 10:09:11 AM
Viewed: 8/6/2024 10:42:00 AM
Signed: 8/6/2024 10:43:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alex Perez
[email protected]
Service Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.126.2.91
Sent: 8/6/2024 10:43:36 AM
Viewed: 8/6/2024 11:44:39 AM
Signed: 8/6/2024 11:46:27 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Amy Bartell
[email protected]
Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.101.211.187
Sent: 8/6/2024 11:46:29 AM
Viewed: 8/6/2024 12:02:17 PM
Signed: 8/6/2024 12:03:25 PM
Electronic Record and Signature Disclosure:
Accepted: 7/16/2015 5:52:40 AM
ID: d8ecb53d-ef81-4016-8886-1560c48de42a
Cecilia Magana
[email protected]
Purchasing Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 8/6/2024 12:03:27 PM
Viewed: 8/6/2024 5:43:03 PM
Signed: 8/6/2024 5:43:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
55 Packet Pg. 246 of 377
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Diane Bailey
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/6/2024 5:43:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tabatha Boatwright
[email protected]
Utilities Management Analyst
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 8/6/2024 5:43:13 PM
Viewed: 8/8/2024 8:06:48 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
8/6/2024 10:09:11 AM
Certified Delivered
Security Checked
8/6/2024 5:43:03 PM
Signing Complete
Security Checked
8/6/2024 5:43:11 PM
Completed
Security Checked
8/6/2024 5:43:13 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
56 Packet Pg. 247 of 377
CONSUMER DISCLOSURE
From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
Electronic Record and Signature Disclosure created on: 10/1/2013 8:33:53 AM Parties agreed to: Amy Bartell
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
57 Packet Pg. 248 of 377
How to contact City of Palo Alto:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Palo Alto of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Palo Alto
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Palo Alto
To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to [email protected] and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
58 Packet Pg. 249 of 377
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO E LECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and
• I can print on paper the disclosure or save or sen d the disclosure to a place where I can print it, for future reference and access; and
• Until or unless I notify City of Palo Alto as desc ribed above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you.
Item 7
Attachment B - Contract
with Larratt Brothers,
Contract S25190354
Item 7: Staff Report
Pg.
59 Packet Pg. 250 of 377
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: IT Department
Meeting Date: October 21, 2024
Report #:2408-3351
TITLE
Approval of Contract Amendment No. 3 to Contract No. S18171325 with ESO Solutions for a 5- Year Extension, Increasing the Total Not-to-Exceed (NTE) Amount by $150,007 to $277,155 for the Fire Department's Records Management System (RMS) and Electronic Patient Care Reporting (ePCR) Software; CEQA Status: Not a Project
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or their designee to execute Amendment No. 3 Contract S18171325 with ESO Solutions Inc. (Attachment A) for Fire Department Operations and Response Management Platform in an amount not-to-exceed (NTE) $151,007 and extend for an additional 5-years through September 29, 2029. This amendment results in a NTE total amount of $277,155.
BACKGROUND
The initial Contract No. S18168886 was awarded under PAMC 2.30.360(i) for a one-year term from July 10, 2017, to June 30, 2018, with a total value of $7,995. This project aimed to transition the Palo Alto Fire Department (PAFD) from paper-based patient care reports (PCR) to an electronic format, aligning with County, State, and National reporting mandates.
Following this, Contract No. S18171325 was awarded under PAMC 2.30.360(d) due to the absence of alternative sources, with a three-year term from September 30, 2018, to September 30, 2021, totaling $45,000. Amendment no. 1 extended this contract to September 29, 2024, with a revised NTE amount of $116,148. Subsequently, Amendment no. 2 allocated an additional $10,000 for optional EHR add-on software and increased reporting services, bringing the NTE value to $126,148.
ANALYSIS
The Palo Alto Fire Department (PAFD) seeks approval for Amendment No. 3 to Contract No.
S18171325, extending it by five years through September 29, 2029, and increasing the contract's NTE value by $151,007, totaling $277,155. This extension will ensure continued Item 8
Item 8 Staff Report
Item 8: Staff Report
Pg.
1 Packet Pg. 251 of 377
access to ESO’s Records Management System (RMS) and Patient Care Reporting (ePCR) software, which are integral to the City's Computer-Aided Dispatch (CAD) system. These tools are essential for maintaining Electronic Health Records (EHR) and National Fire Incident Reporting (NFIR) data. Despite exploring alternatives, ESO remains the most cost-effective option, with significantly lower recurring costs and fewer transition expenses.
Following the amendment to the current contract (Amendment 2 term), the PAFD/ITD had committed to Purchasing to initiate a Request for Proposal (RFP) process for a new contract.
City reached out to three vendors—ESO, HealthEMS, and ImageTrend Elite. After comparing quotes, staff found ESO to be the most cost-effective option. Switching to ImageTrend Elite or HealthEMS would incur significant additional costs in the first year ($47,523 and $48,608 respectively) and higher annual increases (ESO: 5%, HealthEMS: 6%, ImageTrend Elite: 7%).
Transitioning to a new vendor would involve significant expenses for initial setup, data migration, and employee training. Given the cost efficiency and PAFD's satisfaction with ESO, staff recommend continuing the partnership with ESO Solutions, Inc.
ESO provides the most cost-effective solution, with the following annual costs:
oYear 1: $27,779
oYear 2: $28,591
oYear 3: $30,020
oYear 4: $31,521
oYear 5: $33,098
The contract includes a not-to-exceed amount of $10,000 for the performance of any Add-on Software and/or increased reporting services. The total compensation for the Master Subscription and License Agreement services, including Add-on Software, will not exceed $277,155 over the contract term.
Based on operational disruption to the Fire Department, staff executed an exemption from competitive solicitation under PAMC 2.30.360(b)(2) due to the impracticality of soliciting new vendors, given the high costs and potential risks involved.
FISCAL/RESOURCE IMPACT
Funding for this contract amendment in FY 2025 is within budgeted levels adopted by the City Council, no additional funding is requested.
The Information Technology Department is funded by an internal service fund. Approximately 45% of the department is General Fund funded with the remaining 55% funded by Enterprise and special revenue funds. The cost for this contract is allocated directly to the Fire Department in the General Fund.
Item 8
Item 8 Staff Report
Item 8: Staff Report
Pg.
2 Packet Pg. 252 of 377
STAKEHOLDER ENGAGEMENT
The services were coordinated with internal stakeholders and the vendor. The Information Technology Department (ITD) met with PAFD to evaluate their business needs and documented their must-have features. ITD evaluated alternative solutions, but they would incur significantly higher initial setup and ongoing expenses. Given ESO’s cost-effectiveness and staff’s satisfaction with its performance, ESO remains the preferred choice.
ENVIRONMENTAL REVIEW
The approval of this contract is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENTS
Attachment A: ESO Solutions Contract S18171325 Amendment No. 3 APPROVED BY:
Darren Numoto, Chief Information Officer
Item 8
Item 8 Staff Report
Item 8: Staff Report
Pg.
3 Packet Pg. 253 of 377
(CONTRACT EXTENSION)
AMENDMENT NO. 3 TO
MASTER SUBSCRIPTION AND LICENSE AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND ESO SOLUTIONS, INC.
(PALO ALTO CONTRACT # S18171325)
This Amendment No. 3 (this “Amendment”) to Master Subscription and License Agreement (the “Agreement” as defined below) is made and entered into as of September 23, 2024 (the “Effective Date”) by and between ESO Solutions, Inc., a Texas corporation having its principal place of business at 11500 Alterra Parkway, Ste 100, Austin, TX 78758 (“ESO”), and the City of Palo Alto, having its principal place of business at 250 Hamilton Ave., Palo Alto, CA 94301 (“Customer”), (each a “Party” and collectively the “Parties”).
R E C I T A L S
WHEREAS, the Agreement (as defined below) was entered into by and between the Parties for the provision of software services, as detailed therein; and WHEREAS, the Parties entered into Amendment #1 in order to extend the term through September 29, 2024 and increase the amount of the Agreement accordingly, as detailed therein; and WHEREAS, the Parties entered into Amendment # 2 in order to allocate a budget in the am ount of Ten Thousand Dollars ($10,000) for optional Electronic Health Record (EHR) Add-on Software application(s) subscription and increased Reporting Services, as detailed therein WHEREAS, the Parties now wish to amend the Agreement to extend a 5-year software extension subscription for the term through September 29, 2029 with an additional One Hundred Fifty-One Thousand Seven Dollars and Zero Cents ($151,007) increase compensation value of the Agreement accordingly, as detailed herein;
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Customer and ESO mutually agree as follows:
1. Definitions. The following definitions shall apply to this Amendment:
a Agreement. The term “Agreement” shall mean the Master Subscription and License Agreement effectively dated September 30, 2018 between Customer and ESO, as amended by:
• Amendment No. 1, dated July 27, 2021
• Amendment No. 2, dated March 6, 2023
b Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Agreement.
2. The second sentence of the first paragraph of the Agreement is hereby amended to read as follows:
“This Agreement hereb y attaches and incorporates herein the following documents by reference as Docusign Envelope ID: 89DE245A-C133-4998-91C6-9CE10CF8EBFA Item 8
Attachment A - ESO
Solutions Contract
S18171325 Amendment
No. 3
Item 8: Staff Report
Pg.
4 Packet Pg. 254 of 377
though fully set forth herein: the General Terms & Conditions, Exhibit A -1, Exhibit A-1b, Exhibit A- 1c, and Exhibit A -1z (collectively, the “Software Schedules”), EHR Schedule of R ates), Exhibit B (“Support Services Addendum”), and Exhibit C (“HIPAA Business Associate Addendum”).”
3. Section 5.6 of the Agreement is hereby amended to read as follows:
“5.6 Optional Add-on Software or increased Reporting Services Provision (This provision applies , only if needed by Customer, for Add-On Software subscription or increased tier Reporting Services fees. The budget will allocate additional funding to Exhibit A-1z.)
In addition to recurring compensation specified in Exhibit A-1(b&c), Customer has set aside the not-to- exceed compensation amount of Ten Thousand Dollars ($10,000) for the performance of any Add-on Software and/or increased Reporting Services (as defined in Exhibit A-1, Exhibit A-1b, Exhibit A-1c, Exhibit A -1zz). The total compensation for performance of the Master Subscription and License Agreement services and Add-on Software, shall not exceed Two Hundred Seventy -Seven Thousand One Hundred Fifty -Four Dollars and Ninety Cents ($277,154.90), as detailed in Exhi bit A-1z, Amendment No. 3.
ESO will provide optional “Add-on Software application only by advanced written authorization from the Customer, which shall be incorporated as a part of this Agreement.”
4. Exhibit A-1z to the Agreement, entitled “EXHIBIT A-1z MASTER FEE SUMMARY, AMENDMENT NO. 2” is hereby deleted and replaced in its entirety with Exhibit A-1z, as attached to this Amendment, entitled “EXHIBIT A -1z MASTER FEE SUMMARY, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS),” which is hereby attached and incorporated into this Amendment and into the Agreement in full by reference.
5. Legal Effect. The Parties agree that the terms and conditions of this Amendment modify the terms and conditions contained in the Agreement. Except as modified in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. Taken together this Amendment and the Agreement (including exhibits) constitute the entire agreement between the Parties regarding the subject matter contained collectively herein.
6. Counterparts; Execution . This Amendment may be executed by the Parties individually or in any combination, in one or more counterparts, each of which shall be an original and all of which shall together constitute one and the same agreement. Execution and delivery of this Amendment by the Parties shall be legally valid and effective through: (i) executing and delivering the paper copy of the document, or (ii) creating, generating, sending, receiving or storing by electronic mea ns this Amendment, the execution of which is accomplished through use of the DocuSign® electronic process.
7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(REFER TO SIGNATURE PAGE ON NEXT PAGE)
Docusign Envelope ID: 89DE245A-C133-4998-91C6-9CE10CF8EBFA Item 8
Attachment A - ESO
Solutions Contract
S18171325 Amendment
No. 3
Item 8: Staff Report
Pg.
5 Packet Pg. 255 of 377
IN WITNESS WHEREOF, the undersigned expressly agree and warrant that they are authorized to sign and enter into this Amendment on behalf of the Party for which they sign and have executed this Amendment as of the Effective Date first written above.
ESO:
______________________________________________
[Signature]
______________________________________________
[Printed Name]
______________________________________________
[Title]
______________________________________________
[Date]
CUSTOMER:
______________________________________________
[Signature]
______________________________________________
[Printed Name]
______________________________________________
[Title]
______________________________________________
[Date]
AS TO FORM:
______________________________________________
[Signature]
______________________________________________
[Printed Name]
______________________________________________
[Title]
______________________________________________
[Date]
Docusign Envelope ID: 89DE245A-C133-4998-91C6-9CE10CF8EBFA Robert Munden
Chief Legal & Compliance Officer
9/23/2024
Buyer
Philip Mai
Ed Shikada
Item 8
Attachment A - ESO
Solutions Contract
S18171325 Amendment
No. 3
Item 8: Staff Report
Pg.
6 Packet Pg. 256 of 377
EXHIBIT A-1z
MASTER FEE SUMMARY, AMENDMENT NO. 3 (AMENDED,
REPLACES PREVIOUS)
Fee Summary: All Fees (Less Discounts) by Exhibit, Fee Type and Contract Year*
Exhibit A-1 Exhibit A-1b
Contract Year** Recurring Fees One-time Fees Recurring Fees One-time Fees Per-Year Subtotals Contract Year 1 $ 9,665.88 $ 7,725.00 [$ 7,994.30***] -- $ 17,390.88 (Paid) Contract Year 2 $ 9,955.86 -- $ 8,234.13 -- $ 18,189.99 (Paid) Contract Year 3 $10,254.53 -- $ 8,481.15 -- $ 18,735.68 (Paid) Contract
Year 4
partial
-- -- $ 2,183.91 -- $ 2,183.91
(Paid)
Subtotal (years 1-4) $29,876.27 $ 7,725.00 $18,899.19 -- $ 56,500.46 (Paid) Amendment No. 1,
Including Exhibit A-1b Contract Year 1 recurring fee (paid) $7,994.30***
$64,225.46***
(Paid)
Exhibit A-1c
Recurring Fees One-time Fees -- -- Per-Year Subtotals
Contract Year 5
(9/30/21 - 9/29/22)
$19,297.76 -- -- -- $19,297.76 (Paid)
Contract Year 6
(9/30/22 - 9/29/23)
$19,876.69 -- -- -- $19,876.69
(Paid)
Contract Year 7
(9/30/23 – 9/29-
2024)
$20,472.99 -- -- -- $20,472.99
(Paid)
Subtotal (years 5-7) $59,647.44 -- -- -- $59,647.44
(Paid)
Amendment No. 2 (optional)
Added-on Software or increased Reporting Services,
$10,000 budget
Amendment No. 3
Additional 5-yr Extension Fee for Volume Incidents
ESO EHR
(Up to
11,604)
ESO Inspections
(up to 11,604)
ESO Properties
(up to 11,604)
ESO Fire
Incidents
(up to 11,604)
Telestaff
integration
(up to 11,604)
SUB-TOTAL
(i) Contract Year 8
(9/30/24 - 9/29/25)
$19,239 $249.83 $299.75 $5,995 $1,995 $27,778.58
(ii) Contract Year 9
(9/30/25 - 9/29/26)
$20,200.95 -- -- $6,294.75 $2,094.75 $28,590.45
(ii) Contract Year 10
(9/30/26 - 9/29/27)
$21,211 -- -- $6,609.49 $2,199.49 $30,019.97
(ii) Contract Year 11 $22,271.55 -- -- $6,939.96 $2,309.46 $31,520.98 Docusign Envelope ID: 89DE245A-C133-4998-91C6-9CE10CF8EBFA Item 8
Attachment A - ESO
Solutions Contract
S18171325 Amendment
No. 3
Item 8: Staff Report
Pg.
7 Packet Pg. 257 of 377
(9/30/27 - 9/29/28)
(ii) Contract Year 12
(9/30/28 - 9/29/29)
$23,385.13 -- -- $7,286.96 $2,424.93 $33,097.02
Total not-to-exceed amount of the Agreement (years 1-7) (Paid) = $7,994.30 of year 1 and $80,269.33 [Amendment No.1] amending services of year 5-7, recurring total fees under Exhibit A-1(b&c) during Contract Year 1- 6)*** $116,147.90
(Paid)
Amendment No. 2
(Optional) Add-on Software $10,000.00****
Amendment No.3
(i)(ii), Total not-to-exceed amount of the Agreement for 5-yr extension (Years 8- 12)
$151,007.00
Maximum (including any Add-on Software or increase Reporting Service) Total not-to-exceed amount of the Agreement (years 1-12) $277,154.90 * Notwithstanding the foregoing, any Overages, as defined in Section 5.5 (“Audit Rights”) of the Agreement, shall be addressed as provided for in the applicable Software Schedule. **Contract Years are defined as provided for in the applicable Software Schedule. *** The $7,994.30 recurring fee under Exhibit A-1b Contract Year 1 is paid. It is noted here but not included in any calculations except the last sum at the bottom of the table above, provided for informational purposes. **** Allocated budget set aside for Optional Add-on Software and Reporting Services fee is under Exhibit A-1zz (Paid) The rendered service fee has been paid.
(i) The Agreement between ESO, Eagle County Health Service District and Public Safety Association, Inc., effective August 21, 2023, (the Master Agreement) shall govern the Terms and Conditions of this Quote (and upon the expiration or termination of the Master Agreement, ESO’s then-current terms and conditions for such products (as indicated at www.eso.com) shall apply
(ii) The parties acknowledge and agree that the term of this Agreement (the 'Term') shall have an effective (Subscription Start Date) of September 30, 2024 and continue for the period of five (5) years renewing on the anniversary of the Subscription Start Date (Annual Subscription Date) [With respect to the] The Term of Services for ESO Properties and Inspections (listed herein) annual Recurring Fees shall be invoiced on a prorate basis from September 30, 2024 through October 31, 2024 (Initial Term). Thereafter, ESO Properties and Inspections shall automatically terminate after the initial Term; and The Fees, except in the instance of (Overages), for the Services ordered herein shall be invoiced annually and due on the Annual Subscription Date as follows:
a. Year One (9/30/24 - 9/29/25) - $27,778.58
b. Year Two (9/30/25 - 9/29/26) - $28,590.45
c. Year Three (9/30/26 - 9/29/27) - $30,019.97
d. Year Four (9/30/27 - 9/29/28) - $31,520.98
e. Year Five (9/30/28 - 9/29/29) - $33,097.02
EHR
Product Description
ESO EHR Patient care reporting suite for ALS and Transport EMS agencies, includes EHR web and mobile client, Quality Management, Basic Personnel Management, Insights Reporting Tool, Analytics, Patient Tracker. Allows for unlimited users, unlimited mobile applications, live support, state and federal data reporting, ongoing weekly web training, software updates and upgrades.
FIRE
Docusign Envelope ID: 89DE245A-C133-4998-91C6-9CE10CF8EBFA Item 8
Attachment A - ESO
Solutions Contract
S18171325 Amendment
No. 3
Item 8: Staff Report
Pg.
8 Packet Pg. 258 of 377
Product Description
ESO Fire
Incidents
Includes Auto EHR-import or Auto-CAD import, federal NFIRS data reporting, software updates and upgrades.
Telestaff
Integration
Integration with Telestaff Rostering to place staff on the appropriate calls.
ESO
Inspections
Includes the ability to manage multiple code sets, using those to developed customized Check-lists for inspections. The application allows you to schedule, manage, execute and finalize inspections as well as reschedule any required follow up inspections.
ESO
Properties
Includes CAMEO integration, Pre-Plan view. Stores property and occupant history (presence of chemicals and tanks, Incidents, and previous inspections).
Docusign Envelope ID: 89DE245A-C133-4998-91C6-9CE10CF8EBFA Item 8
Attachment A - ESO
Solutions Contract
S18171325 Amendment
No. 3
Item 8: Staff Report
Pg.
9 Packet Pg. 259 of 377
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: October 21, 2024
Report #:2409-3531
TITLE
Adoption of a Resolution Authorizing Grant Applications to the California Department of Resources Recycling and Recovery (CalRecycle); CEQA status – not a project.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the application for California Department of Resources Recycling and Recovery (CalRecycle) Grant Funds. This resolution is required by CalRecycle as part of the grant application.
BACKGROUND
The California Department of Resources Recycling and Recovery (CalRecycle) administers the Beverage Container Recycling Grant Program pursuant to Section 14581(a)(4) of the Public Resources Code. The purpose of the grant is to issue up to $1,500,000 annually in the form of grants for beverage container recycling and litter reduction programs to promote increased recycling of beverage containers throughout California and reduce beverage container litter in the waste stream.
The Beverage Container Recycling Grant (BCRG) program seeks to achieve and maintain an 80% recycling rate for all California Refund Value (CRV) beverage containers, including aluminum, glass, plastic, and bi-metal. The minimum award for individual grants is $75,000 and the maximum award for individual grants is $275,000.
ANALYSIS
The City currently holds a contract with Townsend Public Affairs for grant support services.
Following internal discussions, Community Services staff met with Townsend and identified the CalRecycle Beverage Container Recycling Grant as a viable funding opportunity. Community Services staff scheduled multiple meetings with Townsend and partnered with ZeroWaste in the initial discussion of the grant. Staff has identified eligible expenses, including the purchase and installation of ten (10) ADA-compliant water bottle filling stations if the grant is awarded. The funding will also support the installation, plumbing, and any necessary infrastructure Item 9
Item 9 Staff Report
Item 9: Staff Report
Pg.
1 Packet Pg. 260 of 377
modifications. These expenses are for the replacement of end-of-life drinking fountains for the following Parks: Mitchell Park (6), Ramos Park (2), and Robles Park (2) with a 10% contingency.
This project supports the City Council priorities of Community Belonging and Climate Change.
The Grant Program is a competitive process in which applications are evaluated and scored by a CalRecycle review panel based on the approved Scoring Criteria for the Beverage Container Recycling Grant Program, FYs 2024–25 and 2025–26.
The grant and funding request application, which is an internal policy and procedure was signed by Community Services and Administrative Services Directors. The application for the CalRecycle grant was submitted before the deadline of September 24, 2024. The grant requires the governing body's approval and applicants to submit a resolution no later than the secondary due date of October 23, 2024. Failure to submit a resolution by this date will result in the disqualification of the application by CalRecycle.
The resolution makes certain findings as required by CalRecycle. It authorizes the submission of grant applications on behalf of the City and designates the City Manager and the Assistant City Manager to execute any necessary grant documents. The authorization will last five years from the date of adoption. CalRecycle will send award notifications in March 2025 and grant funds must be expended by April 1, 2028.
FISCAL/RESOURCE IMPACT
Preparation for the grant application required staff resources, including multiple meetings with Townsend Public Affairs to ensure the application met all requirements. The City has requested $165,000 in grant funding and no matching funds are required. If the grant is awarded to the City, staff will recognize corresponding budget adjustments during the appropriate budget process.
The grant is on a reimbursement basis, which requires City expenditures of funds before being reimbursed by the state. No net impact on the General Fund or Infrastructure Reserve is expected. This grant presents a valuable opportunity to replace aging infrastructure, specifically water bottle filling stations and allows for the installation of modern, ADA-compliant stations, promoting sustainability and accessibility in public spaces.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because adoption of the resolution is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15061(b)(3).
ATTACHMENT
Attachment A: Resolution Authorizing Submittal of Grant Applications to CalRecycle APPROVED BY:
Kristen O'Kane, Community Services Director
Item 9
Item 9 Staff Report
Item 9: Staff Report
Pg.
2 Packet Pg. 261 of 377
NOT YET APPROVED Attachment A
117_20240926_ts24 1
Resolution No.
Resolution Authorizing Submittal of Individual Grant Applications and Related Authorizations for all Grant Programs Offered by CalRecycle
R E C I T A L S
A. The California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and
B. In furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and
C. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.
D. In furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City of Palo Alto is authorized to submit an application to CalRecycle for all Grant Programs offered.
SECTION 2 . The City Manager, the Assistant City Manager , and the City Manager’s designee(s) are hereby authorized as Signature Authority to execute in the name of the City of Palo Alto all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement t he approved grant project.
//
//
//
//
Item 9
Attachment A -
Resolution Authorizing
Submittal of Grant
Applications to CalRecycle
Item 9: Staff Report
Pg.
3 Packet Pg. 262 of 377
NOT YET APPROVED Attachment A
117_20240926_ts24 2
SECTION 3. These authorizations are effective for five years from the date of adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
_____________________________
Director of Community Services
_____________________________
Director of Public Works
Item 9
Attachment A -
Resolution Authorizing
Submittal of Grant
Applications to CalRecycle
Item 9: Staff Report
Pg.
4 Packet Pg. 263 of 377
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: October 21, 2024
Report #:2410-3550
TITLE
Approval of 1) Increase of Construction Contingency for Contract No. C21178123B with Swinerton Builders in the Amount Not-to-Exceed $1,000,000; 2) Increase of Construction Contingency for Contract No. C23186775 with L.D. Strobel Co., Inc. in the Amount of $25,000; 3) Increase of Contingency for Purchase Order No. 4523000432 with Pivot Interiors in the Amount of $40,000 in the Capital Improvement Fund for the New Public Safety Building Capital Project (PE-15001); CEQA – Environmental Impact Report for the New Public Safety Building and New California Avenue Area Garage (Resolution 9772)
RECOMMENDATION
Staff recommends that Council:
1. Approve an increase of construction contingency for Contract No. C21178123B with Swinerton Builders in the amount not to exceed $1,000,000 for a total contract contingency amount not to exceed $10,392,800;
2. Approve an increase of construction contingency for Contract No. C23186775 with L.D.
Strobel Co., Inc. in the amount of $25,000 for a total contract contingency amount not to exceed $66,449; and
3. Approve an increase to the contingency for Purchase Order No. 4523000432 with Pivot Interiors, Inc in the amount of $40,000 for a total contingency amount not to exceed $132,169.
BACKGROUND
The New Public Safety Building (PSB) (PE-15001) and New California Avenue Area Parking Garage (PE-18000) projects are among ten key projects included in the 2014 Council Infrastructure Plan. The PSB was identified as the plan’s highest priority project and is tied together with the parking garage project with respect to the California Environmental Quality Act (CEQA). The parking garage opened in December 2020. On February 1, 2021, Council approved the award of the construction contract for the PSB to Swinerton Builders and authorized execution and delivery of one series of Certificates of Participation in an amount not Item 10
Item 10 Staff Report
Item 10: Staff Report
Pg.
1 Packet Pg. 264 of 377
to exceed $120 million to finance the PSB construction.1 The PSB construction is anticipated to receive a temporary certificate of occupancy (TCO) in December 2024.
On March 6, 2023, Council approved a construction contract with L.D. Strobel Co., Inc. in the amount of $455,935 for the purchase and installation of radio antennas.2 On, June 19, 2023, Council approved a Purchase Order with Pivot Interiors in the amount of $756,021 to provide cubicle and office furniture for the new PSB.3 On June 17, 2024, Council approved additional contingencies to the construction contract with Swinerton Builders and the Purchase Order with Pivot Interiors in the amounts of $1,000,000 and $23,440, respectively.4
ANALYSIS
The PSB is one of the most complex projects that the City has constructed to date. Given its complexity, since the PSB construction contract was awarded in early 2021, there have been change orders addressing issues of unforeseen site conditions, owner requested changes, design clarifications, and required changes due to authorities having jurisdiction, which are agencies that are responsible for enforcing codes and regulations. In addition, since change order costs are based on current construction costs rather than bid amounts, the significant escalation of construction costs over the past several years has impacted the project and the use of the contingency. On June 17, 20244, Council approved a $1,000,000 additional contingency amount for the PSB construction contract. As of September 2024, that contingency has been nearly used on multiple change orders including smoke control for the detention area, sally port coiling doors, and a number of other items needed to address code compliance and Americans with Disabilities Act (ADA) matters that are required to receive a TCO. Staff expects to receive a TCO in the next several weeks and an additional $1,000,000 is recommended to provide enough contingency authorization to continue to evaluate and process valid change orders needed for work required for TCO as the project nears completion.
Due to the length of time it has taken to construct the PSB, additional funding authority is needed for existing contracts.
•For the construction contract with L.D. Strobel Co., Inc., the original contract approved by Council on March 6, 2023 included base services of $414,486 and $41,449 for contingency. The existing contingency was used for the installation of additional lighting 1 City Council, February 1, 2021; Agenda Item #4, SR #11752, https://www.cityofpaloalto.org/files/assets/public/v/3/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-11752.pdf
2 City Council, March 6, 2023; Agenda Item #6, SR #2301-0886 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-contracts/sr2301- 0886-3.6.2023-psb-radio-antenna-contract.pdf
3 City Council, June 19, 2023; Agenda Item #9, SR #2304-1375, https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip-contracts/sr2304- 1375-6.19.2023-pivot-one-workplace-purchase-orders.pdf
4 City Council, June 17, 2024; Agenda Item #17, SR #2404-2929, https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip- contracts/s1b9gof.pdf
Item 10
Item 10 Staff Report
Item 10: Staff Report
Pg.
2 Packet Pg. 265 of 377
and ground bars (electrical connections that divert undesirable current to protect humans and equipment). The additional $25,000 is needed for additional coordination and ground bars installation.
•For the Purchase Order with Pivot Interiors (Attachment A), the original contract approved by Council on June 19, 2023 included base services of $687,292 and $68,729 for contingency. On June 17, 2024, Council authorized an additional $23,440 in contingency for prevailing wage increase and additional storage fees through June 2024.
The additional $40,000 contingency request is for additional costs for increased rates after July 1, 2024, project management and onsite lead coordination fees, and stair- carrying and double handling due to constricted space onsite.
Staff is currently working on a contract amendment with the construction manager Cumming Group, formally known as Nova Partners, Inc., for construction management services through the end of the project and will bring that contract amendment to Council in November.
FISCAL/RESOURCE IMPACT
The Public Safety Building project (PE-15001) has remained within the design and construction budget of $115,632,064 stated at the time of the construction contract award. The recommendations in this report also are within that stated total project cost for design and construction. There have been overages against this project for salary and benefits costs that have affected the total project budget of $118.6 million as of the FY 2025 Adopted Budget.
These additional salary and benefit charges total $937,000 and will increase the total project budget to $119.5 million. These charges will be corrected as part of CMR#2405-3061, Approval of Fiscal Year 2024 Reappropriation Requests to Fiscal Year 2025, scheduled for Council approval on October 21, 2024. Once this technical corrective action is approved, the project will be appropriately budgeted for design and construction expenses of $115,632,064, allowing for sufficient funding for the recommendations included in this report. Salary and benefits costs for capital projects are fully budgeted in the Capital Improvement Fund and any additional salary and benefit needs for this project will be addressed at Fiscal Year 2025 year-end through the Capital Improvement Fund Administration project (AS-10000).
STAKEHOLDER ENGAGEMENT
Staff provides monthly updates on PSB construction through the PSB’s project webpage and newsletter.
ENVIRONMENTAL REVIEW
An Environmental Impact Report for the PSB and the New California Avenue Area Parking Garage was prepared and was certified by Council on June 11, 20218, by adoption of Resolution No. 9772.5
5 Resolution 9772, https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso- 9772.pdf?t=40475.53
Item 10
Item 10 Staff Report
Item 10: Staff Report
Pg.
3 Packet Pg. 266 of 377
ATTACHMENTS
Attachment A: Pivot Purchase Order #4523000432
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
Item 10
Item 10 Staff Report
Item 10: Staff Report
Pg.
4 Packet Pg. 267 of 377
"This Second Amended and Restated Purchase Order with Pivot Interiors, Inc., effective as of 10/21/2024, hereby amends and restates the Amended and Restated Purchase Order No. 4523000432 dated 06/30/2023 with Pivot Interiors, Inc. This Second Amended and Restated Purchase Order hereby supersedes that Amended and Restated Purchase Order dated 06/20/2023."
This City of Palo Alto (City) Purchase Order agreement (PO) with Pivot Interiors pursuant and subject to Omnia agreement Contract 202000062 PH485, Sourcewell Contract no. 19Z08621 and Omnia agreement Contract R191819 & R191806 with Pivot Interiors for the procurement of Herman Miller Office furniture, project management, procurement of equipment and assembly services as detailed in this PO.
Pivot Interiors, Inc. is an authorized dealer and sub-contractor of Herman Miller, Inc.
All the furniture is fabricated specifically for the PSB. Installation is part of the original PO. However, due to delays in the completion of the Public Safety Building, Contractor has not been able to deliver any furniture in accordance with the PO and has been storing the furniture.
Storage costs were not covered under the original PO. In addition, due to the delay in completing the PSB, there is a labor surcharge due to an increase in prevailing wages from the previous quote for the PO in 2023.
Pivot Interiors, Inc. Department of Industrial Relation Registration Number is 1000018735.
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Ship To:
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
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 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 03/11/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
5 Packet Pg. 268 of 377
This Project is subject to prevailing wages and related requirements as a "public works" under California Labor Code Sections 1720 et seq. and related regulations. Contractor is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations ("DIR"). Copies of these rates may be obtained at the City's Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, website (see e.g.
http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. Contractor shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including, but not limited to, Sections 1720, 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time.
DIR Registration and Other Requirements.
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Ship To:
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
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 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 03/11/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
6 Packet Pg. 269 of 377
General Notice to Contractor.
City requires Contractor and its Subcontractors to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Additional information regarding public works and prevailing wage requirements is available on the DIR website (see e.g. http://www.dir.ca.gov) as amended from time to time.
Labor Code section 1771.1(a).
City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
DIR Registration Required.
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Ship To:
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
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 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 03/11/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
7 Packet Pg. 270 of 377
City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its Subcontractors are registered with the California Department of Industrial Relations ("DIR") to perform public work, subject to limited exceptions.
Posting of Job Site Notices; Compliance Monitoring.
City gives notice to Contractor and its Subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to compliance monitoring and enforcement by DIR.
Certified Payroll.
Contractor shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
City requires Contractor and its Subcontractors to comply with the requirements of Labor Code section 1776, including but not limited to:
(i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its Subcontractors, in connection with the Project.
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Ship To:
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
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 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 03/11/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
8 Packet Pg. 271 of 377
(ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its Subcontractors, respectively. (iii) At the request of City, acting by its Project Manager, Contractor and its Subcontractors shall make the certified payroll records available for inspection or furnished upon request to the City's Project Manager within ten (10) days of receipt of City's request.
0 City requests Contractor and its Subcontractors to submit the certified payroll records to the City's Project Manager at the end of each week during the Project.
(iv) If the certified payroll records are not provided as required within the 10-day period, then Contractor and its Subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof.
(v) Inform the City's Project Manager of the location of Contractor's and its Subcontractors' payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the City's Project Manager within five (5) business days of any change of location of those payroll records.
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:
ASD
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Ship To:
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
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 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 03/11/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
9 Packet Pg. 272 of 377
This PO is governed by California law without regard to conflict of law principles. The venue for any dispute under this PO is Santa Clara County, California.
This PO by reference incorporates the following contract documents into this PO by reference as though fully set forth herein:
1. Omnia agreement Contract 202000062 PH485
2. Omnia agreement Contract R191819 & R191806
3. Sourcewell Contract 19Z08621
4. Pivot Interiors Quote 411901-01, 411901-02, 411901-03, 411901-04, 411901-05 and 411901-06
5. City of Palo Alto Purchase Order Terms and Conditions 0010 PIVOT Project Management PSB 39,073 USD 1.00 39,073.30 0020 PIVOT Freight & Install PSB 121,957 USD 1.00 121,956.77 0030 PIVOT Materials PSB 526,261 USD 1.00 526,261.33 0040 PIVOT Contingency 108,729 USD 1.00 108,729.14 0050 Addtl Strg Fees & Prvlng Wage 21,480 USD 1.00 21,480.00 -------------------------
Sub-Total 817,500.54
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
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 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 03/11/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
10 Packet Pg. 273 of 377
Sales Tax 1,960.05
*** ORDERING VIA EMAIL ***
**** PRICE HAS BEEN QUOTED ****
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Public Works Engineering
City of Palo Alto
250 Hamilton Ave., 6th Floor
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
Total 819,460.59
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 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 03/11/2024
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
11 Packet Pg. 274 of 377
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
PAGE 1 OF 3
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper submitted by Seller. All shipments or services performed shall be deemed to have been made pursuant hereto. No other terms are acceptable. This P.O., including all specifications and drawings, shall constitute the entire agreement between the parties unless modified in writing by City.
CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by City shall be and remain City property and shall be held by Seller for City unless directed otherwise. Seller shall account for such items and keep them protected, insured, and in good working conditions without expense to City.
DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to City's written instruction. Items not delivered may be canceled without penalty to City. Shipments in greater or lesser quantity that ordered may be returned at Seller's expense unless written authorization is issued by City.
PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's most recent quote or charge to City for such materials, supplies, services and/or installations unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Seller at any time prior to the last delivery of goods or services covered by this P.O.
TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten (10) days notice in writing to Seller.
(1) Without Cause. City may terminate all or any part of this P.O. without cause. Any claim by Seller for damages due to termination without cause must be submitted to City within thirty (30) days after effective date of termination. (2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the other instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O. in writing without any liability of City with respect to Seller at any time during the term of this P.O. In the event of termination for cause, City may purchase supplies or services elsewhere on such terms or in such manner as City may deem appropriate and Seller shall be liable to City for any cost and other expenses incurred by City, which is charged to City.
CHANGES: City shall have the right at any time by written notice via P.O. Change Order to Seller to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any claim by Seller for adjustment under this clause shall be deemed waived unless made in writing with then (10) days after receipt by Seller of notice of such change. Price increases or extensions of time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued by City's Purchasing Manager.
INSPECTION: City shall have the right to inspect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without regard to the manner of shipment, completion, or any shipping or price terms contained in this P.O. All materials, supplies, services and/or installations must be furnished as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be returned for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking, examining, repacking and reshipping of such materials and/or supplies. (2) Defective, incorrect and nonconforming services and/or installations may be returned for credit or refund, at Seller's expense. All of the above notwithstanding prior payment by City.
WARRANTY: Seller expressly warrants that all materials, supplies, services and/or installations covered by this P.O. shall:
(1) conform to the specifications, drawings, samples, or other descriptions specified by City or if none are so specified, to Seller's standard specification or the standards of the ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label; (3) be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials Control and Hazardous Waste Regulations; and other toxic laws and programs.
Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or expense arising in connection with or resulting from Seller's failure to furnish materials or supplies or perform services that conform with any warranty contained herein. (6) have good marketable title.
GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.
INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an independent contractor. Seller shall protect, defend, and indemnify and hold City harmless against all damages, liability, claims, losses and expenses (including attorney's fees) arising out of , or resulting in any way from Seller's negligence in providing the goods or services purchased hereunder or from any act or omission of Seller, its agents, employees, or subcontractors, Seller shall maintain such public liability insurance, including contractual liability, automobile and general public liability, (including non-owned automobile liability) Worker's Compensation, and employer's liability insurance as well adequately protect City against such damage, liabilities, claims, losses, and expenses (including attorney's fees).
Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City.
EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in compliance with the Equal Opportunity Clause required by Executive Order 11246, as amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal opportunity programs.
FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such materials, supplies, services and or installations at the direction of City and shall deliver them when the cause affecting the delay has been removed. City shall be responsible only for Seller's direct additional costs in holding the goods or delaying performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of other customers, which were placed after this P.O.
AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O. on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relationship to City. Seller shall be deemed to have the legal authority to enter into this P.O. with City on behalf of the third party.
INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the terms of this P.O. and the attached specification with respect to any obligation of Seller, the provision which impose the greater obligations upon Seller shall prevail.
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
12 Packet Pg. 275 of 377
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
PAGE 2 OF 3
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply with the City's Environmentally Preferred Purchasing Requirements. (1) Hazardous Waste:
Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by the Seller if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations. Seller shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980.
(2) Zero Waste and Pollution Prevention:
Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The City must also meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually or collaboratively comply with the waste reduction, reuse and recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller's failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in addition to all other damages to which the City may be entitled, in the event Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance.
Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post-consumer content paper or greater unless otherwise approved by the City's Environmental Services Division (650) 329-2117. Materials printed by a professional printing company shall be a minimum of 30% post-consumer material or greater and printed with vegetable based inks. Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement.
All paper packaging must be Forest Stewardship Council (FSC) Certified.
All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped.
All primary, secondary and shipping packaging shall be recyclable in the City's recycling program. A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement.
Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor individually or collaboratively does one of the following:
(a) takes the material back at the City's convenience and at no cost to the City, or (b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of $235, or a minimum of $50 if the combined product and shipping cost is $235 or less. o Bioplastics that meet ASTM D6400 standards for compostability may be accepted with approval from the City's Environmental Services Division subject to local municipal compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists.
Reusable/returnable pallets shall be used and taken back by the Seller, at no additional cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the combined product and shipping cost is $262 or less will be assessed by City for failure to adhere to this requirement.
(3) Energy and Water Efficiency:
Seller shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.
Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:
Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing Requirements will result in Liquidated Damages, according to the table marked Liquidated Damages on page 3 of this P.O.
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
13 Packet Pg. 276 of 377
Event of Non-Performance
Recycled Paper Use
Failure to use 30% recycled content paper
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in the City's recycling program.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping packaging
Pallet Use
Failure of Seller to take-back and reuse pallets, recycling only broken pallets, at no additional cost to the City.
Acceptable Performance Level
(Allowed events per Fiscal Year)
1 1
0 1
Liquidated Damage Amount
$30 per each document
$235 or a minimum of $50 if the combined product
and shipping cost is $250 or less will be incurred if
this is not adhered to.
$235 or a minimum of $50 if the combined product
and shipping cost is $235 or less
$262 or a minimum of $50 if the combined product
and shipping cost is $2 or less
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance.
PAGE 3 OF 3
Item 10
Attachment A - Pivot
Purchase Order
#4523000432
Item 10: Staff Report
Pg.
14 Packet Pg. 277 of 377
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: October 21, 2024
Report #:2409-3525
TITLE
SECOND READING: Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of Tobacco Products) to Conform with County Amendments and Approval of the Updated Agreement Between the County of Santa Clara and City of Palo Alto for a Tobacco Retail Permit Program (FIRST READING: September 23, 2024 PASSED 7-0)
RECOMMENDATION
This item was heard by the City Council on September 23, 2024 for a first reading and was approved 7-0. No changes were made to the ordinance; it is now before you for a second reading.
ATTACHMENTS
Attachment A: Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of Tobacco Products) of Title 4
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 11
Item 11 Staff Report
Item 11: Staff Report
Pg.
1 Packet Pg. 278 of 377
Not Yet Approved
1 116_20240822_ts24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 4.64 (“Permits for Retailers of Tobacco Products”) Of Title 4 (Business Licenses and Regulations).
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The City of Palo Alto and the County of Santa Clara have a partnership to regulate tobacco retailers and the sale of tobacco products in the City of Palo Alto. The City adopts the County’s relevant ordinance and the County enforces the City’s ordinance.
B. The County adopted County Ordinance NS-517.96 in 2022 to amend its tobacco retailing ordinance. The City intends to make the same changes to its own ordinance through adoption of this ordinance.
C. This Ordinance amends Palo Alto Municipal Code Chapter 4 .64 (Permits for Retailers of Tobacco Products) to authorize denial of a permit to a Retailer whose permit was previously revoked; impose conditions on permits to facilitate enforcement; increase fines for violations; provide for impound and seizure of noncompliant products; require posting of public notice during any suspension; and clarify the existing prohibition on the sale of electronic cigarette products.
SECTION 2. The following sections of Chapter 4.64 (Permits for Retailers of Tobacco Products) of Title 4 (Business Licenses and Regulations) are hereby amended as follows (new text underlined, deleted text in strikethrough):
CHAPTER 4.64.
PERMITS FOR RETAILERS OF TOBACCO PRODUCTS
4.64.010 Intent.
(a) This cChapter is adopted to:
(1) Ensure compliance with the business standards and practices of the countyCity; (2) Encourage responsible retailing of tTobacco pProducts; (3) Discourage violations of laws related to tTobacco pProducts, especially those that prohibit or discourage the sale or distribution of tTobacco pProducts and eElectronic cCigarette pProducts to individuals under twenty- one;
(4) Respond to a new wave of addiction to eElectronic cCigarette pProducts; Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
2 Packet Pg. 279 of 377
Not Yet Approved
2 116_20240822_ts24
(5) Reduce vulnerability to unexplained illnesses associated with eElectronic cCigarette pProducts; and
(6) Protect the public health and welfare.
(b) This cChapter does not expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or alter the penalties provided by such laws.
4.64.020 Definitions.
For the purposes of this cChapter, the following definitions shall apply:
(a) "Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two or more informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this cChapter is not an arm's length transaction. (b) "Department" means any department of the City of Palo Alto or County of Santa Clara designated by the city manager to enforce or administer this chapter, including the County of Santa Clara's Department of Environmental Health and any agency or person designated by the Director of the Department of Environmental Health to enforce or administer the provisions of this cChapter.
(c) "Distribute or distribution" means the transfer, by any person other than a common carrier, of a tTobacco pProduct to another person for sale or personal consumption. (d) "Electronic cCigarette pProducts" means any of the following products:
(1) Any device or delivery system that can be used to deliver nicotine in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
(2) Any component, part, or accessory of such a device or delivery system that is used during its operation.
(3) Any flavored or unflavored liquid or substance containing nicotine, whether sold separately or sold in combination with any device or delivery system that could be used to deliver nicotine in aerosolized or vaporized form.
(4) Any product for use in an electronic nicotine device or delivery system whether or not it contains nicotine or tobacco or is derived from nicotine or tobacco.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
3 Packet Pg. 280 of 377
Not Yet Approved
3 116_20240822_ts24
(5) Electronic cCigarette pProducts shall not include any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately. Electronic cCigarette pProducts shall not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use. See 21 U.S.C. § 387(a). As used in this sSubsection, nicotine does not include any food products as that term is defined pursuant to Section 6359 of the California Revenue and Taxation Code section 6359. (e) Hearing Officer shall mean the hearing officer appointed by the Department in accordance with County of Santa Clara Ordinance Code (“County Ordinance Code”) section A38-4. (fe) “Impound” means the legal control exercised by the Department over the use, sale, disposal, or removal of any Tobacco Products.
(efg) "Ownership" means possession of a ten percent or greater interest in the stock, assets, or income of a business, other than a security interest for the repayment of debt.
Notwithstanding any other definition in this code, an owner means a person who possesses ownership.
(fgh)
"Permit" means a valid permit issued by the Department to a person to act as a retailer. (ghi) "Retailer" means any person who sells or distributes tTobacco pProducts for any form of consideration, whether or not they possess a current Permit. Retailing shall mean the doing of any of these actions. This definition is without regard to the quantity of tTobacco pProducts sold or distributed.
(hij) "School" means a public or private elementary, middle, junior high, or high school. (ik) "Sale and sold" includes any sale, exchange, barter or offer for sale. (jl) "Tobacco pProduct" means (unless specifically noted elsewhere) any product subject to Subchapter IX (21 U.S.C. § 387 et seq. ("Subchapter IX")) of the Federal Food, Drug, and Cosmetic Act. (See 21 U.S.C. § 387a(b) (products subject to Subchapter IX); 21 C.F.R. §§ 1100.1- 1100.3 (tobacco products subject to Subchapter IX) and Electronic Cigarette Products.) Products subject to Subchapter IX include, but are not limited to, cigarettes, cigarette tobacco, roll-your- own tobacco, smokeless tobacco, cigars, pipe tobacco, and waterpipe tobacco, and electronic cigarette products. Products that are not subject to Subchapter IX include accessories of tobacco products, such as, but not limited to, ashtrays, spittoons, and conventional matches and lighters that solely provide an external heat source to initiate but not maintain combustion of a tobacco product.
4.64.030 Requirements and prohibitions.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
4 Packet Pg. 281 of 377
Not Yet Approved
4 116_20240822_ts24
(a) Permit required. It shall be unlawful for any person to act as a retailer without first obtaining and maintaining a pPermit pursuant to this cChapter for each location at which rRetailing occurs.
(b) Lawful business operation. It shall be a violation of this cChapter for any retailer to violate any local, state, or federal law applicable to tobacco products or the retailing of such tTobacco pProducts.
(c) Display of pPermit. Each pPermit shall be prominently displayed in a publicly visible place at the location identified in the pPermit.
(d) Notice of minimum age for purchase of tTobacco pProducts. Retailers shall post conspicuously, at each point of purchase, a notice stating that selling tTobacco pProducts to anyone under twenty-one years of age is illegal and subject to penalties. Such notice shall be subject to the approval of the public health d Department. (e) Positive identification required. No retailer shall sell or distribute a tTobacco pProduct to another individual who appears to be under thirty years of age without first examining the individual's identification to confirm that the individual is at least the minimum age required under sState law to purchase and possess the tTobacco pProduct. (f) Minimum age for individuals selling tTobacco pProducts. No individual who is younger than the minimum age established by state law for the purchase or possession of tTobacco pProducts shall engage in retailing.
(g) False and misleading advertising prohibited. A retailer without a pPermit:
(1) Shall keep all tTobacco pProducts out of public view. (2) Shall not display any advertisement relating to tTobacco pProducts that promotes the sSale or dDistribution of such products from the rRetailer's location or that could lead a reasonable consumer to believe that tTobacco pProducts can be obtained at that location.
(h) Limitation on storefront advertising. No more than fifteen percent of the square footage o
f the windows and clear doors of a physical storefront used for rRetailing tTobacco pProducts shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement of this subsection (h) shall not apply to an establishment where there are no windows or clear doors, or where existing windows are located only at a height that precludes a view of the interior of the premises by an individual standing outside the premises.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
5 Packet Pg. 282 of 377
Not Yet Approved
5 116_20240822_ts24
(i) Flavored Ttobacco pProducts.
(1) Except as permitted in paragraph (3) of this subsection (i), no No rRetailer shall sell a tTobacco pProduct containing, as a constituent or additive, an artificial or natural flavor or aroma (other than tobacco) or an herb or spice, including but not limited to strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, mint, menthol, or coffee, that is a characterizing flavor or aroma of the tTobacco pProduct, smoke, or vapor produced by the tTobacco pProduct. (2) A tTobacco pProduct shall be subject to a rebuttable presumption that the product is prohibited by paragraph (1) of this subsection if:
(iA) The product's manufacturer or any other person associated with the manufacture or sale of tTobacco pProducts makes or disseminates public statements or claims to the effect that the product has or produces a characterizing flavor or aroma, other than tobacco; or (ii B) The product's label, labeling, or packaging includes a statement or claim–including any text and/or images used to communicate information–that the product has or produces a characterizing flavor or aroma, other than tobacco.
(3) Except as provided in paragraph (4) of this subsection (i), paragraph (1) of this subsection (i) shall not apply to any retailer that meets all the following criteria:
(i) Primarily sells tobacco products;
(ii) Generates more than sixty percent of its gross revenues annually from the sale of tobacco products;
(iii) Does not permit any individual under twenty-one years of age to be present or enter the premises at any time, unless accompanied by the individual's parent or legal guardian, as defined in Section 6903 of the Family Code;
(iv) Does not sell alcoholic beverages or food for consumption on the premises; and (v) Posts a sign outside the retail location that clearly, sufficiently, and conspicuously informs the public that individuals under twenty-one years of age are prohibited from entering the premises.
(4) No retailer that is issued a new permit after September 2, 2020 shall sell or distribute flavored tobacco products under paragraph (3) of this subsection (i) after permit issuance. No retailer that receives a permit renewal after September 2, 2020 shall sell or distribute flavored tobacco products under paragraph (3) of this subsection (i) after permit renewal. Regardless of the date of permit issuance or renewal, no retailer shall sell or distribute flavored tobacco products after September 2, 2020.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
6 Packet Pg. 283 of 377
Not Yet Approved
6 116_20240822_ts24
(j) Vending machines prohibited. No tTobacco pProduct shall be sSold or dDistributed to the public from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.
(k) Prohibition on sSal
e or dDistribution of tTobacco pProducts to individuals under twenty- one. No rRetailer shall sell or distribute any tTobacco pProduct to any individual who is under twenty-one years of age.
(l) Prohibiti on on sSale or dDistribution of eElectronic cCigarette pProducts. No person, whether or not issued a permit, shall Sell or Distribute Electronic Cigarette Products.No retailer that is issued a new permit after September 2, 2020 shall sell or distribute electronic cigarette products after permit issuance. No retailer that receives a permit renewal after September 2, 2020 shall sell or distribute electronic cigarette products after permit renewal. Regardless of the date of permit issuance or renewal, no retailer shall sell or distribute electronic cigarette products after September 2, 2020.
4.64.040 Eligibility requirements for a pPermit.
(a) No pPermit may be issued to authorize rRetailing at or from other than a fixed location.
For example, rRetailing by persons on foot or from vehicles is prohibited. (b) No pPermit may be issued to authorize rRetailing at a temporary or recurring temporary event. For example, rRetailing at flea markets and farmers' markets is prohibited. (c) No pPermit may be issued to authorize rRetailing at any location where the profession of pharmacy is practiced by a pharmacist licensed by the sState in accordance with the Business and Professions Code and where prescription drugs are offered for sale. (d) No pPe rmit may be issued to authorize rRetailing at any location within 1,000 feet of a sSchool, as measured by a straight line between any point along the property line of any parcel on which a sSchool is located and any point along the perimeter of the pPermit applicant's proposed business location; provided, however, that the prohibition contained in this subsection (d) shall not apply to the following:
(1) Any rRe
tailer of tTobacco pProducts (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the rRetailer obtaineds a pPermit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060, and timely reneweds its permit pursuant to Section 4.64.070(b); (2) Any retailer of electronic smoking devices (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the retailer obtaineds a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and
4.64.060, and timely renews its permit pursuant to Section 4.64.070(b); however, any Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
7 Packet Pg. 284 of 377
Not Yet Approved
7 116_20240822_ts24
such retailer is subject to the prohibition on the sale and distribution of eElectronic cCigarette Pproducts established in Section 4.64.030(l); and (3) Any lawfully operating rRetailer of tTobacco pProducts that would otherwise become ineligible to receive or renew a pPermit due to the creation or relocation of a school.
(e) No pPe rmit may be issued to authorize rRetailing at a location which is within 500 feet of a location occupied by another retailer, as measured by a straight line between any point along the perimeter of an existing retailer's business location and any point along the perimeter of the pPermit applicant's proposed business location; provided, however, that the prohibition contained in this subsection (e) shall not apply to:
(1) Any rRe tailer of tTobacco pProducts (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the rRetailer obtaineds a pPermit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060, and timely renews its pPermit pursuant to Section 4.64.070(b); and (2) Any rRetailers of electronic smoking devices (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the retailer obtaineds a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and
4.64.060, and timely reneweds its permit pursuant to Section 4.64.070(b); however, any such rRetailer is subject to the prohibition on the sSale and dDistribution of eElectronic cCigarette pProducts established in Section 4.64.030(l). (f) Any exemption granted to a rRetailer pursuant to subsections (d) and (e) shall cease to apply upon the earlier of the following to occur:
(1) The rRe tailer fails to timely renew the pPermit pursuant to Section 4.64.070(b). (2) A new person obtains ownership in the business.
4.64.050 Application procedure.
(a) It is the responsibility of each rRetailer to be informed of all laws applicable to Rretailing, including those laws affecting the issuance of a pPermit. No rRetailer may rely on the issuance of a pPermit as a determination by the Citycity or County of Santa Clara that the rRetailer has complied with all laws applicable to rRetailing. A pPermit issued contrary to this cChapter, contrary to any other law, or on the basis of false or misleading information supplied by a rRetailer shall be revoked pursuant to Section 4.64.060. (b) All pPermit applications shall be submitted on a form supplied by the dDepartment.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
8 Packet Pg. 285 of 377
Not Yet Approved
8 116_20240822_ts24
(c) A permitted retailer shall inform the dDepartment in writing of any change in the information submitted on an application for a permit within fourteen calendar days of a change.
(d) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (Government Code Section 6250 et seq.) or any other applicable law, subject to the laws' exemptions.
4.64.060 Permit issuance, denial, and revocation.
(a) Upon the receipt of a complete application for a pPermit, the application fee, and the annual pPermit fee, the dDepartment shall issue a pPermit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(1) The information presented in the application is inaccurate or false. (2) The application seeks authorization for rRetailing at a location for which this cChapter prohibits issuance of a pPermit.
(3) The application seeks authorization for rRetailing by a person to whom this cChapter prohibits issuance of a pPermit.
(4) The application seeks authorization for a Retailer whose Permit has previously been revoked or who has otherwise violated any provision of this Chapter within the last 60 months.
(45) The application seeks authorization for rRetailing that is prohibited pursuant to this cChapter (e.g., mobile vending, eElectronic Ccigarette pProducts) or that is unlawful pursuant to any other law.
(6) The application seeks authorization for Re tailing by a Retailer who has failed to pay any fees, penalties, or reinspection fees required by this Chapter. (b) A permit shall be revoked if the dDepartment finds that one or more of the bases for denial of a permit under this section existed at the time application was made or at any time before the permit was issued. Such a revocation shall be without prejudice to the filing of a new pPermit application.
(c) A permit shall be permanently revoked if the Retailer has committed violations as specified in section 4.64.130.
4.64.070 Permit term, conditions, renewal, and expiration. (a) Term of pPermit. The term of a permit is one year. A pPermit is invalid upon expiration.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
9 Packet Pg. 286 of 377
Not Yet Approved
9 116_20240822_ts24
(b) Conditions of pPermit. As conditions of pPermit issuance and retention, rRetailer shall:
(1) Allow compliance inspections as described in Section 4.64.110 and expressly consent to inspection of all areas and records of a Retailer’s business required to effectuate the purpose of this Chapter, including unlocking and allowing access to any area of Retailer’s business requested by any individual authorized to monitor and facilitate compliance with this Chapter.
(2) Comply with any order of the Department to impound any product not authorized to be sold by this Chapter and cooperate with any Departmental seizure of any product, subject to appeal of those actions.
(3) Failure to comply with these Permit conditions may result in Permit suspension or revocation as described in Section 4.64.130.
(bc) Renewal of pPermit. The dDepartment shall renew a pPermit upon timely payment of the annual pPermit fee provided that the rRetailer is in compliancecomplies with this cChapter, as amended. The dDepartment may, in its discretion, agree to renew any expired pPermit within the three-month period following expiration if the rRetailer pays the annual pPermit fee and applicable late charges. For every calendar month, or fraction thereof, that a rRetailer fails to renew an expired pPermit, a late charge equal to twenty percent of the annual pPermit fee shall be assessed. A pPermit renewed within three calendar months of expiration shall be treated as if timely renewed.
(cd) Issuance of pP ermit after revocation or expiration of permit. To apply for a new pPermit more than three calendar months after expiration of a pPermit or following revocation of a pPermit that was wrongly issued, a rRetailer must submit a complete application for a pPermit, along with the application fee and annual pPermit fee. The dDepartment shall issue a permit pursuant to the requirements of Section 4.64.060.
4.64.080 Permits nontransferable.
(a) A pPermit may not be transferred from one person to another or from one location to another. Whenever a new person obtains ownership in a business for which a pPermit has been issued, a new pPermit shall be required, but any exemption granted pursuant to Section
4.64.040 shall cease to apply.
(b) Notwithstanding any other provision of this Cch apter, prior violations of this cChapter at a location shall continue to be counted against a location and Ppermit ineligibility and suspension periods shall continue to apply to a location unless:
(1) One hundred percent of the interest in the stock, assets, or income of the b
usiness, other than a security interest for the repayment of debt, has been transferred to one or more new owners; and
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
10 Packet Pg. 287 of 377
Not Yet Approved
10 116_20240822_ts24
(2) The city Department is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an aArm's lLength tTransaction.
4.64.090 Permit conveys a limited, conditional privilege.
Nothing in this cChapter shall be construed to grant any person obtaining and maintaining a pPermit any status or right other than the limited, conditional privilege to act as a rRetailer at the location in the city identified on the face of the pPermit. All pPermits are issued subject to the cCity's right to amend this cChapter, and rRetailers shall comply with all provisions of this cChapter, as amended.
4.64.100 Fees.
The dDepartment shall not issue or renew a pPermit prior tobefore full payment of any applicable fees. The city County Board of Supervisors shall, from time to time, establish by resolution or ordinance the fees to issue or to renew a pPermit. The fees shall be calculated so as to recover the cost of administration and enforcement of this cChapter, including, for example, issuing a pPermit, administering the pPermit program, rRetailer education, and routine rRetailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this cChapter. All fees and interest earned from such fees shall be used exclusively to fund administration and enforcement of this cChapter.
4.64.110 Compliance monitoring.
(a) Compliance with this cChapter shall be monitored by the dDepartment. In addition, any peace officer may enforce the penal provisions of this cChapter. The city managerDepartment may designate any number of additional individuals to monitor and facilitate compliance with this cChapter.
(b) The dDepartment or other individuals designated to enforce the provisions of this cChapter shall check monitor each rRetailer at least once per twelve-month period to determine if the rRetailer is complying with all laws applicable to retailing, other than those laws regulating underage access to tTobacco pProducts. Nothing in this paragraph shall create a right of action in any rRetailer or other person against the cCity, the County of Santa Clara, or its agents.
(c) Any Re tailer found to be in violation of this Chapter shall pay all costs related to enforcement to ensure retailer’s compliance with this Chapter, including but not limited to, fees for reinspection to determine compliance after a violation, enforcement costs, litigation costs, and attorneys’ fees in any administrative or civil matter in which the Department prevails pursuant to Division A1 of the County Ordinance Code or any other provision of law.
4.64.120 Prevention of underage sales.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
11 Packet Pg. 288 of 377
Not Yet Approved
11 116_20240822_ts24
(a) The dDepartment or other departments or individuals designated to enforce the provisions of this cChapter shall, in conjunction with the police department, check monitor each rRetailer at least twice per twelve-month period to determine whether the rRetailer is conducting business in a manner that complies with laws regulating youth access to tTobacco pProducts. Nothing in this paragraph shall create a right of action in any rRetailer or other person against the cCity, the County of Santa Clara, or its agents. (b) The city Department or other departments or individuals designated to enforce the provisions of this Chapter shall not enforce any law establishing a minimum age for tTobacco pProduct purchases against an individual who otherwise might be in violation of such law because of the individual's age ("yYouth dDecoy") if the potential violation occurs when:
(1) The yYouth dDecoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the cCity or County of Santa Clara; (2) The yYouth dDecoy is acting as an agent of a dDepartment or individual designated by the cCity or County of Santa Clara to monitor compliance with this cChapter; or
(3) The yYouth dDecoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the cCity, the County of Santa Clara, or the California Department of Public Health.
4.64.130 Penalties for a violation by a rRe tailer with a pPermit. (a) Administrative fine. In addition to any other penalty authorized by law, an administrative fine shall be imposed and a permit shall be suspended if any court of competent jurisdiction determines, or the department finds based on a preponderance of the evidence that the a rRetailer shall pay a fine if the Retailer, or any of the rRetailer's agents or employees, has violatedviolates any of the requirements, conditions, or prohibitions of this cChapter, has pled guilty, "no contest" or its equivalent to such a violation, or has admitted to a such a violation.. (b) Amount of fine. The amount of the administrative fine for each such violation of this Chapter shall be as follows:
(1) A fine not to exceed one hundred dollars ($100.00) for a first violation within a twelve-month period;A fine not to exceed $1,000 for each violation identified during the first instance in which the Retailer has committed a violation or violations; (2) A fine not to exceed two hundred dollars ($200.00) for a second violation within a twelve-month period; A fine not to exceed $2,500 for each violation identified during a subsequent instance if the Retailer has committed a previous violation or violations within a 60-month period; and
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
12 Packet Pg. 289 of 377
Not Yet Approved
12 116_20240822_ts24
(3) A fine not to exceed five hundred dollars ($500.00) for each additional violation within a twelve-month period A fine not to exceed $5,000 for each violation identified during a subsequent instance after the Retailer twice committed a previous violation or violations within a 60-month period.
(cb) Time period for permit Permit suspension. In addition to any other penalty authorized by law, the Department may suspend a permit if the Department demonstrates that the Retailer or any of the Retailer’s agents or employees has violated any of the requirements, conditions, or prohibitions of this Chapter. The period of the suspension shall be as follows:
(1) For a first violation of this chapter at a location within any sixty-month period, the permit shall be suspended for up to thirty calendar days. A suspension not to exceed 30 calendar days for an initial violation.
(2) For a second violation of this chapter at a location within any sixty-month period, the permit shall be suspended for up to ninety calendar days.A suspension not to exceed 180 calendar days if a Retailer commits a violation or violations during two instances within a 60-month period.
(3) For each additional violation of this chapter at a location within any sixty-month period, the permit shall be suspended for up to one year.When a permit is suspended based on a violation of this Chapter, the Department shall post a placard at the physical location used for Retailing Tobacco Products to notify the general public of the suspension. The placard shall be:
(A) Posted in the front window of the storefront used for Retailing Tobacco Products within five feet of the front door; or
(B) Posted in a display case mounted on the outside front wall of the physical location used for Retailing Tobacco Products within five feet of the front door; or (C) Posted in a location approved by the Department to ensure proper notice to the general public and to patrons of the physical location used for Retailing Tobacco Products. (D) Once attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the Department or upon written notification from the Department.
(c) Permanent Permit revocation. In addition to any other penalty authorized by law, the Department shall permanently revoke a Permit if a retailer commits a violation or violations during three instances within a 60-month period.
(d) Waiver or reduction of fines and penalties for first violation. The dDepartment may, in its sole discretion, waive or reduce any fines and penalties for a rRetailer's first violation of any Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
13 Packet Pg. 290 of 377
Not Yet Approved
13 116_20240822_ts24
requirement, condition, or prohibition of this chaptersection, other than a violation of a law regulating youth access to tobacco products, if the rRetailer admits the violation in writing and agrees to forego a hearing on the allegations. Regardless of the dDepartment's waiver of penalties for a first violation, the violation will be considered in determining the fines and suspension periods or revocation penalties for any future violation. This subsection shall not apply to any violation involving a law regulating youth access to Tobacco Products. (e) Corrections period. The dDepartment shall have discretion to allow a rRetailer a period of time to correct any violation of any requirement, condition, or prohibition of this cChapter, other than a violation of a law regulating youth access to tTobacco pProducts. If the dDepartment exercises its discretion to provide a corrections period, and a rRetailer's violation is corrected within the time allowed for correction, no penalty shall be imposed under this section.
(f) Written notice of penalties. Whenever a fine is issued and/or a pPe rmit is suspended or revoked based on a violation of this cChapter, the dDepartment shall provide the rRetailer written notice of the violation and the fine and suspension or revocation, including when the suspension or revocation shall take effect.
(g) Appeals. Any penalties imposed under this section may be appealed pursuant to Section
4.64.150 of this Chapter.
(h) A timely appeal shall stay enforcement of the appealed penalties until the final administrative decision of the Department is issued.
4.64.140 Penalties for retailing without a pPermit.
(a) Administrative fine. In addition to any other penalty authorized by law, an administrative fine and an ineligibility period for application or issuance of a permit a rRetailer shall be imposed pay a fine if a court of competent jurisdiction determines, or the dDepartment finds based on a preponderance of evidencedemonstrates, that any the person rRetailer has engaged in retailing at a location without a valid pPermit, either directly or through the person's Retailer’s agents or employees., has pled guilty, "no contest" or its equivalent to such a The amount of the administrative fine for each violation , or has admitted to such a violation.of this Chapter shall be as follows:
(b) Amount of fine. The amount of the administrative fine for each such violation shall be as follows:
(1) A fine not to exceed one hundred dollars ($100.00) for a first violation within a twelve-month period; A fine not to exceed $2,500 for each violation identified during the first instance in which the Retailer has committed a violation ofor violations without a valid Permit;
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
14 Packet Pg. 291 of 377
Not Yet Approved
14 116_20240822_ts24
(2) A fine not to exceed two hundred dollars ($200.00) for a second violation within a twelve-month period; and A fine not to exceed $5,000 for each violation identified during a subsequent instance if the Retailer has committed a previous violation or violations within a 60-month period without a valid Permit; and (3) A fine not to exceed five hundred dollars ($500.00) for each additional violation within a twelve-month period. A fine not to exceed $10,000 for each violation identified during a subsequent instance after the Retailer has twice committed a previous violation or violations within a 60-month period without a valid Permit. (cb) Time period for pPermit ineligibility. The ineligibility period shall be as follows:
(1) For a first an initial violation of this section at a location within any sixty-month period Chapter without a valid Permit, no new pPermit may be issued for to the person Retailer or the location (unless ownership of the business at the location has been transferred in an aArm's lLength tTransaction) until thirty calendar days have passed from the date of the violation.
(2) F or a second violation of this section at a location within any sixty -month period, no new permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until ninety calendar days have passed from the date of the violation. If a Retailer commits a violation or violations during two instances within a 60-month period without a valid Permit, no new Permit may be issued to the Retailer or the location (unless ownership of the business at the location has been transferred in an Arms Length tTransaction) until one year has passed from the date of the second violation. (3) For each additional violation of this section at a location If a Retailer commits a violation or violations during three instances within any sixty60-month period without a valid Permit, no new permit may be issued for the person or the Retailer and the location (unless ownership of the business at the location has been transferred in an aArm's lLength tTransaction) shall be permanently ineligible for a Permit. until one year has passed from the date of the violation.
(dc) Waiver of for reduction of fines and penalties for first violation. The dDepartment may, in its sole discretion, waive or reduce any fines and penalties for a retailer's first violation of this section, unless the violation also involves a violation of a law regulating youth access to tobacco products, if the rRetailer admits the violation in writing and agrees to forego a hearing on the allegations. Regardless of the dDepartment's waiver of fines or penalties for a first violation, the violation will be considered in determining the penalties for any future violation fines and suspension periods or revocation for any future violation. This subsection shall not apply to any violation involving a law regulating youth access to Tobacco Products.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
15 Packet Pg. 292 of 377
Not Yet Approved
15 116_20240822_ts24
(ed) Written notice of penalties. Whenever a fine is issued and/or a pPermit is suspended pursuant to this section, the dDepartment shall provide the rRetailer written notice of the fine and suspension, including when the suspension shall take effect. (fe) A ppeals. Any penalties imposed under this section may be appealed pursuant to Section
4.64.150. A timely appeal shall stay enforcement of the appealed penalties while the appeal is ongoing.
4.64.150 Appeals.
(a) Any rRetailer served with a written notice of penalties violation may request an administrative hearing to appeal the existence of the violation, the amount of the fine, and/or the length of the a suspension, a revocation of a Permit, the sustained impoundment of Tobacco Products, and/or seizure of Tobacco Products by returning a completed hearing request form to the Office of the County Hearing Officer within ten days from the date of the written notice of penalties.
(b) The rRe tailer shall include the following in or with the hearing request form:
(1) A statement indicating the reason the rRetailer contests the written notice of penalties;
(2) Any evidence the rRe tailer wants the hHearing oOfficer to consider; (3) An advance deposit of the amount of any fine challenged; and (4) The address of the rRetailer and, if available, an email address that can be used for contact and correspondence by the Office of the County Hearing Officer and the Department. The rRetailer may request service of notice by mail. (c) The hearing request form shall be deemed filed on the date received by the Office of the County Hearing Officer. A timely appeal shall stay enforcement of the appealed penalties while the appeal is ongoing.
(d) After receiving a timely hearing request form, the Hearing Officer shall notify the dDepartment as soon as practicable and then shall schedule an administrative hearing. The Office of the County Hearing Officer shall provide the rRetailer and the dDepartment at least ten calendar days' written notice of the date, time, and place of the administrative hearing and the name of the hHearing oOfficer who will conduct the hearing. The notice shall be given to the rRetailer either by email, if requested, or by first class mail, postage prepaid. (e) Between the time the rRetailer requests the administrative hearing and the time of the hHearing oOfficer's decision, the rRetailer, the dDepartment, and each of their representatives Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
16 Packet Pg. 293 of 377
Not Yet Approved
16 116_20240822_ts24
shall not engage in ex parte communications with the Office of the County Hearing Officer or the hHearing oOfficer regarding the matters at issue in the hearing. (f) The hearing shall be conducted by the hHearing oOfficer on the date, time, and place specified in the notice to the rRetailer. A rRetailer's failure to appear at the hearing shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies as a precedent to judicially challenge the existence of the violation and the imposition of the fine and suspension.
(g) At the hearing, the rRe
tailer and the dDepartment shall have the opportunity to present evidence, including witnesses, relevant to the hHearing oOfficer's determination of the matter.
Neither the provisions of the Administrative Procedure Act (Government Code Section 11500 et seq.) nor the formal rules of evidence in civil or criminal judicial proceedings shall apply to such hearing. The hHearing oOfficer may admit any evidence, including witnesses, relevant to the determination of the matter, except as otherwise provided in Section 4.64.160(c). (h) The written notice of penalties and any other reports prepared by or for the dDe
partment concerning the violation shall be admissible and accepted by the hHearing oOfficer as prima facie evidence of the violation and the facts stated in those documents. (i) The hHearing oOfficer may continue the hearing from time to time, in his or herthe Hearing Officer’s sole discretion, to allow for its orderly completion of the hearing. After receiving the evidence submitted at the hearing, the hHearing oOfficer may further continue the hearing and request additional information from either the dDepartment or the rRetailer. (j) After considering the evidence and testimony submitted the hHearing oOfficer shall issue a written decision regarding the matters properly raised in the request for administrative hearing. The hHearing oOfficer's decision shall:
(1) Be based on a preponderance of the evidence.
(2) Include a statement of the reasons for the decision. (3) Be issued within twenty calendar days of the close of the hearing. (4) Be served on both the rRetailer and the dDepartment. The decision shall be given to the rRetailer either by email, if requested, or by first class mail, postage prepaid. (k) Based on the hHearing oOfficer's decision, the Office of the County Hearing Officer shall promptly refund to the rRetailer any amount of the advance fine deposit the dDepartment is not entitled to and shall provide the remainder to the dDepartment. (l) The hearing officer's written decision shall constitute the final administrative decision of the city.
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
17 Packet Pg. 294 of 377
Not Yet Approved
17 116_20240822_ts24
4.64.160 Enforcement.
(a) Any violation of this cChapter is hereby declared to be a public nuisance. (b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this cChapter shall also constitute a violation of this cChapter. (c) Whenever evidence of a violation of this cChapter is obtained in any part through the participation of an individual under the age of twenty-one years old, such an individual shall not be required over his or hertheir objection to appear or give testimony in any civil or administrative process brought to enforce this cChapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (d) Violations of this cCh apter may be remedied by a civil legal action brought by the city attorney or County of Santa Clara Office of the County Counsel pursuant to dDivision A1 of the Ordinance Code of the County of Santa Clara, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief pursuant to XXXXX of this Code. For the purposes of the civil remedies provided in this chapter, each day on which a tobacco product is offered for sSale in violation of this cChapter, and each individual retail tobacco product that is sSold or dDistributed in violation of this cChapter, shall constitute a separate violation of this cChapter. (e) Any person found guilty of violating any provision of this chapter shall be deemed guilty of an infraction, punishable as provided by California Government Code § 25132. (e) Impoundment.
(1) Based upon inspection findings or other evidence, the Department may impound Tobacco Products that are suspected of being or found to be offered for sSale or Distribution in violation of this Chapter. The Department may affix a label to the product that shall be removed only by the Department following final written determination by the Department as described below.
(2) No impounded Tobacco Products shall be used, removed, disposed, or offered for Sale unless the impoundment has been released. The decision by the Department may be appealed pursuant to the procedures set forth in Section 4.64.150. (3) Within 30 days of final determination whether the impounded products are authorized for sale under this Chapter, the Department shall release the impounded materials or order that unauthorized, impounded product shall be destroyed and properly disposed of at the cost of the Retailer.
(f) Seizure. Tobacco Products offered for sale in violation of this Chapter are subject to seizure by the Department and shall be forfeited after the Retailer of the Tobacco Products Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
18 Packet Pg. 295 of 377
Not Yet Approved
18 116_20240822_ts24
seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products were not offered for sale in violation of this Chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 4.64.150. Forfeited Tobacco Products shall be destroyed and properly disposed of at the cost of the Retailer after all internal appeals have been exhausted and after the time in which to seek judicial review pursuant to Section
4.64.150 of this Chapter has expired.
(g) All Retailers are responsible for the actions of their employees relating to compliance with this Chapter. The sale, offer to sell, or furnishing of any Tobacco Products by an employee shall be considered an act of the Retailer.
(fh) The remedies provided by this cChapter are cumulative and in addition to any other remedies available at law or in equity.
4.64.170. N o conflict with federal or state lawNo conflict with federal or state lawInterpretation.
(a) Nothing in this cChapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by, or in conflict with, federal or state law, rules, or regulations.
(b) Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a Tobacco Product by any person not engaged in the retailing of such products.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
//
//
//
//
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
19 Packet Pg. 296 of 377
Not Yet Approved
19 116_20240822_ts24
SECTION 5. This ordinance shall be effective 31 days after adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Public Works
____________________________
Chief of Police
____________________________
Director of Administrative Services
Item 11
Attachment A - Ordinance
Updating Palo Alto
Municipal Code Chapter
4.64 (Permits for Retailers
of Tobacco Products) of
Title 4
Item 11: Staff Report
Pg.
20 Packet Pg. 297 of 377
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: October 21, 2024
Report #:2409-3526
TITLE
SECOND READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14,
18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (FIRST READING: September 23, 2024 PASSED 6-1 Kou no; PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6-1, Kou no)
RECOMMENDATION
This item was heard by the City Council on August 5, 2024 for a first reading and was approved 6-1, Kou no. Following the City Council’s review on August 5, 2024, two changes were proposed to the subject ordinance that staff believes consistent with prior Council direction. These changes arguably introduce new or refined policy direction and therefore staff re-introduced the ordinance as first reading on September 23, 2024; the ordinance passed 6-1, Kou no. No changes were made, and the ordinance is now before you for a second reading.
ATTACHMENTS
Attachment A: Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 12
Item 12 Staff Report
Item 12: Staff Report
Pg.
1 Packet Pg. 298 of 377
***NOT YET APPROVED***
1 0160143_kb2_20240826_ay16
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Adding Chapter 18.29 (North Ventura (NV) District Regulations) and Amending Chapters 18.14 (Housing Incentives), 18.24 (Contextual Design Criteria and Objective Design Standards), 16.65 (Citywide Affordable Housing Requirements) to Implement the North Ventura Coordinated Area Plan (NVCAP) and 18.70.040 (Nonconforming use – Discontinuance)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. 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 2030 Comprehensive Plan 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 2030 Comprehensive Plan through Resolution No. 9722.
B. The City of Palo Alto 2030 Comprehensive Plan Policy L-1.7 and Program L-4.10 calls for the preparation of a plan for the North Ventura and surrounding California Avenue area in order to establish the future of the North Ventura area as a walkable neighborhood with multi-family housing, ground-floor retail, a public park, creek improvements, and an interconnected street grid.
C. On November 6, 2017, the City Council adopted a Resolution No. 9717 to initiate the local planning process for a North Ventura Coordinated Area Plan in accordance with Palo Alto Municipal Code Section 19.10.020.
D. On April 30, 2018, the City Council appointed a total of 14 members of the working group to advise the staff, boards/commissions, and the Council during the preparation of the plan.
E. The City conducted extensive community outreach in multiple languages since the NVCAP process has initiated in November 2017 including 17 meetings of the NVCAP Working Group; several community pop-up events; numerous meeting with stakeholders including school district, commercial property owners and tenants, interest groups in housing and transportation; two community workshops; one meeting of the Architectural Review Board (ARB); two meetings of the Historic Resources Board (HRB); six meetings of the Planning and Transportation Commission (PTC); and seven meetings of the City Council.
F. Pursuant to the provisions and requirements of CEQA and CEQA Guidelines Section 15163, the City as lead agency, prepared a Supplemental Environmental Impact Report to the 2017 Comprehensive Plan Final EIR (SEIR) to analyze the potential environmental impacts resulting from adopting the NVCAP.
G. On May 8, 2024, the PTC held a duly and properly noticed public hearing to consider a draft of the SEIR and the NVCAP, and recommended that the City Council adopt the draft NVCAP.
H. On August 5, 2024, the City Council conducted a duly and properly noticed public hearing to take public testimony, consider the SEIR, reviewed the NVCAP and all pertinent maps, documents and exhibits, including the staff report, and all attachments, and oral and written public comments.
I. On August 5, 2025, the City Council adopted the NVCAP and certified SEIR and other environmental documents associated with the NVCAP.
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
2 Packet Pg. 299 of 377
***NOT YET APPROVED***
2 0160143_kb2_20240826_ay16
J. The City Council now desires to adopt modifications to the Palo Alto Municipal Code to implement the NVCAP.
SECTION 2. Chapter 18.29 (North Ventura (NV) District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
CHAPTER 18.29
NORTH VENTURA (NV) DISTRICT REGULATIONS
18.29.010 Purpose
18.29.020 Applicability of Regulations
18.29.030 Zoning Districts
18.29.040 Definitions
18.29.050 Permitted Uses
18.29.060 Development Standards
18.29.070 Parking and Loading
18.29.080 Context-Based Design Criteria and Objective Design Standards
18.29.090 Housing Incentive Programs for NV District
18.29.010 Purpose
The purpose of the North Ventura district is to implement the vision and framework of the North Ventura Coordinated Area Plan (NVCAP) through use regulations and development standards.
18.29.020 Applicability of Regulations
(a) The North Ventura districts shall apply to properties within the NVCAP and designated as North Ventura Coordinated Area Plan within the Palo Alto Comprehensive Plan. Where designated, the regulations set forth in this chapter shall apply in lieu of the comparable provisions established by the underlying zoning district regulations.
(b) Refer to the NVCAP for design guidelines related to streets and buildings in conjunction with the regulations contained within this chapter.
18.29.030 Zoning Districts
The North Ventura districts shall apply to properties designated on the zoning map by the symbol “NV” in front of the zoning district designation.
The following zoning districts are intended to create and maintain sites for residential, commercial and mixed-use sites:
(a) Single Family Residential District (NV-R1)
The NV-R1 single family residential district is intended to create, preserve, and enhance areas suitable for detached dwellings with a strong presence of nature and with open area affording maximum privacy and opportunities for outdoor living and children’s play. Minimum site area requirements are established to create and preserve variety among neighborhoods, to provide adequate open area, and to encourage quality design. Accessory dwelling units, junior accessory dwelling units and accessory structures or Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
3 Packet Pg. 300 of 377
***NOT YET APPROVED***
3 0160143_kb2_20240826_ay16
buildings are appropriate. Community uses and facilities are allowed to the extent no net loss of housing would result.
(b) Two Family Residential District (NV-R2)
The NV-R2 two-family residential district is intended to allow a second dwelling unit, under the same ownership as the initial dwelling unit, in areas designated for single-family use or NVCAP by the Palo Alto Comprehensive Plan, under regulations that preserve the essential character of single-family use.
Community uses and facilities are allowed to the extent no net loss of housing would result. (c) Medium Density Multiple-Family Residential District (NV-R3) The NV-R3 medium density multiple-family residential district is intended to create, preserve and enhance neighborhoods for multiple-family housing with better transition to lower density residential districts.
Projects at this density are intended for larger parcels that will enable developments to provide their own parking spaces and to meet their open space needs in the form of garden apartments or cluster developments. While there is no maximum density in the NV-R3 residential district, the NVCAP anticipates realistic development yields ranging from 16 to 30 dwelling units per acre based on the applicable development standards.
(d) High Density Multiple-Family Residential District (NV-R4) The NV-R4 high density multiple-family residential district is intended to create, preserve and enhance locations for apartment living at the greater density deemed appropriate for NVCAP. The most suitable locations for this district are along major transportation corridors which are close to mass transportation facilities and major employment and service centers. While there is no maximum density in the NV-R4 residential district, the NVCAP anticipates realistic development yields ranging from 61 to 100 dwelling units per acre based on the applicable development standards. (e) Low Density Mixed-Use District (NV-MXL)
The purpose of the NV-MXL district is to allow for small-scale commercial and services with limited amount of residential that is compatible with the surrounding development. While there is no maximum density in the NV-MXL district, the NVCAP anticipates realistic development yields ranging from three to 17 dwelling units per acre.
(f) Medium Density Mixed-Use District (NV-MXM)
The purpose of the NV-MXM district is to allow for a compatible mix of residential and limited commercial.
While there is no maximum density in the NV-MXM district, the NVCAP anticipates realistic development yields ranging from 31 to 70 dwelling units per acre.
(g) High Density Mixed-Use District (NV-MXH)
The purpose of the NV-MXH district is to allow for a mix of retail, restaurant, entertainment and commercial uses on the ground floor with residential on the upper floors, while maintaining a pedestrian- oriented streetscape. It is intended that the active ground floor retail space required will ensure neighborhood-oriented retail and services are provided within walking distance of high density residential. Ground floor active uses are required along El Camino Real. While no maximum density in the Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
4 Packet Pg. 301 of 377
***NOT YET APPROVED***
4 0160143_kb2_20240826_ay16
NV-MXH district, the NVCAP anticipates realistic development yields ranging from 61 to 100 dwelling units per acre.
(h) Public Facilities District (NV-PF)
The NV-PF public facilities district is designed to accommodate governmental, public utility, educational, and community service or recreational facilities. Within the North Ventura area, an approximate one-acre portion of the NV-PF district may permit a 100% affordable housing project.
18.29.040 Definitions
For the purposes of this chapter, the following definitions shall apply:
(a) “Street yard” means a yard adjoining a street lot line and may also be a front lot line.
18.29.050 Permitted Uses
(a) The uses of land allowed by this chapter in each zoning district are identified in the following tables.
Land uses that are not listed in the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections not specifically referenced may apply as well.
TABLE 1: PERMITTED AND CONDITIONALLY PERMITTED USES
P = Permitted Use
CUP = Conditional Use Permit Required
TUP = Temporary Use Permit Required
— = Not Permitted
LAND USE NV-
R1
NV-
R2
NV-
R3
NV-
R4
NV-
MXL
(1)(5)
NV-
MXM
(5)
NV-
MXH
NV-
PF
Subject to
Regulations
In:
ACCESSORY AND SUPPORT USES
Accessory facilities
and activities
customarily
incidental to the
permitted use
P P P P P P P — 18.40
18.10.080
18.12.080
Accessory Dwelling
Unit & Junior
Accessory Dwelling
Unit when
accessory to
primary and
permitted
residential use
P P P P P P P — 18.09
Home Occupations,
when accessory to
P P P P P P P P 18.42
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
5 Packet Pg. 302 of 377
*** NOT YET APPROVED ***
5 0160143_kb2_20240826_ay16
LAND USE NV-
R1
NV-
R2
NV-
R3
NV-
R4
NV-
MXL
(1)(5)
NV-
MXM
(5)
NV-
MXH
NV-
PF
Subject to
Regulations
In:
permitted
residential use
Horticulture,
Gardening, and
Growing of food
products for
consumption by
occupants of a site
P P P P P P P —
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Private Clubs,
Lodges, or Fraternal
Organizations,
excluding any such
facility operated as
a business for profit
— — — CUP CUP — — —
Private Educational
Facilities
CUP CUP CUP CUP CUP P P —
Religious
Institutions
CUP CUP CUP CUP P P P —
OFFICE USES(2)
Administrative
Office Services
— — — — P P P — 18.29.050(a)
Medical Offices — — — — P P P — 18.29.050(a)
Professional and
General Business
Offices
— — — — P P P — 18.29.050(a)
PUBLIC/QUASI-PUBLIC USES
Community Centers CUP CUP CUP CUP — — — CUP
(3)
Utility Facilities
essential to
provision of utility
services but
excluding
construction or
storage yards,
maintenance
facilities, or
corporation yards.
CUP CUP CUP CUP CUP CUP CUP —
RECREATION USES
Neighborhood
Recreational
Centers
— — CUP CUP — — — CUP
(3)
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
6 Packet Pg. 303 of 377
*** NOT YET APPROVED ***
6 0160143_kb2_20240826_ay16
LAND USE NV-
R1
NV-
R2
NV-
R3
NV-
R4
NV-
MXL
(1)(5)
NV-
MXM
(5)
NV-
MXH
NV-
PF
Subject to
Regulations
In:
Commercial
Recreation
— — — — CUP CUP CUP CUP
(3)
Outdoor Recreation
Services
CUP CUP CUP CUP — CUP CUP CUP
(3)
Youth Clubs — — — — — — — CUP
(3)
RESIDENTIAL USES
Single-Family P P — — — — — —
Two-Family P P — — — — — — 18.42.180
Multiple-Family — — P P P P P P(4)
Residential Care
Homes
P P P P P P P —
RETAIL USES
Eating and Drinking
Services, except
drive-in and take-
out services
— — P P P P P CUP
(3)
18.40.160,
18.29.050(c)
Personal Services
and Retail Services
of a neighborhood-
serving nature
— — P P P P P CUP
(3)
18.40.160,
18.29. 050(c)
Liquor stores — — — — — P P — 18.40.160,
18.29. 050(c)
SERVICE USES
Animal Care,
excluding boarding
and kennels
— — — — P P P — 18.29. 050(c)
Convalescent
Facilities
— — — CUP P P P —
Day Care Centers CUP CUP CUP P P P P — 18.40.160
Large Family Day
Care Homes
P P P P P P P P(3)
Small Family Day
Care Homes
P P P P P P P P(3)
Large Adult Day
Care Homes
CUP CUP P P P P P P(3)
Small Adult Day
Care Homes
P P P P P P P P(3)
Financial Services — — — — P P P — 18.29.050(a)
18.29.060(b)
General Business
Services
— — — — P P P — 18.29. 050(a)
18.29.060(b)
Hotels — — — — — P P — 18.40.160,
18.16.060(d)
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
7 Packet Pg. 304 of 377
*** NOT YET APPROVED ***
7 0160143_kb2_20240826_ay16
LAND USE NV-
R1
NV-
R2
NV-
R3
NV-
R4
NV-
MXL
(1)(5)
NV-
MXM
(5)
NV-
MXH
NV-
PF
Subject to
Regulations
In:
Personal Services — — — — P P P — 18.40.160,
18.29. 050(c)
18.29.060(b)
AGRICULTURAL AND OPEN SPACE USES
Park uses and uses
incidental to park
operation
— — — — — — — P
All facilities owned
or leased, and
operated or used,
by the City of Palo
Alto, the County of
Santa Clara, the
State of California,
the government of
the United States,
the Palo Alto
Unified School
District, or any
other
governmental
agency, or leased
by any such agency
to another party
— — — — — — — P
Utility Facilities — — — — — — — CUP
TEMPORARY USES
Temporary Uses — — TUP TUP — — — — 18.42.050
Farmer’s Markets — — — — — CUP CUP —
Temporary Parking
Facilities, provided
that such facilities
shall remain no
more than five
years
— — — — — CUP CUP CUP
(3)
Notes:
(1) For NV-MXL zoning district, the total floor area of non-residential uses permitted and conditionally permitted on a lot shall not exceed 5,000 square feet.
(2) For office uses, total floor area of permitted office uses on a lot shall not exceed 5,000 square feet. (3) Provided such use is conducted on property owned by the City of Palo Alto, the County of Santa Clara, the State of California, the government of the United States, the Palo Alto Unified School District, or any other governmental agency, and leased for said uses. (4) Only a 100% Affordable Housing Project is permitted. Development shall follow NV-R4 standards. (5) Ground floor uses shall comply with the ground floor edge framework set forth in NVCAP section
2.3. Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
8 Packet Pg. 305 of 377
*** NOT YET APPROVED ***
8 0160143_kb2_20240826_ay16
(a) Office Use Restrictions
(1) Conversion of Ground Floor Housing and Non-Office Commercial to Office Medical, Professional, and Business offices shall not be located on the ground floor, unless any of the following apply to such offices:
(A) Have been continuously in existence in that space since September 23, 2024 and as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.30(I); (B) Occupy a space that was not occupied by housing, neighborhood business service, retail services, personal services, eating and drinking services, or automotive service on September 23, 2024 or thereafter;
(C) Occupy a space that was vacant on September 23, 2024; or (D) Are located in new or remodeled ground floor area built on or after September 23, 2024 if the ground floor area devoted to housing, retail services, eating and drinking services, and personal services does not decrease.
(E) Along El Camino Real, the office use has a consistent flow of in-person customers visiting the business, such as a dentist or medical office.
(2) Size Restrictions on Office Uses in the NV District (A) Total floor area of permitted office uses on a lot shall not exceed 5,000 square feet. (b) Late Night Use and Activities
Late Night Use and Activities requirements established in Section 18.42.040 shall apply to NV zoning districts.
(c) Active Ground Floor Commercial Uses
The NVCAP requires active ground floor uses along the El Camino Real corridor and encourages active ground floor uses on other designated streets. Active uses are activities and functions that promote social engagement, vitality, and interaction within a community. Refer to NVCAP, Section 2.3 for detailed requirements.
(1) Active ground floor commercial uses generally include retail, personal services, neighborhood business service, and eating and drinking establishments. These may also include other active uses such as daycare, building lobbies, spaces accessory to residential uses such as fitness rooms, workspaces, leasing offices, bicycle facilities (Class I) with direct access to the sidewalk. Office uses may be included only to the extent they are permitted in ground floor regulations, are consistent with 18.29.080(a) and have a regular flow of in-person customers.
(2) Ground floor commercial uses are required for properties with frontage along El Camino Real, as shown in the NVCAP Section 2.3 (Ground Floor Edges)
(3) Ground floor commercial uses shall have a minimum floor to ceiling height of 14 feet.
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
9 Packet Pg. 306 of 377
*** NOT YET APPROVED ***
9 0160143_kb2_20240826_ay16
(4) Retail or retail-like at the ground floor is required at the intersections of El Camino Real and Olive Avenue, and El Camino Real and Portage Avenue.
(5) 100% affordable housing projects are exempt from providing ground floor commercial uses.
18.29.060 Development Standards
(a) The following tables specify the development standards that shall apply to NV district properties.
Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the development standard; however, provisions in other sections may apply as well.
TABLE 1: LOW DENSITY RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD NV-R1 NV-R2 Subject to
Regulations In:
Minimum Setbacks Setback lines imposed by a special
setback map pursuant to Chapter
20.08 of this code may also apply
18.10.050
Street yard (ft) Pepper Ave:
10’ to create a
12’ effective
sidewalk width
(1)
Olive Ave:
10’
Olive Ave:
10’
18.29.020(b)
Height (ft) 35’ 35’
Parking Refer to 18.29.070
Other development standards See regulations
in Chapter 18.12
See regulations
in Chapter 18.10
Notes:
(1) The effective sidewalk width includes the pedestrian clear zone and landscape/furniture zone as described in PAMC 18.24.020.
TABLE 2: MULTI-FAMILY RESIDENTIAL & MUTLI-FAMILY RESIDENTIAL MIXED-USE DEVELOPMENT
STANDARDS
DEVELOPMENT STANDARD NV-R3
NV-R4
Subject to
Regulations
In:
Minimum Site Specifications
Site Area (ft2)
Site Width (ft)
Site Depth (ft)
8,500
70 100
Minimum Setbacks
Street Yard (ft) Park Blvd.: 15’
Ash St: 5’
Acacia Ave: 5’
Portage Ave: 5’
Park Blvd.: 15’
Olive Ave.: 20’
Ash St.: 5’
18.29.020(b)
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
10 Packet Pg. 307 of 377
*** NOT YET APPROVED ***
10 0160143_kb2_20240826_ay16
DEVELOPMENT STANDARD NV-R3
NV-R4
Subject to
Regulations
In:
Page Mill Rd:
sufficient to create a
12’ effective
sidewalk width(2)(3)
Interior Side Yards (ft) 5’ 5’
Interior Rear Yards (ft) 10’ 10’
Build-to-Lines 50% of frontage built to setback(1)
33% of side street built to setback(1)
Maximum Height (ft)
Standard 45’ 65’ 18.29.100
Daylight Plane, for side and rear lot
lines for sites abutting any NV-R1 or
NV-R2 district or abutting a site
containing a single-family or two-
family residential use in a mixed-use
district
10’ initial height
45-degree daylight plane angle
Daylight Plane, for side and rear lot
lines for sites abutting any NV-R3,
NV-R4, Planned Community, or
mixed-use district that does not
contain a single-family or two-family
residential use
Refer to 18.24.050(b)(1)(C)
Maximum Lot Coverage (%)
Base 60 80
Additional area permitted to be
covered by covered patios or
overhangs otherwise in
compliance with all applicable
laws
5 5
Floor Area Ratio (FAR)
Maximum Residential FAR 1.5:1 3.0:1
Maximum Non-residential FAR 0.15:1 0.15:1 18.29.050(c)
Total Mixed-Use FAR 1.5:1 3.0:1
Residential Density (net units per acre)
Maximum units per acre None None
Minimum units per acre 16 61
Minimum Landscape/Open Space
Coverage (%)(4)
30 10
Minimum Usable Open Space (ft2
per unit)
150 150
Minimum Common Open Space (ft2
per unit)
75 75
Minimum Private Open Space (ft2
per unit)
50 50
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
11 Packet Pg. 308 of 377
*** NOT YET APPROVED ***
11 0160143_kb2_20240826_ay16
DEVELOPMENT STANDARD NV-R3
NV-R4
Subject to
Regulations
In:
Landscape Requirements 18.40.130
Parking Refer to 18.29.070
Notes:
(1) 25-foot driveway access permitted regardless of frontage. (2) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (3) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (4) Landscape coverage may be provided above the ground-floor.
TABLE 3: MIXED-USE DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARD
NV-MXL NV-MXM
NV-MXH
Subject to
Regulations
In:
Minimum Site
Specifications
Site Area (ft2)
Site Width (ft)
Site Depth (ft)
None Required
Minimum Setbacks
Street Yard (ft) Ash St.: 5’
Olive Ave.: 10’
Portage Ave: 0’
Pepper Ave: 10’
El Camino
Real: sufficient
to create a 12’
effective
sidewalk
width(1)(2)
El Camino
Real: sufficient
to create a 12’
effective
sidewalk
width(1)(2)
Pepper: 10’
Olive Ave 10’
Ash St: 5’
Park Blvd: 15’
Lambert Ave:
5’
Portage Ave:
5’
Acacia Ave: 5’
Park Blvd: 15’
El Camino Real:
sufficient to
create a 12’
effective
sidewalk
width(1)(2)
Oregon
Expy/Page Mill
Rd: sufficient to
create a 12’
effective
sidewalk(1)(2)
Lambert Ave: 5’
Acacia Ave: 5’
Portage Ave: 5’
18.29.020(b)
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
12 Packet Pg. 309 of 377
*** NOT YET APPROVED ***
12 0160143_kb2_20240826_ay16
DEVELOPMENT
STANDARD
NV-MXL NV-MXM
NV-MXH
Subject to
Regulations
In:
Build-to-Lines None For properties abutting El Camino
Real:
50% of frontage built to setback(1)
33% of side street built to
setback(1)
Rear Yard (ft) 10’ 10’ for
residential
portion/ none
for commercial
portion
10’ for
residential
portion/ none
for commercial
portion
Rear Yard abutting
residential zone district
(ft)
10’ 10’ 10’
Interior Side Yard (ft) 10’ 5’ 5’
Build-to-lines None Required
Permitted Setback
Encroachments
Refer to Section 18.40.070
Maximum Setback (ft) Not applicable El Camino
Real: 10’
El Camino Real:
10’
Maximum Lot Coverage
(%)
50 100 100
Minimum
Landscape/Open Space
Coverage (%)
20 10 10
Usable Open Space
(Private and/or
Common) (ft2)
150 per unit 18.16.090
Maximum Height (ft) 18.29.100
Standard 35’ 55’ 65’
Ground Floor Height Refer to Section 18.24.060(c)(5)(A) Daylight Plane for lot
lines abutting one or
more residential zoning
districts
Daylight plane height and slope shall be identical to
those of the most restrictive residential zoning district abutting the lot line
Residential Density (net units per acre)
Maximum units per
acre
None Required
Minimum units per
acre
3 31 61
Floor Area Ratio (FAR)
Maximum Residential
FAR
0.5:1 2.0:1 3.0:1
Maximum Non-
residential FAR(4)
0.25:1 0.25:1 0.25:1 18.29.050(c)
18.29.060(c)
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
13 Packet Pg. 310 of 377
*** NOT YET APPROVED ***
13 0160143_kb2_20240826_ay16
DEVELOPMENT
STANDARD
NV-MXL NV-MXM
NV-MXH
Subject to
Regulations
In:
Minimum Mixed-Use
Ground Floor
Commercial FAR
0.15:1 0.15:1 0.15:1 18.29.050(c)
Total Mixed-Use FAR 0.5:1(4) 2.0:1 3.0:1
Parking Refer to 18.29.070
Notes:
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (3) The 150-foot measurement may be reduced to 50 feet at minimum, subject to approval by the Planning Director, upon recommendation by the Architectural Review Board pursuant to criteria set forth in Chapter 18.76.
(4) As provided in 18.29.060(c), maximum FAR for hotels shall be 2.0:1. Hotel projects in the NV-MXL zone may reach a Total Mixed-Use FAR of 2.0:1.
(b) Storefront Guidelines
Where active use and retail frontages are required or located within the NV district on the ground floor, the following design standards shall apply:
(1) Exterior windows on the ground floor shall use transparent glazing to the extent feasible. Low-e glass or minimal tinting to achieve sun control is permitted, so long as the glazing appears transparent when viewed from the ground level.
(2) Window coverings are not permitted on the ground floor during typical business hours. Where operations preclude transparency (e.g., theaters) or where privacy requires window coverings, sidewalk- facing frontage shall include items of visual interest including displays of merchandise or artwork; visual access shall be provided to a minimum depth of three (3) feet. (3) No more than 10% of the total street-facing building façade or a maximum of 25 feet in width, whichever is greater, shall be dedicated to mechanical equipment rooms, parking garage entrances, exit stairs, and other facilities necessary for building operation. (c) Hotel Regulations
(1) The purpose of these regulations is to allow floor area for development of hotels more than floor area limitations for other commercial uses, to provide a visitor-serving use that results in an enhanced business climate, increased transient occupancy tax and sales tax revenue, and other community and economic benefits to the city.
(2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1, subject to the following limitations:
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
14 Packet Pg. 311 of 377
*** NOT YET APPROVED ***
14 0160143_kb2_20240826_ay16
(A) The hotel use must generate transient occupancy tax (TOT) as provided in Chapter 2.33 of the Palo Alto Municipal Code; and
(B) No room stays more than thirty days are permitted, except where the city council approves longer stays through an enforceable agreement with the applicant to provide for compensating revenues. (3) Hotels may include residential condominium use, subject to:
(A) No more than twenty-five percent (25%) of the floor area shall be devoted to condominium use; and
(B) No more than twenty-five percent (25%) of the total number of lodging units shall be devoted to condominium use; and
(C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s); and (D) Where residential condominium use is proposed, room stays for other hotel rooms shall not exceed thirty (30) days.
(4) Violation of this chapter is subject to enforcement action for stays more than thirty days not permitted under the provisions of this chapter, in which case each day of room stay more than thirty days shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters
1.12 and 1.16.
18.29.070 Parking and Loading
All projects shall comply with the parking and loading standards in PAMC Chapters 18.52 and 18.54, unless a parking reduction is permitted pursuant to state law. If a reduction in automobile parking is permitted under Government Code Section 65863.2, a project will be subject to the requirement to provide electric vehicle spaces and accessible parking spaces that would have otherwise applied to the development if Government Code Section 65863.2 did not apply.
18.29.080 Context-Based Design Criteria and Objective Design Standards In addition to the development standards prescribed in 18.29.050, all Housing Development Projects shall comply with the objective standards outlined in Chapter 18.24, as defined herein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process. In the event of any conflict between the development standards established in this Chapter and those established in Chapter 18.24, the NVCAP standards shall prevail. (a) Multiple Family Context-Based Design Criteria
Refer to Section 18.13.060 for the Context Based Design Criteria. (b) Mixed-Use and Commercial Context-Based Design Criteria Refer to Section 18.16.090 for the Context Based Design Criteria.
18.29.090 Housing Incentive Programs for NV District
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
15 Packet Pg. 312 of 377
*** NOT YET APPROVED ***
15 0160143_kb2_20240826_ay16
(a) Housing development projects in the NV Districts may utilize any Housing Incentive Program or Affordable Housing Incentive Program set forth in Sections 18.14.030 and 18.14.040.
18.29.100 Non-conforming Uses and Non-Complying Facilities (a) Office Use.
(1) Any office use that is the most recently operating use and any office facility established prior to the effective date of this ordinance may remain as legal and non-conforming use and/or non-complying facility.
(2) The legal and non-conforming office use described in subdivision (a)(1) shall be considered abandoned and may be replaced only by a conforming use if it ceases and thereafter remains discontinued for up to 24 consecutive months after the effective date of this ordinance.
(3) A non-conforming office use which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a legal non-conforming use to a conforming use, shall not thereafter be used except to accommodate a conforming use.
(4) The legal and non-conforming office use and/or non-complying office facilities shall be permitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided such remodeling, improvement, or replacement complies with all of the following:
(A) Shall not result in increased floor area.
(B) Shall not relocate below grade floor area to above grade portions of the building. (C) Shall not result in an increase of the height, length, building envelope, building footprint or any other increase in the size of the improvement. For purposes of this section, “building envelope” shall mean the three-dimensional shape and size occupied by an existing building. It is not the maximum, buildable potential of the site. (D) Shall not increase the degree of noncompliance.
(E) The Director may approve minor changes to the building’s footprint, height, length, and the building envelope through Architectural Review of minor aesthetic architectural improvements and to improve pedestrian-orientation provided there is no increase to the degree of any non-complying feature.
(b) Any other uses or facilities rendered non-conforming or non-complying by this Chapter shall be subject to Chapter 18.70, including the schedules for required termination of non-conforming uses under Section 18.70.070.
18.29.110 Transportation Demand Management Plan
A transportation demand management plan shall be required for all new development projects or any projects that meet the conditions listed in PAMC Section 18.52.030(i).
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
16 Packet Pg. 313 of 377
*** NOT YET APPROVED ***
16 0160143_kb2_20240826_ay16
SECTION 3. Table 1 of Section 18.14.020 (Housing Element Opportunity Sites) of Chapter
18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined):
Table 1
Housing Element Opportunity Site Development Standards
(Residential and Commercial Mixed Use Districts)
Base Zoning
District
Maximum Far(1) Minimum
Landscape
Coverage
Residential Density
(du/ac)(4)
Other
Development
Standards
Residential Total Minimum Maximum
CC(2) 1.5 2.0 (3) 20 See base
district
regulation
s: 18.16.0
60 See base district
regulations:
18.16.060 CC 1.25 1.25 (3) 20
CS (El Camino
Real)
1.25 1.25 (3) 20
CS (Other) 1.25 1.25 (3) 20 See HE
Appendix
D
CN (El Camino
Real)
1.25 1.25 30%(3) 20 See base
district
regulation
s: 18.16.0
60 CN (Other) 1.25 1.25 30%(3) 20 See HE
Appendix
D
CD-C 2.0 2.0 (2) (3) 20 See base
district
regulation
s: 18.18.0
60 See base district
regulations:
18.18.060
CD-N 1.5 1.5 (3) 20 See HE
Appendix
D
RP 1.25 1.25 (3) 25 None; 40
du/ac
anticipate
d
See base district
regulations:
18.20.040
RM-40 1.5 1.5 (3) 31 See base district
regulations: RM-30 1.25 1.25 (3) 20
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
17 Packet Pg. 314 of 377
*** NOT YET APPROVED ***
17 0160143_kb2_20240826_ay16
RM-20 1.25 1.25 See 18.13.0
40 20 See HE
Appendix
D
18.13.040
NV-R3 See base district regulations: 18.29.060, except that maximum height shall be 50’, maximum lot coverage shall be 70%, and minimum density shall be 25 du/ac.
Notes:
(1) Nothing in this table increases the non-residential floor area permitted in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regulations.
(4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by estimating the realistic development capacity of the site based on the objective development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for specified densities.
SECTION 4. Section 18.24.010 (Purpose and Applicability) of Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (additions underlined, and unchanged text omitted by bracketed ellipses):
18.24.010 Purpose and Applicability
(a) Purpose
[. . .]
(b) Applicability of Regulations
These regulations apply to Housing Development Projects (as defined in Gov. Code 65589.5), both new construction and renovations, within the following zones and combining districts:
(1) Chapter 18.12: R-1, for multiple-family uses only (2) Chapter 18.13: RM-20, RM-30, RM-40
(23) Chapter 18.16: CN, CC, CC(2), CS
(34) Chapter 18.18: CD-C, CD-S, CD-N
(45) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM (56) Chapter 18.28: PF
(7) Chapter 18.29: NV-N3, NV-R4, NV-MXM, NV-MXH
(68) Chapter 18.34: PTOD combining district
Housing Development Projects include m Multifamily housing with three or more units ("multiple-family use" as defined in Section 18.04.030), supportive and transitional housing, and residential mixed-use projects with at least two-thirds residential square footage shall meet the objective design standards. (c) Process and Alternative Compliance
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
18 Packet Pg. 315 of 377
*** NOT YET APPROVED ***
18 0160143_kb2_20240826_ay16
[. . .]
SECTION 5. Section 18.70.040 (Nonconforming use – Discontinuance) of Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of Title 18 (Zoning) is amended to read as follows (additions underlined):
18.70.040 Nonconforming use - Discontinuance.
(a) On any site having facilities thereon valued at less than one thousand dollars, any nonconforming use, other than a residential use, which is discontinued or abandoned or otherwise ceases operation and use of the site for a period of six months or longer shall not be resumed, reestablished, or continued, and all subsequent use of such site and facilities thereon shall conform to this title.
(b) On any site not subject to subsection (a), a nonconforming use of facilities designed and constructed for nonresidential purposes which is discontinued or abandoned or otherwise ceases operation and use of the site for a period of one year or more shall not be resumed, and all subsequent use of such site and facilities thereon shall conform to this title. Notwithstanding the foregoing, a nonconforming use within the North Ventura Coordinated Area Plan boundaries may be reestablished unless the use is discontinued or abandoned or otherwise ceases operation and use of the site for a period of two years or more.
(c) Notwithstanding the provisions of Section 18.70.030, or the provisions of subsections (a) and (b) of this section, in any residential district, a nonresidential, nonconforming use occupying facilities originally designed and constructed for residential use which is discontinued or abandoned or otherwise ceases operation and use of the site for a period of ninety days or greater shall not be continued or recommenced, and any subsequent use of the site and facilities shall conform to this title. This provision shall not be construed to prevent a change of ownership or management of such nonconforming use; provided, that any cessation of operation of the use is solely in connection with the transfer of ownership or management to a specifically designated person or entity and is solely for the purpose of accomplishing any transfer of title, equipment, operational control, or similar purpose.
(d) The timeframes provided in this Section apply only when a use is both nonconforming and discontinued or abandoned or otherwise cease operation and use of the site. Only the most recently operating nonconforming use may be reestablished within the timeframes provided in this Section.
SECTION 6. Section 16.65.030 (Basic affordable housing requirement - residential ownership projects) of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building Regulations) is amended to read as follows (additions underlined, and unchanged text omitted by bracketed ellipses):
16.65.030 Basic affordable housing requirement - residential ownership projects.
The provisions of this section shall apply to all residential ownership projects, including the residential ownership portion of any mixed use project containing three or more units, except for any residential ownership project exempt under Section 16.65.025.
(a) Unless an alternative is approved as described in Section 16.65.080, residential ownership projects shall provide the following:
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
19 Packet Pg. 316 of 377
*** NOT YET APPROVED ***
19 0160143_kb2_20240826_ay16
(1) For projects on sites of less than five acres, fifteen percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households; (2) For projects on sites of five acres or more and all townhome projects in the NV districts, twenty percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households; and
(3) For projects that convert existing rental housing to condominiums, other residential ownership or nonresidential space or that remove existing rental housing, twenty-five percent of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households.
(4) Calculations of the number of affordable units required by this section shall be based on the number of dwelling units in the residential project, excluding any density bonus units. Projects shall not receive a credit for any existing dwelling units demolished as part of the project. (b) The affordable units shall be made available at the following affordable sales prices:
[. . .]
SECTION 7. Section 16.65.040 (Basic requirement - mixed use, nonresidential and residential rental projects) of Chapter 16.65 (Citywide Affordable Housing Requirements) of Title 16 (Building Regulations) is amended to read as follows (additions underlined; deletions struck-through):
16.65.040 Basic requirement - mixed use, nonresidential and residential rental projects. (a) Unless the mixed use, nonresidential or residential rental project is exempt under Section 16.65.025 or an alternative is approved as described in Section 16.65.080, all mixed use, nonresidential and residential rental projects shall pay housing impact fees as specified in Section 16.65.060 to mitigate the projects' impacts on the need for affordable housing; except:
(1) that theThe residential ownership portion of a mixed use project containing three or more units shall comply with Section 16.65.030.
(2) In the NV districts, residential rental projects, including mixed use projects containing residential rental units, shall provide fifteen percent of the dwelling units in the project at rates affordable to lower income households.
//
//
//
//
//
//
//
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
20 Packet Pg. 317 of 377
*** NOT YET APPROVED ***
20 0160143_kb2_20240826_ay16
SECTION 8. Pipeline Projects. This Ordinance and the NVCAP shall not apply to any project application deemed complete prior to the effective date of this Ordinance. Any project completed pursuant to such application shall be deemed a legal non-conforming structure and/or use, subject to the provisions of Palo Alto Municipal Code Chapter 18.70.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
Item 12
Attachment A - Ordinance
Adding Chapter 18.29 and
Amending Chapters
18.14, 18.24, 18.70, and
16.65 Item 12: Staff Report
Pg.
21 Packet Pg. 318 of 377
City Council
Staff Report
Report Type: ACTION ITEMS
Lead Department: City Clerk
Meeting Date: October 21, 2024
Report #:2410-3555
TITLE
Approval of FY 2025 Architectural Review Board, Historic Resources Board, Human Relations Commission, and Planning and Transportation Commission Workplans; CEQA status – not a project
RECOMMENDATION
The Architectural Review Board, Historic Resources Board, Human Relations Commission, and Planning and Transportation Commission recommend approval of each Commission’s respective Fiscal Year 2025 Workplan.
BACKGROUND
Approval of the FY 2025 Architectural Review Board, Historic Resources Board, and Planning and Transportation Commission Workplans was agendized for the August 12, 2024 City Council meeting agenda. The item was removed off the agenda and has been rescheduled to October 21, 2024.
On November 30, 2020, the City Council adopted the Boards, Commissions and Committees (BCC) Handbook1, which implemented an annual review and approval of BCC workplans.
Each BCC is required to prepare an annual workplan for Council’s review and approval. The annual report should include the results of the prior year’s workplan and should consist of up to three priorities. When applicable, the City Council would like to see metrics of community involvement and participation in meetings and activities included in the workplan.
Council may refer additional items to the BCC in response to new developments. If the BCC would like to add an issue for review after an annual workplan has been approved the City Council, a prompt request by the BCC Chair to the City Council is required and the item will then be addressed by the City Council as a whole.
1 City Boards, Commissions, and Committees Handbook:
https://www.cityofpaloalto.org/files/assets/public/v/2/city-clerk/palo-alto-boards-commissions-and-committees- handbook_final_2022.pdf
Item 13
Item 13 Staff Report
Item 13: Staff Report
Pg.
1 Packet Pg. 319 of 377
Each BCC will give a brief presentation summarizing its prior year accomplishments and FY 2025 workplan highlights. At this meeting, Council will review workplans for the Planning and Development-related BCCs: Architectural Review Board, Historic Resources Board, Planning and Transportation Commission, as well as the Human Relations Commission.
Council reviewed Community Services- related BCCs (Parks and Recreation Commission, and Public Art Commission) at the October 7, 2024 meeting and infrastructure-related BCCs (Stormwater Management Oversight Committee and Utilities Advisory Commission) at the August 19, 2024 meeting.
FISCAL/RESOURCE IMPACT
Projects included in commission workplans ultimately require staff time and other City resources to complete. When possible, staff provide input to the commissions during workplan development to ensure the impact on staff time and resources is reasonable given staff workload and other competing priorities.
STAKEHOLDER ENGAGEMENT
Commission workplans are discussed publicly either in regular commission meetings or commission retreats.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because this is a continuing administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: FY 2025 Architectural Review Board Workplan Attachment B: FY 2025 Historic Resources Board Workplan Attachment C: FY 2025 Human Relations Commission Workplan Attachment D: FY 2025 Planning and Transportation Commission Workplan APPROVED BY:
Mahealani Ah Yun
Item 13
Item 13 Staff Report
Item 13: Staff Report
Pg.
2 Packet Pg. 320 of 377
5 0
6 5
Architectural Review Board
2024-2025 Workplan
Staff Liaison: Claire Raybould, AICP, Principal Planner Lead Department: Current Planning, Planning and Development Services Division About the Board
The Architectural Review Board is composed of five members, at least three of whom are architects, landscape architects, building designers or other design professionals. Terms are for three years. See Palo Alto Municipal Code (PAMC) Chapter 2.21. Residency is not required. For the ARB webpage go to bit.ly/paloaltoARB .
Boardmembers
•Peter Baltay (Chair)
•Kendra Rosenberg (Vice Chair)
•Mousam Adcock
•Yingxi Chen
•David Hirsch
Mission Statement
The Architectural Review Board reviews and makes recommendations to the Planning Director on the building design, site planning, landscape planning, massing and facades, material selection, lighting, signage and other related issues for most major new construction including additions and renovations that alter the exterior building face. The type of buildings reviewed include commercial, industrial, and multiple-family residential. In addition, the ARB is a resource as knowledgeable observers of many varied urban environments, to assist Palo Alto as it develops area plans to accommodate additional housing.
The ARB Scope of Review is fully noted in Title 18 of the Municipal Code, Chapter 18.76 under Section 18.76.020 as well as in Chapter 18.77 under Section 18.77.073.
Prior Year
Accomplishments
• See attached Summary
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
3 Packet Pg. 321 of 377
5 0
6 5
PROJECT/GOAL 1: Review Planning applications for conformance with ARB Findings and Objective Standards
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
This is the Board's main mission and serves
to ensure the City develops high quality
projects
On-Going Planning staff prepare staff reports,
packets and presentations. They ensure
paper plan sets and material boards are
ready for ARB review. Other
departments, such as, City Attorney,
Urban Forestry, Transportation, etc., may
be required from time to time.
Consultants, including CEQA
consultants, may also be required.
Issuance of recommendations on
projects and high-quality architecture
throughout the City.
Yes
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
•Projects that include new housing units that will help with City reach its regional housing needs allocation (RHNA)
N/A
PROJECT/GOAL 2:
Assist the City as it considers modifications to Objective Standards; Provide feedback based on research from projects as they go through the objective standards ministerial processes. Suggest ways to better address different housing typology.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Streamline the objective standard review
process and ensure that projects using
the streamlined review process/objective
standards conform to the City’s
Comprehensive Plan, Goals and Policies,
including its high-quality design standards
Provide high level modifications to
objective standards to Council by
the end of 2024; If directed by
Council, work with staff to propose
specific code language for Council
adopted by the end of FY 2025
Additional staff at Planning so that the
quality and completeness of the work is
maintained.
Council Approval No
HIGH
PRIORITY
LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
In order of priority:
•Modifications to address objective standards (18.24) based on review of several projects using the standards
•Modifications to address townhome projects based on the feedback from the ARB Ad Hoc Committee on townhomes
•Modifications to SB 9 objective standards
No
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
4 Packet Pg. 322 of 377
5 0
6 5
PROJECT/GOAL 3:
Discuss specific Coordinated Area Plans that the ARB would recommend exploring/implement; If the City Council directs the preparation of those plans to staff, provide comments on those Coordinated Area Plans
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
This project would enhance implementation
of the City's Comprehensive Plan
On-going Planning staff to help research policies and
programs; coordination with long range
planning section staff.
Increased adherence to
Comprehensive Plan policies
Yes
HIGH
PRIORITY
LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
•Coordinated Area Plan for San Antonio area
•Downtown Housing Plan
•California Avenue
•Encina Avenue No
PROJECT/GOAL 4: Provide feedback to staff and Council on the creation of new guidelines, ordinances, and/or streetscape, including but not limited to upcoming roof terraces, bird safe glazing and dark sky lighting regulations, parklets design, and streetscape designs.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The ARB has unique feedback to provide
as a stakeholder as they have interest in
approving the aesthetic environment of
the City while also understanding
constraints that architects/developers
may come across when implementing
standards being considered
Anticipated to return to the Board in
spring/summer 2024
Staff time Council Approval Yes
HIGH
PRIORITY
LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
•Roof Terraces
•Bird safe glazing / dark skys
•Riparian setbacks
•Monitor parklet and streetscape design No
PROJECT/GOAL 5:
Improve Coordination between the Architectural Review Board and other boards, commissions and Council.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
5 Packet Pg. 323 of 377
5 0
6 5
•Improved coordination between
boards/commissions and
council to get feedback from
colleagues on other board
•More coordinated feedback
from the City for developers
On-going Staff time •Staff provide summary reports
from PTC, ARB, and HRB
meetings promptly following each
meeting
•Take direct feedback from the
ARB on reviewed projects up for
Council approval. The ARB can
appoint a member to represent the
board directly to the Council
No
HIGH
PRIORITY
LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
•Create liaisons between boards/commissions No
Architectural Review Board of the City of Palo Alto
Annual Report of Prior Year Accomplishments and ARB Recommendations for Fiscal Year 2025 Following is a review of the ARB’s accomplishments over the past year and the Board’s recommendations to Council regarding areas of work that should be prioritized in next fiscal year and opportunities for better coordination.
1.Application Review. The ARB takes prides in its collaborative process of review, where members meld their individual opinions and experience into one democratic summary that improves proposed projects and therefore the quality of the Palo Alto built environment. This past year, the ARB reviewed approximately 20 projects including two major public projects, multi-family housing projects with inclusionary below market rate units, and commercial projects as well as larger retail modifications in Stanford Shopping Center, meeting Goal 1 of the 2024 annual work plan. Our review and oversight of the following projects has made a real and significant difference. Below are renderings of some of these projects showing the initial proposal and final design.
Address/project Building type
3001 El Camino Real Affordable Housing
3200 Park Boulevard Development Agreement
420 Acacia Ave Housing (with inclusionary units)
739 Sutter Avenue Housing (with inclusionary units)
3600 Middlefield Road Fire Station
180 El Camino Real Arhaus Facade
180 El Camino Real Sushi Roku Facade
180 El Camino Real Restoration Hardware Facade
123 Sherman Avenue Office
2501 Embarcadero Advanced Water Purification System
800 San Antonio Road Mixed Use (Office and retail with inclusionary units) SB 9 Objective Standards Review Ordinance/Plan
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
6 Packet Pg. 324 of 377
5 0
6 5
In addition, a number of projects came in as a preliminary review to obtain early feedback from the ARB. The ARB’s early review of these projects and boardmember feedback prior to formal application will help to incorporate key programming modifications and design changes in the early stage of development, helping to streamline the formal application. These included 640 Waverley Street, 616 Ramona Street, 1066 East Meadow Drive, and 70 Encina Avenue.
•The ARB provided valuable feedback to assist Council with respect to updating SB 9 standards. They also provided a comprehensive review and made recommendations on updates to the objective standards to better address townhome style designs. This work was consistent with Goal 2 of the fiscal year 2024 work plan.
•The ARB provided valuable feedback to assist Council with respect to Preapproved Parklets Design. Although not explicitly identified in the work plan, this work was consistent with Goal 2 of the fiscal year 2024 work plan. •The ARB provided valuable feedback to assist Council with respect to the Dark Skies and Bird Safe Glazing Ordinance as well as the North Ventura Coordinated Area Plan consistent with Goal 3 of the fiscal year 2024 work plan. Additional work on this effort is expected in the next few months to further assist with these efforts prior to a final Council decision.
Recommendations
PAMC Section 2.21.030 directs the Architectural Review Board to report annually our “concerns… with respect to the city’s plans, policies, ordinances and procedures as these affect the projects which the board reviews.” Our reviews are site specific – we look at individual development proposals, not broad policies. At the same time, we are directed to look at each project in both its physical and regulatory context – how it will enhance its neighborhood (or not) and how it will implement the City’s polices, from the Comprehensive Plan to the various design guidelines the City uses. Because we look at many projects each year, and because many board members have years of experience in Palo Alto, patterns emerge and specific areas of concern have been identified. Our comments this year are centered around the increasing importance of housing projects to the city.
2. Objective Design Standard Refinements. In our continuing response to recently enacted state legislation, Palo Alto previously adopted objective design review standards for housing projects, effectively eliminating architectural review on residential and mixed-use projects where objective standards can be met in order to streamline review of those applications.
Several residential projects over the past year were townhouse type developments (3200 Park Boulevard, 739 Sutter Avenue, 420 Acacia). In our review, it was noted that some of the current standards focused more on larger multi-family buildings. Therefore, some aspects of townhouse style design were not fully addressed/accommodated for in the standards. Through an Ad Hoc committee we studied many local townhouse developments and have provided the planning department with recommendations to modify the Objective Design Standards to address townhome designs as well as larger multi-family designs.
The ARB recommends that refinements be made to the objective standards based on implementation of the standards for a series of projects as well as with the recommendations from the ARB regarding modifications for townhome designs.
3. Coordinated Area Plans to encourage housing development and better planning •San Antonio Avenue area. The San Antonio Avenue area is experiencing increasing residential development but our zoning regulations for the area are outdated and focused on commercial development, resulting in applicant uncertainty and long entitlement processes. The existing one-story light industrial and commercial buildings will be substantially replaced in the coming decade. A coordinated area plan will allow us to consider larger issues such as Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
7 Packet Pg. 325 of 377
5 0
6 5
transportation, neighborhood parks, city services, pedestrian/bicycle pathways, and integration with nearby developments in Mountain View as this area transforms.
•Downtown. To increase housing, the downtown area needs revised standards to accommodate redevelopment of parking lots as to encourage housing additions while maintaining the vibrancy of the downtown area and its pedestrian friendly streetscape. •California Avenue area. With State requirements as outlined in AB 2097 and Builder’s Remedy, the California Avenue area will experience more development then in the past. This area should have a coordinated area plan to better scope future development. •Encina Avenue area. The Encina Avenue area, between El Camino and the railroad is an excellent location for higher density housing. However, the adjacent Town and County shopping center, a low lying and historically significant facility, must be protected. Parking considerations are also paramount in this area.
A coordinated area plan offers an efficient path towards increased density while protecting a much loved shopping area.
4. Bird safe glazing and dark sky regulations. The ARB should provide feedback to the planning staff, PTC and Council regarding upcoming bird safe glazing and dark sky lighting regulations. The ARB has observed an increased use of roof terraces to meet open space requirements in multi-family projects. These roof terraces can be limited by height requirements and privacy concerns.
5. City Council/Planning Commission communication. The Architecture Review Board has very little formal interaction with the City Council, the Planning Commission and the Historic Resources Board. Board members are forced to act on individual initiative to gain input from council members and other commissioners. Joint meetings with full boards are rarely productive; yet uncoordinated serial meetings leave commissioners unaware of feedback from colleagues on other boards. Applicants often feel that they are ‘running a gauntlet’ of approvals rather than facing a coordinated review. •Request staff to provide summary reports from PTC, ARB and HRB meetings promptly following each meeting. •Take direct feedback from the ARB on reviewed projects up for council approval where Council approval is required. The ARB can appoint a member to represent the board directly to the council.
•Request staff to schedule joint preliminary discussions between the ARB, PTC and HRB chairs/vice-chairs on projects of common interest. These ‘preliminary meetings’ would not be to review specifics of a project; rather they would serve to coordinate the review process between boards and planning staff.
•Appoint HRB, PTC and Council liaisons to the ARB to facilitate open communication between boards and commissions and city council. ARB liaisons will provide a clear channel for passing information between reviewing bodies, enabling all board and commission and council members, as well as the general public, direct access to relevant information on a project-by-project basis.
Below are Renderings of approved projects from Initial proposal to Final Design from the list of reviewed projects. A summary of key modifications that were made to the design based on ARB feedback is also included:
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
8 Packet Pg. 326 of 377
5 0
6 5
739 Sutter Avenue - Initial Proposal 739 Sutter - Final Design - Private outdoor balconies for residents were increased to two levels on Sutter side but removed the roof deck - Balconies facing single family residences were improved to maintain privacy for single family residences - Massing around building corners were greatly improved
3001 Camino Real - Initial Proposal 3001 El Camino Real - Final Design - Improved the central building circulation to make the site more useable and to facilitate the applicant’s building code compliance. - Recommended modification to the El Camino Real façade articulation to create greater visibility onto the street from the El Camino Real facing uses. - Recommended design modifications that allowed for more visibility into the community room from Acacia to provide a more pedestrian-friendly façade along that street frontage.
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
9 Packet Pg. 327 of 377
5 0
6 5
123 Sherman Avenue - Initial Proposal 123 Sherman Avenue - Final Design -The ARB focused on improving the entrance to and design of the first-floor commercial space at the corner to ensure the viability of a future tenant and to create interest at the corner
-A focus on the detail and use of the full height decorative panels on portions of the perimeter of the upper floor office levels. -Increased vegetation planting
-Revisions to the plans to ensure privacy of nearby residential uses and reduce light intrusion from this building into their units.
3200 Park Boulevard- Initial Proposal 3200 Park Boulevard - Final Design -Increased the widths of the pedestrian paseos to increase usability and reduce privacy impacts both through building setbacks and landscaping -recommended modifications to design, materials and color to increase the variability across different buildings, provide variation in height across the longer facades, and to provide interest on the end units
-Simplified the forms along the southern façade of the cannery building, reducing design changes that detracted from the historic character of the building, particularly with respect to the windows below the monitor roof -Refined the color variations for the parking garage to help further break down the scale of the garage and brought down the height of the garage to reduce impacts on neighboring single-family residents and maintain the stepped height of the cannery, which relates back to its historic use with loading docks at the rear of the building
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
10 Packet Pg. 328 of 377
5 0
6 5
180 El Camino Arhaus- Initial Proposal 180 El Camino Real Arhaus - Final Design -The initial design was well received; however, the applicant returned later to propose modifications based on tenant preferences. The ARB’s initial recommendations, which were also incorporated into the final design, included minor revisions to the materials, to emphasize the entrance design, and to request additional details regarding the bicycle parking as it relates to this site and the overall facility
180 El Camino Restoration Hardware- Initial Proposal 180 El Camino Real Restoration Hardware- Final Design -Although the initial design was generally well received as a clean, light design, the ARB recommended minor modifications to make the white less glaring and more toned down. In particular, the ARB requested that metal accents to be a deeper hue to create more interest, depth, and warmth, recommended keeping green walls that were planned to be removed, and provided input to refine small details such as the lighting Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
11 Packet Pg. 329 of 377
5 0
6 5
180 El Camino Sushi Roku- Initial Proposal 180 El Camino Real Sushi Roku - Final Design -Sushi Roku came to the ARB with a comprehensive design, steeped in the culture and rich in texture. The ARB had some questions regarding maintenance and detailing of exterior materials, but generally approved the design as proposed
___________________________________
800 San Antonio Road- Initial Proposal800 San Antonio Road - Final Design - Building above grades were redesigned to avoid encroaching into setbacks - Main entrance volume expressed appropriately on the street with material and form - Improved trash pick-up logistics
- Improved courtyard function and circulation
- Improved internal circulation with widening hallways at back elevator - Provided planting soil depth above top of basement for ground floor softscape at base of building - (second ad hoc committee meeting pending)
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
12 Packet Pg. 330 of 377
5 0
6 5
2501 Embarcadero Road- Initial Proposal 2501 Embarcadero Road - Final Design - Colors muted to align with Baylands guidelines
- Light pollution shielded from all sides using perforated metal below the roof - Color temperature of the lighting lowered, while maintaining high light levels for worker safety - Section of chain-link fence removed and replaced with board formed concrete to screen tank better from the street
420 Acacia Avenue- Initial Proposal 420 Acacia Avenue- Final Design - Overall, the project was well received as proposed. The ARB recommended minor improvements to provide better pedestrian circulation, clarify details of the rooftop open space, and ensure privacy between those spaces as well as for adjacent uses. - Refined the details of how the private street relates to the neighboring parking facility.
Item 13
Attachment A - FY 2025 Architectural
Review Board Workplan
Item 13: Staff Report
Pg.
13 Packet Pg. 331 of 377
Prior Year Accomplishments
During the work plan period the HRB held 14 public meetings, met the objectives in the 'ongoing' goals 1 and 2 of the plan, completed goal 3 of the plan (providing recommendations on nominations of properties previously found eligible for the National and State historic registers to the City's local historic inventory, unless property owners submitted objections to listing; known as the 2023 Historic Reconnaissance Survey), and many objectives set forth in goal 4 of the plan. The staff continued to implement policy L7.2 as an ongoing activity, and conducted three evening community meetings over the plan's term, to further encourage community participation.
Historic Resources Board
Staff Liaison: Steven Switzer, Historic Preservation Planner Lead Department: Planning and Development Services
About the Commission
The HRB is now five members, effective July 4, 2024. Four candidates are set for August 2024 interviews, for two positions. The City is a Certified Local Government (CLG) responsible for historic preservation - to identify, evaluate, register, and preserve historic properties within its jurisdictions and promote the integration of local preservation interests and concerns into local planning and decision-making processes. Staff prepares an annual report of the activities of the Certified Local Government each spring for the prior year and submits these to the State Office of Historic Preservation.
This HRB Work Plan covers July 2024 - July 2025. HRB member terms are for 3 years and are staggered per PAMC Section 2.27.020. For more information please visit https://www.cityofpaloalto.org/City-Hall/Boards-Commissions/Historic-Resources-Board. The Department webpages are a wealth of information, go to: https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Historic-Preservation 2024-2025 Workplan Overview
Mission Statement
Per Palo Alto Municipal Code Chapter 2.27 Historic Resources Board, Section 2.27.040 Duties, HRB purview is:
(a) Render advice and guidance to a property owner upon the owner's application for alteration of any historic single-family or duplex building in the downtown area and any such building designated as significant elsewhere in the city
(b) Inform the ARB of the historical and/or architectural significance of historic commercial and multiple-family structures in the downtown area and any such buildings designated as significant elsewhere in the City that are under review by the ARB. Submit recommendations to the ARB regarding proposed exterior alterations of such historic structures (c) Recommend to the Council the designation of additional buildings and districts as historic. Research available information and add historical information to the inventory sheets of historic structures/sites. This inventory is maintained in the department of planning and development services. (d) Perform such other functions as may be delegated from time to time to the HRB by the City Council.
Current Commissioners Alisa Eagleston-Cieslewicz (chair), Samantha Rohman (vice chair), Christian Pease, and Caroline Willis, Margaret Wimmer or Mike Makinen (until two successors are appointed)
Date approved by HRB 4/11/2024 (Amended 8/8/2024)
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
Item 13: Staff Report
Pg.
14 Packet Pg. 332 of 377
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Subject to Council direction, to begin in the
second quarter
City Council direction and accommodation
in the PDS department workplan would be
needed. HRB subcommittee and staff of
planning and city attorney departments to
prepare draft amendments for Council
review and adoption
Well-written ordinance language that
assists the public's understanding and
calms the fears of property owners
about governmental overreach
Council may provide
direction to modify
PAMC 16.49; CLG
cities maintain historic
preservation
ordinances.
COUNCIL-DIRECTED
POLICY UPDATE
Council may provide
direction to modify
PAMC 16.49; CLG
cities maintain historic
preservation
ordinances
Historic Resources Board
PROJECT/GOAL 1:
BENEFICIAL IMPACTS
Limited modification to PAMC 16.49, historic preservation, providing clarifications regarding the HRB’s role. The HRB could discuss language providing clarifications of its role with respect to three potential topics: (a) the nomination process, (b) the effect of HRB recommendations regarding exterior modifications to residential historic resources, and (c) category changes (upgrades, downgrades, removals) Staff Liaison: Steven Switzer, Historical Preservation Planner Lead Department: Planning and Development Services
PURPOSE STATEMENT:
The Board/Commission's goals and purposes (purview) are set in Palo Alto Municipal Code Chapter 2.27 Historic Resources Board, Section 2.27.040 Duties. These duties include reviewing alterations to historic resources and providing recommendations on nominations to the local historic resources inventory. The City's historic program includes the implementation of Comprehensive Plan policies on an ongoing basis including Policy L7.2 (preparation of historic evaluations to determine eligibility for the California Register of Historical Resources and associated tracking), Policy L7.1.1 (recommend eligible resources to the local inventory), and Policy L7.1.2: Reassess Historic Preservation Ordinance.
HIGH PRIORITY
Priority is high to enable greater understanding of the HRB's role and address property owners' concerns with respect to Goal items (a) and (b)
LOWER PRIORITY
Lower priority: Goal item (c) - listed historic resources placed on the City's inventory in the late 1970s and 1980s have not been reviewed to determine whether any modifications reduce critical aspects of integrity and drop or lower the properties' local historic resource category.
2024-2025 Workplan
The benefits are providing clarification of the
HRB's role for the public
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
Item 13: Staff Report
Pg.
15 Packet Pg. 333 of 377
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Goal 2 to begin during plan quarter 1 and
continue through quarter 2 (October -
December)
Staff of PDS would be tasked as well as an
HRB ad hoc committee to make progress.
Website contains links to information
resources and videos, to assist property
owners, staff, and others.
N/A
COUNCIL-DIRECTED
POLICY UPDATE
N/A
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Subject to Council direction/ resource
allocation and to begin in fourth quarter
Budget for and assistance from qualified
consultant to assess conditions of
inventory properties listed prior to April 22,
2024
Data on conditions of buildings placed
on the local inventory prior to April 22,
2024
No
COUNCIL-DIRECTED
POLICY UPDATE
Determining conditions of existing inventory
properties (listed prior to April 22, 2024)
would allow better clarity.
HIGH PRIORITY LOWER PRIORITY
HIGH PRIORITY LOWER PRIORITY
Items (c) and (d)
PROJECT/GOAL 2:
BENEFICIAL IMPACTS
Education and Creating New User-Friendly Resources/Communication Regarding Historic Preservation. (a) find new ways to promote preservation, including use of the existing zoning code incentives and State historic building code (b) improve upon communication types to provide the community accessible information, including the use of videos (linked to the City’s and State’s webpages) to help property owners understand the local and State preservation incentives and codes, (c) continue to provide updates to the historic review process bulletin as needed to communicate CEQA requirements related to PAMC 16.49 and listed historic resources, and (d) enable the HRB staff liaison(s), the City’s historic preservation consultant, and Chief Building Official to implement training providing an ongoing opportunity for HRB members, staff, and the community to gain working knowledge as to the use of the State’s historic building code
PROJECT/GOAL 3: Conduct a survey of the local inventory resources listed prior to the 2023 Historic Reconnaissance Survey, to determine historic conditions. If Council directs a survey update, that work would require resources and may extend into the next year work plan.
BENEFICIAL IMPACTS
The benefits would be to improve
preservation in Palo Alto and clarity for
owners of historic properties.
Item (a) a table of existing zoning code incentives and another table of historic building code provisions and Item (b) improvements to types of communications used to promote historic preservation.
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
Item 13: Staff Report
Pg.
16 Packet Pg. 334 of 377
No
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Goal 2 to begin during plan quarter 2 (item
a) and subject to Council direction,
continue through quarter 4 (April - June
2025, items b and c)
PDS staff and CAO staff. City Council
direction and accommodation in the PDS
department workplan would be needed.
More historic properties are preserved
for future enjoyment of the owners and
community, due to the additional
incentives.
Council may provide
direction to modify
PAMC title 18.
COUNCIL-DIRECTED
POLICY UPDATE
N/A
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Item a is to gather ideas for new incentives in the zoning code to add to a table of existing incentives in the zoning code. Subject to Council direction, items b and c would follow item a.
Properties that have been demolished remove from local inventory Properties that have lost integrity over time that may need a category change Benefit will be for all property owners who do
not currently see any benefit to listing their
property on the City's historic inventory
HIGH PRIORITY LOWER PRIORITY
PROJECT/GOAL 5:
Establish a Historical Preservation Award Program. (a) discuss and determine the selection criteria for eligible projects and/or properties; (b) discuss and determine frequency of awards (e.g., annual, bi-annual, 5-year cycle, etc.); (c) select projects and/or properties to award; (d) conduct an award ceremony and present historic preservation awards.
BENEFICIAL IMPACTS
PROJECT/GOAL 4:
Additional preservation incentives (a) discuss and recommend additional zoning code incentives to continue the community engagement process that began with the 2023 reconnaissance survey/ inventory update; (b) represent the HRB’s interests during public hearings, or participate in joint meetings with the Planning and Transportation Commission and City Council, to review any proposed zoning code modifications incentivizing historic preservation incentives; (c) outreach to the community after adoption of any adopted new incentives.
BENEFICIAL IMPACTS
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
Item 13: Staff Report
Pg.
17 Packet Pg. 335 of 377
Goal 5 to begin during plan quarter 1 (item
a) and continue through quarter 4 (April -
June 2025, items b and c)
Staff of PDS would be tasked as well as an
HRB ad hoc committee to make progress.
Establish historic preservation award
selection criteria and frequency of
awards by end of 24-25 Fiscal Year.
Comprehensive Plan
Policy L-7.6
COUNCIL-DIRECTED
POLICY UPDATE
No
A HRB historical preservation award
program would express appreciation for the
efforts to preserve and protect Palo Alto’s
culturally, historically, and architecturally
significant places that create a vibrant and
sustainable community that fully reflects
Palo Alto’s diverse past.
HIGH PRIORITY LOWER PRIORITY
Item (a) discuss and determine the selection criteria for eligible projects and/or properties and establish award frequency, and Item (b) discuss and determine award frequency (e.g., annual, bi-annual, 5-year cycle, etc.) Items (c) and (d)
Item 13
Attachment B - FY 2025 Historic
Resources Board Workplan
Item 13: Staff Report
Pg.
18 Packet Pg. 336 of 377
Human Relations Commission
2024-2025 Workplan
Staff Liaison: Minka van der Zwaag, Human Services Manager Lead Department: Community Services
About the Commission
This workplan covers portions of Fiscal Year 202 4 and 2025 (May 2024 – April 2025) for the Human Relations Commission (HRC). The Commission is composed of 7 members who are residents of Palo Alto . Terms are for 3 years . See Palo Alto Municipal Code (PAMC) Sections 2.16 and 2.22. For more information about the HRC please visit our webpage at http://www.cityofpaloalto.org/gov/boards/hrc
Current Commissioners
• Adriana Eberle (Chair)
• Michelle Kraus (Vice Chair)
• Don Barr
• Katie Causey
• Amy Hsieh
• Mary Kate Stimmler
• Kaloma Smith
Mission Statement
HRC Mission: To promote the just and fair treatment of all people in Palo Alto, particularly our most vulnerable populations. By promoting awareness of issues and enabling conversations that enhance inclusion, the HRC strives to create a community where civility, respect and responsible actions are the norm.
HRC Jurisdiction: Muni Code 2.22.050
(a) The Human Relations Commission has the discretion to act with respect to any human relations matter when the commission finds that any person or group does not benefit fully from public or private opportunities or resources in the community or is unfairly or differently treated due to factors of concern to the commission. (1) Public or private opportunities or resources in the community include, but are not limited to, those associated with ownership and rental of housing, employment, education and governmental services and benefits. (2) Factors of concern to the commission include, but are not limited to, socioeconomic class or status, physical condition or handicap, married or unmarried state, emotional condition, intellectual ability, age, sex, sexual preference, gender identity, race, cultural characteristics, ethnic background, ancestry, citizenship, and religious, conscientious or philosophical belief. (b) The commission shall conduct such studies and undertake such responsibilities as the council may direct.
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
Item 13: Staff Report
Pg.
19 Packet Pg. 337 of 377
Prior Year
Accomplishments
Goal #1 – Core Responsibilities: Reviewed and made funding recommendations to Council for 22 two-year Human Services Resource Allocation Process (HSRAP) grants totaling $896,035 to fund critical needs in the community for FY 2024-25 (March and April 2023). A subcommittee of HRC commissioners and city staff served as the review committee for the Emerging Needs Fund. In 2023, a total of 6 grants totaling $44,000 was approved (January, March, June, September 2023). Reviewed and made funding recommendations to the Finance Committee for 9 grants totaling $488,000 as part of the Community Development Block Grant (CDBG) Funding program for Fiscal Year 2023-24 (February 2023).
Goal #2 – Inclusion & Belonging: Conducted a survey of the lived experience of Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community members in Palo Alto in response to the Council’s referral to research the lived experience of AANHPI communities (April 2023). Approved motion to forward the AANHPI survey results and a report to City Council (March 2024). Approval of HRC support of Multi Faith Peace Picnic and Prayer Services on September 11, 2023, on King Plaza (August 2023). Conducted a community listening session on Local Muslim, Palestinian, and Arab Experiences in the Face of Rising Islamophobia and Anti-Arab Hate (December 2023). Conducted a community listening session on Local Jewish Experiences in the Face of Rising Antisemitism (January 2024).
Goal #3 - Public Safety: Approved recommendations to City Council for actions based on the recommendations made by the public at the Community Listening Sessions on local experiences of Islamophobia and Anti-Semitism (March 2024).
Goal #4 – Climate Change: Presentation of the draft Frontline Communities Report, a report on the impact of climate on vulnerable communities in Palo Alto, by the Palo Alto Student Climate Coalition (August 2023).
Goal #5 – Learning Sessions: Hosted an Older Adults Learning Series: Presentation of the results from the Avenidas’ Community Assessment Survey of Older Adults (CASOA) by the Avenidas CEO. (September 2023). Presentations by Alta Housing, La Comida, Lytton Gardens, Oshman Jewish Community Center, Second Harvest Food Bank, and Social Services Agency of Santa Clara County (October 2023).
Goal #6 - Emerging Needs: Additional recommendations passed in response to the City Council referral to the Commission on ways to improve implementation of current City renter protections (February and April 2023). Conducted a public hearing on the Recommendation of the Adoption of a Draft Ordinance Amending Palo Alto Municipal Code (PAMC) to Add Rental Registry Program (RRP) Ordinance. Approved to accept the basic framework of the RRP as presented by staff with outstanding issues needing to be addressed (May 2023).
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
Item 13: Staff Report
Pg.
20 Packet Pg. 338 of 377
PROJECT/GOAL 1:
Core Responsibilities
Funding Programs - Human Services Resource Allocation Process (HSRAP), Community Development Block Grant (CDBG) and Emerging Needs Fund. Continue to review and give input to funding decisions. Priority during this workplan cycle includes assisting staff with the HSRAP application process for the FY26 funding cycle and reviewing the Human Needs Assessment prepared by RDA Consulting. The Needs Assessment assess the current human service needs of the Palo Alto community, the role of the program, the goals of the program, and how program impact is measured.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The funding programs provide human
services organizations with essential
monetary support to serve vulnerable
and underserved residents of Palo
Alto.
Ongoing Adhoc HRC subcommittee and staff time
for the funding decisions.
Moderate level of staff and adhoc
subcommittee time.
Results of Human Services Needs
Assessment will provide the HRC, staff
and Council with updated and vital
information on current human needs in
the community, concrete suggestions for
changes/additions to the HSRAP priority
of needs, application and/or review
process, and increased ways in which to
measure the effectiveness of the City’s
funding investment in Human Services
organizations.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Continue to provide funding recommendations for HSRAP, CDBG and the Emerging Needs Fund as needed.
N/A
PROJECT/GOAL 2:
Inclusion and Belonging
(I&B)
Inclusion & Belonging - Explore ways in which the Commission can continue to positively affect the sense of inclusion and belonging in the community. Projects include:
• Conduct Listening Session with local faith leaders to better understand their needs and the communities they serve. • Revisit issues raised and recommendations from panelists at the 2023 Senior Learning Sessions and identify next steps. • Continue the work done to create connections and learn about the lived experiences of community members, such as the AANHPI, MENA, and Jewish communities.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
All individuals who live, work or
worship in Palo Alto have the right to
feel included and valued as members
of the community.
Summer-Fall 2024 Adhoc HRC subcommittee and staff time
Moderate level of staff and adhoc
subcommittee time.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Conduct Listening Session with local faith leaders to better understand their needs and the communities they serve.
Revisit issues raised and recommendations from panelists at the 2023 Senior Learning Sessions and identify next steps.
Continue the work done to create connections and learn about the lived experiences of community members, such as the AANHPI, MENA, and Jewish communities.
N/A
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
Item 13: Staff Report
Pg.
21 Packet Pg. 339 of 377
PROJECT/GOAL 3:
Public Safety (PS)
Public Safety - Explore and implement avenues to decrease incidences of crimes in the community. • Convene a community meeting in 2024 to discuss hate crimes with representatives of law enforcement, city leadership, and experts in the field.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
All individuals who live, work or worship
in Palo Alto have the right to do so
without fear of verbal or physical abuse
or attack.
Summer-Fall 2024 Adhoc subcommittee and staff time. Space and marketing for educational
programming.
Moderate level of staff and adhoc
subcommittee time.
Measures may include: How many
people attend educational programming,
specific actions taken by members of the
public to combat hate crimes, and the
increased reporting of hate crimes.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Convene a community meeting in 2024 to discuss hate crimes with representatives of law enforcement, city leadership, and experts in the field.
N/A
PROJECT/GOAL 4:
Public Health (PH)
Public Health – Support current efforts to address youth mental health issues in the community. • Request that a member of the HRC serve on the Mayor’s mental health task force and/or explore ways in which the HRC can partner with high school groups working on mental health issues.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Goal coincides with the Council Goal of
“Community Health, Safety, Wellness &
Belonging”
Member of HRC serves on Mayor’s Task
force and provides updates to the full
commission that may lead to other actions
by the Commission.
Low Level of Staff time
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
As the Mayor’s Youth Mental Health Task Force has already been meeting, it is a high priority to request participations by a member of the HRC.
N/A
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
Item 13: Staff Report
Pg.
22 Packet Pg. 340 of 377
PROJECT/GOAL 5:
Housing, Economic Justice
and Development (HEJD)
Housing, Economic Justice and Development -
• Identify ways in which HRC can provide assistance to support programs for unhoused community members (including RV dwellers).
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Providing active HRC participation in
actions to positively affect the lives of
unhoused members of the community.
During the term covered by this workplan Staff and HRC commissioner time
Lower level of staff and adhoc
subcommittee time.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Continued participation by HRC members on a local RV Dweller concerns committee, especially in light of looking for solutions to the loss of parking on El Camino Real and it’s affect on RV dwellers.
Other items to be determined during the year. N/A
PROJECT/GOAL 6:
Climate Change (CC)
Climate Change - Explore ways in which climate change may disproportionately affect specific populations in the community. • Engage with the Palo Alto Student Climate Coalition and the newly formed Youth Advisory Board (a formal City advisory board).
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Climate change is a priority for the State
of California and the City of Palo Alto.
Climate awareness and changes in
habits help everyone thrive and special
attention should be paid to vulnerable
populations.
Summer-Fall 2024 Yet to be determined based on outcome of Learning Sessions listed under Goal #7.
Adhoc subcommittee and staff time.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Determine possible roll for a representative of the HRC to play with the newly formed Youth Advisory Board (a formal City advisory board).
N/A
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
Item 13: Staff Report
Pg.
23 Packet Pg. 341 of 377
PROJECT/GOAL 7:
Learning Sessions
Learning Sessions - Engage in learning sessions to gain more understanding on the following topics before proceeding with any HRC action:
• Research and identify housing programs that could best address equity and access needs in the community (cross sectional senior, families, low income.) (HEJD)
• Availability and affordability of child care programs in the community (HEJD) • Explore ways in which Utility costs affect low-income members of the community and current city programs/services that provide assistance. (HEJD) • Research and identify housing programs that could best address equity and access needs in the community (cross sectional senior, families, low income.) (HEJD)
• Better understand the demographics of city staff and commission to understand if there are underrepresented groups. (I&B) • Better understanding of the City’s “Safe Streets for All” safety action plan (PH) • Examine the post COVID impact on the community, including housing as part of healthcare; inflation/unemployment/effects of AI. (PH) • Better understand the city’s response to respite/shelter needs of the unhoused during extreme weather events. (CC) • Presentation on the City’s Plan to positively affect climate change with an eye to understanding how it takes the needs of vulnerable populations into consideration. (CC)
BENEFICIAL IMPACTS TIMELINE RESOURCES
NEEDED
MEASURE OF
SUCCESS
STATE MANDATED / LOCAL
LAW / COUNCIL-
APPROVED
Learning sessions are utilized by the
HRC to explore an issue with the help
of subject matter experts in order to 1)
Become informed on the topic(s); 2)
Explore whether there is a role for the
HRC in addressing/recommending any
action.
During the term covered by this
workplan
Staff and HRC commissioner time
Lower level of staff and adhoc
subcommittee time.
HRC discussions, deliberations,
actions and recommendation are all
well served by the review of
information presented by subject
matter experts.
N/A
HIGH
PRIORITY
LOWER
PRIORITY
COUNCIL-DIRECTED
POLICY UPDATE
Priority level of the individual Learning Sessions will be determined by the HRC. N/A
PROJECT/GOAL 7:
Exploratory
Exploratory –Adhoc subcommittee to explore topics raised below at the Workplan retreat to further coalesce thinking before agendizing as a Learning Session. • The financial hardship for many to live in the community as the income needed to afford living in Palo Alto is untenable. (HEJD) • LGBTQI+/Pride events and recognition (I&B)
• Create a grassroots effort to reengage vulnerable, underserved, minority community members in public meetings. Review/improve media and marketing outreach for the HRC. (I&B)
BENEFICIAL IMPACTS TIMELINE RESOURCES
NEEDED
MEASURE OF
SUCCESS
STATE MANDATED / LOCAL
LAW / COUNCIL-
APPROVED
Fall-Winter Adhoc subcommittee and staff time. N/A
HIGH
PRIORITY
LOWER
PRIORITY
COUNCIL-DIRECTED
POLICY UPDATE
Lower Priority N/A
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
Item 13: Staff Report
Pg.
24 Packet Pg. 342 of 377
PROJECT/GOAL 8:
Emerging Issues
Emerging Issues - The HRC will identify emerging issues in the community, prioritize those that need further attention and bring any major initiatives, including those that involve significant staff time to the Council for approval. The Commission will also be responsive to future referrals by the Council.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The HRC has the discretion to act with
respect to any human relations matter when
the commission finds that any person or
group does not benefit fully from public or
private opportunities or resources in the
community, or is unfairly or differently treated
due to factors of concern to the
commission.
Ongoing TBD TBD N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Lower priority N/A
Item 13
Attachment C - FY 2025 Human
Relations Commission Workplan
Item 13: Staff Report
Pg.
25 Packet Pg. 343 of 377
Planning and Transportation Commission (PTC)
2024-25 Workplan and 202 3-24 Workplan Overview
Staff Liaison: Amy French, Chief Planning Official, Planning and Development Services (PDS) Lead Department: Planning and Development Services (PDS); Office of Transportation (OOT)
Date reviewed by PTC April 24, 2024
About the Commission The seven-member Planning & Transportation Commission adopted its 2023-24 work plan on April 26, 2023. The members and chairs are listed below. Members serve 4-year terms. See Planning & Transportation Commission (PTC) webpage link: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp Current Commissioners • Doria Summa (Chair)
• Bryna Chang (Vice Chair)
• Bart Hechtman
• Keith Reckdahl
• Carolyn Templeton
• Allen Akin
• George Lu
Mission Statement
The Planning & Transportation Commission advises the City Council, Planning Director, and Chief Transportation Official on land use and transportation matters, including the Comprehensive Plan, zoning, transportation programs, and related matters. The Commission's primary responsibilities include:
• Preparing and making recommendations to the City Council on the City's Comprehensive Plan and applying the Comprehensive Plan to proposed development, public facilities, and transportation in Palo Alto
• Considering and making recommendations to the City Council on zoning map and zoning ordinance changes; any changes to Title 18 of the Palo Alto Municipal Code must be reviewed by the PTC and the City Council
• Reviewing and making recommendations to the City Council on subdivisions and Site and Design Reviews, on appeals on variances and use permits • Considering other policies and programs affecting development and land use in Palo Alto for final City Council action • Reviewing and making recommendations on individual projects as described in the Municipal Code, and Open Space development; • Reviewing and making recommendations to the City Council on transportation, parking, and other related mobility issues • Ensuring robust community engagement and dialogue regarding planning, land use, and transportation and providing recommendations to the City Council regarding these matters and incorporating the public discussion. The PTC hearings provide a forum for public comment and public interaction Prior Year Accomplishments
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/planning-and-transportation-commission/ptc-2023-2024-work-plan.pdf The PTC recommended the revised Housing Element, ordinances, and development, provided feedback in study sessions, recommended policy direction, reviewed annual reports, completed goals and continued the ongoing goals.
Transportation Goal 1 Road Safety and Goal 9 BPTP: BPTP vision sessions (PTC, 4/29 CC), Safe Streets For All (PTC, 4/29 CC), El Camino Real bike lanes (PTC, 4/1 CC), traffic safety report reviews ongoing; Goal 2: Retail Recovery – sessions, ad-hoc, report to Council; Goal 3 ongoing; Goal 4 met: NVCAP and Certified SEIR and zoning code amendment (5/8 PTC, 6/10 CC); Goal 5 HE revision (4/15 PTC/Council adoption) and HE ordinances for: Safe Parking, Implementing HE Programs 1.1A, 1.1B (rezoning GM/ROLM), 1.3 (By-Right Housing on HE sites), Density Bonus law, HIP (6/12 PTC); Goal 6: State legislation implementation included SB9, AB2097 handouts and map; Goal 8: On Demand Transit – PA Link launched; Goal 10 Car Free St. - CMO; Goal 11 RRP 11/23 ord. - met; Goal 12: Dark Sky/ Bird-safe Glass (5/29 PTC); Goal 13: Stream Corridor not met (target dates end of summer); Other ordinances adopted in term: Electrification/Noise, Parklets, PHZs 800 San Antonio, 3265 ECR, 660 University; Projects reviewed: 575, 830 Los Trancos; 3200 Park/340 Portage, 2901 Middlefield; 4075 ECR, 2501 Embarcadero Item 13
Attachment D - FY 2025 Planning and
Transportation Workplan
Item 13: Staff Report
Pg.
26 Packet Pg. 344 of 377
Planning and Transportation Commission (PTC)
2024-2025 Workplan
Staff Liaison: Amy French, Chief Planning Official, Planning and Development Services (PDS) Lead Departments: Planning and Development Services (PDS); Office of Transportation (OOT)
PROJECT/GOAL 1: Safe Streets F or All Safety Action Plan Review and support the adoption of the Safe Streets for All Safety Action Plan
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL-
APPROVED
Opportunity to investigate an area
of considerable public concern.
Estimated adoption by the end of 2024 Fully funded by a FHWA grant Adoption of plan by Council No
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Safety for pedestrians, cyclists, and motorists is important. Reducing and/or eliminating injury and death resulting from collisions is an important priority for many residents. A public dialogue at the PTC is welcomed by those concerned members of the public.
The challenges in this area are addressed through existing committees and active projects. The work continues regardless.
No
PROJECT/GOAL 2: Retail Ordinance Updates
Council is likely to direct PTC to amend Zoning Code after staff presents the Retail Study prepared by MBI, reviewed by the PTC with support from PTC ad hoc committee; the study included consideration of AB 2097 and outreach. This is a Council priority (objective 18 of EDT): “Present to Council recommendations for a citywide retail zoning strategy and receive direction for zoning ordinance implementation.”
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL-
APPROVED
Overall, this project aims to ensure
a strong climate for retail
businesses in Palo Alto that can
allow residents to meet their daily
needs and have a high quality of
life.
The high-level reviews of trends and best practices
in retail will be presented to Council June 10, 2024.
The PTC is likely to receive Council direction for Title 18 changes in the 2024-25 plan year.
Consultant work, staff oversight, and
meetings preparation, and participation
from the local retail community.
These interrelated projects may result in
the development of new ordinances
and/or broader policy recommendations
to the City Council.
Yes - Council assigned.
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Any shifts in retail trends that will endure are occurring and can benefit from further and refined action by the City.
While this is an impactful body of work, the need to get it right and coordinate with existing and new resources outweighs the need to quickly pursue the work. Yes PROJECT/GOAL 3: Area Planning
This goal carries forward the prior year goal for neighborhood planning approaches and overall effectiveness of various approaches to neighborhood planning. The staff and PTC will consider new neighborhoods that result from the 6th cycle Housing Element sites and demand for public facilities/services. For the Downtown Housing Plan, staff retained consultants and began outreach in April/May, with community assessment, community advisory group, and technical advisory group meetings, and formulation of goals and policies. For the San Antonio Road Area Plan the RFP will be released in summer 2024, and work with a consultant on the area plan can begin.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL-
APPROVED
Development of preliminary schedule for
new area plans would enable City Council to
provide direction
By December 2024
Staff time to research and prepare a staff
report to PTC and ARB
Successful conversation and possible
identification of an approach (or
approaches) to guide the City's future.
No
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Council directed work on a preliminary schedule It would be timely to hold study sessions after the Housing Element has been certified
Yes
Item 13
Attachment D - FY 2025 Planning and
Transportation Workplan
Item 13: Staff Report
Pg.
27 Packet Pg. 345 of 377
PROJECT/GOAL 4: Housing Program Implementation
The PTC reviewed responses to HCD second-round comments with Council on April 15, 2024 . PTC reviewed zone changes and Comp Plan amendments to achieve RHNA housing yields . Commence work on HE program implementation goals (see Council objectives list) f or 2024-25: Program 3.4 Housing Incentive Program (including Program 3.4 E, Expand the El Camino Real Housing Focus Area at strategic locations on El Camino Real) to be completed by December 31, 2024, Program 6.5 Alternative Housing to be completed by June 2025. The PTC may also begin work on Program 3.7 (Objective Standards in SOFA) toward the goal of December 31, 2026 adoption.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL-
APPROVED
Compliant housing element and programs to
encourage housing development
PTC and Council reviewed on April 15th
submittal for HCD certification; targets for
Programs 3.4 and 6.5 fall within plan term.
Staff and consultant resources employed Implementation of programs by target dates
Yes - State Mandated
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Housing Incentive Program SOFA objective standards
Yes
PROJECT/GOAL 5: State Law Implementation – Laws with Prior Effective Date s (AB 2097, AB 2011, SB6) and any new 2024 Laws to Become Effective 2025 AB 2097, AB2011, SB6 Implementation and related policy considerations; includes development of policy considerations related to TDRs in Downtown and SOFA, parking district policies and in lieu parking fees, alternative parking facilities, loading zone, and ride-share passenger loading.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL-
APPROVED
Provide clarity to property owners and
potential developers.
Study session with PTC and Ordinance
Recommendation during 2023-24 plan term
Staff resources have been assigned. Adoption of ordinance amendments Yes - State
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Implementing state laws and discuss policy considerations N/A Possibly - direction in April PROJECT/GOAL 6: Parking Programs
The PTC will receive an update regarding options for improving the City’s parking programs. This includes a Roadmap for Residential Parking Permit Program improvements and commercial parking improvements.
Parking Data Portal - PTC will receive an update regarding parking availability data. The new license plate reader technology allows for regular collection and reporting of parking availability.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL-
APPROVED
Improved parking operations.
Ongoing.
Ongoing.
Feedback from PTC and continued
engagement from the public.
Yes
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
The staff work behind the project continues; proposed updates help advance the work.
Additionally, the public welcomes opportunities to engage w/the PTC on this topic.
This project represents a large body of ongoing work to manage parking supply and parking policy.
Yes
PROJECT/GOAL 7: B icycle and Ped Transportation Plan Update A citywide evaluation of the bicycle network and pedestrian network. The plan will identify opportunities to enhance and connect the network.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED / LOCAL LAW / COUNCIL-
APPROVED
Updated bike/ped transportation plan
Final plan update in 2025
Fully funded by a TDA3 grant Updated bike and ped plan No
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
N/A Update is timely, but not mandated by any state laws. No PROJECT/GOAL 8: Comprehensive Plan Policy Implementation. This includes Streamside Corridor changes in Title 18 and other Comp Plan policies that lead to Title 18 revisions.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS
STATE MANDATED/LOCAL LAW/COUNCIL
APPROVED
Work through the relevant remaining
Comprehensive Plan policies and programs
to completion
Stream corridor ordinance July 31 PTC.
Others TBD; Staff identifies these tasks in
annual reports
Staff and consultant assistance – during a
year when staff resources will be focused on
implementation of the Housing Element
Adopted ordinances to amend Title 18 No
HIGH PRIORITY LOWER PRIORITY COUNCIL
Some of the programs and policies are higher priority
Some of the programs and policies are lower priority Yes – Comprehensive Plan
Item 13
Attachment D - FY 2025 Planning and
Transportation Workplan
Item 13: Staff Report
Pg.
28 Packet Pg. 346 of 377
CITY COUNCIL
Staff Report
From: City Clerk and City Manager
Report Type: ACTION ITEMS
Meeting Date: October 21, 2024
Report #:2408-3349
TITLE
Adoption of City Council Positions on State and Local Measures Presented to Palo Alto Voters on the November 5, 2024 Ballot; CEQA status – not a project
RECOMMENDATION
Staff recommends that City Council review and discuss the November 5, 2024 state and local ballot measures and consider adoption of formal positions as relevant to the City of Palo Alto or desired by the City Council.
BACKGROUND
The Secretary of State has qualified ten measures for the November 5, 2024 statewide ballot. There is one local ballot measure in Palo Alto. There are no other measures from other relevant local jurisdictions (such as Santa Clara County, Palo Alto Unified School District, or Valley Transportation Authority) that will be presented to Palo Alto voters this year.
This report summarizes the ballot measure that will be presented to Palo Alto voters on the November 5, 2024 ballot and recommends positions for the City Council to consider adopting. The positions are intended to provide information for Palo Alto voters to consider when casting their votes. The City Council considered taking positions on ballot measures on the November 3, 20201 and November 8, 20222 ballots.
Townsend Public Affairs, the City’s legislative consultant, prepared Attachment A which summarizes the statewide measures and includes potential local impacts of each measure. The staff-recommended positions are based on the City Council-approved 2024 legislative guidelines 3. The legislative guidelines reflect and activate the City Council’s priorities. The legislative guidelines follow one or more of the following four foundational principles:
1 City Council, 9/14/2020; Agenda Item 11, Staff Report #11550:
https://portal.laserfiche.com/Portal/DocView.aspx?id=98045&repo=r-704298fc 2 City Council, 10/3/2022; Agenda Item #10; Staff Report #14787:
https://portal.laserfiche.com/Portal/DocView.aspx?id=59209&repo=r-704298fc 3 City of Palo Alto’s 2024 Federal and State Legislative Guidelines:
https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/legislation/adopted-2024-legislative- guidelines.pdf
Item 14
Item 14 Staff Report
Item 14: Staff Report
Pg.
1 Packet Pg. 347 of 377
1. Promote local fiscal sustainability
2. Support funding opportunities
3. Preserve local control
4. Protect the health and safety of the community
Staff recommended positions only where the legislative guidelines clearly apply.
At your discretion, Council may take positions on these or other ballot measures.
ANALYSIS
The below section summarizes the November 5, 2024 statewide and local ballot measures. Additional information on statewide and local measures, including arguments in favor and against, impartial analyses, and full text may be found at the California Secretary of State’s Official Voter Information Guide4 or City’s ballot measure page5.
Statewide Ballot Measures
Proposition Secretary of State Official Summary Staff Recommended Position
Proposition 2 •Authorizes $10 billion in state general obligation bonds for repair, upgrade, and construction of facilities at K–12 public schools (including charter schools) and community
colleges.
•Provides funding for new facilities, to improve school health and safety conditions at existing facilities, and for classroom upgrades (e.g., science, engineering, transitional
kindergarten, and vocational classrooms).
•Expands eligibility for financial hardship grants for small and disadvantaged school districts.
•Provides higher percentage of state matching funds to
schools demonstrating greatest need.
•Requires public hearings and performance audits.
•Appropriates money from General Fund to repay bonds.
No recommended
position.
Proposition 3 •Amends California Constitution to recognize fundamental right to marry, regardless of sex or race.
•Removes language in California Constitution stating that marriage is only between a man and a woman.
Support. Applicable
guidelines: Support
policies that promote
equity.
4 California Secretary of State November 5, 2024 Official Voter Information Guide – Propositions:
https://voterguide.sos.ca.gov/propositions/
5 City of Palo Alto November 5, 2024 Ballot Measure D: https://www.cityofpaloalto.org/Departments/City- Clerk/Municipal-Elections/November-5-2024-Ballot-Measure-D Item 14
Item 14 Staff Report
Item 14: Staff Report
Pg.
2 Packet Pg. 348 of 377
Proposition Secretary of State Official Summary Staff Recommended Position
Proposition 4 •Authorizes $10 billion in state general obligation bonds for various projects to reduce climate risks and impacts: $3.8 billion for safe drinking water and water resilience; $1.95 billion for wildfire prevention and extreme heat mitigation; $1.9 billion for protection of natural lands, parks, and wildlife; $1.2 billion for protection of coastal lands, bays, and oceans; $850 million for clean energy; and $300 million for agriculture.
•Prioritizes projects benefitting disadvantaged communities. •Requires annual audits.
•Appropriates money from General Fund to repay bonds.
Support. Applicable
guidelines: Promotes the
use of renewable
resources, water
conservation, and the
flexible use of existing
resources; Supports the
protection of our natural
environment, including
open space, trees/tree
canopy, and biodiversity.
Proposition 5 •Allows local bonds for affordable housing for low- and middle-income Californians, or for public infrastructure including roads, water, and fire protection to be approved by 55% of voters, rather than current two-thirds approval requirement.
•Bonds must include specified accountability requirements, including citizens oversight committee and annual
independent financial and performance audits.
•Allows local governments to assess property taxes above 1% to repay affordable housing and infrastructure bonds if approved by 55% of voters instead of current two-thirds approval requirement.
Support. Applicable
guidelines: Supports
lowering or maintaining of
voter thresholds for local
revenue measures.
Proposition 6 •Amends the California Constitution to remove the current constitutional provision that allows jails and prisons to impose involuntary servitude to punish crime (i.e., forcing incarcerated persons to work).
•Prohibits the California Department of Corrections and Rehabilitation from punishing incarcerated persons for
refusing a work assignment. Allows incarcerated persons to voluntarily accept work assignments in exchange for credit to reduce their sentences.
No recommended
position.
Proposition
32 •California's minimum wage is currently $16 per hour. This measure increases that minimum, as follows:
oEmployers with 26 or more employees would pay $17
hourly for the remainder of 2024 and $18 hourly
beginning on January 1, 2025.
oEmployers with 25 or fewer employees would
pay $17 hourly beginning January 1, 2025, and
$18 hourly beginning January 1, 2026.
•Thereafter, as existing law provides, the minimum wage annually adjusts for inflation.
•In addition to the generally applicable minimum wage
described above, current laws establish a higher minimum wage in specified industries. This measure does not amend those laws.
No recommended
position.
Item 14
Item 14 Staff Report
Item 14: Staff Report
Pg.
3 Packet Pg. 349 of 377
Proposition Secretary of State Official Summary Staff Recommended Position
Proposition
33 •Current state law (the Costa-Hawkins Rental Housing Act of 1995) generally prevents cities and counties from limiting the initial rental rate that landlords may charge to new tenants in all types of housing, and from limiting rent increases for existing tenants in (1) residential properties that were first occupied after February 1, 1995; (2) single- family homes; and (3) condominiums.
•This measure would repeal that state law and would
prohibit the state from limiting the ability of cities and counties to maintain, enact, or expand residential rent- control ordinances.
No recommended
position.
Proposition
34 •Requires health care providers meeting specified criteria to spend 98% of revenues from federal discount prescription drug program on direct patient care.
•Applies only to health care providers that: (1) spent over $100,000,000 in any ten-year period on anything other than direct patient care; and (2) operated multifamily housing reported to have at least 500 high-severity health and
safety violations.
•Penalizes noncompliance with spending restrictions by
revoking health care licenses and tax-exempt status.
•Permanently authorizes state to negotiate Medi-Cal drug prices on statewide basis.
No recommended
position.
Proposition
35 •Makes permanent the existing tax on managed health care insurance plans (currently set to expire in 2026), which, if approved by the federal government, provides revenues to pay for health care services for low-income families with children, seniors, disabled persons, and other Medi-Cal recipients.
•Requires revenues to be used only for specified Medi-Cal services, including primary and specialty care, emergency care, family planning, mental health, and prescription
drugs.
•Prohibits revenues from being used to replace existing Medi-Cal funding.
•Caps administrative expenses and requires independent
audits of programs receiving funding.
No recommended
position.
Proposition
36 •Allows felony charges for possessing certain drugs and for thefts under $950—both currently chargeable only as
misdemeanors—with two prior drug or two prior theft
convictions, as applicable. Defendants who plead guilty to felony drug possession and complete treatment can have
charges dismissed.
•Increases sentences for other specified drug and theft crimes.
•Increased prison sentences may reduce savings that
currently fund mental health and drug treatment programs, No recommended
position.
Item 14
Item 14 Staff Report
Item 14: Staff Report
Pg.
4 Packet Pg. 350 of 377
Proposition Secretary of State Official Summary Staff Recommended Position
K-12 schools, and crime victims; any remaining savings may be used for new felony treatment program.
Palo Alto Ballot Measure
Proposition Ballot Question Staff Recommended
Position
Measure D Undedicates a 0.33-acre portion of existing parkland in El Camino Park for the purpose of creating a new road primarily for transit vehicles linking the Palo Alto Transit Center with El Camino Real
Support. Applicable
guidelines: supports
expansion and/or
maintaining of public
transit options throughout
Palo Alto, especially
funding for transit.
FISCAL/RESOURCE IMPACT
There is no financial impact associated with adopting support or oppose positions on ballot measures. The City Council annually budgets for legislative advocacy services, and these efforts are led by staff in the City Clerk’s Office with stakeholder support across departments, especially the City Manager’s Office.
STAKEHOLDER ENGAGEMENT
Staff from multiple departments are involved in the City’s legislative advocacy process. Staff meet regularly with the City’s legislative consultants to review pending state and federal activity, including legislation, grant opportunities, and ballot measures with potential impacts to the City.
ENVIRONMENTAL REVIEW
The City’s legislative advocacy activities are not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical change in the environment).
ATTACHMENTS
Attachment A: Townsend Public Affairs November 2024 Ballot Initiatives Memo APPROVED BY:
Mahealani Ah Yun, City Clerk
Staff: Christine Prior, Deputy City Clerk
Item 14
Item 14 Staff Report
Item 14: Staff Report
Pg.
5 Packet Pg. 351 of 377