2023-2031 HOUSING ELEMENT PROGRAM IMPLEMENTATION, 2025
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# Implementing Objective Time Frame Quantified Objective Current Status 2025 Status
2.2A Continue to require development of three or more netnew residential units to provide at least fifteen (15 percent) of those units as inclusionary units at below
market rates for ownership housing or pay a fee toward
the City’s affordable housing fund.
Ongoing 15 percent of the net new multi-family
ownership housing stock will be deedrestricted to affordable housing (twothirds at 100 percent AMI and one-third at 120 percent AMI), except in instances
where an in-lieu payment may be
accepted. The City will collect in-lieu
payments for new multi-family rental
housing based on project floor area times
a dollar amount set by the City’s fee
schedule, currently $24.52; payments will
be used to support qualifying affordable
housing projects. Some rental home
builders may elect to provide inclusionary
units to qualify for the State Density
Bonus, in such instances no additional inlieu payment will be received.
Ongoing Ongoing/Standard
Operations. Per the Palo
Alto Municipal Code, the
City continues to require
developments of three or
more net-new residential
units to provide at least
fifteen percent of units as
BMR inclusionary units.
2.2B Update the City’s 2020 financial feasibility report prepared by Strategic Economics and research a tiered
inclusionary housing requirement for ownership and
rental housing where market conditions support a
higher inclusionary rate; establish requirements for
lower income units at a reduced inclusionary
requirement based on feasibility findings and discussion with developers and community members.
Complete study and
implement recommendations
by June 30, 2026.
Update study and present findings to the
City Council with options to modify the
City’s inclusionary requirements. If
supported, enact municipal code changes
to implement changes. Implementation of
this objective may have the effect of
modifying the quantified objective in A
above.
In Progress In Progress. This is included
in the scope of the fee study
project initiated at the end
of 2025. The project team
began work after the
consultant contract was
approved on December 15,
2025. The project includes
tasks to update the BMR
program report, perform
required research and, make
recommendations to Council
(as appropriate) by June 30,
2026.
2.2C Amend the City’s BMR program to ensure continued
affordability of income-restricted ownership units for
the life of the project (exempting certain affordable
projects taking advantage of tax credit financing). Once amended, conduct outreach with home builders and
other stakeholders regarding amended program.
Complete by December 31,
2028.
Conduct outreach with home builders and
other stakeholders and draft an ordinance
to extend income restrictions in
accordance with the implementing
objective.
Pending Pending/Not Started.
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2.2D Review the City's Below Market Rate rental procedures for households who exceed the maximum income limit
during their tenancy. Update rental procedures to
ensure reasonable transition time for households
whose incomes increase but end up disqualifying
households from deed restricted housing. [Note: this
can only apply to units in the City’s BMR program, 100
percent affordable projects may have other lenderdictated requirements.] Complete by December 31,
2025.
Update rental procedures to respond to
input from rental community to ensure
that affordable housing units are occupied
by qualified individuals.
In Progress In Progress. Options
identified in fall 2025 to
amend procedures. Review
in progress.
PROGRAM 3: CONSTRAINTS
Program 3.1: Fee Waivers and Adjustments
3.1A Amend the City’s municipal fee schedule to waive City staff costs associated with the processing of an
affordable housing planning application, except for
directly related consultant supported costs.
Amend fee schedule by
December 2024
Reduce application processing costs by
approximately $20,000 per affordable
housing application and processed for a
planning entitlement.
Complete Complete. The Palo Alto
Municipal Fee Schedule
outlines a Planning
Application Fee Waiver for
100% Affordable Housing
Projects.
3.1B Prepare an economic feasibility study to analyze
implications that the park fee, may have on housing
production; adjust fees as appropriate to enable a
reasonable return on investment and ensure sufficient
fee collection to support City services. Complete
additional study by December 2025. If study
demonstrates that park fees are acting as a constraint
on housing production, amend fee schedule by
September 2026.
Complete and implement
studies by September 2024.
Complete additional study by
2025. Amend fee schedule by
September 2026.
In Progress In Progress. City issued RFP
for this work in May 2025.
Work began at the end of
2025. Any recommended
changes to the park land
dedication fees will be
approved by City Council by
September 2026.
3.1C By September 2024, complete and implement studies
to convert existing park, community center, and library development impact fees that are applied on a per unit
basis to a per square foot basis. Complete additional
study by December 2025. If study demonstrates that
development impact fees are acting as a constraint on
housing production, amend fee schedule or modify
development standards by September 2026.
Complete and implement
studies by September 2024.
Complete additional study by
2025. Amend fee schedule by
September 2026.
In Progress In Progress. Initial update
completed in 2024. Project
team began work on
additional analysis as part of
a fee study and update
project initiated at the end
of 2025.
Program 3.2: Monitor Constraints to Housing
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3.2A Monitor new local policy initiatives for effectiveness in combatting identified constraints to housing
development.
Complete review and
implementation of required
edits once during the
planning period, by January
2027.
Ongoing Ongoing/Standard
Operations. The City
continually monitors policy
initiatives and their potential
impact on housing
development. Any
recommended changes to
the park land dedication
fees will be approved by City
Council by September 2026.
3.2B When new land use regulations, impact fees, or
procedural changes are being considered by the
Planning and Transportation Commission and City
Council, the City shall prepare an analysis in the
accompanying staff report detailing how the regulation
may impact housing production, if at all, and provide
recommended solutions to address those impacts.
Complete review and
implementation of required
edits once during the
planning period, by January
2027.
Ongoing Ongoing/Standard
Operations. An analysis on
the potential impact on
housing production is
included for relevant
Planning and Transportation
Commission and City Council
staff reports.
3.2C The City shall monitor the application of the Municipal Code standards for potential constraints to housing
projects and recommend changes annually, as
appropriate, to enhance the feasibility of affordable
housing.
Complete review and
implementation of required
edits once during the
planning period, by January
2027.
Ongoing Ongoing/Standard
Operations. The City
continually monitors the
application of the Municipal
Code to identify potential
constraints related to
affordable housing
feasibility.
Program 3.3: Affordable Housing Development Incentives
3.3A Amend the municipal code to extend the affordable
housing incentive program to apply to all housing
opportunity sites identified in the Housing Element and zoned for commercial, industrial or multi-family
residential use; research potential AHIP regulations for religious institution sites located in the R1 district with a reduced density provision.
Complete zoning changes by
December 31, 2024
Amend the zoning code and
comprehensive plan as necessary to
extend the provision of affordable
housing incentive program to sites in the
housing inventory and codify additional
incentives described herein.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
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3.3B Amend the affordable housing overlay (incentive
program) regulations to allow housing projects to
achieve a residential floor area ratio of 2.4:1.0 without requiring commercial floor area (except where required
on University and California Avenues). The City will
modify AHIP development and parking standards
commensurate with FAR increases, and, for housing
projects income restricted to 60 percent of the area
median income level or below, allow up to sixty (60)
feet in height on all opportunity sites
Complete zoning changes by
December 31, 2024
Amend the zoning code and
comprehensive plan as necessary to
extend the provision of affordable
housing incentive program to sites in the
housing inventory and codify additional
incentives described herein.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
3.3C Amend Zoning Code to incorporate all recent changes to State density bonus law and develop summary
materials to promote the use of density bonuses.
Complete zoning changes by
December 31, 2024
Amend the zoning code and
comprehensive plan as necessary to
extend the provision of affordable
housing incentive program to sites in the
housing inventory and codify additional
incentives described herein.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
3.3D Amend the PAMC to streamline all 100% affordable
housing development projects. Implement a procedure
that prioritizes affordable housing projects for staff
resources and, if applicable, hearing dates, above other projects, regardless of submission date.
Complete by December 2024 The timeframes associated with permit processing can be viewed as a constraint
to affordable development. The City aims
to complete the processing of planning
entitlements for affordable housing
projects exempt from environmental
review within 90 days from application
submittal.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
Program 3.4: Housing Incentive Program (HIP)
3.4A HIP qualifying projects that also comply with City approved objective standards shall be administratively
reviewed with one courtesy meeting before the
Architectural Review Board.
Revise review process
instructions by December
2024.
Monitor projects for compliance with
desired review schedule, track application
processing timelines and number of
applications appealed to Council; use data
to inform future modifications to the HIP
program.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
3.4B Amend the local Housing Incentive Program to include specific expanded development standards, as an
alternative to state density bonus provisions. Reduce
barriers by removing Planning Director discretion to
define applicable standards in each instance.
Complete Municipal Code
amendments by December
31, 2024.
Amend the municipal code and
comprehensive plan to codify
implementing objective with the goal of
encouraging the development of
approximately 550 units over the planning
period.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
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3.4C Allow for sites subject to the City’s retail preservation ordinance – except in the ground floor (GF) and retail
(R) combining districts and strategic locations generally depicted in the draft South El Camino Real Design
Guidelines – to have a reduction in the amount of retail replacement floor area needed for redevelopment and
waive the retail preservation requirement for identified housing opportunity sites.
Complete Municipal Code
amendments by December
31, 2024.
Amend the municipal code and
comprehensive plan to codify
implementing objective with the goal of
encouraging the development of
approximately 550 units over the planning
period.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
3.4D Extend the local Housing Incentive Program to the
multi-family residential districts (RM-20, RM-30, and R40).as well as the ROLM and GM district focus area The Housing Incentive Program development standards
shall be amended to increase height and floor area
allowances for housing projects; reduce parking
requirements to match or improve upon state density
bonus, and adjustment to other development standards
to enable greater housing production.
Complete Municipal Code
amendments by December
31, 2024.
Amend the municipal code and
comprehensive plan to codify
implementing objective with the goal of
encouraging the development of
approximately 550 units over the planning
period.
Complete Complete. The Planning and
Transportation Commission
recommended approval of
the ordinance in December
2024. The City Council
adopted the ordinance in
March 2025.
3.4E Expand the geographic boundaries of the El Camino
Real Focus Area (adopted in 2023) to incentivize
housing production at appropriate locations. Increase
building height and floor area ratios and apply other
objective standards, such as transitional height
restrictions, to address single family zoning district
adjacencies. The proposed standards will be an
alternative to the state density bonus.
Complete municipal code
amendments by June 30,
2025.
Amend municipal code with the goal of
encouraging development of
approximately 500 units over the planning
period.
Complete The City Council adopted an
ordinance expanding the
boundaries of the El Camino
Real Focus Area and
amending the regulations on
May 27, 2025.
Program 3.5: Accessory Dwelling Unit (ADU) Facilitation
3.5A Develop, maintain and update a City Summary Guide to ADUs and JADUs to promote, educate, and assist
homeowners with developing ADUs/JADUs.
Complete by June 30, 2024
and maintain annually
thereafter.
Facilitate the development of 512 ADUs
over the planning period.
Ongoing Ongoing/Standard
Operations. An updated
version of the City Summary
Guide to ADUs and JADUs
was made available in 2025.
3.5B Provide informational workshop(s) and publish
resources on City’s website on building ADUs and
JADUs. Target outreach to property owners in
neighborhoods designated as racially concentrated
areas of affluence to promote housing mobility for
lower- and moderate-income households. Provide
workshops and materials in English, Spanish, and
Chinese.
Publish material on the City’s
website by December 2024
and facilitate one workshop
annually in multiple
languages.
Facilitate construction of 512 ADUs over
the planning period, with a goal of at least
128 (25%) of these to be in
neighborhoods with higher median
incomes.
Ongoing Ongoing/Standard
Operations. Resources on
building ADUs and JADUs
were published on the City's
website in 2025. Staff is
available to provide
information as needed.
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3.5C In accordance with AB 1332, and in coordination with Santa Clara County’s ongoing efforts, develop a
program for pre-approved standards for ADU
foundation plans or prefabricated plans.
Create program by January 1,
2025 and annually inform
residents and developers of
available plans.
Facilitate construction of 512 ADUs over
the planning period, with a goal of at least
128 (25%) of these to be in
neighborhoods with higher median
incomes.
Ongoing Ongoing. Website and City
review process are
completed.
3.5D Continue to monitor and publish information related to ADU production and application review timelines; meet
with ADU stakeholders and review application
processing performance to identify potential
impediments and make adjustments as needed.
Meet with ADU stakeholders
at least once every two years
starting in 2024; prepare
information reports biannually.
Prepare bi-annual reports documenting
findings to facilitate construction of 512
ADUs over the planning period, with a
goal of at least 128 (25 percent) of these
to be in neighborhoods with higher
median incomes.
In Progress In progress.
3.5E Realign development impact fees for ADUs larger than 750 sq. ft. to utilize per-square-foot methodology, likely reducing fee applied to ADUs.
Adopt changes to fee
schedule by September 2024.
Eliminate variations in impact fees for
similarly sized ADUs to increase the supply
of affordable housing in higher
opportunity areas
Complete Complete. In September
2024, City Council adopted
an ordinance realigning
impact fees for ADUs to
utilize per-square-foot
methodology.
3.5F Amend ADU ordinance as required to comply with State law and submit to HCD
Amend ordinance by May
2023. If further amendments
are made to state ADU law,
amend ordinance within 6
months to ensure continued
compliance with ADU law.
Ensure that the City’s ADU ordinance
complies with State law.
Ongoing Ongoing. The latest
ordinance was approved and
adopted by the City Council
on June 17, 2025 and
became effective on July 17,
2025. Staff sent the final
ordinance to HCD on July 16,
2025.
3.5G Review ADU production and affordability levels every two years to determine if assumptions made in Housing
Element are accurate. Prepare and circulate survey of
ADUs to determine affordability levels and determine
where any improvements can be made to the process
and whether non-governmental constraints to
construction of ADUs, such as financing and
construction costs, are restricting development. If
assumptions are not met, and depending on the results
of the survey, take additional actions, which could
include additional public outreach efforts, modifications to process, pre-approved plans, additional zoning
flexibility, ADU incentives, financial assistance, and
identification of new sites.
Meet with ADU stakeholders
at least once every two years
starting in 2024. Review ADU
trends every two years
starting in January 2025. If
assumptions are not met,
take actions within six months
of receiving results to
increase ADU production and
ensure that the City continues
to have adequate housing
sites.
Undertake affordability survey and
prepare bi-annual report documenting
findings to promote income integration
and increase the supply of affordable
housing in higher opportunity areas
In Progress In Progress. Quarterly
reports are published
related to production and
review timelines.
Program 3.6: Expedited Project Review
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3.6A Amend the Municipal Code to exempt housing projects from Architectural Review to the extent they comply
with the City’s objective design standards, requiring
only one study session or courtesy review by the
Architectural Review Board. Clarify staff-level approval process for ministerial and by-right reviews.
Complete by January 31,
2024.
Complete Complete. City Council
adopted an ordinance
amending the Municipal
Code to exempt housing
projects from Architectural
Review to the extent that
they comply with the City's
objective design standards
in January 2024..
3.6B For projects subject to Architectural Review, develop process for early review by the ARB (within 45-60 days
of submittal), even if application is not yet complete.
Implement by December
2024.
The City aims to complete the processing
of planning entitlements for housing
projects exempt from environmental
review within 90 City-processing days
from application completeness.
In Progress In Progress. Where feasible,
projects subject to
Architectural Review are
reviewed within 45-60 days
by the ARB. As noted in
Programs 3.6(A) and (D), the
City has also developed
streamlining paths to limit
the number of Architectural
Review hearing to which
projects may be subject.
3.6C Formalize a procedure to offer no-cost pre-application consultation services for new housing developments.
Complete by July 1, 2024 Provide a no-cost pre-consultation meeting for up to 120 minutes for any
multi-family housing project.
Complete Complete. Process has been
implemented as of June 30,
2024.
3.6D For housing projects subject to the City’s Architectural Review Board, limit the number of hearings before the
ARB to a maximum of two meetings.
Complete by December 31,
2024
Amend the zoning code to limit multifamily housing projects to two hearings before the City’s ARB unless additional
review is agreed upon by the home
builder and City; document the City’s
performance.
Complete Complete. The ordinance
amendments was adopted
by the City Council in
January 2025.
Program 3.7: Objective Design Standards for SOFA
3.7A Develop Objective Design Standards for the SOFA Area to accommodate future residential development at
higher densities.
Complete and adopt objective
design standards by
December 31, 2026
Support additional residential
development proposed for the SOFA area.
In Progress In Progress. Project scoping
initiated in Q4 2025.
Program 3.8: Zoning Ordinance Monitoring
3.8A Amend the zoning code to ensure compliance with all provisions of current state law as specified in Program
6.5. Complete by December 31,
2023
Ensure that the zoning code is consistent
with state law.
Complete Complete. The zoning code
was amended in May of
2024 to ensure compliance
with current State law.
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3.8B Review future adopted changes in state law and adopt additional zoning ordinance changes as required to
comply with state law.
In addition, by December 31
of each year, review adopted
changes in state law effective
January 1 of the next year and
adopt additional ordinance
changes as required to
comply with state law. This
program would continue to
be implemented on an
ongoing basis through the
remainder of the planning
period as state law is
amended.
Ensure that the zoning code is consistent
with state law.
Ongoing Ongoing/Standard
Operations. Staff regularly
monitors changes in State
law.
Program 3.9: Conversion of Commercial Uses to Mixed-Use Development
3.9A Amend the City’s Municipal Code to reduce commercial floor area allowances or other commercial incentives at strategic locations to shift the economic benefit of
redevelopment toward home building.
Complete amendments to
Municipal Code by December
31, 2025
Support the development of 716 units on
sites with existing commercial uses.
In Progress In Progress. Staff will bring
options to the Policy &
Services Committee in
March 2026.
3.9B The City shall conduct outreach with home builders and other stakeholders to assess the feasibility of marketing different housing typologies without on-site parking
(paid through an in-lieu fee) and the implications for
City parking resources. Findings will be presented to the City Council along with options on how to proceed,
including the potential extension of the University
Avenue In-Lieu Parking program to residential projects
and the creation of an in-lieu parking program for the
California Avenue area.
Present findings to City
Council by December 31,
2025 with amendments to
municipal code by December
31, 2026.
Complete Complete. Report delivered
to City Council on December
15, 2025. No amendments
are required at this time.
PROGRAM 4: CONSERVATION
Program 4.1: Replacement Housing
4.1A Enforce replacement housing requirements as required by state law. Amend the City’s municipal code to
require all sites listed in the housing element, all
projects utilizing density bonuses, and all projects
demolishing residential dwelling units to meet the
replacement housing requirements of state law
contained in housing element law, density bonus law,
the Housing Crisis Act of 2019 as amended by AB 1218.
Continue to implement state
law for all development
projects subject to
replacement housing
requirements. Adopt
ordinance as part of planned
rezonings by January 31,
2025.
Amend the municipal code to implement
replacement housing obligations.
Complete Complete. The ordinance
amendments were adopted
by the City Council in
January 2025.
Program 4.2: Housing and Neighborhood Preservation
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4.2A Annually communicate with renters through direct
mailing to multi-family apartment buildings and
through the City’s website, resources available to
renters, including expectations for housing quality and steps to take for suspected substandard housing
conditions.
Initiate in 2025 and annually
thereafter.
Prepare relevant information, provide to
all renters by mail, and post online,
implement best outreach approaches to
communicate with renters.
Ongoing Ongoing. Website updated
with additional tenant
resources in December
2025. First mailers sent in
Winter 2025/2026.
4.2B In response to any complaint about substandard
housing received by the City’s Code Enforcement
Program, staff will provide information to the resident or homeowner about the City’s Rehabilitation Program
and conduct residential code inspections to determine
if the property is substandard in accordance with PAMC
16.40.020 and the state Housing Code. If the property is substandard, the City will begin code enforcement
action.
Ongoing. Staff will respond to any complaints
received, conduct code inspections of all
reported units, provide access to relevant
information, and, when necessary,
connect the complainant with mediation
services offered by the City through a
contract provider, or undertake
enforcement action, as appropriate.
Ongoing Ongoing/Standard
Operations. The City
responds to complaints
received as appropriate and
partners with a non-profit
service provider to offer
mediation services.
4.2C The City will conduct increased outreach to increase awareness of housing resources, fair housing
workshops, and tenant protection. Specifically, the City will conduct at least one fair housing workshop
annually for community-based organizations that serve
residents and housing providers in areas of the City
with the highest number of substandard housing
complaints to Code Enforcement. Non-profit partners
provide fair housing information and advice to
individual tenants.
Ongoing and annually, with
first workshop to occur by
December 2024.
Disseminate information to the public to
increase the awareness of support for
tenant protections with the goal of
reaching at least five new households
annually. The City will engage with
community-based organizations to gauge
the effectiveness of the workshops. If new
households are not reached, City will
increase outreach efforts.
Ongoing Ongoing/Standard
Operations. The City held an
Affordable Housing and
Housing Resources Fair on
May 17, 2025. The City also
held workshops to provide
housing resources
throughout the year, in part
through contract with nonprofit service providers.
4.2D The City will develop options for limiting short-term rentals in all areas of the City to ensure housing stock is used for long-term rentals. Strategies to evaluate
include prohibiting short-term rentals (no less than 30 days allowed), limiting the number of days the unit can be used for short-term rentals, prohibiting short-term
rentals in all multi-unit dwellings, allowing for shortterm rentals only if the property is the owner’s primary residence, and benchmarking the number of short-term
rentals allowed to no more than a specific percentage
of the community’s rental housing stock
Initiate study of short-term
rentals in 2025 and determine
impact on City housing
supply. Adopt ordinance by
July 1, 2027 to limit shortterm rentals as required to minimize impacts on
properties available for longterm use.
In Progress In Progress. Project scoping
initiated in Q4 2025.
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4.2E The City will evaluate the feasibility of adding
regulations to incentivize the use of housing units for residential purposes to support retention of housing
stock.
Initiate study of short-term
rentals in 2025 and determine
impact on City housing
supply. Adopt ordinance by
July 1, 2027 to limit shortterm rentals as required to minimize impacts on
properties available for longterm use.
Amend the municipal code to codify
regulations limiting short-term rentals.
In Progress In Progress. Project scoping
initiated in Q4 2025.
Program 4.3: Home Rehabilitation
4.3A Continue to work with home rehabilitation
organizations to assist qualifying low-income
homeowners with home rehabilitation projects.
Ongoing Ongoing/Standard
Operations. The City
continues to partner with
home rehabilitation
organizations to support
home repair needs of lowincome homeowners.
4.3B Develop CDBG outreach program to educate residents about opportunities for services, such as RV parking and rental assistance regarding mediation.
Develop program by
December 2026. The City’s
partnership with home
rehabilitation organizations is
ongoing.
Disseminate information to the public to
increase the awareness of support for
home rehabilitation with the goal of
reaching at least five new households
annually.
Pending Pending/Not Started.
4.3C Annually dedicate CDBG funds as available to support the City’s Rehabilitation Program; seek additional
funding to supplement CDBG funding to expand the
program and recipients to households above lowincome levels.
Annually budget CDBG funds
for City’s Rehabilitation
Program.
Participate and remain in good standing
with the CBDG program, with the goal of
providing funding to support the
rehabilitation of at least five homes
annually
Ongoing Ongoing/Standard
Operations. The City
continues to partner with
home rehabilitation
organizations to support
home repair needs of lowincome Palo Alto
homeowners and monitors
availability of funds to
support households at other
income levels.
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4.3D City will conduct increased outreach to increase
awareness of CDBG funds and availability of said funds.
The City will conduct one CDBG workshop annually to
disseminate information regarding program
requirements and availability of funds. The City will also update their website annually with information on the
program.
Ongoing and annually, with
first workshop to occur by
December 2024 and website
updated after adoption of
each CDBG budget.
Disseminate information to the public to
increase the use of available CDBG funds
with the goal of supporting the
rehabilitation of at least 5 homes
annually. Market home rehabilitation
program opportunities as part of Housing
Resources Fair. Continue to update the
new Housing Portal on the City’s website.
Ongoing Ongoing/Standard
Operations. The City
conducts annual outreach
and workshops to increase
awareness of availability of
CDBG funds. A CDBG preproposal conference
occurred on November 14,
2025 for those interested in
the notice of funding
availability issued by the
City..
Program 4.4: Seismic Retrofit
4.4A Amend the City’s seismic hazards identification
program to strengthen regulations and require seismic
upgrades of vulnerable housing stock through a
combination of mandatory provisions and voluntary
incentives.
Initiate effort in 2024 begin
outreach in 2025, complete
by 2026.
Amend the City’s seismic regulations to
advance implementation objective,
including a compliance schedule for
approximately 130 soft-story multi-family
buildings in Palo Alto located near
Downtown, Midtown and the Ventura
neighborhood, along California Avenue,
College Terrace, San Antonio Road, and
elsewhere.
In Progress In Progress. The project
team began work on
ordinance and program
update in May 2025. The
update is expected to be
completed in 2026, with
phased implementation.
Program 4.5: Encourage Local Hiring
4.5A Develop local labor program list. Establish and post a list of local labor unions and apprenticeship programs
on City’s website and encourage developers and
contractors to hire local labor.
Establish list by December 31,
2026.
Develop local labor program list. Pending Pending/Not Started.
PROGRAM 5: AT-RISK HOUSING
Program 5.1: Preservation of At-Risk Housing
5.1A Monitor the status of the 72 units at high risk of conversion to market rate units during the planning
period and seek to preserve these affordable units at
their existing affordability levels.
Monitor annually. Track the status of units with high risk of conversion to market-rate to preserve
affordability for extremely low and very
low income households.
Ongoing Ongoing/Standard
Operations. The City
continually monitors status
of units at high risk of
conversion.
5.1B Provide direct notification to property owners and tenants of low-income deed restricted housing units of
the state requirement to notify affected households
about the termination of the affordability restrictions at six and twelve months, and three years.
Twice during the reporting
period, once in 2024 and
again in 2028.
Mail requirements to qualifying property
owners as specified.
In Progress In Progress. First mailing
completed. Second mailing
scheduled for 2028.
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5.1C Inform property owners of their obligation to comply with noticing requirements stipulated under state law
to ensure that qualified nonprofit entities from the
State’s qualified entities list are informed of the
opportunity to acquire the affordable property and that tenants are informed about their rights and potential
resources.
Send notice to property
owner three years prior to
potential project conversion.
Provide follow-up with
contacts one years and six
months prior to conversion if
property owner fails to
comply.
Ensure qualified non-profit entities are
notified of acquisition opportunities and
to ensure tenants are aware of the
impending changes.
Ongoing Ongoing/Standard
Operations. Staff continually
monitors affordable units
that are at-risk of conversion
and will send notice as
necessary.
5.1D Contingent on funding availability, in the event that a property is scheduled for conversion, contact property
owner regarding funding availability. If the property
owner intends to sell the property encourage sale to a
qualified non-profit entity.
Inform property owner three
years prior to potential
project conversion whether
funding is available to
preserve the affordability
restrictions.
Incentivize the sale to a qualified nonprofit entity.Ongoing Ongoing/Standard Operations. Staff continually
monitors affordable units
that are at-risk of
conversion.
5.1E Continue to engage with HUD and the property owner of 4230 Terman Drive (Terman Apartments) with 72
affordable housing units at risk of conversion to market rate units during the housing cycle to explore
opportunities for continued affordability. At present,
the owners have no intention to sell the project or
transfer the affordable units out of the Section 8
contract, based on correspondence with a HUD
representative on September 14, 2022.
Initiate conversation in 2024. Preserve 72 affordable housing units that are at risk of conversion.
In Progress In Progress. Conversations
with HUD and property
owner were initiated in
2024.
Program 5.2: Water and Sewer Suppliers
5.2A Provide a copy of the adopted 2023-31 Housing
Element to the City’s Utility Department, which
provides water and sewer service to the City.
Within 30 days of adoption. Update Utilities Department Rules and Regulations.
Complete Complete. The certified
Housing Element has been
shared with the City's Utility
Department following HCD
certification in August 2024.
PROGRAM 6: FAIR HOUSING
Program 6.1: Housing for Persons with Special Needs
6.1A For extremely low-income housing units, update the City’s affordable housing guidelines to establish
preferences for populations with special needs in those units.
Adopt revised guidelines by
December 31, 2024.
Complete Complete. Affordable
housing guidelines have
been updated to include
preferences for populations
with special needs in
extremely low-income
housing units.
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6.1B Contract with and financially support non-profit
services providers through the Community
Development Block Grant program, such as the
Opportunity Center, that help meet the supportive
services needs of the City’s diverse community,
especially those with extremely low incomes.
Starting in 2023 and annually
thereafter, as funds are
available.
Support the Opportunity Center with the
goal of providing services to 50 lowincome households during the planning period.
Ongoing Ongoing/Standard
Operations. The City
continues to contract with
multiple organizations
through the Community
Development Block Grant
program to provide
supportive services to
residents.
6.1C In order to assist in the housing needs for special needs populations, the City will facilitate the development of housing for persons with disabilities through incentives including streamlined processing, scoring priorities in future Notices of Funding Availability, and/or direct
subsidies drawing from City affordable housing funding
such as CDBG, HOME, Affordable Trust fund, and other
State/federal funding sources for affordable housing
development with services, resources, and assistance:
a) Establish procedures by June 2024 in Notice of Funds Available (NOFA) that create incentives for the
development of various types of housing units,
including units for persons with disabilities and seniors, such as bonus points or preference for special needs
housing. b) Annually engage with housing stakeholders
and housing providers, on the identification of needs
and new solutions, including lessons learned from the
operators of the City’s recently approved AB2162
housing project for persons with disabilities. c) Partner with the County and other agencies to pursue funding
sources, such as County Measure A funds, designated
for housing for special needs groups, including persons with disabilities.
Conduct outreach to housing
providers and County starting
in 2024 and annually
thereafter. Prepare a NOFA in
2024 and review annually
thereafter based on adequate
availability of funds.
Meet annually with housing service
providers and the Santa Clara County
representatives to identify opportunities
to further support special needs
populations. Develop at least 5 units
annually for a total of 40 housing units for
special needs households
Ongoing Ongoing/Standard
Operations. The 525 East
Charleston project, which
includes 50 affordable
housing units, including 25
dedicated to residents with
special needs is anticipated
to be operational in 2025.
The City is also actively
working with the County
Housing Authority on the
Buena Vista Redevelopment
Project. Charities Housing is
anticipated to begin
construction of the 3001 El
Camino Real affordable
housing project in winter
2025. The City committed $5
million in funding in
Janurary, 2025.
6.1D Continue to implement the Municipal Code and
facilitate requests for reasonable accommodation to
land use decisions and procedures regulating the siting, funding, development, and use of housing for people
with disabilities.
Annually report on
reasonable accommodation
requests received, and their
outcomes, in the Annual
Progress Report.
Support the development of additional
housing opportunities for those with
disabilities.
Ongoing Ongoing/Standard
Operations.
Program 6.2: Family Housing and Large Units
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6.2A Research and implement incentives to encourage larger units, such as FAR exemptions for three or more
bedroom units, and creation of family-friendly design
standards. Meet with housing stakeholders and
conduct public hearings before the Planning and
Transportation Commission to receive public and
commissioner input on ways to achieve stated
objective. Make recommendations to Council and
follow up with an ordinance to effect a change in local zoning regulations as directed.
Support additional
development of large housing
units in areas with larger
concentrations of
overcrowding (along
Embarcadero Road northeast
of Highway 101 and south of
Alma Street) through code
amendments that incentive
large family housing units and
family-friendly designs, with
the goal of a housing stock
where large units comprise 10
percent of all new rental
units.
Initiate study of possible incentives by
June 2025 and adopt recommended
actions by June 2026.
Complete Complete. In March 2025,
following staff analysis and
Planning and Transportation
Commission public hearings
and feedback, the City
Council approved
modifications to the Housing
Incentive Program
ordinance, including a
provision incentivizing larger
units that can accommodate
families by allowing
density/floor area ratio
increases for "family-friendly
units" consisting of three or
more bedrooms.
Program 6.3: Middle Housing Program
6.3A Increase the floor area limitation from 800 to 1,200 square feet per unit for SB 9 projects that result in
creation of three or more detached units on a singlefamily lot. Refine objective design standards and development standards based on experience with
project applications.
Initiate by 2025, complete by
December 2026.
Development of 40 net new units, other
than ADU development, on single-family
zoned lots in racially concentrated areas
of affluence during the planning period
Pending Pending.
6.3B Prioritize adoption of development standards that
support smaller-scale “missing middle” development
when implementing Programs 1.1, 3.4, 3.5, and 3.6
See timeframes for
referenced programs
Development of 40 net new units in
smaller-scale development projects in
racially concentrated areas of affluence.
Ongoing Ongoing/Standard
Operations.
Program 6.4: Homelessness Program
6.4A Expand geographic and service areas of the City’s Safe Parking Program. Research the feasibility and extend
the safe parking program to City parks, parking lots and commercial lots. Expand program services to include
case management and explore opportunities to provide
supervised access to City facilities.
Initiate by 2026, complete by
December 2028.
Support the City’s existing population
living in vehicles by annually moving 40
percent of individuals using Safe Parking
to housing as it becomes available.
Pending Pending/Not Started.
6.4B Create a social services directory and make it available to residents at public counters, on the City website, and at Safe Parking areas.
Complete by December 2023. Complete Complete. A Social Services directory was created in
2023 and has been widely
distributed.
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6.4C Expand the City’s homeless prevention program to
include renter protections, including security deposit
limits, eviction reductions and financial assistance for utilities. Identify funding sources, such as Human
Services Resource Allocation Process (HSRAP) funds to
support households at risk of homelessness; engage
with homelessness stakeholders, conduct hearings
before the Planning and Transportation and City
Council and make recommendations to support
objective; implement based on available funding.
Initiate code amendments in
2023 and complete by June
2024.
Adopt new renter protection ordinances
to advance objective.
In Progress In Progress. HSRAP's priority
of needs funding categories
continues to include
homeless services (including
prevention) and for the
FY26/27 RFP added Housing
Support Services as an
allowable funding category.
FY26/27 HSRAP funding was
provided to five
organizations servicing the
unhoused for a total HSRAP
investment of $289,865.
Complete (code
amendments). Ongoing
(funding source
identification).
6.4D Continue to pursue the Homekey Palo Alto at 1237 San Antonio Road for use as a temporary bridge housing
facility to provide accommodations for individuals who
are actively engaged in services leading to permanent
housing. Engage with stakeholders, including the State
Department of Housing and Community Development,
LifeMoves, Santa Clara County Office of Supportive
Housing, and the Santa Clara County Housing Authority.
Continue engagement efforts
on an ongoing basis
throughout the planning
period.
Advance the project and ensure robust
uptake by engaging in ongoing outreach
to the unhoused, ensuring support
services, connectivity, and transitional
housing for, at a minimum 88 households
annually.
In Progress In Progress. The City is
working with key
stakeholders and its
homeless outreach team to
develop an outreach plan to
ensure robust uptake of the
new facility when it opens in
2026.
6.4E Explore and implement, where feasible, additional
opportunities for Homekey funding or other similar
funding sources to convert hotels to permanent or
interim housing for persons experiencing homelessness
or at risk of homelessness. Work with stakeholders to
identify additional funding opportunities and locations to support homelessness population and those at risk
of homelessness.
Ongoing Ongoing Ongoing/Standard
Operations. The City
regularly accesses suitability
of new sources of funding to
support the homeless
population and those at risk
of homelessness.
Program 6.5: Alternate Housing
6.5A Coordinate with HIP Housing or similar house sharing services to provide shared housing arrangements.
Identify opportunities to extend home sharing services
to Palo Alto and promote on the City’s website as
appropriate
Initiate conversations in 2024. In Progress In Progress. Discussions have been initiated
regarding shared housing
arrangements in the City.
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6.5B Allow innovative housing structures, such as micro-unit housing and new shared and intergenerational housing
models, to help meet the housing needs of aging adults, students, and lower-income individuals citywide. Meet
with housing stakeholders and conduct public hearings
before the Planning and Transportation Commission to
receive public and commissioner input on ways to
achieve stated objective. To the extent that density
presents a constraint on development of alternative
housing types, identify sites where elimination of
maximum dwelling units per acre is appropriate.
Because impact fees assessed per unit inordinately
impact alternative housing types, adjust fees to apply to square footage. Make recommendations to Council and
follow up with an ordinance to effect a change in local zoning regulations as directed.
Initiate study of alternative
models in 2024 and present
initial findings in 2025 to
Commission, public, and
stakeholders. Adopt
ordinance revisions as
appropriate before December
31, 2026. Adjust fees to apply
by square footage, to
encourage alternative
housing types, in Fall 2024
In Progress In Progress. The project
team completed the existing
conditions analysis and
recommended alternatives
in December 2025. These
alternatives will be
presented to the Planning
and Transportation
Commission in early 2026.
6.5C Amend the PAMC to include group homes by right in all residential zones. Include a set of objective standards to provide certainty to applicants through the permitting
process.
Adopt ordinance
amendments by June 2025.
Complete Complete. The ordinance
amendments were adopted
by the City Council in
January 2025.
6.5D Amend the PAMC to be consistent with Government
Code Sections 65650 et seq., which require that
Supportive Housing meeting the standards in the
statute be treated as a by-right use where multifamily
and mixed uses are permitted, including nonresidential
zones permitting multifamily uses. Amendments will
also be made to allow transitional and supportive
housing, as defined in Government Code Section 65582,
to be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same
type in the same zone.
Adopt ordinance
amendments by January 2025
Complete Complete. The ordinance
amendments were adopted
by the City Council in
January 2025.
6.5E Amend the PAMC to be consistent with Government
Code sections 65660 et seq., which require a Low
Barrier Navigation center to be a use by-right in areas zoned for mixed-use and nonresidential zones
permitting multifamily uses, provided specific
requirements of the law are met.
Amend by January 2025 Complete Complete. The ordinance
amendments were adopted
by the City Council in
January 2025.
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6.5F Amend the PAMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply
with Government Code section 65583, subdivision
(a)(4)(A). Allow emergency shelters in the ROLM(E)
zone to be approved ministerially, without discretionary action, remove distance requirements, adjust length of
stay requirements, and ensure that the development
standards for shelters are in compliance with statutory requirements
Amend by January 2025 Complete Complete. The ordinance
amendments were adopted
by the City Council in
January 2025.
6.5G Amend the PAMC zoning code to ensure compliance
with the Employee Housing Act (including California
Health and Safety Code sections 17021.5, 17021.6, and
17021.8) to state that farmworker housing up to 36
beds or 12 units are to be permitted as an agricultural use and therefore “by right” in the AC and OS zones and no discretionary permit would be required of employee
housing providing accommodation for six or fewer
employees if discretionary permits are not required of a family dwelling of the same type in the same zone.
Amend by January 2025 Complete Complete. The ordinance
amendments were adopted
by the City Council in
January 2025.
Program 6.6: Fair Housing
6.6A Distribute educational materials to property owners, apartment managers, and tenants relative to fair
housing requirements, regulations, and services via
public counters, the City’s website, social media,
community announcements and in response to
telephone inquires. Provide materials in English,
Spanish, and Chinese.
Initiate first distribution by
May 31, 2024 and implement
annually thereafter.
Outreach to 100 residents, housing
providers, and housing professionals.
Prioritize neighborhoods with lower
income residents and cost burdened
renters, including at least 20 individuals in
South Ventura and North of Downtown,
adjacent to Menlo Park.
Ongoing Ongoing/Standard
Operations. The City has
contracted with a fair
housing services
organization to conduct
outreach and distribute
materials. The City also held
a Housing Fair on May 17,
2025 to provide housing
resources.
6.6B City will require affirmative marketing of all residential projects and will require developers to advertise to
under-represented, socio-economically sensitive
communities (as defined in Appendix C, AFFH Analysis)
along Alma Road to indicate the availability of housing units that meet affordable housing requirements.
Develop policy and initiate by
May 31, 2024.
Inclusion of marketing materials as a
condition of residential permit approvals
Citywide.
Complete Complete. Where
applicable, affirmative
marketing of affordable
housing units in residential
projects is required as a
condition of approval.
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6.6C Prepare an area plan for the San Antonio Road Corridor, including the ROLM/GM Focus Area. Collaborate with
local organizations and residents to facilitate
neighborhood planning that integrates housing with
safe multi-modal transportation and provides access to
amenities, parks and open space, placemaking
improvements, and mitigations for environmental
impacts.
Initiate work on area plan by
December 31, 2024.
Improve assets in areas of lower
opportunity and in areas projected for
growth in lower income housing, along
the San Antonio Road corridor.
In Progress In Progress. Phase 1 of
project wrapping up in
October 2025. Alternatives
will be presented to the
community in 2026. Plan
anticipated to be adopted in
early 2028.
6.6D Provide public announcements, via different media
(e.g., social media, newspaper ads, and public service
announcements at local radio and television channels)
related to fair housing programs and opportunities for
Palo Alto residents. Public announcement will be
provided in English, Spanish, and Chinese.
Initiate in January 2024 and
biannually thereafter.
Provide biannual announcements during
the planning period.
Ongoing Ongoing/Standard
Operations. The City has
contracted with a fair
housing services
organization to support the
public awareness of related
programs and opportunities
through multilingual
announcements.
6.6E Partner with non-profit service providers to conduct random compliance testing of rental properties in
South Ventura at least twice per year during the
planning period. Refer individuals to State Fair
Employment and Housing, HUD Fair Housing and Equal
Opportunity division, and other legal services as
appropriate
Ongoing; maintain contract
with non-profit service
providers.
Aim to reduce fair housing complaints by
approximately 10 percent annually in the
years following implementation of this
program.
Ongoing Ongoing/Standard
Operations. The City has
contracted with a non-profit
service provider to conduct
compliance testing.
6.6F Allocate annual funding for fair housing services
through the Action Plan process for the use of CDBG
funds.
Annually as part of the CBDG
update.
Ongoing Ongoing/Standard
Operations. The City
continues to allocate CDBG
funding to fair housingrelated service providers.
6.6G Continue to require mixed-income developments
accessible to lower income residents citywide,
especially in high opportunity and resource-rich areas
through use of the City’s Below Market Rate (BMR)
requirements. Continue to give priority for use of
Housing Trust Funds, development of city-owned
properties, and use of grant funding for housing to
projects located in high opportunity and resource-rich
areas. Pursue additional funding sources, such as State grants.
Ongoing as housing projects
are proposed and City
prepares notices of grant
funding.
Support the development of 1,556 units
for very-low income, and 896 units for
low-income households in high
opportunity and resource-rich during the
planning period.
Ongoing Ongoing/Standard
Operations. The City
continues to enact its Below
Market Rate Housing
requirements city-wide. In
2025, the City committed
funding for a new
construction affordable
development in a High
Resource area and advanced
affordable housing
development opportunities
on a city-owned High
Resource-designated site.
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6.6H In addition to existing funding, develop or identify a source for the City to provide expanded funding to nonprofit service providers. Ongoing and expanded funding will support efforts to address housing discrimination in the City, to conduct site tests, and to educate the
general public on fair housing issues.
Identify and, if applicable,
prepare an application for
new funding by Fall 2024.
Goal for expanded funding to reach an
additional 20 residents annually.
Ongoing Ongoing/Standard
Operations. The City
continues to monitor
available funds and apply as
applicable, such as for the
HCD Encampment
Resolution Funding.
6.6I Adopt tenant protections to prevent anti-displacement including the following: eviction reduction; rental
registry program; security deposit limit; right to
counsel. Specific proposals include: Fair Chance
Ordinance for persons with criminal records, selffunded rental registry and survey program; expanding AB 1482 protections to apply to new construction and
limiting security deposits 1.5x of monthly rent for
unfurnished units. Local relocation assistance
requirements were significantly expanded in 2022.
Begin implementation in
December 1, 2023 with
implementation completed
by the following dates: June
2024 (Fair Chance Ordinance,
rental registry program,
eviction reduction and
security deposit limit
legislation) and December
2027 (right to counsel)
Develop a database for tracking tenant
displacement and evictions to establish
baseline, trends, and develop policies that
would reduce unjust evictions.
In Progress In Progress. A security
deposit limit of 1.5x of
monthly rent was adopted
by the City Council in 2023.
Just cause eviction
protections were enacted by
the City Council in 2023. The
City's Rental Registry
Program implementation
began in 2024; Program Year
1 (FY 2024-2025) completed
and launch of Program Year
2 (FY 2025-2026)
commenced; the Rental
Registry Program now
operates on an ongoing
basis and can now be used
for tracking tenant
displacement and evictions
to establish a baseline,
trends, and to develop
policies that would reduce
unjust evictions. Staff
received direction on a draft
Fair Chance in Housing
Ordinance in April 2025.
Staff is tracking regional
work on right to counselrelated topics on an ongoing
basis.
6.6J As state law permits, require a 90-day notice for a rent increase of 6% instead of the State’s 10% threshold for noticing. Provide educational materials to landlords and tenants as part of Programs 6.6 A, B, D, and L.
Begin implementation in
December 1, 2023, with
legislation adopted by June
2024.
Pending On Hold. Currently, State
law does not permit the City
to change its noticing
requirements.
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6.6K Promote Housing Choice Vouchers to support housing mobility by educating landlords about income
discrimination (i.e., Cannot post “NO Section 8” on
applications), with a goal to increase acceptance of
Housing Choice Vouchers in high opportunity and high
resource areas. Include educational materials as part of Programs 6.6 A, B, D, and L.
Ongoing Assist 200 households annually or the
number of vouchers allocated under the
housing choice voucher program,
including project-based vouchers
Ongoing Ongoing/Standard
Operations. The City has
completed mailings and
provided workshops to
further educate landlords
about income
discrimination.
6.6L Work with non-profit service providers and renter
organizations to conduct an annual workshop in the
South Ventura and Downtown North neighborhoods to
educate tenants and landlords about fair housing
requirements.
Ongoing, annually. Aim to reduce fair housing complaints by educating at least 20 tenants and
landlords annually
Ongoing Ongoing/Standard
Operations. The City has
contracted with a fair
housing services
organization to educate
tenants and landlords
throughout the year. This
includes multiple workshops
for tenants and landlords
regarding fair housing
requirements.
6.6M Work with non-profit service providers to respond to complaints of discrimination (i.e. intaking, investigation of complaints, and resolution) within 3 days and follow up with information on the resources and services
available through fair housing services.
Ongoing. Aim to reduce fair housing complaints by
ensuring timely attention to complaints.
Ongoing Ongoing/Standard
Operations. The City has
contracted with a fair
housing services
organization to respond to
discrimination complaints
and provide mediation
services.
6.6N Educate tenants and landlords about their rights and responsibilities related to relocation assistance required by the City or state law in the event of an owner movein, Ellis Act eviction, or property redevelopment.
Conduct one workshop for tenants and one workshop
for landlords annually, in multiple languages
Annually. Aim to educate at least 20 tenants and
landlords annually.
Ongoing Ongoing/Standard
Operations. The City
continues to contract with a
fair housing services
organization that educates
tenants and landlords
throughout the year. This
includes multiple workshops
for tenants and landlords.
6.6O Enforce relocation payment required through
imposition of liens in cases where landlords fail to pay required assistance.
Ongoing Establish a complaint tracking system by
June 2024 through Code Enforcement
with a goal of minimizing complaints
through outreach and education and of
ensuring that all tenants receive required
relocation payments
Ongoing Ongoing/Standard
Operations. A complaint
tracking system through
Code Enforcement is in
place.
Program 6.7: Community Outreach Program
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Element Implementation Programs,
2025
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2023-2031 HOUSING ELEMENT PROGRAM IMPLEMENTATION, 2025
Program
# Implementing Objective Time Frame Quantified Objective Current Status 2025 Status
6.7A Partner with Human Services for community outreach with a focus on additional engagement to traditionally
underrepresented groups. Meet with Human Services
representatives bi-annually to formulate strategies
aimed at engaging the City’s most vulnerable
populations located in areas with lower income
households, particularly along Alma Street and
Embarcadero Road northeast of Highway 101.
Bi-annually; initiate first
meeting by January 2024.
Reach at least 20 households annually
through work with Human Services.
Ongoing Ongoing/Standard
Operations. The Planning
and Development Services
Department regularly
communicates with the
Human Services team.
Collaborative events are
held to engage the City's
most vulnerable
populations. A Resource Fair
for low income and
unhoused individuals was
held in June 2025.
6.7B The City shall continue to facilitate opportunities for all residents and stakeholders to provide meaningful and
effective input on proposed planning activities early on and continuously throughout plan development and
the public review process. Outreach efforts to
disadvantaged communities, , particularly areas with
higher poverty rates (University Avenue and Downtown
North, and South Ventura neighborhood) and areas
designated as moderate resource (along Embarcadero
Road northeast of Highway 101) will be a priority.
Engagement materials will be made available in
multiple languages and the City will ensure that all
public meetings are in locations accessible to all
persons.
Ongoing. Increase public participation rates
amongst City’s underrepresented groups
by at least 20% by the end of the planning
period.
Ongoing Ongoing/Standard
Operations. The City widely
distributes materials for
outreach efforts in multiple
languages.
6.7C Create a website that provides relevant housing
application and processing information to the home
building community.
Complete by June 30, 2024
and update annually.
Support the development of 1,556 units
for very-low income, 896 units for low
income, 1,013 units for moderate income,
and 2,621 above-moderate households
during the planning period.
Ongoing Ongoing/Standard
Operations. Housing
application and processing
information is posted on the
City's website and is
updated regularly.
6.7D Promote general awareness of lower-income housing
availability by providing the location, type, and contact information of housing developments in the City on the
website.
Complete by January 15, 2024
and update annually
Promote availability of lower-income
housing opportunities to lower-income
residents concentrated along Alma Street
and Embarcadero Road northeast of
Highway 101.
Ongoing Ongoing/Standard
Operations. Information
about lower-income housing
developments is posted on
the City's website and
updated regularly.
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2025
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2023-2031 HOUSING ELEMENT PROGRAM IMPLEMENTATION, 2025
Program
# Implementing Objective Time Frame Quantified Objective Current Status 2025 Status
6.7E Develop language accessibility improvements to ensure residents with limited English proficiency have access to housing information.
Complete policy by January
15, 2025 and full
implementation by December
31, 2025.
Promote housing opportunities to limited
English proficiency residents.
In Progress In Progress. Policies have
been developed to expand
language accessibility
improvements for housing
information.
Implementation of these
improvements will continue
in 2026.
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Element Implementation Programs,
2025
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YEAR 01 YEAR 02 YEAR 03 YEAR 04 YEAR 05 YEAR 06 YEAR 07 YEAR 08 YEAR 09 Income Level RHNA Allocation by
Income Level 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units
Permitted by
Income Level
Total
Remaining
RHNA by
Income Level
% of RHNA
Permitted
Deed Restricted 0 16 0 16
Non‐Deed Restricted 0
Deed Restricted 0 25 0 25
Non‐Deed Restricted 0
Deed Restricted 39 8 0 47
Non‐Deed Restricted 0
Deed Restricted 71 0 9 80
Non‐Deed Restricted 0
TOTALS 6,086 271 181 173 625 5,461 10.27%
457 2,164 17.44%
Moderate 1,013 933 7.90%
Above Moderate 2,621 161 132 164
Very Low 778 753 3.21%
Low 896 849 5.25%
2023‐2031 Sixth Housing Element Cycle ‐ Regional Housing Needs Allocation Progress Total Units Permitted by Year
Extremely Low 778 762 2.06%
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: March 2, 2026
Report #:2511-5420
TITLE
Approval of General Service Contract No. C26195719 with Clean Harbors Environmental Services, Inc. in an Amount Not-to-Exceed $1,914,000 to Provide Household Hazardous Waste Management and Emergency Response Services for a Period of Five Years, and Approval of a Budget Amendment in the Refuse Fund; CEQA Status – Negative Declarations Previously Approved
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute Contract No.
C26195719 with Clean Harbors to provide household hazardous waste management and emergency response services for a term of five years and a total not-to-exceed amount of $1,914,000; and
2. Amend the Fiscal Year 2026 Budget Appropriations for the Refuse Fund (requires a 2/3 majority vote) by:
a) Increasing the Hazardous Waste appropriation for contract services by $63,000; and
b) Decreasing the Refuse Fund balance by $63,000.
EXECUTIVE SUMMARY
The City’s Household Hazardous Waste (HHW) program has provided collection of HHW since the 1980s. The program provides weekly collection service events for residential HHW, door-todoor collection for physically-limited residents, collection for qualifying businesses, and offers gently used HHW items for reuse. The contract with Clean Harbors will continue the convenient, safe, and proper collection and disposal of HHW services that the community has come to expect.
BACKGROUND
The City’s HHW program began in 1983 when Palo Alto became the second jurisdiction in the state to provide residential collection of HHW in response to community concerns about toxic wastes in the environment. The objectives of the HHW program are to provide public education Item 6
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on the safe use, storage, disposal, and alternatives to HHW products, and to provide a convenient point of collection to reduce improper disposal of HHW to storm drains, landfill, and the sanitary sewer.
In 1989, AB 939, California’s Integrated Waste Management Act, was enacted which required cities to adopt and submit an HHW Element setting policies, objectives, and programs for collection of HHW in compliance with State mandates. In the early 1990s, the Regional Water Quality Control Plant became a permitted permanent HHW collection facility for residents to use, focusing on the collection and proper disposal of HHW that directly affected wastewater effluent such as photo chemicals, mercury waste, pesticides, and pharmaceuticals. In 2013, the current Household Hazardous Waste Station (HHWS) was constructed. The facility included additional hazardous waste storage lockers and introduced a reuse program to recover gently used HHW items dropped off by residents. Today, the HHWS serves residents at weekly HHW collection events and has one of the highest participation rates in the State at 19.6%.
The City has contracted for HHW management and emergency response services since the 1980s, including the acceptance, handling, transportation, and disposal or recycling of various HHW streams collected from the community. Due to stringent local, State, and Federal hazardous waste regulations, and the nature of the work, the City requires the resources of a qualified and experienced contracting firm to manage, transport, and dispose of HHW from the community. The current contract, C21180050, with Clean Harbors Environmental Services, Inc. (Clean Harbors) expired February 11, 20261 and was amended to extend through March 31, 2026.
ANALYSIS
The City’s HHW program is a long-standing, State-mandated, and essential service to the Palo Alto community, providing public and environmental health benefits. The new recommended five-year contract with Clean Harbors will continue to provide the City with safe and compliant management of HHW and proper staffing of the weekly HHW collection events, and includes the following tasks:
1. Weekly HHW Collection Events: Collection events are conducted every Saturday and the first Friday of each month. During collection events, Palo Alto residents drop off unused, unwanted, or expired household chemicals which are then segregated, packaged, and stored until transported offsite for disposal, recycling, or reuse.
2. HHWS Reuse Zone Program: During collection events, incoming HHW is screened for reusable products, including paint, cleaners, and motor oil that residents can later claim during HHW event hours from the Reuse Zone storage cabinet. 1 City Council, February 8, 2021; Agenda Item #5; SR #11816, https://portal.laserfiche.com/Portal/DocView.aspx?id=91&repo=r-704298fc&searchid=a56e3bda-7464-4c46-b334- 792c3a852112
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3. Door-to-Door HHW Program: To ensure physically-limited residents can dispose of their HHW, the City’s HHW Contractor dispatches personnel to qualified residents’ home to collect and transport waste to the HHWS for proper management.
4. Very Small Quantity Generator Program: Businesses located within the RWQCP service area that generate less than 220 pounds per month of hazardous waste can dispose of their hazardous waste at the HHWS. Businesses must complete paperwork, pay a disposal fee, and set up an appointment through the City’s HHW Contractor.
5. Emergency Response Services: On-call 24-hour emergency response services to assist the City in responding to and cleaning up any hazardous waste spills that occur across the City, as needed.
Solicitation Process
A formal Request For Proposals (RFP) for the HHW management and emergency response services was posted on the City’s eProcurement system on September 17, 2025. The City received five proposals on October 15, 2025, four of which were deemed responsive, as summarized in Table 1.
Table 1: Summary of Solicitation Process:
Proposal Description Household Hazardous Waste Management and Emergency Response Services/RFP195719
Proposed Length of Project 5 years
Total Days to Respond to Proposal 28
Pre-Proposal Meeting None
Pre-Proposal Meeting Date N/A
Number of Proposals Received Five
Number of Proposals Considered Responsive Four
Proposal Price Range $1,860,000 - $3,740,000
A team comprised of three staff from the Public Works Department evaluated the proposals included in Table 2 based on the following criteria: quality and completeness of proposal, effectiveness of proposed solution, experience, cost, financial stability, timely performance, prior record of performance with the City, ability to provide ongoing services, and compliance with applicable regulations.
Table 2: Responsive Proposals Received
Company Name Location (City, State) Proposal Amount
in Years 1 and 2
Proposal Amount Over 5
Years
Advanced Chemical Transport,
LLC (dba ACTenviro)
San Jose, CA $704,000 $3,740,000
Clean Earth Environmental
Solutions, Inc. (dba Clean Earth)
Rancho Cordova, CA $352,000 $1,860,000
Clean Harbors Environmental
Services, Inc. (dba Clean
Harbors)
San Jose, CA $363,000 $1,914,000
Patriot Environmental Services Richmond, CA $517,000 $2,740,000 Item 6
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Following a comprehensive evaluation, Clean Harbors received the highest aggregate score and was selected because of the quality and completeness of their proposal, quality and effectiveness of their services, the experience of their field staff, prior record of performance with the City, and their knowledge of hazardous waste regulation compliance. Clean Harbors’ proposal included continued free access to a robust online portal where staff can manage and create hazardous waste profiles, track all hazardous waste shipped offsite, and generate certificates of disposal and various reports. The City currently uses and will continue to benefit from this tool. Additionally, Clean Harbors owns and operates over 50 permitted treatment, storage, and disposal facilities across the United States with the nearest facility located in San Jose, California. The City will continue to benefit from Clean Harbors’ direct ownership of these sites and their ability to use local processing and disposal facilities where possible. The services proposed by Clean Harbors for HHW management, their record of safe and efficient management of the City’s HHW program, and their close attention to State and Federal regulations ensure that the Palo Alto community will continue to receive the high-quality service that they have come to expect and value, and the City will receive the best service for the cost. The selection of Clean Harbors, who holds the current HHW management contract, also ensures a smooth transition into the next contract without interruption of services.
The costs for the new contract were calculated based on the collection and disposal needs from calendar years 2024 and 2025, which are considered representative of future programs and services, and include an estimated Consumer Price Index (CPI) increase3 of five percent for contract years three through five. The funding needs for the new contract are higher at an additional $63,000 for the first two years than the current contract, and will increase with CPI in subsequent years. Although this is higher than the current annual contract, the last RFP was conducted in 2020, and costs have since increased considerably for labor, supplies, and general cost of living expenses. Clean Harbors’ proposal was the second lowest cost proposal received through the current solicitation, with proposed labor, transportation, and disposal rates increasing only by CPI in later years. Additionally, through negotiations, Clean Harbors further reduced some of their proposed rates for certain waste streams, such as vaping devices and toxic solids, and reduced their emergency service rates by approximately 12%.
FISCAL/RESOURCE IMPACT
Partial funding for the first year of the new contract is available in the Fiscal Year 2026 Adopted Operating Budget for the Refuse Fund. To fully fund the first year of the contract, staff recommends amending the Fiscal Year 2026 Adopted Operating Budget for the Refuse Fund by appropriating $63,000 from fund balance. Appropriations for subsequent contract years will be 3 CPI increases in contract years three, four, and five will be determined by the U.S. Bureau of Labor Statistics.
Percentage increase will be equal to the change in the CPI for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose area, published most immediately preceding the commencement of the applicable contract year and not to exceed five percent.
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determined through the annual budget development process and are subject to Council approval. Table 3 summarizes the contract costs.
Table 3: Summary of Contract Costs for Contract No. C26195719 with Clean Harbors Contract Year Annual Cost
Year 1 $363,000
Year 2 $363,000
Year 3 $374,000
Year 4 $396,000
Year 5 $418,000
Total Contract Not-to-Exceed Amount for 5-Year Term $1,914,000
STAKEHOLDER ENGAGEMENT
This contract is a continuation of existing HHW program services and engagement focused on the procurement process to engage potential proposers.
ENVIRONMENTAL REVIEW
The HHW program was reviewed in the negative declaration issued for the Source Reduction and Recycling Element and Household Hazardous Waste Element5 which were approved and adopted by the City Council on June 6, 1991 (Negative Declaration No. 91-EIA-12). The Very Small Quantity Generator (previously called CESQG) program was reviewed in the negative declaration for the implementation of the program, which was approved and adopted by Council on June 24, 1993 (Negative Declaration No. 93-EIA-22).
ATTACHMENTS
Attachment A: Partially Executed Contract with Clean Harbors, Contract #C26195719 APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
5 Household Hazardous Waste Element: IWM-HHW-Element-City-of-Palo-Alto-Jun-1991.pdf Item 6
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CITY of Palo Alto General Services Agreement 1 Rev. April 9, 2025 CITY OF PALO ALTO CONTRACT NO. C26195719
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 1st day of April, 2026, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Clean Harbors Environmental Services, Inc., a Massachusetts Corporation, located at 42 Longwater Drive, Norwell, MA 02061, Telephone Number: 408-451-5000 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section
5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” - Scope of Services
“A-1” – On-Call Task Order (Optional)
“B” - Schedule of Performance
“C” – Schedule of Fees
“C-1” – Program Fee Schedule
“C-2” – Regional Rate Sheet
“C-3” – Emergency Response Rate Sheet
“D” - Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
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#C26195719
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CITY of Palo Alto General Services Agreement 2 Rev. April 9, 2025
3. TERM. The term of this Agreement is from April 1, 2026 to March 31, 2031 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:
The total maximum lump sum compensation of dollars ($ ); OR
The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR
A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of One Million Nine Hundred Fourteen Thousand Dollars ($1,914,000.00).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR
CONTRACTOR’S compensation rates shall be firm for the first two years of the Agreement, and thereafter adjusted annually effective on the commencement of each successive contract year. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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#C26195719
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CITY of Palo Alto General Services Agreement 3 Rev. April 9, 2025 immediately preceding the commencement of the applicable successive contract year, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring contract year. Notwithstanding the foregoing, in no event shall CONTRACTOR’S compensation rates be increased by an amount exceeding five percent (5%) of the rates effective during the immediately preceding contract year during the term. Any adjustment to CONTRACTOR’S compensation rates shall be reflected in a written amendment to this Agreement.
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works Projects”.
This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix __, attached hereto and incorporated herein.
OR
This project is not a 9204 Public Works Project.
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Hannah Towne, Public Works Department, Environmental Services Division, 3201 East Bayshore Road, Palo Alto, CA 94303 Telephone: (650)329- 2669. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits.
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CITY of Palo Alto General Services Agreement 4 Rev. April 9, 2025 B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the CITY, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the CITY of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
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CITY of Palo Alto General Services Agreement 5 Rev. April 9, 2025 H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the CITY Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared specifically for the purpose of performance of the Services this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the CITY Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement.
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CITY of Palo Alto General Services Agreement 6 Rev. April 9, 2025 M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the CITY of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement.
CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 7 Rev. April 9, 2025 indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.
R. TERMINATION. The CITY Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the CITY Manager may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the CITY Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, for the specific purposes of performance of the Services under this Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY.
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CITY of Palo Alto General Services Agreement 8 Rev. April 9, 2025 T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written.
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the CITY of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be doublesided and printed on a minimum of 30% or greater post-consumer content Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 9 Rev. April 9, 2025 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.
• Goods purchased by CONTRACTOR on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
• Reusable/returnable pallets shall be taken back by CONTRACTOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Z. PREVAILING WAGES
This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000.
OR
CONTRACTOR is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the CITY Council 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 Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the CITY of Palo Alto. CONTRACTOR shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of all sections, including, but not limited to, Sections Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 10 Rev. April 9, 2025 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
AA.DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.
CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854.
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 CONTRACTOR is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR.
CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:
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 listed subcontractors, in connection with the Project.
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 listed subcontractors, respectively.
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CITY of Palo Alto General Services Agreement 11 Rev. April 9, 2025 At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed 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.
Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, CITY and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.
BB.CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.
[SIGNATURES SET FORTH ON THE FOLLOWING PAGE]
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CITY of Palo Alto General Services Agreement 12 Rev. April 9, 2025 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC.
_________________________ By________________________________ CITY Manager or Designee
Name _____________________________
Approved as to form: Title_______________________________
___________________________
CITY Attorney or Designee
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Senior Vice President
Marc McReynolds
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CITY of Palo Alto General Services Agreement 13 Rev. April 9, 2025
EXHIBIT A
SCOPE OF SERVICES
CITY owns a permanent Household Hazardous Waste (HHW) Station located at 2501 Embarcadero Way, Palo Alto, CA 94303. The HHW Station is open to residents every Saturday from 9:00 am – 11:00 am and the first Friday of every month from 3:00 pm – 5:00 pm.
CONTRACTOR shall operate and manage the HHW Station collection events, the Very Small Quantity Generator (VSQG) program, the Door-to-Door HHW pickup for physically limited residents, and the Reuse Zone for a five-year term. Services will include providing staff, equipment, supplies, traffic cones and signage (CITY will provide additional signage), consolidation, packaging, segregating, storing, transporting, and disposing and/or recycling of HHW. HHW shall be stored onsite pending disposal, and CONTRACTOR shall manage the waste disposal pick-ups in a manner that is safe and cost-effective for CITY.
CONTRACTOR shall provide 24-hour hazardous waste emergency spill response services on an as-needed basis.
SCOPE OF WORK
a. General Requirements and Provisions
i. CONTRACTOR shall operate and manage the CITY’s HHW Station collection events, Very Small Quantity Generator (VSQG) program, door-to-door HHW pickups, including all HHW collected through those events and programs; provide equipment and materials for event setup; provide staff and materials to place signage and cones; and collect, segregate, pack, and store HHW at the HHW Station. CONTRACTOR shall also provide 24-hour hazardous waste emergency spill response services on an as-needed-basis. ii. CONTRACTOR shall collect and package all HHW, universal wastes, and hazardous waste for transportation to state and federal approved Treatment, Storage, and Disposal Facilities (TSDFs) and for shipping or transporting to current and future extended producer responsibility (EPR) programs which provide disposal of HHW (Examples: PaintCare, Call2Recycle, and Thermostat
Recycling Corporation). CONTRACTOR shall perform all services related to this scope of work in compliance with all applicable laws, permits and regulations including but not limited to: Title 22 of the California Code of Regulations (CCR), Palo Alto’s Permanent Facility Permit and Permit by Rule conditions, applicable California Health and Safety Code requirements, CCR Title 8 (Cal OSHA) and Code of Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 14 Rev. April 9, 2025 Federal Regulations Title 49 (DOT) sections as well as any other federal, state or local regulations relating to HHW collection, transportation and disposal activities.
iii. CONTRACTOR shall designate a Project Coordinator to act as a contact for the coordination and execution of CONTRACTOR's activities. CONTRACTOR's Project Coordinator shall be authorized to act on behalf of CONTRACTOR in all matters pertaining to the contract and will have sufficient knowledge of all aspects of CONTRACTOR's business and the requirements of this contract.
Any changes to Project Coordinator shall be requested in writing and subject to approval by CITY’s Project Manager.
iv. CONTRACTOR shall collect and manage HHW for the various HHW programs, transport HHW, and manage the disposal of HHW. Upon CONTRACTOR's acceptance of wastes identified for removal, transportation, management and disposal under this contract, CONTRACTOR shall undertake title to, and ownership of, including risk of loss and all other incidents of ownership of such wastes except where the generator is responsible by law.
v. CONTRACTOR shall be responsible for preparing and maintaining any and all necessary plans, licenses or other mandatory documents as required by federal, state or local laws, regulations, and ordinances, including but not limited to, health and safety plans, contingency plans and site operations plans. CONTRACTOR shall provide to CITY copies of all plans, licenses or other mandatory documents prepared for the operation of the CITY’s HHW Programs prior to beginning any work.
vi. CONTRACTOR shall package, consolidate, store and transport offsite the following HHW when accumulation limits have been reached or when necessary:
1. HHW collected by CONTRACTOR during the HHW Station
collection events for residential program;
2. Hazardous waste collected by CONTRACTOR from VSQGs;
3. HHW collected by CONTRACTOR from the door to door
program.
vii. CONTRACTOR shall provide copies of transportation documents such as but not limited to uniform hazardous waste manifests, nonhazardous waste manifest, bills of lading, land disposal restrictions, certificates of destruction, closed copies of documents listed Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 15 Rev. April 9, 2025 above, and 303 Summary Reports (waste quantities with
management methods), for any hazardous waste shipped to a TSDF or EPR associated entity for proper disposal or recycling. viii. Under these HHW programs, CONTRACTOR shall collect from CITY residents and VSQGs all HHW, with the exception of:
1. Electronic waste (without embedded batteries)
2. Radioactive wastes
3. Infectious waste and bio-hazardous wastes (containing body tissues or fluids)
4. Controlled substances
5. Explosive wastes
6. Marine flares
7. Fireworks
8. Ammunition
9. Large gas cylinders (larger than 5 gallons)
10. Other gas cylinders not listed as acceptable*
* Generally acceptable gas cylinders include propane
(small, BBQ size), MAPP, isobutane/propane, butane,
helium, nitrous oxide, and refrigerants (Freon).
In the event that any of the above prohibited HHW items are accepted by CONTRACTOR without prior CITY approval, disposal costs will be the sole responsibility of CONTRACTOR and CONTRACTOR shall properly dispose of these items within the required regulatory timelines, or, immediately for the waste that does not have compliant on-site storage.
HHW accepted under these programs may be subject to change at CITY’s discretion.
ix. All personnel handling hazardous waste shall be trained in hazardous waste management and have the training as specified in 22 CCR 66264.16, including the use of personal protective safety equipment, and emergency response equipment and procedures as required under applicable state and federal laws and regulations.
x. CONTRACTOR shall use the CITY’s permanent EPA Generator Identification Number for the manifesting of wastes collected under all HHW Programs. For emergency spill cleanup services at sites without an existing EPA Generator Identification Number, CONTRACTOR shall use the Santa Clara County Temporary EPA Generator Identification Number.
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CITY of Palo Alto General Services Agreement 16 Rev. April 9, 2025 b. Documentation
i. CONTRACTOR shall prepare, provide and maintain all
documentation, certificates and records as required by applicable federal, state and local laws and regulations and the CITY. All documentation shall be filled out clearly, correctly and legibly.
Documentation submittals for all work shall include but not be limited to:
1. bills of lading or non-hazardous waste manifests
2. hazardous waste manifests and continuation sheets
3. labpack inventory sheets
4. land disposal restriction notifications
5. hazardous waste profiles
6. certificates of destruction, decontamination, disposal and/or recycling
7. monthly and annual CalRecycle 303 forms as requested
8. inventory of items moved to reuse cabinet
9. event summary reports.
ii. Copies of the documentation listed above as well as any other documents required by the CITY's Project Manager shall be furnished to the CITY's Project Manager at the time of waste shipment or within 10 working days. Copies of any manifest attachments shall be provided to the CITY’s Project Manager at the time of transport of waste.
iii. CONTRACTOR shall furnish to the CITY’s Project Manager closed originals of all uniform hazardous (and non-hazardous) waste manifests signed by a duly authorized representative of the receiving TSDF within thirty (30) calendar days of waste shipment. iv. CONTRACTOR will, at all times during the transportation, storage, and disposal of wastes know the location, condition and status of each item being managed. CONTRACTOR shall make such
information available in written progress reports to the CITY's Project Manager upon request. The progress reports shall include a listing of items removed, referenced by an appropriate identification number and uniform hazardous waste manifest number and a description of the location and status of wastes on date of the written progress report.
v. CONTRACTOR shall indicate “Emergency Response” on all relevant documents, including manifests, for any transportation or disposal Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 17 Rev. April 9, 2025 in connection with hazardous waste emergency response services for incidents occurring within the jurisdictional borders of the CITY.
CONTRACTOR shall also include on the manifest a relevant address of the spill location.
vi. If required by CITY’s Project Manager, following each waste removal or when waste is shipped to the appropriate TSDF, CONTRACTOR shall provide summary reports listing and sorted by hazardous waste manifest number and by DOT hazard class, and will include the following information for each drum collected:
1. name of HHW (e.g. Flammable Liquids);
2. unique drum ID number;
3. container type/size, quantity;
4. estimated actual quantity of wastes (in pounds exclusive of container and absorbent for solids and gallons for liquids); and
5. TSDF profile number (if applicable);
6. subtotals of the number of drums and weight/volume of wastes for each manifest;
7. DOT hazard class and the total number of drums; and
8. weight/volume of wastes for all hazard classes.
vii. If required by the CITY’s Project Manager, CONTRACTOR shall provide the CalRecycle Form 303 (waste quantities with
management methods used) collected for each of the HHW
programs (residential permanent facility events, VSQG program, door to door collection program) for each fiscal year during the term of the Agreement. CONTRACTOR shall provide the completed Form 303 covering the previous FY (July 1 through June 30) to the CITY no later than 45 days prior to the due date of Form 303 to the State. The CITY will prepare and submit the official CITY of Palo Alto HHW Program CalRecycle 303 forms.
c. Spill Prevention and Clean Up
i. CONTRACTOR shall use appropriate methods, equipment and practices required by all federal, state and local laws and regulations as well as industry recommended and approved methods, equipment and practices to ensure that no discharges, releases, spills or leakage occurs during the packaging, loading, transportation, storage and disposal of wastes to be managed under this Agreement. In the event of an accidental spill (by or from a resident, CITY staff, or CONTRACTOR) CONTRACTOR is Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 18 Rev. April 9, 2025 responsible for having supplies (brushes, absorbent, cleaners, small pressure washer, etc.,) on site to properly clean up and manage the spill.
ii. In the event of a discharge, release, spill or leakage of hazardous wastes during packaging, loading, transportation, storage or disposal of wastes to be managed under this Agreement,
CONTRACTOR shall take appropriate and immediate action to protect human health and the environment. CONTRACTOR shall, at no expense to the CITY, be fully responsible for, and take appropriate and immediate action to remediate and clean-up any such discharge, release, spill or leakage in accordance with all applicable federal, state and local laws and regulations. For small spills CONTRACTOR shall be responsible for having supplies (brushes, absorbent, cleaners, small pressure washer, etc.,) on site to remediate and clean-up any such discharge, release, spill, or leakage.
iii. If during loading and transportation on CITY property, there is a discharge, release, spill, or leak of hazardous waste CITY will direct the actions taken. CONTRACTOR shall compensate the CITY for any costs incurred for response to any discharge, release, spill or leakage of hazardous wastes occurring on CITY property during loading, packaging and/or transportation activities caused by CONTRACTOR negligence.
iv. CONTRACTOR shall immediately notify the CITY's Project Manager in person or by telephone should any accident or incident occur which results in any discharge, release, spill or leakage which involves any wastes to be managed under this Agreement.
CONTRACTOR shall make all notifications and reporting to the appropriate regulatory or emergency response agencies as required under federal, state and local laws and regulations in the event of a discharge, release, spill or leakage of hazardous wastes during transportation, storage or disposal of wastes to be managed under this Agreement.
v. If requested by the CITY, CONTRACTOR shall furnish the CITY's Project Manager with a detailed written report describing any discharge, release, spill or leakage of hazardous wastes during transportation, storage or disposal of wastes to be managed under this Agreement that required notification to the CITY or any federal, state and local regulatory or emergency response agency Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 19 Rev. April 9, 2025 within 5 days.
vi. The HHW drop-off events take place outdoors. CONTRACTOR shall protect the collection area from any runoff of residual materials from garbage bins, collection area, or spills. CONTRACTOR shall develop a plan to use for inclement weather to protect against any runoff of HHW materials from garbage bins, the collection area, or accidental spills and include the procedures in the HHWS’s Operations Plan.
d. HHW Station Collection Events
The CITY’s HHW Station collection events are permitted under a Permanent Household Hazardous Waste Collection Facility Permit (PHHWFP). The events are held at 2501 Embarcadero Way, Palo Alto every Saturday from 9:00 a.m. to 11:00 a.m. and on the first Friday of the month from 3:00 to 5:00 p.m. (excluding holidays to be confirmed by the CITY’s Project Manager).
i. CONTRACTOR shall staff and operate the HHW Station collection.
CONTRACTOR shall be responsible for:
1. Event preparation;
2. Tear down and clean-up in accordance with Title 22
regulations, as amended, in accordance with federal, state, and local laws and regulations;
3. Provide all staff, labor, materials, tools and equipment for handling, identification, profiling, packaging, labeling, marking, placarding, manifesting, loading, transportation, and final disposal of collected hazardous wastes.
4. Supply sufficient traffic cones to identify entrance lane at the entrance to the HHW Station at the end of Embarcadero Way. CITY will provide guidance as to where CONTRACTOR
staff are to place the cones.
5. Thoroughly screen all incoming HHW items prior to
acceptance. CONTRACTOR shall not accept prohibited items listed in Section a. viii. of this Scope.
ii. Conduct all activities and operate collection events in accordance with all applicable federal, state and local laws and regulations, and the health and safety, contingency and operation plans prepared by CONTRACTOR and approved by CITY’s Project Manager.
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CITY of Palo Alto General Services Agreement 20 Rev. April 9, 2025 CONTRACTOR shall staff the collection events with personnel in sufficient numbers and expertise and provide the list of scheduled personnel, including any changes to the routine assigned staff, to the CITY’s Project Manager one week in advance. As a standard, unless modified by CITY, CONTRACTOR shall provide a total of 8 staff for Saturday events and 5 staff for first Friday events. Additional staff will require prior authorization from CITY’s Project Manager. The CITY reserves the right to increase, decrease or modify the number of staff as may be deemed necessary or expedient by the CITY’s Project Manager.
Staffing requirements are outlined as follows:
Staffing for Saturday Events:
▪ One (1) Project Manager qualified under CONTRACTOR’S standards with appropriate credentials and experience to oversee all activities and safety during each weekly event (including Friday events). The Project Manager shall be directly responsible for CONTRACTOR’s activities at each event. The Project Manager shall be on site for the duration of the event. If during the course of the term of the contract, CONTRACTOR decides to change or replace the Project Manager, CONTRACTOR shall notify CITY’s Project Manager in writing and the new Project Manager shall meet with City staff in person before the next scheduled HHW event.
▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide one (1) chemist with credentials and certifications to satisfy all applicable federal, state and local laws and regulations governing training for handling, identification, profiling, segregating, packaging, labeling, marking, placarding, manifesting, and transporting of hazardous wastes. These individuals will be qualified under CONTRACTOR’s standards and on-site for the duration of the events. ▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide four (4) technicians for performing the duties under the direction of the Project Manager and site chemists, including, but not limited to, screening each load of HHW for prohibited items, vehicle unloading and hazardous wastes handling, segregating, packaging, labeling, marking, placarding, and manifesting. Technicians shall have the appropriate level of training, for the duties they are to perform, as required by applicable federal, state and local laws.
▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide one (1) “reuse“ technician for the Saturday event for performing the following duties, including, but not limited to:
• segregating reuseable household products collected during the HHW collection event;
• ensuring the products meet the City of Palo Alto’s Quality Assurance Plan criteria;
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 25 Packet Pg. 348 of 711
CITY of Palo Alto General Services Agreement 21 Rev. April 9, 2025 • cleaning product containers;
• checking the reusable items active ingredients against CITY’s banned chemicals list;
• adding the products to the reuse cabinets;
• maintaining the Reuse Zone shed and path in a clean and tidy manner;
• organizing chemicals inside the reuse sheds by type or use; • weighing and inventorying the items placed in the shed; • communicating to the chemist and technicians the product needs; and,
• assisting residents with reuse as needed.
▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide one (1) survey taker for the Saturday event for performing the following duties, including, but not limited to:
• verifying participants' residence status;
• gathering survey information (forms provided by CITY); • answering questions and distributing educational CITY provided literature;
• providing traffic control; and
• preventing walk-in access to the event.
Survey takers shall wear appropriate safety equipment including safety vests while working and shall be on site for the public drop-off hours for each event.
Staffing for Friday Events:
▪ One (1) Project Manager with appropriate credentials and experience to oversee all activities and safety during each event. The Project Manager shall have the same expertise and functional responsibilities as required by the Project Manager for the Saturday event, but shall also serve as a public liaison if required. Public liaison role includes being knowledgeable of local solid waste recycling and disposal options for CITY residents. CITY will provide relevant information to the Project Manager.
▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide one (1) chemist with credentials and certifications to satisfy all applicable federal, state and local laws and regulations. The chemist shall have credentials and certifications to satisfy all applicable federal, state and local laws and regulations governing training for handling, identification, profiling, segregating, packaging, labeling, marking, placarding, manifesting, and transporting of hazardous wastes.
These individuals shall have as a minimum, the equivalent of a Bachelor's degree in chemistry and three years of experience in hazardous wastes. The chemists shall Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 22 Rev. April 9, 2025 be on site for the duration of the events.
▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide one (1) technician for performing the duties under the direction of the Project Manager and the Chemist. The technicians shall have expertise in the following activities, including, but not limited to, vehicle unloading and hazardous wastes handling, segregating, packaging, labeling, marking, placarding, and manifesting.
Technicians will have the appropriate level of training, for the duties they are to perform, as required by applicable federal, state and local laws. ▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide one (1) “reuse“ technician for the Saturday event for performing the following duties, including, but not limited to:
• segregating reuseable household products collected during the HHW collection event;
• ensuring the products meet the City of Palo Alto’s Quality Assurance Plan criteria;
• cleaning product containers;
• checking the reusable items active ingredients against the City of Palo Alto’s banned chemicals list;
• adding the products to the reuse cabinets;
• maintaining the Reuse Zone shed and path in a clean and tidy manner;
• organizing chemicals inside the reuse sheds by type or use; • weighing and inventorying the items placed in the shed; • communicating to the chemist and technicians the product needs; and,
• assisting residents with reuse as needed.
▪ Unless approved by CITY’s Project Manager, CONTRACTOR shall provide one (1) survey taker for the Friday event for performing the following duties, including, but not limited to:
• verifying participants' residence status;
• gathering survey information (forms provided by the City); • answering questions and distributing educational City provided literature;
• providing traffic control; and
• preventing walk-in access to the event.
Survey takers shall wear appropriate safety equipment including safety vests while working and shall be on site for the public drop-off hours for each event.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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#C26195719
Item 6: Staff Report Pg. 27 Packet Pg. 350 of 711
CITY of Palo Alto General Services Agreement 23 Rev. April 9, 2025 iii. During the collection events CONTRACTOR shall recycle all clean containers, boxes, and other materials to the extent possible and place them into the recycling bin. CITY’s Zero Waste Staff will provide training to the Site Supervisor on what materials can be recycled. The Site Supervisor shall be responsible for training their staff on what materials can be recycled.
iv. For each scheduled event, CITY will provide the following:
1. HHW program advertisement;
2. additional signage;
3. survey forms;
4. literature for survey takers to distribute to event
participants; and
5. debris bins for disposal of recyclables and non-hazardous wastes.
e. HHW Reuse Zone
i. CONTRACTOR shall recover incoming HHW that CITY deems reusable and add those materials to the HHW Reuse Zone cabinet. ii. CONTRACTOR shall assign one appropriately trained staff per event to fulfill the “reuse” technician responsibilities outlined in section d above.
iii. As needed and as directed by CITY’s Project Manager, CONTRACTOR shall remove Reuse Zone items that are no longer in good condition, record and maintain weights of any HHW items removed, and clean Reuse Zone shelves and secondary
containment.
f. PaintCare Program
CONTRACTOR shall collect, segregate, store, and dispose of approved paints and paint-related products through PaintCare at no cost to CITY. i. CONTRACTOR is responsible for obtaining an agreement with PaintCare to have paint and paint-related items managed through the PaintCare Program.
ii. CONTRACTOR shall arrange with PaintCare to collect, store, manage, and have disposed of approved paint related items. iii. CONTRACTOR shall furnish and maintain at least a 30 cubic yard roll off bin or other bin approved by the CITY to store approved PaintCare related items. The bin shall meet the following Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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CITY of Palo Alto General Services Agreement 24 Rev. April 9, 2025 specifications: be in good physical condition, fully weather-sealed, and leak proof. Prior to the bin reaching capacity CONTRACTOR shall arrange for the bin to be emptied or replaced with a new empty bin.
iv. The cost of managing, transporting, and recycling PaintCare related products shall not be charged to CITY.
v. CONTRACTOR may transport the waste or may use an approved PaintCare transporter. CITY will not be charged any fees associated with managing eligible PaintCare related items.
g. Call2Recycle (Battery Take Back Program)
CONTRACTOR shall use Call2Recycle to dispose of rechargeable batteries.
Batteries accepted by Call2Recycle include lithium rechargeables, nickel cadmium, nickel metal halide, nickel zinc, and small sealed lead acid (gel cell).
i. CONTRACTOR shall follow the requirements of Call2Recycle for sorting, packaging, and sending batteries to Call2Recycle. ii. CONTRACTOR shall setup an account with Call2Recycle or use an existing CITY account to recycle batteries.
iii. CONTRACTOR shall not charge the CITY for shipping costs for approved Call2Recycle batteries.
In the event that upcoming Extended Producer Responsibility (EPR) Statewide legislation passes during the term of the agreement, CONTRACTOR shall dispose of approved and covered HHW products through the EPR program at no cost to CITY.
h. Very Small Quantity Generator Program
CITY accepts, at the HHW Station, hazardous waste from businesses that generate less than 220 pounds of hazardous waste, or less than 2.2 pounds of extremely hazardous waste, per month. These businesses are known as Very Small Quantity Generators (VSQG). The business must be located in the Palo Alto Regional Water Quality Control Plant (PARWQCP) service area. The participating Cities include Palo Alto, Mountain View, Stanford, East Palo Alto, Los Altos, and Los Altos Hills. CONTRACTOR shall operate and be responsible for the VSQG Program, under which it shall provide for the appropriate handling, packaging, transportation, and disposal of hazardous wastes generated by VSQGs in the PARWQCP service area.
Collection of VSQG hazardous waste generally occurs after 11:00am on Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 25 Rev. April 9, 2025 Saturday’s or at a time agreed upon by CITY.
i. CONTRACTOR shall permit participating and qualified businesses to deliver wastes by appointment with CONTRACTOR to the HHW Station.
1. CONTRACTOR shall verify the VSQG business status, waste type and waste quantities generated.
2. CONTRACTOR is responsible for obtaining the business name, address, and phone number of each participating
VSQG through collection and management of
CONTRACTOR’s VSQG Data Sheet & Waiver form.
ii. CONTRACTOR shall provide an appointment system for signing up VSQGs. As part of the appointment system CONTRACTOR shall at a minimum provide:
1. information and assistance to the VSQG.
2. a toll free telephone number and email dedicated to the Palo Alto VSQG appointments.
iii. CONTRACTOR shall properly manage any VSQG wastes.
iv. CONTRACTOR shall check the Palo Alto VSQG voicemail and email accounts on a daily basis and respond to all inquiries from VSQGs within two business days.
v. VSQG waste shall be combined with the permanent HHW Station program’s waste to minimize the number of containers
transported for disposal.
vi. CONTRACTOR shall set up a payment system for VSQGs.
CONTRACTOR is authorized to collect fees on a cost-recovery basis for services rendered at the time of delivery of the wastes to the HHW Station. CONTRACTOR shall be solely responsible for recovering all VSQG Program fees and costs from the Program participants.
1. CONTRACTOR shall consolidate VSQG waste with other
HHW Program waste and provide CITY reimbursement for
the amount charged to the VSQG on the monthly invoice
that the VSQG appointment occurred.
vii. CONTRACTOR shall be solely responsible to maintain all records required by local, state, and federal laws, ordinances, and regulations.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 30 Packet Pg. 353 of 711
CITY of Palo Alto General Services Agreement 26 Rev. April 9, 2025
1. CONTRACTOR shall provide separate Form 303 for VSQG
program for the fiscal years the contract is in effect.
2. CONTRACTOR is responsible for providing the business hazardous waste generator identification numbers and
permits (as applicable).
3. CONTRACTOR shall provide a copy of the fees charged and collected including copies of proof of payment (i.e. checks, visa, cash).
4. CONTRACTOR shall provide all state and federal land
disposal restriction notification forms for hazardous waste subject to land disposal restrictions.
5. CONTRACTOR shall provide hazardous waste profiles
required by TSDFs and other waste/recycling facilities; and
6. CONTRACTOR shall provide all bills of lading for nonhazardous wastes collected and managed through the VSQG Program.
viii. CONTRACTOR shall retain all VSQG records and make available for inspection, review, and audit by representatives of the PARWQCP jurisdiction during normal business hours throughout the term of the Agreement for a period of three (3) years following the expiration or termination of the Agreement for any reason. ix. CONTRACTOR shall provide a monthly event summary report and submit to the CITY’s Project Manager within one (1) week after each VSQG Program collection event. Each report shall include, at a minimum, the following:
1. VSQG contact information.
2. Copy of all payment records from the VSQG to
CONTRACTOR.
3. Type, amount, and quantity of waste accepted for disposal. x. CONTRACTOR shall be responsible for preparing and maintaining any and all necessary plans, licenses or other mandatory documents required for the VSQG Program by regulatory agencies, federal, state or local laws, ordinances or regulations, including but not limited to, health and safety plans, contingency plans and site operations plans. CITY shall provide such reasonable assistance to CONTRACTOR as it may request. CONTRACTOR shall provide to the Project Manager copies of all plans, licenses or other mandatory documents prepared for the operation of the VSQG Program. xi. CONTRACTOR shall solely assume:
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 31 Packet Pg. 354 of 711
CITY of Palo Alto General Services Agreement 27 Rev. April 9, 2025
1. Responsibility for transporting of, including arranging for transportation of all wastes managed under the VSQG
Program hereunder;
2. Arranger status for the disposal of all wastes collected and managed under the VSQG Program hereunder; and
3. Operator status for all wastes collected and managed through the VSQG Program hereunder.
CITY expressly disclaims any responsibility or liability for tracking of participating businesses, including waste quantities and types.
To the extent permitted by law, CITY disclaims any responsibility, liability, or status in connection with the VSQG Program under the Agreement. CITY assumes no title to nor ownership of the wastes collected, transported, recycled or disposed of through the VSQG Program. CITY will not be deemed a transporter, disposer, operator or generator for, such wastes collected and managed under the VSQG Program except as may be established by law. In addition, CITY disclaims any responsibility or liability for arrangement of delivery, collection, transportation, recycling or disposal of such wastes collected and managed under the VSQG Program hereunder.
i. Door-To-Door Collection for Residents with Physical Limitations in Palo Alto
CONTRACTOR shall operate CITY’s door to door collection program for residents with physical limitations. The service generally operates on the first Saturday collection event days (alternate times and days may be arranged upon approval from CITY’s Project Manager) and services those individuals such as seniors and physically limited residents who may have difficulty attending the HHW collection events due to medical reasons.
CITY staff will ensure residents are eligible for the program and will route the contact information to CONTRACTOR. CONTRACTOR shall contact the residents and schedule an appointment to collect the waste. All HHW collected from the physically limited residents shall be combined with and stored at the permanent facility. CONTRACTOR shall document the waste types and quantities collected for each pickup and submit to CITY’s Project Manager within 5 business days.
j. 24-Hour Emergency Response Services
In the event of a hazardous materials or waste incident (abandoned waste, spill, leak, etc.) that requires services beyond those CITY is capable of providing internally, CONTRACTOR shall provide emergency response services. CONTRACTOR’s contact information can be obtained from the Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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#C26195719
Item 6: Staff Report Pg. 32 Packet Pg. 355 of 711
CITY of Palo Alto General Services Agreement 28 Rev. April 9, 2025 CITY’s Project Manager. CONTRACTOR shall provide the following services:
i. Upon notification from CITY, CONTRACTOR shall respond within 4 hours of notification.
ii. CONTRACTOR shall furnish a vacuum tanker services or a miniguzzler vacuum service for pumping of underground tanks and utility vaults (may involve PCB contaminated wastes).
iii. CONTRACTOR shall furnish personnel and materials and/or equipment for waste containment.
iv. CONTRACTOR shall provide spill clean-up and site
decontamination.
v. CONTRACTOR shall provide as needed Hazcat identification of unknowns.
vi. CONTRACTOR shall package, transport, and dispose of any hazardous waste.
vii. CONTRACTOR shall provide proper shipping documents such as hazardous waste manifest, bill of lading, or non-hazardous waste manifest.
viii. CONTRACTOR shall provide to CITY’s Project Manager 24-hour emergency contact telephone numbers and notification
procedures for requesting emergency response services. Upon notification by the Project Manager or their designee,
CONTRACTOR shall mobilize appropriate personnel, materials and equipment to respond to incidents to provide emergency response services. Waste collected during the emergency response shall be immediately disposed by CONTRACTOR.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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#C26195719
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CITY of Palo Alto General Services Agreement 29 Rev. April 9, 2025
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services as needed by CITY during the five-year contract term in accordance with the Scope of Services set forth in Exhibit A.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 34 Packet Pg. 357 of 711
CITY of Palo Alto General Services Agreement 30 Rev. April 9, 2025
EXHIBIT C
SCHEDULE OF FEES
CHOOSE ONE OF THE FOLLOWING TYPES OF STANDARD COMPENSATION LANGUAGE
AND MODIFY AS NECESSARY
ALTERNATIVE 1. Compensation based upon deliverables
CITY shall compensate CONTRACTOR for performance of the Services according to the following schedule, with the maximum amount of compensation not to exceed the amount stated in Sections 5 and 6 of this Agreement:
PHASE OF PROJECT DELIVERABLE % OF
TOTAL
AMOUNT
(INCLUDING
REIMBURSABLES
1. PHASE ONE
2. PHASE TWO
3. PHASE THREE
4. ACCEPTANCE TEST
TOTAL 100%
All Payments are based upon CITY’s acceptance of CONTRACTOR’s performance of the phase as evidenced by successful completion of the Deliverable for that Phase. CITY shall have no obligation to pay unless CONTRACTOR has successfully completed and CITY has approved the Project Phase for which payment is due.
The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts stated in Sections 5 and 6 of the Agreement. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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#C26195719
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CITY of Palo Alto General Services Agreement 31 Rev. April 9, 2025 ALTERNATIVE 2. Compensation based upon task
CONTRACTOR shall perform the tasks as described and budgeted below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for the Services including reimbursable expenses, does not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
DESCRIPTION OF TASK NOT TO EXCEED COMPENSATION PER TASK
INCLUDING REIMBURSABLES
Task 1 $
( )
Task 2 $
( )
Task 3 $
( )
Task 4 $
( )
Task 5 $
( )
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 36 Packet Pg. 359 of 711
CITY of Palo Alto General Services Agreement 32 Rev. April 9, 2025 ALTERNATIVE 3. Compensation based upon fee schedule
CITY shall pay CONTRACTOR according to the following rate schedules. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Section 5 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
The fee schedules attached hereto in Exhibit C-1 and C-2 shall apply during the first two years of the term of the Agreement. Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the 3rd year, as follows: Each unit price, hourly rates, and fee, as set forth the attached fee schedule, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI), published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year.
Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year.
CONTRACTOR shall be solely responsible for notifying CITY’s Project Manager in writing of their intent to exercise the right to initiate annual CPI increase. CPI increase percentage shall be verified by CITY’s Project Manager and once confirmed as accurate, CONTRACTOR shall provide updated rate sheets to CITY.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 37 Packet Pg. 360 of 711
CITY of Palo Alto General Services Agreement 33 Rev. April 9, 2025 EXHIBIT C-1
PROGRAM FEE SCHEDULE
[ATTACHED]
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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#C26195719
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EXHIBIT C-1
HHW GENERATED HAZARDOUS WASTE MANAGEMENT PROGRAM FEE SCHEDULE Labor Setup and Mobilization/Demobilization Prices
Fee Item Description Price
1 Mobilization, Set-up, Demobilizaiton for facility collection events (Saturday Events) Standard 8 person crew - Lump sump for staff and materials PER EVENT $ 2,659.26 Discount or addition per chemist added or subtracted $ 375.00 Discount or addition per technician added or subtracted $ 325.00 Discount or addition per surveyor added or subtracted $ 275.00 2 Mobilization, Set-up, Demobilizaiton for facility collection events (Friday Events) Standard 5 person crew - Lump sump for staff and materials PER EVENT $ 1,296.88 Discount or addition per chemist added or subtracted $ 275.00 Discount or addition per technician added or subtracted $ 225.00 Discount or addition per surveyor added or subtracted $ 200.00 3 Door To Door Program - Price per household serviced $ 79.45 4 Standard Hourly Technician Rate $ 65.00
On-call cleaning of HHW Station sheds, Reuse Zone, secondary containment Waste Unit Prices
Fee Item Waste Description Management Method 5 gallon 20 gallon 30 gallon 55 gallon CY Box 5 Latex Paint Recycle
6 Oil Based Paint Recycle
Fuel Substitution $52.50 $105.00 $131.25 $175.00
Incineration $42.33 $84.67 $105.83 $141.11
Alternative Method
8 Flammable Liquids - Poisons or Toxics Incineration $78.28 $158.62 $195.70 $261.62 Fuel Substitution $67.00 $131.00 $165.00 $219.00 $769.00 Incineration $72.10 $140.08 $177.16 $235.87 $588.13
Alternative Method
Recycle $12.00 $25.00 $29.00 $32.00
Landfill
Recycle $12.00 $25.00 $29.00 $32.00
Landfill
Fuel Substitution $127.50 $255.00 $318.75 $425.00 $1,487.50 Incineration $53.15 $106.30 $132.87 $177.16 $688.00
Alternative Method
Incineration $70.00 $137.00 $174.00 $202.00 $707.00
Landfill $51.00 $102.00 $127.50 $170.00 $595.00
14 PCB Light Ballast Incineration $180.00 $362.00 $452.00 $603.00 Incineration $97.50 $195.00 $243.75 $325.00
Recycle $112.50 $225.00 $281.25 $375.00
Landfill $90.00 $180.00 $225.00 $300.00
16 Poison/Toxic Solids Incineration $78.28 $158.62 $195.70 $261.62 $879.62 17 Fluorescent Lamps Tubes Recycle Price Per Linear Foot: $0.17 18 Compact Fluorescent Lights Recycle Price Per Pound: $3.69 19 Compact Fluorescent Lights (u-shaped, other) Recycle Price Per Pound: $3.69 Recycle
Incineration $72.10 $140.08 $177.16 $235.87 $588.13
Treatment/Neutralization $73.50 $147.00 $183.75 $245.00 Incineration $70.04 $136.99 $172.01 $229.69
Treatment/Neutralization $73.50 $147.00 $183.75 $245.00 Incineration $70.04 $136.99 $172.01 $229.69
Treatment/Neutralization $68.00 $133.00 $167.00 $223.00 Incineration $74.16 $148.32 $184.37 $247.20
Treatment/Neutralization $68.00 $133.00 $167.00 $223.00 Alternative Method $74.16 $148.32 $184.37 $247.20
25 Propane Cylinders (up to 1 pounds; and, including MAPP, isotutane/propane, butane, and helium) Recycle $68.29 $136.58 $170.72 $227.63 $6.70 per cylinder 26 Propane Cylinders - BBQ Size (up to 50 pounds) Recycle Price Per Tank: $13.18 Recycle $180.00 $362.00 $452.00 $603.00
Incineration
Landfill $67.50 $135.00 $168.75 $225.00
Recycle $225.57
Incineration $250.00
Landfill
Recycle
Incineration
Landfill
Recycle
Incineration
Landfill
Recycle
Incineration
Landfill
Recycle
Incineration
Landfill
Recycle
Incineration
Landfill
Recycle
Incineration
Landfill
Recycle
Incineration
11 CALL2RECYCLE NO CHARGE TO THE CITY
CALL2RECYCLE NO CHARGE TO THE CITY
CALL2RECYCLE NO CHARGE TO THE CITY
CALL2RECYCLE NO CHARGE TO THE CITY
12 Aerosol Cans (partially full) Corrosive, Flammable or Poisons Empty Gasoline Containers (5 gal. or less)
13 Contaminated Debris (absorbents/solids with hydrocarbons) 15 Non-PCB Light Ballast
20 Paint Related Material
24 Oxidixer Liquids
33 Lead Acid (whole) (Universal Waste Batteries)
32 34 Lead Acid (broken or leaking) (Universal Waste Batteries) Nickel Zinc (Universal Waste Batteries)
30 Nickel Cadmium (Universal Waste Batteries)
31 Nickel Metal Hydride (Universal Waste Batteries)
27 Zinc Carbon/Alkaline (Universal Waste Batteries)
28 Lithium (Universal Waste Batteries)
29 Lithium - Rechargables (Universal Waste Batteries)
21 Inorganic Acids or Bases
22 Organic Acids or Bases
23 Oxidizer Solids
Unit prices for packaging, transporting, and disposal
Flammable Solids
Empty Steel Cans
9 10
PAINTCARE NO COST TO THE CITY
PAINTCARE NO COST TO THE CITY
7 Flammable Liquids (bulk)
CALL2RECYCLE NO CHARGE TO THE CITY
CALL2RECYCLE NO CHARGE TO THE CITY
CALL2RECYCLE NO CHARGE TO THE CITY
Per hour per technician
35 Sealed Lead-Acid (gel cell) (Universal Waste Batteries) 1/23/2026 1
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EXHIBIT C-1
Landfill
Recycle $61.50 $123.00 $153.75 $205.00
Incineration
Landfill
37 Asbestos Landfill $48.00 $96.00 $120.00 $160.00 $560.00 38 Mercury Recycle $650.00 $1,293.68 $1,618.13 $2,156.82 Incineration $204.97 $409.94 $512.42
Treatment/Neutralization
Recycle
Incineration $78.28 $158.62 $195.70 $261.62
Fuel Substitution
Other $78.28 $158.62 $195.70 $261.62
42 Cyanide Incineration $204.97 $409.94 $512.42 $683.23 43 Polychlorinated Biphenyls Incineration $157.50 $315.00 $393.75 $525.00 Recycle $45.73 $91.46 $114.33 $152.44
Fuel Substitution $42.33 $84.67 $105.83 $141.11
Other
Recycle $58.71 $117.42 $146.78 $195.70
Landfill
Recycle $51.60 $103.21 $129.01 $172.01
Incineration $53.77 $107.53 $134.42 $179.22
47 Flares/Fusees (automotive) Incineration $144.00
48 Flares (marine) Incineration CBC
49 Fire Extinguishers
Recycle $25.75 per cylinder
Landfill
Recycle $58.71 per cylinder
Landfill
Recycle $61 per cylinder
Landfill
Recycle $100 per cylinder
Landfill
Incineration $67.50 $135.00 $168.75 $225.00
Landfill
51 Expired or unwanted medications (no controlled substances) Incineration $67.50 $135.00 $168.75 $225.00 52 Vaping devices
Recycle
Incineration $270.00 $540.00 $675.00 $900.00
Recycle
Incineration $242.00 $540.00 $675.00 $900.00
Fee Item Waste Description Management Method 5 gallon 20 gallon 30 gallon 55 gallon CY Box 53 Compressed gas cylinders (refrigerant gases [freon]; oxygen [used for welding or soldering]; carbon dioxide [CO2 cartridges]; nitrous oxide; mace; pepper spray).
Recycle $25.75 per cylinder
Incineration $62.83 per cylinder
Incineration $150 per cylinder
Recycle $58.71 per cylinder
Incineration $71.07 per cylinder
Incineration $300 per cylinder
Recycle $61 per cylinder
Incineration $84 per cylinder
Incineration $425 per cylinder
Recycle $100 per cylinder
Incineration $125 per cylinder
Incineration $600 per cylinder
54 Ammonia Solutions Incineration $70.04 $136.99 $172.01 $229.69 Fuel Substitution $84.00 $168.00 $210.00 $280.00
Incineration $78.28 $158.62 $195.70 $261.62
Fuel Substitution $63.00 $126.00 $157.50 $210.00 $769.00 Incineration $72.10 $140.08 $177.16 $235.87 $588.13
57 Non-Specified Corrosive Liquids Treatment/Neutralization $75.00 $150.00 $187.50 $250.00 Recycle
Fuel Substitution $42.33 $84.67 $105.83 $141.11
Other
59 Small E-Waste (laptops, portable power stations, portable jump starters, etc.) Recycle $60.00 $120.00 $150.00 $200.00
60 Emergency Responses and Tanker Truck Bulk Liquids (1) Specify Method 60a Oily Water (Non-PCB) Treatment/Neutralization Disposal Price Per Gallon: $1.00 60b Oily Water (PCB Contaminated) Incineration Disposal Price Per Gallon: $2.50 60c Solids and Surcharges (if applicable) Price Per Every Percent Solids: see below 60d Tanker Cleanout and Surcharges (if applicable) Tanker Cleanout Per Event Price: case-by-case Notes:
(1) Labor and equipment for all emergency response services (including tanker) shall be charged at time and materials pursuant to contractor's submitted rate sheet. 60c Solids and Surcharges Schedule
A32 - Oily Water (Non-PCB) Solids Surcharges
5.00% – 19.99% =
20.00% – 29.99% =
> 30.00% =
DHLI - Oily Water (PCB-Contaminated) Solids Surcharges
5.00% – 10.00% =
10.01% – 15.00% =
15.01% – 20.00% =
> 20.00% =
additional $0.52gal
case by case
Disposal Price Per Flare:
additional $0.20/gal
additional $0.35/gal
case by case
additional $0.20/gal
additional $0.35/gal
50 Sharps
53d Compressed gas cylinders - large
53c
Fire Extinguisher - Large Size
Fire Extinguisher - Lecture Size
Fire Extinguisher - Small Size
Fire Extinguisher - Medium Size
41 44
45 49a
49b
49c
49d
36 CALL2RECYCLE NO CHARGE TO THE CITY
Used Antifreeze
Water Reactive Wastes
Photo Developer
Photo Fixer
Used Motor Oil
Used Oil Filters
Spillable Lead Acid Batteries, Wet, Filled with acid (Universal Waste Car Batteries)
58 Used Cooking Oil
52a Vaping devices containing nicotine
52b Vaping devices without nicotine
Compressed gas cylinders - medium
53b Compressed gas cylinders - small
53a Compressed gas cylinders - lecture size
55 Non-Specified Flammable or Combustible Liquids
56 Non-Specified Flammable or Combustible Solids
35 Sealed Lead-Acid (gel cell) (Universal Waste Batteries) 46 39
40 1/23/2026 2
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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Item 6: Staff Report Pg. 40 Packet Pg. 363 of 711
EXHIBIT C-1
E-Manifest Fee (each Hazardous Waste Manifest) $ 20.00 $ 27.00 each Supplies & Materials for waste managed through various EPR programs, unless the EPR Cost +20% reimburses Clean Harbors for supplies and materials.
Above pricing will be held firm for the 1st two years of a resultant contract.
Rates for years 3, 4 and 5 will be increased by the San Francisco-Oakland-San Jose area CPI. 1/23/2026 3
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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CITY of Palo Alto General Services Agreement 34 Rev. April 9, 2025 EXHIBIT C-2
REGIONAL RATE SHEET
Container Size Container Multiplier*
5 gallon or less 55-gallon price x 0.30
(or minimum charge listed below whichever is greater)
6 gallon – 20 gallon 55-gallon price x 0.60
(or minimum charge listed below whichever is greater)
21 gallon – 30 gallon 55-gallon price x 0.75
(or minimum charge listed below whichever is greater)
31 gallon – 55 gallon 55-gallon price x 1.00
56 gallon – 85 gallon (overpacks) 55-gallon price x 1.45 Pallets or cubic yard flexbins 55-gallon price x 3.50
Tote (<300 gallon, TOT2) 55-gallon price x 5.00
Tote (300 - 375 gallon) 55-gallon price x 6.30
1.1. Minimum Container Charges – If the extrapolated rate above is less than the corresponding Minimum Charge in the table below, the Minimum Charge will take precedence.
Waste Description Minimum Charge
Electronics $17.00
Fuels, Solvent Reclamation, Non-Hazardous Landfill, Oil (non-PCB), Non-RCRA Pharmaceuticals, OneContainer™ Pharmaceuticals (RXMX),
Waste-to-Energy
$44.00
PCB Oil Dechlorination, Transformer Reclamation, Empty Drum Incineration $55.00 Clean Extraction System, Batteries (except lithium and mercury), Hazardous Landfill, Wastewater Treatment (light), Lab Pack for Fuel, Lab Pack for Aqueous Treatment, Lab Pack for Landfill
$72.00
Incineration Liquids, Lightweight Incineration Solids, Biohazardous, PCB Landfill, Corrosive Fuels, Solid Fuels, Lab Pack for Incineration, Lab Pack for Stabilization, RCRA/Universal Waste Pharmaceuticals
$94.00
Incineration Solids, Oxidizers, A99s (except reactives and direct burns), PCB Incineration, Wastewater Treatment (heavy), Canadian Landfill, NORM Waste, RCRAInfectious, TSCA-Infectious, Broken Bulbs Recycling$154.00 Mercury for Incineration, Lab Packs Mercury for Incineration $424.00 RCRA-Regulated DEA Controlled Substances $440.00
Mercury Batteries $484.00
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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Item 6: Staff Report Pg. 42 Packet Pg. 365 of 711
CITY of Palo Alto General Services Agreement 35 Rev. April 9, 2025 Mercury-Containing Devices or Debris for Retort,
Lab Pack Mercury-Containing Debris or Devices for Retort $550.00 Mercury Compounds/Salts/Solutions for Retort,
Lab Pack Mercury Compounds/Salts/Solutions for Retort $732.00 Reactive Lithium Compounds, Elemental Mercury $605.00
Reactive Alkali Earth Metals for Incineration $605.00
DEA Controlled Lab Packs for Reverse Distribution $957.00 Bulbs /Lamps $72.00 per WCC, per
shipment
Empty Drums | Empty PCB Drums 5-gallon
≤ 20-gallon
> 20-gallon
$17.00
$22.00
$44.00
2. Weight Surcharges – Some waste streams may be subject to additional surcharges if containers of the materials exceed a specific weight. Potential weight surcharges for materials in the Fee Schedule are listed below by Waste Classification Code and would be charged in addition to the base disposal price. CONTRACTOR packages and transports all waste streams and shall package waste in a manner to not exceed weight limits. Should weight limits be exceeded, weight surcharges shall not be charged to CITY.
CCRK: $1.00 for each pound more than 500 in a single drum $1.00 for each pound more than 1,500 in a single flexbin/tote FB5: $0.79 for each pound more than 200 in a single drum
3. Dedicated or non-milkrun emergency pickups will be charged at full truckload price.
Cancellation of a pickup with less than 24 hours’ notice will incur a $350.00 cancellation fee.
4. All transportation rates are based on utilization of Clean Harbors’ transportation equipment or Clean Harbors approved transporters.
5. Pumping Time will be charged at $130.00/hour, which covers the time Clean Harbors is using a vacuum truck to pump materials from a tank(s) or container(s) into the vacuum truck.
6. Clean Harbors requires free and easy access to each pickup site. Drums/containers must be in DOT shippable condition.
7. Reactive alkali metal compounds should typically be packaged in outer metal containers no larger than 5 gallons in size. The inner contents must be less than 5 pounds of reactive metal or less than 20 pounds of reactive batteries in rigid poly containers. Reactive metals and batteries must be packaged under oil. Requests to manage these materials in larger inner charge sizes or larger outer container sizes will be handled on a case-by-case basis.
8. Prices for PCB items are only effective if the items are received within 9 months of the out-ofservice date (OSD). Out of Service Date (OSD) for PCB incinerables should be clearly identified in Section 14 of the manifest. Prices for OSD’s exceeding 9 months will be billed as follows:
8.1. Received over 9 months – 1.25 x base price
8.2. Received over 10 months – 1.50 x base price
8.3. Received over 11 months – 2.00 x base price
9. Compressed Gas Cylinder Conditions
9.1. Cylinders with inoperable valves may be subject to rejection or may be charged an additional handling fee of $450.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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Item 6: Staff Report Pg. 43 Packet Pg. 366 of 711
CITY of Palo Alto General Services Agreement 36 Rev. April 9, 2025
9.2. Cylinders with a stuck/ rusted valve cap will be subject to a $55.00 stuck cap charge.
9.3. Cylinders must in DOT-shippable condition.
9.4. Cylinder pricing offered in this proposal is contingent upon approval of the Clean Harbors, LaPorte, TX transfer, storage and disposal facility.
Cylinder Sizes
Lecture (CYLE) - Up to 3” dia. and 13” length or 4” dia. and 10” length Small (CYSM) - Up to 4” dia. and 24” length
Medium (CYME) - Up to 12” dia. and 36” length
Large (CYLG) - Up to 16” dia. and 56” length
Extra Lrg (CYXL) - Up to 20” dia. and 64” length
½ Ton (CYHT)* - Up to 30” dia. and 52” length or 20” dia. and 82” length Ton (CYTN)* - Up to 24” dia. and 94” length or 30” dia. and 82” length
10. Pricing is based on the current market capacity, conditions and Government regulations. If a significant market-wide pricing, capacity or regulatory change affects our pricing, Clean Harbors will document such changes and approach the City of Palo Alto to re-negotiate pricing.
11. A tank wash or roll-off wash fee of $450.00 will apply any time a wash of a tanker or roll-off is required for non-PCB items. Additional fees will apply for any tank (confined space) entries or PCB washouts.
12. Cleanout/ Decontamination of bulk solid containers or tankers hauling PCB waste that are not in PCB dedicated service may be subject to a PCB cleanout/ decontamination fee of $6,200.00 per container/ tanker.
13. Overpacked drums with the drum inverted will be subject to a $50.00 inverted drum fee. If waste must be overpacked upon receipt at a Clean Harbors’ plant, an overpack fee of $350.00 will be invoiced.
14. A minimum disposal charge of $1,000.00 will be billed for all bulk liquid loads.
15. Bulk Waste Minimum Disposal Charges: Bulk waste delivered to a Clean Harbors’ incinerator, landfill or other end-disposal facility will be subject to the following minimum disposal charges per load:
Incineration Solid/Liquids/PCBs - 12 tons
Incineration Liquid Fuels- 12 tons
Waste Water Treatment - $1,000
Landfill Hazardous - $1,200 Landfill Non-hazardous
Solids/Liquids - $1,000
Note: Wastes that are lightweight and priced by the cubic yard will be invoiced based upon the size of the roll-off container, not the contents. The Minimum charge applies to each BIN not the total shipment.
Fees & Taxes
15.1. EPA Requires electronic filing and reporting of manifest. To cover the cost of the EManifest and administrative cost of entering manifest into the system and managing the data, Clean Harbors will charge $27 per manifest on every invoice.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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Item 6: Staff Report Pg. 44 Packet Pg. 367 of 711
CITY of Palo Alto General Services Agreement 37 Rev. April 9, 2025 EXHIBIT C-3
EMERGENCY RESPONSE RATE SHEET
Description UOM Price (USD)
FIELD PERSONNEL
Field Technician HR $89.75
Field Technician Overtime HR $134.62
Field Technician Doubletime HR $179.50
Field Inspector HR $106.72
Field Inspector Overtime HR $160.08
Field Inspector Doubletime HR $213.46
Equipment Operator HR $111.57
Equipment Operator, Overtime HR $167.35
Equipment Operator, Double Time HR $223.17
Foreman HR $111.57
Foreman Overtime HR $167.35
Foreman Doubletime HR $223.174
Chemist HR $124.92
Chemist Overtime HR $187.38
Chemist Doubletime HR $249.85
Mechanic HR $126.14
Mechanic, Overtime HR $189.21
Mechanic, Double Time HR $252.28
Supervisor HR $130.99
Supervisor, Overtime HR $196.48
Supervisor, Double Time HR $261.98
Lead Chemist HR $144.33
Lead Chemist Overtime HR $216.49
Lead Chemist Doubletime HR $288.66
Site Safety Officer HR $204.98
Site Safety Officer, Overtime HR $307.47
Site Safety Officer, Double Time HR $409.96
TECHNICAL PERSONNEL
Welder HR $126.14
Welder Overtime HR $189.21
Welder Doubletime HR $252.28
Field Engineer/Scientist/Geologist HR $139.48
Field Engineer/Scientist/Geologist Overtime HR $209.22
Field Engineer/Scientist/Geologist Doubletime HR $278.96 Senior Engineer/Scientist/Geologist HR $157.67
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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Clean Harbors, Contract
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Item 6: Staff Report Pg. 45 Packet Pg. 368 of 711
CITY of Palo Alto General Services Agreement 38 Rev. April 9, 2025 Senior Engineer/Scientist/Geologist Overtime HR $236.50 Senior Engineer/Scientist/Geologist Doubletime HR $315.34 Professional Engineer/LSP HR $198.91
Professional Engineer/LSP Overtime HR $298.36
Professional Engineer Doubletime HR $397.83
ADMINISTRATIVE/MANAGERIAL PERSONNEL
On Site Administration HR $84.90
On Site Administration, Overtime HR $127.35
On Site Administration, Double Time HR $169.80
Emergency Response Coordinator HR $164.95
Emergency Response Coordinator, Overtime HR $247.42
Emergency Response Coordinator, Double Time HR $329.90
Project Manager HR $169.80
Project Manager Overtime HR $254.70
Project Manager Doubletime HR $339.60
General Manager HR $211.04
General Manager, Overtime HR $316.56
General Manager, Doubletime HR $422.08
PER DIEM / SUBSISTENCE
Per Diem / Subsistence DAY $241.37
MOBILIZATION AND DEMOBILIZATION OF SPECIALTY EQUIPMENT
Mileage charge for Heavy Duty / DOT Rated Vehicles MIL no charge $0.00 Mileage Charge for Light Duty / Support Vehicles MIL no charge $0.00
SUPPORT EQUIPMENT
15 Gal HEPA Vacuum DAY $225.60
150,000 BTU Portable Heater DAY $356.59
2 CU YD self dumping hopper DAY $5.62
2,000 - 2,900 Gal Poly Storage Tank DAY $103.09
3,000 - 3,900 Gal Steel Storage Tank DAY $35.17
4,000 - 6,000 Gal Poly Storage Tank DAY $126.14
Air Compressor 175-185 CFM DAY $343.25
Air Compressor 8-10 CFM DAY $158.88
ATV, 4X4 or 4X6 DAY $479.10
Box Truck HR $112.79
Carbon Filter System DAY $326.27
Decontamination Trailer DAY $238.93
Dewatering Box DAY $225.60
Dump Trailer (Trailer Only, Staged on Site) DAY $97.02
Dump Truck, 10 Wheel HR $129.78
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
Executed Contract with
Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 46 Packet Pg. 369 of 711
CITY of Palo Alto General Services Agreement 39 Rev. April 9, 2025 Emergency Response Van HR $110.37
Frac Tank 20,000 Gal DAY $212.26
Frac Tank, Double Walled DAY $254.70
Generator - 12K Watt DAY $328.69
Generator - 4,000 Watt DAY $181.93
Generator - 5,000 Watt DAY $206.19
Generator - 8,000 Watt DAY $238.93
Halogen Spotlight DAY $137.05
Incident Command Unit DAY $2054.69
Intermodal Container DAY $42.44
Intrinsically Safe Drop Light DAY $137.05
Light Stand DAY $137.05
Light Tower w/Generator DAY $685.30
Manlift DAY $328.69
Office Trailer DAY $150.40
On-site Van Trailer (Tractor not included) DAY $263.19
Personnel Staging Tent, 10x10 ft, Purchased EA $229.23
Personnel Staging Tent, 20' x 30' DAY $197.69
Pickup with Dump Body HR $37.59
Pickup/Van/Car/Crew Cab HR $33.95
Rolloff Container with Metal lid DAY $30.32
Rolloff Container with Tarp & Bows DAY $26.67
Rolloff Straightjob HR $124.92
Rolloff Two Can Trailer HR $135.84
Sea Container / Conex / Tool Crib, 20 ft. DAY $40.02
Secondary Containment Unit DAY $53.36
Skid Mounted Liquid Phase Carbon System (10GPM) DAY $88.53 Small Box Truck / Cube Van HR $48.51
Spill Trailer DAY $374.78
Stake Body/Utility Truck HR $48.51
Tank Trailer/Transporter, No Tractor (For Storage Only) DAY $596.75 Tractor Only, No Trailer HR $98.24
Tractor w/Box Van HR $128.56
Tractor w/Dump Trailer HR $128.56
Tractor w/Flatbed/Lowbed Trailer HR $138.26
Tractor w/Liquid Transporter HR $155.25
Tractor w/Rolloff Trailer HR $135.84
Traffic Cone/Barricade Unit DAY $1.96
Utility / Support Trailer DAY $255.92
tility/Cross Terrain Vehicle (Mule/Gator) DAY $479.10
Vacuum Box, Watertight DAY $141.90
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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CITY of Palo Alto General Services Agreement 40 Rev. April 9, 2025
SAFETY EQUIPMENT
2 Man Breathing System DAY $378.43
4 Man Breathing System DAY $479.10
Breathing Air Hose, 100ft DAY $137.05
Eyewash Station DAY $70.34
Level A w/ResponderPlus Suit/Changeout EA $1245.67
Level B w/CPF2 or Polytyvek/Changeout EA $261.99
Level B w/CPF3 or Saranex Suit/Changeout EA $328.69
Level B w/CPF4 or Barricade Suit/Changeout EA $392.98
Level C w/CPF1,2 or Polytyvek/Changeout EA $78.83
Level C w/CPF3 or Saranex Suit/Changeout EA $98.24
Level C w/CPF4 or Barricade Suit/Changeout EA $157.67
Modified Level D (Tyvek and Boots) EA $40.02
Negative Air Machine (Blower w/ HEPA filter) DAY $343.25 Respirator, Full Face DAY $42.44
Self Contained Breathing Apparatus (SCBA) DAY $343.25
HIGH PRESSURE WATER BLASTING EQUIPMENT
10,000 PSI - 60 GPM - HP Pump (350, 405) HR $93.39
20,000 PSI - 23 GPM - HP Pump (305) HR $183.14
40,000 PSI - 12 GPM - UHP Pump (305) HR $215.89
40,000 PSI - 6 GPM - UHP Pump (200 HP) HR $215.89
HIGH PRESSURE WATER BLASTING - AUXILIARY EQUIPMENT
3-D Rotating Nozzle - 10K, 20-80 GPM (LV) HR $111.57
PRESSURE WASHING EQUIPMENT
1000psi Pressure Washer DAY $130.99
2-D Rotating Nozzle HR $84.90
2000psi Pressure Washer DAY $141.90
2500psi Hot Water Pressure Washer DAY $446.35
2500psi Pressure Washer DAY $155.25
3000psi Hot Water Pressure Washer DAY $492.44
VACUUM EQUIPMENT
High Powered Vacuum Truck/Cusco HR $181.93
Hydrovac - Single Drive with Operator & Helper HR $344.46 Hydrovac - Tandem Drive with Operator & Helper HR $382.06 Hydrovac - Tri-Drive with Operator & Helper HR $382.06
Skid Mounted Vacuum System HR $82.47
Tractor w/Vacuum Trailer HR $160.10
Vactor with Jet Rodder HR $181.93
Vacuum Truck, Straight HR $124.92
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
Executed Contract with
Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 48 Packet Pg. 371 of 711
CITY of Palo Alto General Services Agreement 41 Rev. April 9, 2025 Wet/Dry High Powered Vacuum Truck/Guzzler HR $181.93
Working Boiler / Heating Charge HR $82.47
PRESSURE TRUCKS / HOT OILERS / HEATING UNITS
100 HP boiler unit HR $130.99
PUMPING/TRANSFERRING PUMPS
Drum Loader DAY $225.60
Drum Vacuum, Pneumatic DAY $238.93
Pump - Centrifugal, 2 in DAY $144.33
Pump - Diesel Lister, 3 in DAY $202.54
Pump - Double Diaphragm, 1 in DAY $127.34
Pump - Double Diaphragm, 2 in DAY $179.50
Pump - Double Diaphragm, 2 in, Chemical DAY $237.72
Pump - Double Diaphragm, 3 in DAY $202.54
Pump - Double Diaphragm, 3 in, Chemical DAY $263.19
Pump - Double Diaphragm, 4 in DAY $277.76
Pump - Electric Drum DAY $141.90
Pump - Electric Submersible, 2 in DAY $112.79
Pump - Electric Submersible, 3 in DAY $141.90
Pump - Electric Submersible, 4 in DAY $208.61
Pump - Hand DAY $46.08
Pump - Hydraulic Transfer, 4 in HR $46.08
Pump - Hydraulic Transfer, 6 in HR $343.25
Pump - Trash, 2 in DAY $141.90
Pump - Trash, 3 in DAY $163.73
Pump - Trash, 4 in DAY $373.58
MARINE RESPONSE EQUIPMENT
Airboat, Single Engine DAY $1832.73
Airboat, Twin Engine DAY $5344.15
Boat/Workskiff without Motor DAY $215.89
Brush Skimmer DAY $1221.41
Containment Boom - 10" Per Foot Per Day FT $2.70
Containment Boom - 18" Per Foot Per Day FT $3.02
Containment Boom - 24" Per Foot Per Day FT $3.90
Containment Boom - 36" Per Foot Per Day FT $4.39
Drum Skimmer (24in-36in) DAY $956.99
Hydraulic Power Pack for Skimmer DAY $335.97
Landing Craft (LCM), 26ft-29ft DAY $1450.65
Landing Craft (LCM), 30ft-34ft DAY $1573.16
Landing Craft (LCM), 35ft-45ft DAY $2359.14
PFD Life Vest DAY $41.23
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
Executed Contract with
Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 49 Packet Pg. 372 of 711
CITY of Palo Alto General Services Agreement 42 Rev. April 9, 2025 PFD Survival Suit / Cold Weather Survival Work Suits DAY $124.92 Power Barge Boat, 26ft-30ft DAY $1679.89
Power Barge Boat, 30ft-42ft DAY $3054.14
Power Workboat, Fast Response, 12-14ft DAY $456.05
Power Workboat, Fast Response, 15-17ft DAY $543.38
Power Workboat, Fast Response, 18-22ft DAY $909.69
Power Workboat, Fast Response, 23-26ft DAY $1144.99
Power Workboat, Fast Response, 27-36ft DAY $1450.65
Rigid Hull Inflatable (RIB) (18ft-22ft) DAY $1198.36
Rotating Disc Skimmer Unit DAY $1245.67
Skim Pack Skimmer DAY $247.43
Skimmer - C24H Hydraulically Powered Rope Mop Wringer DAY $992.16 Skimmer - C29H Hydraulically Powered Rope Mop Wringer DAY $1335.42 Skimmer, Duck Bill DAY $43.66
Skimming Vessel (Marco/JBF or Equivalent) 28-30ft DAY $8359.49 Skimming Vessel Belt Drive Replacement EA $2048.62
Weir Skimmer Unit DAY $264.41
FIELD ANALYTICAL
4 Gas/5 Gas Meter DAY $232.87
Bailer & Sampling Equipment DAY $78.83
Draeger Air Monitoring Pump DAY $103.09
Explosion/Oxygen Meter DAY $164.95
Geiger Counter Meter DAY $206.19
Hydrogen Cyanide Meter DAY $171.02
Interface Probe DAY $164.95
Lumex RA915+ Mercury Vapor Analyzer DAY $671.96
Mercury Vapor Analyzer DAY $343.25
Particulate Meter, Mini Ram or equivalent DAY $164.95
Personal Air Pump Meter DAY $78.83
pH Meter DAY $78.83
PID Meter DAY $164.95
Well Purging/Sampling Pump DAY $78.83
HOSES/PIPE*
Hose - Chemical, 2 in X 20 ft DAY $48.51
Hose - Chemical, 3 in X 20 ft DAY $67.91
Hose - Chemical, 4 in X 20 ft DAY $87.32
Hose - Lay Flat, 2 in X 25ft DAY $35.17
Hose - Lay Flat, 4 in X 25 ft DAY $78.83
Hose - Lay Flat, 6 in X 25 ft DAY $103.09
Hose - Suction, 2 in X 25 ft DAY $41.23
Hose - Suction, 3 in X 25 ft DAY $54.57
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
Executed Contract with
Clean Harbors, Contract
#C26195719
Item 6: Staff Report Pg. 50 Packet Pg. 373 of 711
CITY of Palo Alto General Services Agreement 43 Rev. April 9, 2025 Hose - Suction, 4 in X 25 ft DAY $78.83
Hose - Suction, 6 in X 25 ft DAY $114.01
Wash Hose, 1/2in x 50ft DAY $23.04
EARTH MOVING EQUIPMENT
Backhoe Loader, 1 Yard Bucket HR $103.09
Bobcat Loader/Mini Excavator HR $101.87
Excavator, 20-30 Ton HR $130.99
Fork Attachment for Bobcat Loader DAY $76.40
Loader, 2-3 Yard Bucket HR $100.67
Mini Excavator HR $97.02
Sweeper Attachment for Bobcat Loader DAY $185.57
PNEUMATIC POWER TOOLS
Jackhammer, 40Lb DAY $84.90
Jackhammer, 60Lb DAY $106.72
Jackhammer, 90Lb DAY $128.56
Pneumatic Chipping Gun DAY $137.05
Steel Nibbler, Pneumatic DAY $172.22
GAS POWERED TOOLS
Brush Cutter/Power Broom DAY $160.10
Chain Saw DAY $160.10
SPECIALTY EQUIPMENT
Antiviral Disinfectant Fogger DAY $229.23
Auger, Manual DAY $84.90
Confined Space Entry Gear (Retrieval & Rescue Equip) DAY $476.67 Cutting Torch/Acetylene Torch DAY $157.67
DBI/Rogliss Tripod DAY $84.90
Digital Camera DAY $112.79
Drum Crusher, Portable DAY $596.75
Electric Blower DAY $114.01
Explosion Proof Pneumatic Fan Blower DAY $114.01
Fiber Optic Camera HR $76.40
Fiber Optic Camera Truck HR $194.06
Forklift, 2,000Lb Capacity DAY $548.23
Forklift, 6,000Lb Capacity (High Reach / Lull) DAY $590.69 Plasma Cutting Torch DAY $310.50
Sand Blaster and Hose HR $37.59
Transit Set DAY $163.73
Walk Behind Concrete Saw DAY $299.58
HIGH HAZ
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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#C26195719
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CITY of Palo Alto General Services Agreement 44 Rev. April 9, 2025 Drum Tilter, Mechanical DAY $225.60
Remote Drum Opener, Pnuematic DAY $1562.24
WASTE MATERIAL APPROVAL
Profile Approval Fee (No Sample) EA $95.82
Sample & Profile Approval Fee EA $190.42
MISCELLANEOUS
1/2in Drill, Electric DAY $55.78
3/4in Drill, Rotary Hammer DAY $120.07
Circular Saw, Electric DAY $78.83
Cutoff Saw (Demo) DAY $172.22
Electric Auger DAY $97.02
Mercury Vacuum DAY $269.26
Reciprocating Saw (Sawzall), Electric DAY $103.09
Wet Vacuum (Shop Vac) DAY $55.78
300 - 500 Gal Poly Storage Tank DAY $54.57
Airspade Pneumatic Shovel DAY $86.10
Compactor DAY $84.90
Decon Pool, 10ft x 10ft DAY $197.69
Decon Pool, 20ft x 100ft DAY $590.69
Decon Pool, 25ft x 50ft DAY $392.98
Drum Head Vacuum System, Electric DAY $70.34
Drum Skimmer, Double Barrel 24" DAY $1495.53
Skimmer - CV-46H Hydraulically powered Vertical Mop Wringer DAY $1183.80 Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
Attachment A - Partially
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Clean Harbors, Contract
#C26195719
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CITY of Palo Alto General Services Agreement 45 Rev. April 9, 2025
EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
COMBINED SINGLE LIMIT
IF TRANSPORTING HAZARDOUS
MATERIALS, THE MCS-90
ENDORSEMENT MUST BE
PROVIDED.
$1,000,000 $1,000,000
YES
POLLUTION LIABILITY; INCLUDING
SILICA, MOLD AND FUNGHI; CLEANUP COSTS AND REMEDIATION
EXPENSES, LEGAL COSTS, DEFENSE
COSTS, NATURAL RESOURCE
DAMAGES, AND TRANSPORTATION
OF POLLUTANTS; SUDDEN OR
GRADUAL POLLUTION INCIDENT
BODILY INJURY & PROPERTY
DAMAGE COMBINED
$2,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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Clean Harbors, Contract
#C26195719
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CITY of Palo Alto General Services Agreement 46 Rev. April 9, 2025 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.
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 ISSUING COMPANY 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 NONPAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE EMAILED TO: [email protected] Docusign Envelope ID: 75DE3AF3-A18D-47D5-938A-88E099E3CEE4 Item 6
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: March 2, 2026
Report #: 2511-5418
TITLE
Approval of Professional Services Contract Number C26195818 With BKF Engineers in an Amount Not to Exceed of $900,000 Over a 3-year Term for On-Call Surveying and Design Support Services; CEQA Status – Not a Project
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract No. C26195818 with BKF Engineers to provide on-call surveying and design support services for a term of three years and a total amount not to exceed $900,000.
BACKGROUND
The City currently has one land surveyor, who primarily performs grade checking for Public Works Capital Improvement Program (CIP) construction projects and administrative documents and does not have the capacity or capability to perform larger surveys. The recommended oncall contract for surveying will augment the staff surveyor to meet this need, and replaces a previous on-call surveying contract which expired on October 31, 2025. 1,2 The proposed scope of services includes providing on-call support surveying services to help to help advance street resurfacing projects, including the survey and drainage design for various City streets. The contract capacity allows for these professional services to be utilized for other CIP projects (including storm drain, parks, and buildings projects) requiring surveying, including large roadway survey needs. Work will be assigned to the consultant on a task order basis. 1 City Council, October 24, 2022; Agenda Item #5; SR #14785; https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=82060&dbid=0&repo=PaloAlto 2 BKF Engineers, Professional Services Agreement for On-Call Surveying, C23185658; https://www.paloalto.gov/files/assets/public/v/2/public-works/engineering-services/cip-contracts/c23185658- bkf-engineers-contract.pdf
Item 7
Item 7 Staff Report
Item 7: Staff Report Pg. 1 Packet Pg. 378 of 711
ANALYSIS
On October 1, 2025, a Request for Proposal (RFP) for Palo Alto On-Call Surveying Services was posted at City Hall and sent to builder’s exchanges and contractors through the City’s eProcurement system. The bidding period was 21 calendar days. Six proposals were received on October 22, 2025, but one was disqualified for providing an incomplete bid package.
Table #1: Summary of Request for Proposal
Proposal Description Palo Alto On-Call Surveying Services RFP #195818 Proposed Length of Project 36 months
Number of Vendors Notified 3806
Number of Proposal Packaged Downloaded 37
Pre-Proposal Meeting No
Number of Proposals Received 6
Proposal Price Range N/A
Public Link to Solicitation https://procurement.opengov.com/portal/palo-altoca/projects/198788 The proposals were evaluated and determined to be responsive to the criteria identified in the RFP. BKF Engineers was selected because of the quality and effectiveness of their services, the experience of their field staff, their prior record of performance with the City, and their ability to provide future services. The cost of services was evaluated separately through an administrative team and incorporated into the evaluation process, but the Proposal Price Range is marked as N/A because staffing rates vary from company to company and proposal rates cannot be directly compared.
The RFP establishes a not-to-exceed amount of $300,000 per year. This annual authorization is intended to provide flexibility to efficiently and quickly deliver work across multiple individual CIP projects. Annual expenditures may fluctuate depending on workload demands including investigation of drainage issues for street resurfacing projects, storm drain potholing and surveying, and potential survey work associated with park projects. Funds authorized under this contract do not carry over from year to year. Task orders will be authorized with checks and balances requiring approval by both project management and the departmental director. Task orders over $100,000 will require approval by the City Manager or their designee.
Under the most recent contract, approximately 75% of the total requested funding was utilized over a three-year period, demonstrating that the not-to-exceed amount provides appropriate capacity while remaining fiscally controlled. Table #2 below is a summary of task orders from Item 7
Item 7 Staff Report
Item 7: Staff Report Pg. 2 Packet Pg. 379 of 711
previous contract C23185658. Staff anticipates similar types and costs of task orders to continue with the new contract. BKF Engineers’ rates have increased by approximately 4% annually from the previous contract’s first year rates in 2022 to the new contract rates in 2026.
Therefore, staff recommends approval contract C26195818 (Attachment A) with BKF Engineers.
Table #2: Summary of Task Orders Completed in Contract C23185658 with BKF Engineers Task Order
No.
Issue Date Description of Work Preformed Total
Amount
1 2/21/2023 Design Services for Cubberley Field Restroom Lift Station and Force Main
$37,458.00
2 3/2/2023 Topographical Survey and Base Map of Robles Park – 4116 Park Boulevard $32,752.00
3 3/9/2023 Topographical Survey and Base Map of Foothill Nature Preserve – 11799 Page Mill Road $58,000.00
4 3/13/2023 Fernando Avenue & Orinda Street ADA Survey $5,800.00 5 3/15/2023 Topographical Survey and Base Map of Barron Avenue from Whitsell Avenue to La Donna Avenue
$9,520.00
6 - No Task Order -
7 7/24/2023 Design Services for El Camino Real ADA Ramp Improvements Project $138,650.00 8 3/12/2024 Topographical Survey and Base Map of Kendall Avenue from La Donna Avenue to Josina Avenue
$9,800.00
9 3/28/2024 Design Services for Cubberley Field Restroom Lift Station and Force Main - Budget Amendment No. 1 $5,000.00
10 4/11/2024 Design Services for El Camino Real ADA Ramp Improvements Project $184,000.00 11 11/6/2024 Design Services for Cubberley Field Restroom Lift Station and Force Main - Budget Amendment No. 2 $12,700.00
12 10/2/2024 Stormwater Treatment Third Party Review Services for Boulware Park Project
$7,900.00
13 12/9/2024 Topographical Survey and Base Map of Rinconada Pool $18,868.00 14 1/22/2025 Topographical Survey and Base Map of Parking Lot 8, 440 Sherman Avenue
$15,000.00
15 1/30/2025 Surveying Services for Hamilton Avenue Storm Drain Capacity Project $116,020.00 16 2/20/2025 Surveying Services for 430 Palm Street $3,000.00 17 2/20/2025 Surveying Services for 757 Homer Avenue $3,250.00 18 4/29/2025 Lot Line Adjustment Plat & Legal Descriptions for Cubberley Community Center
$9,800.00
19 6/24/2025 ALTA/NSPS Land Title Survey for 2575 E. Bayshore Road $24,700.00 20 7/1/2025 Surveying Services for Mitchell Park Restroom $11,000.00 21 8/13/2025 Control Survey and Topographical Survey for Center Drive $49,800.00 Item 7
Item 7 Staff Report
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Table #2: Summary of Task Orders Completed in Contract C23185658 with BKF Engineers Task Order
No.
Issue Date Description of Work Preformed Total
Amount
22 10/16/2025 Change Order Request for Surveying Services at Cubberley Community Center
$7,921.00
Total Funding Utilized in Previous Contract $760,939.00
FISCAL/RESOURCE IMPACT
Funding for on-call project work will be encumbered as survey and design task orders, assigned to specific CIP projects, and funded within the existing CIP projects’ budgets as approved by the City Council through the annual budget process.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement will be conducted as necessary for each project. Over 2,000 notices were sent through the City’s public procurement process to notify potential service providers of this opportunity.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because a contract award for oncall surveying and design services is a continuing administrative or maintenance activity. CEQA Guidelines section 15378(b)(2).
ATTACHMENTS
Attachment A: Contract with BKF Engineers; C26195818
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
Item 7
Item 7 Staff Report
Item 7: Staff Report Pg. 4 Packet Pg. 381 of 711
Professional Services
Rev. Oct 16,2024
CITY OF PALO ALTO CONTRACT NO. C26195818
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND BKF ENGINEERS
This Agreement for Professional Services (this “Agreement”) is entered into as of the 26th day of February, 2026 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BKF Engineers, a corporation, located at 2100 Franklin Street, Suite 4C, Oakland, CA 94612 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to contract for on call, as-needed topographic surveying, engineering, and design services (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.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
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Attachment A - Contract
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C26195818
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Professional Services
Rev. Oct 16,2024
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM. The term of this Agreement shall be for three (3) years from the effective date of this agreement 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.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Nine Hundred Thousand Dollars ($900,000.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the notto-exceed compensation amount of Dollars ($ ) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
Attachment A - Contract
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C26195818
Item 7: Staff Report Pg. 6 Packet Pg. 383 of 711
Professional Services
Rev. Oct 16,2024
shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4.
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services 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 supervision. 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 perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all applicable licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the 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 orders 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.
Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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Professional Services
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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 stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, 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 parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City 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.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
Attachment A - Contract
with BKF Engineers;
C26195818
Item 7: Staff Report Pg. 8 Packet Pg. 385 of 711
Professional Services
Rev. Oct 16,2024
Option B: 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 to be approved per Task Order.
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning 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 Ben Santos 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 Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project 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 Elisabeth Hochstetler, Public Works Department, Engineering Division, 250 Hamilton Ave, Palo Alto, CA, 94301, Telephone: (650) 838-2906, E-mail:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. 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 makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation 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 Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 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 third party 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”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.
[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, 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 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly 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.
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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 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 will 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).
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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 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 Services 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 Project 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 financial 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 Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing 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 the 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, CONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by 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 CONSULTANT 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 Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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(Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic 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 Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project may be subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations. If applicable, CONSULTANT 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, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time.
If CONSULTANT is required to pay prevailing wages, CONSULTANT 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. Further, CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. Finally, CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.
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 Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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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 a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
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 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 Section 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 confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, 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, Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by 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 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.
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SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204
PUBLIC WORKS PROJECTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C26195818
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
BKF ENGINEERS
Officer 1
By: ________________________________
Name: ______________________________
Title: _______________________________
Officer 2
By: ________________________________
Name: ______________________________
Title: _______________________________
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Vice President
CFO.
Jean Chen
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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 shall provide the following service in-house:
▪ Surveying
▪ Technical review of survey and land use/development related documents ▪ Act as City Surveyor
CONSULTANT shall be able to subcontract for the following services, including but not necessarily limited to:
▪ Civil Engineering
▪ Construction Management
▪ Architecture (minor)
TASK ORDERS
CONSULTANT shall perform topographic surveying, engineering or design services on a task order basis for a term not to exceed three years and with a maximum compensation not to exceed $300,000 per fiscal year or per task order including contingency. Task orders not to exceed $300,000 will be developed for specific projects by the CITY department requesting the work and fee negotiated with CONSULTANT.
SCOPE OF WORK
CONSULTANT shall work with various work groups within the Public Works Engineering Services Division including Streets and Sidewalks, Parks, Buildings and Storm Drain. This contract will be open to more than one work group, therefore CONSULTANT may be asked to work on more than one project at a time. All services to be performed by CONSULTANT shall be documented in a task order to be executed by the CONSULTANT and CITY. The specified work required for these projects will be determined as the projects are developed including a detailed scope, schedule and budget. CONSULTANT shall provide the City with Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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an hourly rate for Land Surveyor services. Below are descriptions of required tasks for each work group.
Streets and Sidewalks, Parks, Building and Storm Drain – Topographic survey services will be used to provide base maps for preparation of plans for proposed improvement projects.
CONSULTANT shall provide the following topographic survey services:
▪ Establish survey control line extending 10 feet beyond the limits of work ▪ Locate, identify, and tie-out City of Palo Alto survey markers, landmarks, and monuments found within the project area
▪ Perform topographic survey of existing features, which includes but is not limited to the following:
o Locate and identify existing surface features, which includes but is not limited to the following: driveway areas, top of curb, flow line, any exposed lip of gutter, sidewalk, ramps, edge of pavement, street cross section, centerline, speed humps, traffic striping, signs, walkways in park strips, trees (including diameter), light poles, building corners, top of bank, drainage ditch and other pertinent field features
o Locate and identify existing surface utilities, which includes but is not limited to the following: catch basins, manholes, boxes, valves, water, gas, electric, fiber optics, telecommunications, sewer, and cable television utilities Additional features required for Storm Drain projects include the following:
▪ Storm drain infrastructure (pipelines, manholes, and catch basins) including invert elevations, pipe sizes, material type, and rim elevations ▪ Other existing underground utilities (i.e. sewer, water, gas, electric, fiber optics, telecommunications, and cable television utilities) including invert elevations, pipe sizes, material type, top/bottom, pipe elevations, rim elevations, and duct/encasement bottom elevations.
Deliverables – prepare and submit the following:
▪ Surveys must use NAVD88
▪ 2023 Civil 3D Auto-CAD files for the survey work done ▪ Electronic files (csv format) of all survey data points ▪ CTB files
▪ Comprehensive CAD file of survey and presentable pdf with title block, project information, and key descriptions as feature identifier for each surveyed infrastructure
▪ Separate layers for different topographic features
▪ Provide line work, profile, and cross-sections utilizing 2023 Auto-CAD Civil 3D CITY will provide existing infrastructure and right-of-way information from City of Palo Alto Geographic Information System (GIS) Streets. Work on arterial and collector streets (including Alma, Middlefield, and Embarcadero will not be permitted between the hours of 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m. to avoid traffic congestion to the public. CONSULTANT shall be responsible for all traffic control for survey crews.
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CONSULTANT shall comply will the MUTCD Rolling/mobile traffic control for short-term work. Any work that is longer than 15 minutes at one particular spot shall require a more specific traffic control plan to be submitted for the City’s Transportation Division’s review and approval. Consultant shall be responsible for all traffic control for survey crews.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) ▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
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.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASKS NOT TO EXCEED AMOUNT
ALL YEAR 1 TASKS $300,000
ALL YEAR 2 TASKS $300,000
ALL YEAR 3 TASKS $300,000
Maximum Total Compensation (Three Year Not-toExceed Amount)$900,000
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
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B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
CLASSIFICATION Y E A R
PROJECT MANAGEMENT 2026 2027 2028 2029
Principal in Charge $333 $340 $346 $353
Senior Project Executive $309 $315 $321 $328
Project Executive $301 $307 $314 $320
Senior Project Manager | Senior Technical Manager $292 $298 $304 $310 Project Manager | Technical Manager $287 $292 $298 $304 Engineering Manager | Surveying Manager | Planning Manager $264 $269 $274 $280
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $245 $250 $255 $260 Project Engineer | Project Surveyor | Project Planner $215 $220 $224 $228 Design Engineer | Staff Surveyor | Staff Planner $188 $192 $196 $199 BIM Specialist I $188 $192 $196 $199
BIM Specialist II $215 $220 $224 $228
BIM Specialist III $245 $250 $255 $260
Technician I $179 $182 $186 $189
Technician II $190 $194 $198 $202
Technician III $208 $212 $216 $221
Technician IV $224 $228 $233 $237
Technician V $242 $246 $251 $256
Drafter I $140 $142 $145 $148
Drafter II $153 $156 $159 $163
Drafter III $166 $169 $173 $176
Drafter IV $184 $187 $191 $195
Engineering Assistant | Surveying Assistant | Planning Assistant $117 $119 $121 $124
FIELD SURVEYING
Survey Party Chief $245 $250 $255 $260
Instrument Person $210 $214 $218 $223
Survey Chainperson $158 $161 $164 $167
Utility Locator I $128 $131 $133 $136
Utility Locator II $181 $184 $188 $192
Utility Locator III $217 $222 $226 $231
Utility Locator IV $247 $252 $257 $262
Apprentice I $97 $99 $101 $103
Apprentice II $130 $133 $135 $138
Apprentice III $144 $147 $150 $153
Apprentice IV $152 $155 $158 $162
CONSTRUCTION ADMINISTRATION
Senior Consultant $320 $327 $333 $340
Senior Construction Administrator $279 $285 $291 $296
Resident Engineer $207 $211 $215 $220
Field Engineer I $188 $192 $196 $199
Field Engineer II $215 $220 $224 $228
Field Engineer III $245 $250 $255 $260
Field Engineer IV $263 $268 $273 $279
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $229 $233 $238 $243
Funding Strategies Manager $210 $214 $218 $223
Funding/Research Analyst I $144 $147 $150 $153
Funding/Research Analyst II $166 $169 $173 $176
Funding/Research Analyst III $176 $180 $184 $187
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Funding/Research Analyst IV $194 $198 $202 $206
ASSISTANTS
Project Coordinator $156 $160 $163 $166
Senior Project Assistant $134 $137 $140 $143
Project Assistant $119 $121 $123 $126
Clerical | Administrative Assistant $100 $102 $104 $106 Docusign Envelope ID: 7F4FD96B-DAB7-438C-819F-4A6A2B42C0D6 Item 7
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
[email protected]
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EXHIBIT E
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, 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. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT 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 contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR. Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation.
CONSULTANT 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 CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to:
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, CONSULTANT and its listed subcontractors, in connection with the Project.
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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 CONSULTANT and its listed subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not provided as required within the 10-day period, then CONSULTANT and its listed 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 CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of location of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in Section 1815.
CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers’ compensation to its employees before beginning work (Labor Code 1861).
CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
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EXHIBIT F
Claims for Public Contract Code Section 9204 Public Works Projects The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement.
1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A)A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B)Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C)Payment of an amount that is disputed by the City.
2. Claim Process.
(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.
(B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events.
Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost.
Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
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(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.
3. Disputed Claims
(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.
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6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Fire
Meeting Date: March 2, 2026
Report #:2602-5922
TITLE
Approval of Amendment No. 1 to the Multi-Agency Staffing Agreement for Fire Station 8. CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that the City Council approve the First Amendment to Fire and Emergency Medical Services Agreement between Santa Clara County Central Fire Protection District, Los Altos Hills County Fire District, and the City of Palo Alto for the Operations and Funding of Fire Station 8, to continue staffing Palo Alto Fire Station 8 (Foothills) during wildland fire season in calendar year 2026, and with an annual renewal for up to four additional one-year terms through December 31, 2031 (Attachment A – First Amendment; Attachment B – Original Agreement).
BACKGROUND
Santa Clara County and the greater Bay Area continue to experience heightened wildland fire risk, particularly in the Wildland-Urban Interface (WUI) where neighborhoods and open space areas are closely connected. Fire Station 8 (Foothills) is strategically located adjacent to WUI terrain and regional open space, and seasonal staffing improves readiness and response capability during the wildland fire season.
In 2021, the City of Palo Alto entered into a tri-party agreement with the Los Altos Hills County Fire District and the Santa Clara County Fire Department to implement a seasonal staffing model for Station 8, including a planned rotation of staffing between Palo Alto Fire and Santa Clara County Fire and a cost recovery framework supported by Los Altos Hills County Fire District funding. The proposed action is approving the First Amendment to continue the staffing model through calendar year 2026. The amendment updates the agreement document as needed for continued implementation, with no significant operational or financial changes to the staffing model beyond the updated terms reflected in the amendment. The amendment Item 8
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also includes annual renewal for up to four additional one-year terms through December 31, 2031.
ANALYSIS
The Foothills area and adjacent open space remain a Wildland-Urban Interface (WUI) environment where response time, access constraints, and fast-changing fire weather can quickly increase incident complexity. Seasonal staffing of Fire Station 8 (Foothills) strengthens initial attack capability and improves coverage for WUI fires and other all-risk incidents during the wildland fire season.
The First Amendment continues the established tri-party operational model with Los Altos Hills County Fire District and the Santa Clara County Fire Department, supporting coordinated regional resource positioning and mutual aid readiness during periods of elevated demand.
Operationally, the program maintains a three-person company at Station 8, with minimum daily coverage and the ability to extend hours when conditions warrant, with staffing provided on a monthly rotation between Palo Alto Fire and Santa Clara County Fire.
Financially, the agreement structure continues cost recovery through partner funding consistent with the amended billing and rate terms, with the City’s role focused on contract administration, Fire Station 8, three-person staffing rotation, and routine station/apparatus maintenance. Amendment extends an existing program and does not change the core service delivery model.
FISCAL/RESOURCE IMPACT
Los Altos Hills County Fire District (LAHCFD) shall continue to provide funding to recover the cost of a three-person fire crew assigned to Station 8 (Foothills) during the wildland firefighting season, consistent with the Agreement as amended. LAHCFD will continue to be billed monthly in accordance with the updated billing provisions in the First Amendment.
The applicable fiscal year budget will be adjusted as necessary to reflect revenue and associated overtime expenditures consistent with historical practice and the amended cost recovery methodology. There are no additional general fund resources required as a result of this amendment other than routine facility and apparatus maintenance.
As previously established, Palo Alto Fire and Santa Clara County Fire will continue to staff Fire Station 8 (Foothills) on a monthly rotation beginning in June and extending through the end of wildland fire season (typically November). County Fire shall continue to be authorized to occupy and use Fire Station 8 (Foothills) during wildland firefighting season solely for the purpose of providing fire protection and related services, consistent with the Agreement as amended.
Item 8
Item 8 Staff Report
Item 8: Staff Report Pg. 2 Packet Pg. 413 of 711
STAKEHOLDER ENGAGEMENT
Because the First Amendment continues an existing, multi-agency operational agreement, stakeholder engagement focused on coordinating implementation details and confirming continued partner participation for the upcoming wildland fire season.
Partner Agency Coordination: Palo Alto Fire Department staff coordinated with the Los Altos Hills County Fire District and the Santa Clara County Fire Department to confirm continued operational interest, staffing rotation expectations, facility use protocols, and cost recovery/billing parameters reflected in the First Amendment.
Operational Readiness / Field Input: Fire operations leadership reviewed the seasonal staffing approach to confirm feasibility, readiness, and alignment with WUI response needs, including initial attack capability and coverage during elevated fire weather conditions.
Public Outreach: No separate public outreach was conducted for this item because it extends an established seasonal service model and does not change public access, service levels, or operational impacts beyond continuing existing practice. The item is being presented on the Consent Calendar consistent with its continuation/administrative nature.
ENVIRONMENTAL REVIEW
Council approval of this First Amendment to the Fire Station 8 staffing Agreement is an administrative action of government to continue an existing operational agreement and does not constitute a project under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A: Station 8 First Amendment to the 2021 Agreement Attachment B: Station 8 2021 Agreement
APPROVED BY:
Stephen Lindsey, Fire Chief
Item 8
Item 8 Staff Report
Item 8: Staff Report Pg. 3 Packet Pg. 414 of 711
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First Amendment to the Agreement Between the Santa Clara County Central Fire Protection District and Los Altos Hills County Fire District and City of Palo Alto
FIRST AMENDMENT TO FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT
BETWEEN
SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT,
LOS ALTOS HILLS COUNTY FIRE DISTRICT, AND
CITY OF PALO ALTO
FOR THE OPERATIONS AND FUNDING OF
FIRE STATION 8
This First Amendment (“First Amendment”) to the Fire and Emergency Medical Services Agreement (“Agreement”) by and between Santa Clara County Central Fire Protection District, a special district (“DISTRICT”), the Los Altos Hills County Fire District, a special district (“LAHCFD”), and the City of Palo Alto, a California municipal corporation and charter city (“CITY”) (each a “Party” and collectively, the “Parties”), shall be retroactively effective as of December 31, 2025.
RECITALS
The following recitals are a substantive portion of this Agreement.
WHEREAS, the Parties entered into the Agreement for the operations and funding of Fire Station 8 on June 8, 2021;
WHEREAS, the Agreement allows the Parties to work in partnership and each contribute resources to staff and utilize Station 8 primarily to improve the wildland firefighting capabilities of the Parties in their respective jurisdictions and bolster regional mutual aid; WHEREAS, the Agreement allows the Parties to jointly exercise their powers to provide fire protection and emergency medical response pursuant to Government Code section 6500, et seq., under the terms and conditions set forth in the Agreement; and WHEREAS, the Parties now desire to amend the Agreement to extend the term and increase funding.
NOW THEREFORE, DISTRICT, LAHCFD, and CITY hereby agree to amend the Agreement as follows:
1. Article 2 (“TERM; EXTENSION”), subsection 2.1 (“Term of Agreement”) shall be deleted and replaced as follows:
“This Agreement shall be effective on the date of full execution by the Parties and shall be effective until December 31, 2026 (‘Initial Expiration Date’).” Docusign Envelope ID: 3B89561E-863B-41FF-AD9B-F4BE8D93DE1B Item 8
Attachment A - Station 8
First Amendment to the
2021 Agreement
Item 8: Staff Report Pg. 4 Packet Pg. 415 of 711
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First Amendment to the Agreement Between the Santa Clara County Central Fire Protection District and Los Altos Hills County Fire District and City of Palo Alto
2. Article 2 (“TERM; EXTENSION”) subsection 2.2 (“Extensions”) shall be deleted and replaced as follows:
“Upon the Initial Expiration Date, this Agreement shall automatically renew on a year-to-year basis for up to four additional one-year terms, commencing on January 1 and ending on December 31 of each such year, unless any Party provides written notice of non-renewal to the other Parties prior to December 1 of each year. Any notice of non-renewal shall be approved by the respective legislative bodies of the Party issuing the notice of non-renewal.”
3. Article 10 (“TERMS OF PAYMENT/FINANCIAL PROVISIONS”), subsection 10.2 shall be amended to add the following language at the end of the subsection:
“The total amount to be funded by LAHCFD for the full term of the Agreement, January 1, 2026, through December 31, 2031, shall not exceed Three Million Two Hundred Thousand Dollars ($3,200,000), including any automatic one-year renewals.
Funding for the January 1, 2026, to December 31, 2026, term of the Agreement shall not exceed Six Hundred Forty Thousand Dollars ($640,000). Funding for each subsequent automatic one-year renewal term shall be allocated calculated pursuant to the method set forth in Exhibit C, such that, in the aggregate, total payments under this Agreement do not exceed Three Million Two Hundred Thousand Dollars ($3,200,000) for the full term of the Agreement.”
4. Except as provided herein, all other terms, conditions, and provisions of the Agreement are unchanged and unaffected by this First Amendment and shall remain in full force and effect.
5. In the event of any conflict between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall control.
6. The Agreement, inclusive of all amendments, constitutes the entire Agreement of the Parties concerning its subject matter and supersedes all prior oral and written agreements, representations and understandings between the Parties concerning such subject matter.
7. This First Amendment may be executed in any number of counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original provided all of the Parties have fully executed the Agreement. Unless otherwise prohibited by law, DISTRICT policy, LAHCFD policy, or CITY policy the Parties agree that an electronic copy of this agreement, or an electronically signed agreement, has the same force and legal effect as the agreement executed with an original ink signature. The term “electronic copy of this agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of the original signed Docusign Envelope ID: 3B89561E-863B-41FF-AD9B-F4BE8D93DE1B Item 8
Attachment A - Station 8
First Amendment to the
2021 Agreement
Item 8: Staff Report Pg. 5 Packet Pg. 416 of 711
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First Amendment to the Agreement Between the Santa Clara County Central Fire Protection District and Los Altos Hills County Fire District and City of Palo Alto agreement in a portable document format. The term “electronically signed agreement” means the agreement that is executed by applying an electronic signature using technology approved by the DISTRICT, LAHCFD, and CITY.
8. By signing below, each signatory warrants and represents that they executed this First Amendment in their authorized capacity, that they have the authority to bind the entity listed below to contractual obligations, and that by their signature on this First Amendment, the entity on behalf of which they acted executed this First Amendment.
SANTA CLARA COUNTY
CENTRAL FIRE
PROTECTION DISTRICT:
Suwanna L. Kerdkaew
Fire Chief
Date
APPROVED AS TO FORM AND
LEGALITY:
Aaron Forbath Date
Deputy County Counsel
[signatures continue on the following pages]
Docusign Envelope ID: 3B89561E-863B-41FF-AD9B-F4BE8D93DE1B 1/28/2026
1/28/2026
Item 8
Attachment A - Station 8
First Amendment to the
2021 Agreement
Item 8: Staff Report Pg. 6 Packet Pg. 417 of 711
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First Amendment to the Agreement Between the Santa Clara County Central Fire Protection District and Los Altos Hills County Fire District and City of Palo Alto
CITY OF PALO ALTO
By: Ed Shikada Date
City Manager
ATTEST:
Mahealani Ah Yun Date
City Clerk
APPROVED AS TO FORM:
Aylin Bilir Date
Assistant City Attorney
[signatures continue on the following page]
Docusign Envelope ID: 3B89561E-863B-41FF-AD9B-F4BE8D93DE1B Item 8
Attachment A - Station 8
First Amendment to the
2021 Agreement
Item 8: Staff Report Pg. 7 Packet Pg. 418 of 711
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First Amendment to the Agreement Between the Santa Clara County Central Fire Protection District and Los Altos Hills County Fire District and City of Palo Alto
LOS ALTOS HILLS COUNTY FIRE DISTRICT
By: Jo Anne Logan Date
General Manager
ATTEST:
Cori Vargas Date
District Clerk
APPROVED AS TO FORM AND
LEGALITY:
Stephanie M. Jackson Date
Deputy County Counsel
Docusign Envelope ID: 3B89561E-863B-41FF-AD9B-F4BE8D93DE1B 1/29/2026
2/2/2026
2/2/2026
Item 8
Attachment A - Station 8
First Amendment to the
2021 Agreement
Item 8: Staff Report Pg. 8 Packet Pg. 419 of 711
1 FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT
BETWEEN
SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT,
LOS ALTOS HILLS COUNTY FIRE DISTRICT, AND
CITY OF PALO ALTO
FOR THE OPERATIONS AND FUNDING OF
FIRE STATION 8
This Fire and Emergency Medical Services Agreement (the “Agreement”) for the operations and funding of Fire Station 8, is made by and among the Santa Clara County Central Fire Protection District, a special district (“DISTRICT”), the Los Altos Hills County Fire District, a special district (“LAHCFD”), and the City of Palo Alto, a California municipal corporation and charter city (“CITY”) (each a “Party” and collectively the “Parties”), with respect to the provision of Fire and Emergency Medical Services.
RECITALS
WHEREAS, CITY provides fire protection and emergency medical services within its municipal boundaries; and
WHEREAS, LAHCFD provides fire protection services within its district boundaries through a fire services contract with the DISTRICT for fire suppression, emergency medical response and associated fire resources; and
WHEREAS, LAHCFD desires to enhance and extend its annual high fire season firefighting capabilities by expenditure of its funds in order to supplement its existing fire services agreement with the DISTRICT to extend to the northern boundaries of its jurisdiction that border Palo Alto and thereby, enhance emergency response times and proximity to areas of high fire danger for its residents, and WHEREAS, pursuant to this Agreement, DISTRICT and CITY are willing to provide their resources, firefighting crews and equipment and enhance services at the northern boundaries of LAHCFD and CITY, and LAHCFD is willing to expend funds for the services provided in this Agreement; and
WHEREAS, CITY owns Fire Station Number 8, (“Station 8”) located in the Palo Alto Foothills Park at 3300 Page Mill Road, adjacent to the boundary of the LAHCFD, and for a period of time commencing in 1992, LAHCFD had participated with CITY to exercise jointly their powers to provide fire protection and emergency medical response during the summer and high fire season months by staffing Station 8 for wildland firefighting; and WHEREAS, Station 8’s location is advantageous to the strategic needs of the Parties relative to the rapid deployment of, including but not limited to, apparatus and equipment, resources, and proximity to mobilize emergency responses by housing fire crews for wildland firefighting; and
WHEREAS, the Parties have contemplated the current availability of resources. i.e., facilities, personnel, equipment, risks/call response types, agency/system benefits and sustainability considerations in order to provide life safety and property protection during summer and high fire season months; and
DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Approved: 06/08/2021
Item 8
Attachment B - Station 8
2021 Agreement
Item 8: Staff Report Pg. 9 Packet Pg. 420 of 711
2 WHEREAS, the Parties desire to work in partnership and each contribute resources to staff and utilize Station 8 primarily to improve the wildland firefighting capabilities of the Parties in their respective jurisdictions and bolster regional mutual aid; and WHEREAS, the Parties therefore desire to jointly exercise their powers to provide fire protection and emergency medical response pursuant to Government Code section 6500, et seq., under the terms and conditions set forth below.
NOW THEREFORE, in consideration of the recitals and the mutual obligations of the parties set forth in this Agreement, DISTRICT, LAHCFD, and CITY agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Definitions. For purposes of clarity and consistency, the definitions set forth in Exhibit B hereto shall apply to this Agreement unless the context clearly requires a different meaning.
1.2 The definitions included in the Exhibit B, shall apply to this Agreement unless the Agreement indicates otherwise.
ARTICLE 2
TERM; EXTENSIONS
2.1 Term of Agreement. This Agreement shall be effective on the date of full execution by the Parties and shall be effective until December 31, 2021.
2.2 Extensions. This Agreement shall automatically renew on a year-to-year basis for up to four additional years, unless any Party provides written notice of non-renewal to the other Parties prior to December 1 of each year. Any notice of non-renewal shall be approved by the respective legislative bodies of the Parties issuing the notice of non-renewal.
2.3 Continuing Obligations. The provisions in Sections 2.3 and 6.2.6 and Article 9 shall survive expiration or termination of this Agreement for any reason.
ARTICLE 3
SCOPE OF SERVICES
3.1 Fire Suppression and Protection Services. During wildland firefighting season, which shall be defined as from June 15 to October 31 or as otherwise agreed to in writing by the Parties as weather conditions require (“Wildland Firefighting Season”) DISTRICT and CITY shall jointly provide the following fire suppression and protection services (“Services”) necessary to operate Station 8 for the mutual benefit of the Parties:
3.1.1 During Wildland Firefighting Season, Station 8 shall be staffed by the CITY and the DISTRICT as further specified in this Agreement with a three-person engine company for a minimum of 12 hours per day (generally 8:00 a.m. to 8:00 p.m.), seven days a week, and more hours as reasonably warranted should weather conditions such DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
Attachment B - Station 8
2021 Agreement
Item 8: Staff Report Pg. 10 Packet Pg. 421 of 711
3 as red flag warnings occur subject to agreement of the respective fire chiefs of the CITY and DISTRICT. The engine shall be a Type 3 or Type 6 engine and an all-risk resource and shall include equipment and Advanced Life Support (“ALS”) medical equipment.
As specified below, on a rotating monthly basis, or on a rotation scheduled as determined by the Parties, CITY and DISTRICT personnel shall staff the engine with one fire captain, one engineer and one firefighter or in a three-person crew configuration as determined by the fire chief or his or her designee, of the agency deploying the fire protection services for that duty shift. One crew member will be qualified and accredited in Santa Clara County as a paramedic. The apparatus and personnel assigned to Station 8 will respond to the areas in the CITY, DISTRICT and LAHCFD, adjacent to the Page Mill Road corridor from Skyline Blvd. to Interstate 280, and will be available for mutual aid in accordance with the Santa Clara County Local Fire Service and Rescue Mutual Aid Plan, dated March 5, 1997. Staffing flexibility and schedule rotation shall be accommodated to avoid impacts from agency staffing challenges. Staffing shall be compensated at the respective Parties’ overtime rates of pay in accordance with Article 10.2 and Exhibit C. Staffing and schedule rotation flexibility may be adjusted as reasonably necessary between the DISTRICT and the CITY by approval of the respective fire chiefs or designees to accommodate staffing and operational needs. The responsibility will be with the assigned Party to fill the engine based on the assigned monthly schedule. o Starting as soon as feasible after the effective date of this Agreement and no earlier than June 15, 2021, CITY will staff its Type 3 or Type 6 engine at Station 8.
o Starting July 1, 2021, DISTRICT and CITY shall rotate monthly to staff its Type 3 or Type 6 engine at Station 8. DISTRICT and CITY may make adjustments in the rotating schedule as agreed to in writing by the fire chiefs or designees to provide staffing and operational flexibility. o This monthly staffing and rotation of engine and personnel by agency shall continue through October 31, 2021 but may be extended as needed through the month of November or later following the staffing and rotation model schedule below:
June-CITY
July-DISTRICT
August-CITY
September-DISTRICT
October-CITY
November-DISTRICT
CITY and DISTRICT shall retain the obligation to provide all salary and employee benefits required by contract or by law (including workers compensation benefits) for their respective employees assigned under this Agreement. Each employee assigned under this Agreement shall be subject to their respective agency’s personnel rules, regulations, and processes, as well as any labor contract provisions applicable to that employee. No personnel performing any part of this Agreement shall be deemed to be employees, agents or contractors of LAHCFD.
DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
Attachment B - Station 8
2021 Agreement
Item 8: Staff Report Pg. 11 Packet Pg. 422 of 711
4 3.2 Dispatch Communications. County Communications shall be primarily responsible for dispatch of Station 8 resources under this Agreement, subject to cooperation between the Parties based upon the operational needs of the Parties.
ARTICLE 4
4.1 Reserved.
ARTICLE 5
SERVICE LEVELS, STANDARDS OF PERFORMANCE
5.1 Standard of Performance. DISTRICT and CITY shall perform all services required under this Agreement in a manner and according to the standards observed by competent fire personnel providing equivalent services. All products of whatever nature and all services shall be prepared and provided in a professional manner.
ARTICLE 6
REAL PROPERTY
6.1 Real Property Defined. As used in this section, the term “Real Property” shall mean that land and improvements situated thereon consisting of the Station 8 fire station and appurtenances thereto owned by CITY, as described in that document entitled “CITY Real Property Schedule,” attached hereto as Exhibit A, and incorporated by reference herein.
6.2 Real Property.
6.2.1 CITY shall make available to DISTRICT all documentation regarding manufacturers warranties, invoices and product information (such as owner’s manuals, operation and maintenance records) pertaining to all appliances and systems in place in Real Property.
6.2.2 Subject to the terms and conditions contained in this Section, DISTRICT shall be authorized to occupy and use CITY’s Real Property at no cost, other than as specified herein, during Wildland Firefighting Season, solely for the purpose of providing fire protection and other related services from the effective date of this Agreement and during such time as this Agreement remains in effect.
6.2.3 DISTRICT, and CITY shall occupy and use the Real Property as a fire station for the housing of fire crews, emergency medical personnel, fire apparatus, and equipment unless CITY consents to the use thereof for other purposes.
Said Real Property may also be used for miscellaneous incidental purposes related to the performance of fire prevention and suppression services, such as, storage of surplus equipment or materials and supplies, repair shops, administrative offices and staff training centers.
DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
Attachment B - Station 8
2021 Agreement
Item 8: Staff Report Pg. 12 Packet Pg. 423 of 711
5 6.2.4 All personnel assigned to the facility shall keep the premises in a safe, neat and clean condition. All personnel shall also maintain in good working order, and meet and confer to replace when necessary, all CITY-owned furnishings, appliances, and fixtures. DISTRICT agrees not to remove any CITY-owned furnishings, appliances, or fixtures from the Real Property, except with the prior written approval of CITY.
6.2.5 All personnel assigned to the facility shall maintain in good condition and repair the grounds surrounding the premises, the walls, ceiling, floors, vegetation, sidewalks, driveways and other structural components of the premises, the plumbing, heating and cooling systems, electrical conduits, outlets, switches and emergency generators. Repairs will be performed promptly according to code.
6.2.6 CITY shall be responsible for any and all repairs and/or replacement, and maintenance of fuel tanks at the fire station listed in Exhibit A. CITY shall retain any and all rights of ownership in said fuel tanks. CITY shall be fully responsible for any and all clean-up costs associated with fuel tanks on the premises prior to, during, and after DISTRICT’S use of the fire station listed in Exhibit A. CITY shall not be responsible for contamination caused by DISTRICT, as determined by a court of competent jurisdiction, including but not limited to, costs for cleanup, response, removal, remediation, administrative oversight, criminal or civil penalties, and attorney fees and costs. Where contamination is from a joint cause there shall be joint liability to the extent such liability is not severable and/or apportionable. This section shall survive the termination of this Agreement.
6.2.7 In the event that any of the Real Property is for any cause destroyed or damaged beyond repair by DISTRICT personnel or their agents, to the extent such destruction or damage is caused by DISTRICT’s personnel or agents, DISTRICT shall within a reasonable time replace same with improvements and facilities of the same kind and purpose, and of at least the same quality, size and capacity as those damaged or destroyed.
6.2.8 Except as otherwise provided by this Agreement, DISTRICT shall not lease, sublease or otherwise assign its right to use the Real Property to any other party or permit any other party to permanently or temporarily occupy or use the Real Property, or assign its right to perform services under this Agreement without the written consent of CITY. Likewise, CITY shall not lease, sublease or otherwise assign its rights to use the Real Property to any other party to permanently or temporarily occupy or use the Real Property without the written consent of DISTRICT and LAHCFD. No successor in interest of DISTRICT shall be vested with any right to use the Real Property under this Agreement without the written consent of CITY.
6.3 Identity of Fire Station. The Parties mutually agree that the retention of community identity is important to all agencies, and therefore, Station 8 shall continue to be identified as CITY station and may also be identified with the logos of the Parties as determined by CITY, and the apparatus stationed DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
Attachment B - Station 8
2021 Agreement
Item 8: Staff Report Pg. 13 Packet Pg. 424 of 711
6 therein shall bear the name of the agency providing the apparatus in use by its personnel.
ARTICLE 7
VEHICLES AND EQUIPMENT
7.1 Apparatus and Equipment. DISTRICT and CITY shall provide at their sole respective expense, the Type 3 or Type 6 fire engine located at Station 8 during their respective monthly rotation. Except as otherwise provided in this Agreement, the engine shall also be available to respond as part of the mutual aid system as requested and approved by the Operational Area Coordinator. The engine shall be an all-risk resource and shall include equipment and Advanced Life Support (ALS) medical equipment. It shall be equipped to respond to a variety of emergencies, including but not limited to medical emergencies, rescues, wildland fires, and structure fires.
ARTICLE 8
RECORDS RETENTION
8.1 Record Retention and Storage. In accordance with all applicable laws and local policies, each Party shall retain ownership of its own fire service records. The Parties agree to grant access to, share and exchange records as needed, in compliance with applicable federal, state, and local laws and policies concerning data protection and privacy. No Party may destroy another Party’s records without written permission.
Notwithstanding anything to the contrary, the CITY and DISTRICT shall retain all records related to this Agreement for a period five (5) years after termination or expiration of this Agreement. CITY and DISTRICT shall promptly provide any and all such records to LAHCFD upon request.
ARTICLE 9
INSURANCE, INDEMNITIES AND RELATIONSHIPS OF THE PARTIES
9.1.1 Insurance Required. CITY and DISTRICT shall maintain self-insurance or commercial coverage during all periods this Agreement is in effect to provide comprehensive general liability insurance and property insurance to enable it to meet all contractual obligations herein. The CITY and DISTRICT’s comprehensive general liability insurance or any future self-insurance program shall provide minimum coverage of five million dollars ($5,000,000) if commercially available. Certificates of insurance evidencing ongoing coverage shall be mutually provided to each Party’s risk manager annually on the anniversary date of this Agreement. Each Party shall be given thirty (30) days advance notification of any material changes, cancellations or anticipated lapses in coverage from each other Party including, but not limited to, policy limits and deductibles. Any significant changes in coverage shall be subject to approval by the other Parties.
9.1.2 CITY and DISTRICT shall each maintain its current workers’ compensation selfinsurance program or shall at all times maintain workers’ compensation insurance in an amount to comply with California statutory requirements. Each Party (CITY or DISTRICT or both) with assigned personnel shall be responsible for any and all DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
Attachment B - Station 8
2021 Agreement
Item 8: Staff Report Pg. 14 Packet Pg. 425 of 711
7 workers’ compensation claims arising solely out of an industrial accident or incident to the extent an incident occurred prior to the effective date of this Agreement.
9.2 Indemnities and Relationships of the Parties
9.2.1 CITY’s and/or DISTRICT’s Fire Station Number 8 personnel shall not be considered to be either general or special employees of LAHCFD, or agents or contractors of LAHCFD, for any purposes, including the workers' compensation laws.
9.2.2 Except as otherwise provided for in this Agreement, and notwithstanding the provisions of Government Code Section 895.2, DISTRICT and CITY shall mutually defend, indemnify, and hold harmless each other and their respective officers, agents, employees and representatives from any and all losses, liability, damages, claims, suits, actions and administrative proceedings, and demands and all expenditures and cost relating to acts or omissions of the indemnitor, its officers agents or employees arising out of or incidental to the performance of any of the provisions of this Agreement, including, but not limited to, claims alleging intentional or negligent acts or omissions, willful misconduct, or violations of state or federal civil rights laws.
Parties do not assume liability for the acts or omissions of persons other than their respective officers, employees, and agents. In the event of the concurrent negligence of the DISTRICT and CITY, or the officers, agents and/or employees of multiple Parties, then the liability for any and all claims for injuries or damages which arise out of the performance of this Agreement shall be apportioned under California’s theory of comparative fault as presently established or may be hereafter modified.
Notwithstanding the provisions of Government Code Section 895.2, to the fullest extent permitted by law, and in recognition of LAHCFD’s sole role as the funder of services under this Agreement, CITY and/or DISTRICT shall defend (with counsel reasonably approved by LAHCFD), indemnify and hold harmless the LAHCFD, the LAHCFD Board of Commissioners, members of the LAHCFD Board of Commissioners, the LAHCFD’s employees, representatives, agents and volunteers from any and all suits, damages, costs, fees, claims, demands, causes of action, liabilities, losses expenses, damage or injury of any kind, in law or equity, to property or persons, including wrongful death and financial losses (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of, CITY and/or DISTRICT’s officers, assistants, subcontractors, employees or agents in connection with the performance of Services or this Agreement.
9.2.3 This Agreement is entered into solely for the mutual benefit of the signatory parties and not for the benefit of any resident or other person or entity. No person or entity not a party hereto shall have any right to enforce this Agreement or bring any action as a consequence of this Agreement arising out of a failure or omission on the part of any of the Parties to provide the Services described herein.
9.2.4 This Agreement shall supplement and shall not supplant or reduce the scope of any agreements or arrangements between the Parties for automatic aid or mutual aid or otherwise, including but not limited to LAHCFD’s existing fire services agreement with DISTRICT, in emergencies requiring fire suppression or first responder medical care into the areas of LAHCFD covered by this Agreement.
DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
Attachment B - Station 8
2021 Agreement
Item 8: Staff Report Pg. 15 Packet Pg. 426 of 711
8 9.2.5 This Agreement shall not be construed to create any separate joint powers entity under the provisions of Government Code §6500, et seq. Notwithstanding the provisions for allocation of loss or liability provided therein, the provisions of this Agreement for loss allocation shall govern.
ARTICLE 10
TERMS OF PAYMENT/FINANCIAL PROVISIONS
10.1 Wildland Firefighting Season Operating Costs. Except as otherwise provided in this Agreement, the Parties agree that the amount provided in this Article shall be sufficient to cover all expenses associated with providing comprehensive fire and emergency medical services including, but not limited to staffing, supplies, services, capital outlay, vehicle and equipment maintenance and amortization, and communications.
10.2 LAHCFD shall provide funding to pay for a three-person fire crew at overtime rate of pay while on duty assignment at Station 8 during the Wildland Firefighting Season as described in Section 3.1.1 (i.e.,12 hours per day 7 days per week) above at the published California Office of Emergency Services overtime salary rates (1.5 times of salary) for each of the above-described positions of CITY and DISTRICT respectively. LAHCFD shall pay no additional costs and no costs associated with, including but not limited to, administration, management including battalion chief and other staffing, overhead fees, station costs and/or engine equipment costs. Due to the unpredictability and severity of weather conditions and/or wildland fire events, additional staffing hours, beyond the core staffing hours for Station 8, as described above in this paragraph, are anticipated. These additional funds shall be allocated as agreed to by the Parties. The total not to exceed amount (“Not to Exceed Amount”) for costs for the 2021 Wildland Firefighting Season to be funded by LAHCFD shall be $558,000 as calculated pursuant to the method set forth in the attached Exhibit C unless this paragraph is amended by the Parties. Parties also anticipate amending this Agreement, including this Section 10.2, as necessary to reflect funding amounts for Wildland Firefighting Seasons beyond 2021. To the extent a grant and/or other external funding source is obtained to pay for or to offset the cost of staffing Station 8 pursuant to this Agreement, LAHCFD shall be reimbursed and/or excused from paying in an amount equal to the grant and/or external funding source obtained.
However, funds expended by LAHCFD will be only for payment of actual staff hours worked as described in the paragraph above and Exhibit C.
10.3 DISTRICT and CITY shall invoice LAHCFD monthly based on services provided and shall provide timesheet records to substantiate amounts invoiced. LAHCFD shall make payments within thirty (30) days of receipt of the invoice. If an amendment to Exhibit C is required for payments, LAHCFD may be required to delay payment by a reasonable time period to allow for any necessary amendments. //
//
DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
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9 ARTICLE 11
TERMINATION
11.1 Termination for Cause. Without limiting any other remedy that may be available, this Agreement may be terminated for a material breach after giving the breaching Party notice and a reasonable opportunity to cure as stated in Section 12.1.
11.2 Termination without Cause. Any Party may terminate this Agreement without cause by providing a notice of non-renewal as provided in Section 2.2 above.
11.3 Duties Upon Termination. In the event of termination, and in accordance with all applicable laws, all Parties shall retain ownership of their respective fire service records. However, this ownership shall be subject to retention and production provisions specified in Section 8.
11.4 Payment upon Termination. DISTRICT and/or CITY shall meet and confer and shall rebate to LAHCFD any payment for services not received, and DISTRICT and/or CITY shall pay LAHCFD a pro-rated amount for all days not constituting a full pay period owed up to and including the date of termination, but in no event shall LAHCFD pay for any days or months of personnel services rendered as required in Section 10 of this Agreement subsequent to the termination date, except as by written agreement for extension of the Wildfire Firefighting Season. Acceptance of the final payment as described in this paragraph to LAHCFD shall constitute a complete accord and satisfaction between the Parties, solely as to the issue of payments of services on termination.
ARTICLE 12
DISPUTE RESOLUTION
12.1 Mediation. At any time during the term of this Agreement, the Party aggrieved by a material breach may give written notice describing the breach to the Party responsible. Upon receipt of the written notice, the Party responsible shall respond within ten (10) working days in writing with a detailed action plan summarizing the Party’s position on any pertinent issue and how the Party will correct the problem. If the dispute is not resolved within thirty (30) days of the date on which the action plan is sent, the Parties will explore submission of the issue to mediation. If the foregoing processes fail to fully resolve the dispute, the Parties may pursue all remedies available to them in law or equity.
12.2 Governing Law. California law shall govern this Agreement and the interpretation thereof.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 Incorporation of Exhibits. This Agreement incorporates each of the exhibits by reference.
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10 13.2 Assignment. Except as expressly provided herein, CITY, LAHCFD, and DISTRICT shall not assign, delegate, subcontract, grant, or encumber any right, duty or interest, in whole or in part, in or of this Agreement.
13.3 Notices. All notices, demands or other writings to be given, made, or sent pursuant to this Agreement or which may be given or made or sent, by any party to this Agreement to another (other than routine correspondence between the parties), shall be deemed to have been fully given, made or sent when put in writing and delivered personally or mailed by first class certified return receipt mail, addressed to the respective parties as follows:
To CITY: CITY MANAGER
Palo Alto City Hall
250 Hamilton Avenue
Palo Alto, CA 94301
To DISTRICT: FIRE CHIEF
14700 Winchester Boulevard
Los Gatos, CA 95032
To LAHCFD: General Manager
P.O. Box 1766
Los Altos, CA 94023-1766
The address to which any notice, demand or other writing may be given or made or sent to any Party may be changed by written notice given by such Party.
13.4 Compliance with Law. The Parties agree to comply with and abide by all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations which affect this Agreement.
13.5 Covenant of Further Assurances. The Parties agree that subsequent to the execution and delivery of this Agreement, and without any additional consideration, they shall perform such further acts and shall execute such additional documents as are reasonably necessary and appropriate to fulfill the intent of the parties under this Agreement and to affect any necessary corrections thereto (as may be requested from time to time).
13.6 Waiver of Rights. No Party may waive or release any of its rights or interests in this Agreement except in writing. Failure to assert any right arising from this Agreement shall not be deemed or construed to be a waiver of such right. Waiver of any particular right shall not constitute a waiver of any other right under this Agreement.
13.7 Interest in Agreement. This Agreement shall not be deemed or construed to confer upon any person or entity, other than the parties hereto, any right or interest, including, without limiting the generality of the foregoing, any third-party beneficiary status or any right to enforce any provision of this Agreement. //
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11 13.8 Consents. Approvals, and Modifications.
13.8.1 All consents, approvals, interpretations, and waivers relating to this Agreement shall bind a Party only when executed by such Party’s Authorized Representative. CITY’s Authorized Representative shall be its City Manager; and DISTRICT’s shall be its Fire Chief and LAHCFD’s shall be its General Manager. Agents expressly authorized in writing by said City Manager, and/or Fire Chief, and/or General Manager shall also be Authorized Representatives.
Modification of this Agreement may occur only in writing upon the mutual consent of the Parties.
13.8.2 The City Manager is authorized to approve minor modifications to this contract on behalf of CITY, provided such modifications do not significantly affect the scope of services or compensation. The Fire Chief is authorized to approve minor modifications on behalf of DISTRICT provided such modifications do not significantly affect the scope of services or compensation. The General Manager is authorized to approve minor modifications to this contract on behalf of LAHCFD provided such modifications do not significantly affect the scope of services or compensation. A “minor modification” for the purpose of this section is one that is necessary as a result of a potential threat to public safety and the lack of the timely ability to obtain proposed changes’ approval from the legislative bodies of the Parties.
13.9 Entire Agreement. This Agreement constitutes the entire understanding and agreement between these Parties; and no other agreement, statement, or promise made by any Party, or any employee, officer, or agent of any Party which is not contained in this Agreement is binding or valid.
13.10 Successors in Interest. This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the Parties.
13.11 Severability. Should any part, term, portion, or provision of this Agreement be deemed to be in conflict with any law of the United States or of the State of California, or otherwise found to be unenforceable or ineffectual by a court of competent jurisdiction, the validity of the remaining terms, parts, portions, or provisions shall be deemed severable and shall not be affected, provided such remaining portions or provisions can be construed in substance to constitute the Agreement.
13.12 Nondiscrimination. Each Party and every subcontractor shall comply with the provisions of the California Fair Employment and Housing Act, California Government Code section 12900 et. seq. and Title VII, 42 United States Code, Section 2000e et seq. and any amendments thereto. This Agreement may, at the option of any Party, be terminated or suspended in whole or in part in the event the other Party fails to comply with this nondiscrimination provision in accordance with the termination provisions.
13.13 Counterparts/Electronic Signature. This Agreement may be executed in counterparts.
Unless otherwise prohibited by law or DISTRICT policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same DocuSign Envelope ID: 0CD3DFEA-1FDC-49DA-8556-504ED7F9C113 DocuSign Envelope ID: F8FE18A6-D53D-4321-BC77-001FA9DBCD54 Item 8
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13 CITY OF PALO ALTO
_____________________________
By: ED SHIKADA
City Manager
ATTEST:
__________________________________
BETH MINOR
City Clerk
APPROVED AS TO FORM:
__________________________________
TERENCE HOWZELL
Chief Assistant City Attorney
LOS ALTOS HILLS COUNTY FIRE DISTRICT
_______________________
MARK WARREN, President
Board of Commissioners of Los Altos Hills County Fire District ATTEST:
Date: ________________________
CORI VARGAS
District Clerk
APPROVED AS TO FORM AND LEGALITY:
_________________________
STEVE MITRA
Assistant County Counsel
Exhibits:
Exhibit A: City Real Property Schedule
Exhibit B: Definitions
Exhibit C: Staffing Costs
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14 EXHIBIT A
CITY REAL PROPERTY SCHEDULE
Fire Station
City of Palo Alto
Palo Alto Station 8 at Foothills Park
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EXHIBIT B
Definitions
Emergency Management
Emergency Management is an ongoing process to prevent, mitigate, prepare for, respond to, and recover from an incident that threatens life, property, operations, or the environment.
Real Property
The term "Real Property" shall mean that land and improvements situated thereon consisting of fire stations and appurtenances thereto owned by the CITY as described in that document entitled "CITY Real Property Schedule," attached hereto as Exhibit "A," and incorporated by reference herein.
Apparatus and Equipment
Shall mean the vehicles and tools required to perform the services and duties required by this contract, including, but not limited to, fire engines, ladder trucks, rescue units, command vehicles, pick-up trucks, sedans, ladders, fire hose, nozzles, breathing apparatus, and specialized rescue tools.
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EXHIBIT C
Method of Calculating Costs to be Paid by LAHCFD
I. The core staffing component of the Not to Exceed Amount is calculated by number of days of assignment that includes seven (7) days per week, at a twelve (12) hour shift per day for a three (3) member fire crew at a published Cal OES pay rate calculated at overtime pay for each position (“Base Amount”) for each agency. Pay rates shall be adjusted if Cal OES published rates for that pay period are adjusted.
II. Also to be included in the Not to Exceed Amount are additional hours and days beyond the core staffing described in I above. Additional hours and days are necessary to provide additional staff for high fire dangers that occur as a result of red flag warnings, weather conditions, surrounding fires, and other emergencies that cause threat of a wildland fire. Additional staffing for these events shall be determined by the agency fire chief whose fire crew is on duty at time of the event and/or conditions necessitating staffing above the core staffing. LAHCFD and the fire chief whose fire crew is not on duty will be notified as soon as feasible. The Parties must agree in writing for continuation of the additional staffing once it is feasible for the Parties to confer.
III. LAHCFD’s total funding contribution shall not exceed the Not to Exceed Amount reflected in the Agreement, Section 10.2, as the Agreement is from time to time amended. The Parties shall keep each other apprised of the usage of LAHCFD funds to ensure that any necessary amendment to the Agreement may be timely made.
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Public Works
Meeting Date: March 2, 2026
Report #:2602-5985
TITLE
Review the 2024 Greenhouse Gas Inventory and S/CAP Key Performance Indicators Annual Progress Report, and Approve the 2026-2027 S/CAP Work Plan and Receive Six S/CAP Studies Recommended by the Climate Action and Sustainability Committee; CEQA Status: Review GHG Inventory and Key Performance Indicators: Not a Project; Potential Environmental Impacts of the S/CAP Work Plan were Studied in the June 5, 2023 S/CAP Addendum to the 2017-2031 Comprehensive Plan EIR; this Project is also Exempt Pursuant to CEQA Guidelines Section 15183
RECOMMENDATION
Staff recommends that the City Council:
1. Review the 2024 Citywide and Municipal Greenhouse Gas Emissions Inventories; and
2. Review the Sustainability and Climate Action Plan (S/CAP) Key Performance Indicators Annual Progress Report for calendar year 2024.
The Climate Action and Sustainability Committee and staff recommend that the City Council:
3. Approve the 2026-2027 S/CAP Work Plan; and
4. Receive the following studies:
a. S/CAP Funding and Financing Study;
b. S/CAP Funding Source Survey;
c. EV Charger Needs Assessment; and
Single-family, Multi-family, and Non-Residential Building Sector Studies.
EXECUTIVE SUMMARY
This staff report presents the Palo Alto Citywide and Municipal GHG Emissions Inventories for calendar year 2024, a historical comparison of Citywide GHG Inventories, the Sustainability and Climate Action Plan (S/CAP) Key Performance Indicators (KPI) Annual Progress Report for calendar year 2024, and the Climate Action and Sustainability Committee recommended priorities for the 2026-2027 Sustainability and Climate Action Plan Work Plan.
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In addition, the Climate Action and Sustainability Committee is recommending the City Council’s receipt of six studies that were attached to and summarized in the staff report for the December 13, 2025 Climate Action and Sustainability Committee (CASC) workshop on electrification funding and financing strategies. These studies document the work done to develop models and data for City staff and policy makers to use to support strategic decisionmaking about community-scale electrification funding, financing, and program design. They also include insights about the financial dynamics of community-scale electrification based on three illustrative scenarios analyzed. One key insight surfaced is that if the City were to rely on upfront incentives available to all community members as a way to achieve its goals, it would result in City expenses that exceed currently available resources for climate action. This points to the need for new strategies and additional modeling. Staff intends to use these tools and data throughout 2026 and 2027 to support strategic planning efforts under 2026-2027 S/CAP Work Plan item C13 (Develop Funding and Financing Strategies for Consideration) and to model different strategies and scenarios for community-wide electrification.
The City has made significant strides in implementing the Sustainability and Climate Action Plan (S/CAP) to meet its sustainability goals, including its goals of reducing greenhouse gas (GHG) emissions 80% below 1990 levels by 2030 (the “80 x 30” goal) and achieving carbon neutrality by 2030. By 2024, Palo Alto reduced total citywide GHG emissions 50.2% from the 1990 baseline, despite a population increase of 22% during that same time period. This is a 4% reduction from 2023, when GHG emissions reductions were 48.3%. For municipal operations, in 2024 the City emitted a total of 14,590 MT CO2e, which is a slight reduction from 2023, and roughly a 64% reduction from the 2005 baseline, although an equivalent comparison cannot be made due to significant changes in methodology.
The City has reached the end of its 2023-2025 S/CAP work planning period. The 2023-2025 S/CAP Work Plan guided S/CAP Implementation with 77 work items, of which 27 focused on sustainability and 50 on climate action. The proposed 2026-2027 S/CAP Work Plan includes 28 strategies focused on Climate Action, 16 strategies focused on Sustainability, and 3 strategies for overall S/CAP Communications for all areas of the S/CAP.
BACKGROUND
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In June 2023, City Council adopted the 2022 Sustainability and Climate Action Plan (S/CAP),2 certified the Comprehensive Plan Environmental Impact Report Addendum: Update to the Sustainability and Climate Action Plan,3 and accepted the 2023-2025 S/CAP Work Plan.4 The S/CAP aligns with several goals of the 2030 Comprehensive Plan Implementation plan, as well as the City Council 2025 Priority Area ”Climate Action and Adaptation, & Natural Environment Protection”.5,6
Both the Palo Alto Citywide and Municipal GHG Emissions Inventories calculate emissions for calendar year 2024. As a result of various City-led initiatives, programs, and activities focused on sustainability and climate action, by the end of 2024 Palo Alto reduced total citywide greenhouse gas (GHG) emissions 50.2% from the 1990 baseline, despite a population increase of 22% during that same time period. Due to changes in methodology, it is not possible to do an equivalent comparison of the 2024 Municipal GHG Inventory with previous inventories.
However, by the end of 2024 the City reduced total municipal GHG emissions roughly 64% from the 2005 baseline.
Due to delays associated with the COVID-19 pandemic, the 2019 GHG inventory was not completed until 2021. Previous GHG inventories were all completed by the following calendar year. Staff and external experts worked to complete both the 2023 and 2024 GHG inventories in 2025 to provide more timely reporting on the City’s progress towards the 80 x 30 and carbon neutrality goals. While this report focuses on the 2024 GHG inventory, new data from the 2023 GHG inventory is also included in figures, tables, and attachments. In addition, staff and external experts updated the 1990 Citywide GHG inventory to align with the methodology used for the 2019 through 2024 Citywide GHG inventories. This allows for a more equivalent comparison between the inventories.
The City has reached the end of its 2023-2025 S/CAP work planning period. The 2023-2025 S/CAP Work Plan guided S/CAP Implementation with 77 work items, of which 27 focused on sustainability and 50 on climate action.
Staff developed a proposed 2026-2027 S/CAP Work Plan to continue progress towards achieving the S/CAP goals. Development of the 2026-2027 S/CAP Work Plan aligns with one of 2 2022 Sustainability and Climate Action Plan;
https://www.cityofpaloalto.org/files/assets/public/v/1/sustainability/reports/2022-scap-report_final.pdf 3 Comprehensive Plan Environmental Impact Report Addendum: Update to the Sustainability and Climate Action Plan, 2023; https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendasminutes/city-council-agendas-minutes/2023/2023comprehensive-plan-environmental-impact-report-addendumupdate-to-the-scap.pdf 4 2023-2025 S/CAP Workplan, 2023;
https://www.cityofpaloalto.org/files/assets/public/v/1/sustainability/reports/2023-2025-scap-work-plan_final.pdf 5 2030 Comprehensive Plan; https://www.cityofpaloalto.org/Departments/Planning-DevelopmentServices/Housing-Policies-Projects/2030-Comprehensive-Plan 6 City Council, May 5, 2025; Agenda Item #8; SR #2504-4466, https://portal.laserfiche.com/Portal/DocView.aspx?id=170163&repo=r-704298fc Item 9
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the four Council Priorities for CY 2025: Climate Action and Adaptation, and Natural Environment Protection, and fulfills Council Priority Objective CA 23 - Develop and obtain Council approval for strategies and a 2026/2027 work plan for the next phase of S/CAP implementation of climate and sustainability goals. At the January 9, 2026 Climate Action and Item 9
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Sustainability Committee meeting, the Committee received an update on the status of the 2023-2025 S/CAP Work Plan and discussed the recommended priorities for the 2026-2027 S/CAP Work Plan.11 The Committee voted unanimously, inclusive of staff and committee consensus modifications, to recommend that the City Council approve the work plan.
Council recognized the importance of developing a long-term financial strategy as part of S/CAP implementation in the 2023–2025 Work Plan, which included initiation of an S/CAP Funding Study to explore potential funding and financing sources, as well as several complementary studies (an EV Charger Needs Assessment, studies of electrification opportunities in multifamily and non-residential buildings, and a Funding Source Survey).
The City issued a Request for Proposals for these studies in August 2023 and retained a consultant team - Willdan, E3 (a Willdan company), and Rincon - to complete them.12 This model and its input studies – including assessments of gas equipment in single-family, multifamily, and non-residential buildings, an Electric Vehicle (EV) charger needs assessment, and a survey of funding sources – provide data to evaluate different electrification rollout scenarios and their financial implications.
ANALYSIS
The City is committed to a sustainable future. The City owns, operates, and maintains a fullservice utilities portfolio that provides electric, natural gas, fiber, water, refuse, and wastewater services to residents and businesses in Palo Alto. Palo Alto’s continued leadership in advancing sustainability commitments has succeeded mainly because of the continued collaboration of community stakeholders, City departments, and the leadership of the City Council.
This report presents a 2026-2027 S/CAP Work Plan to continue the City’s progress on sustainability and emissions reduction, a 2024 update to the Citywide and Municipal GHG Emissions Inventories showing progress to-date, and asks the City Council to receive six reports related to the S/CAP Funding Study that provide data and a modeling framework that will be used for policy discussions on funding community-wide electrification through 2026 and 2027.
Starting with the 2019 Citywide GHG Emissions Inventory, the City followed the calculation and reporting standards outlined in the Global Protocol for Community-Scale GHG Emissions Inventories (GPC). However, the 1990 Citywide GHG Emissions Inventory followed a different methodology, and did not include several emissions sources, including: Airport Emissions, OffRoad Vehicles and Equipment, Caltrain Commuter Rail, Composting, Palo Alto Landfill Gas Flaring, and Wastewater Biosolid Treatment. Staff and external experts corrected this error and the 1990 Citywide GHG Emissions Inventory now follows the same GPC Protocol used in the 11 Climate Action and Sustainability Committee, January 9, 2026; Agenda Item 1; SR #2507-5027, https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=18309 12 City Council, January 16, 2024; Agenda Item #4; SR #2308--1939, https://portal.laserfiche.com/Portal/DocView.aspx?id=70170&repo=r-704298fc Item 9
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2019 through 2024 Citywide GHG Emissions Inventories. Historical comparisons are now more equivalent and provide a clearer picture of the City’s sustainability and climate action progress.
Palo Alto’s 2024 Citywide Greenhouse Gas Emissions Inventory In 2024, Palo Alto emitted an estimated 397,791 metric tons (MT) of carbon dioxide equivalent (CO2e) from the residential, commercial, industrial, transportation, waste, water, and municipal sectors. In comparison to the 1990 base year emissions (which have increased to 798,868 MT from the previously calculated 780,119 MT due to corrections in methodology and additions of excluded emissions sources), these emissions represent a 50.2% decrease in total community emissions, despite a population increase of 22% during that same period. Emissions in 2024 equated to 5.9 MT per capita. The California Air Resource Board’s 2017 Scoping Plan Update recommends a goal for local governments of 6 MT CO2e per capita by 2030 and 2 MT CO2e per capita by 2050.15 In order to achieve 80 x 30, Citywide GHG Emissions need to be at 160,000 MT CO2e (corrected from the previous target of 156,024 MT CO2e).
Of the GHG emissions reductions to date, 46.4% came from providing carbon free electricity for the City’s electricity portfolio, 23.4% from declines in transportation emissions, 16.7% from reduction in natural gas (methane) consumption, 11.5% from declines in solid waste emissions, and 1.9% from declines in wastewater-related emissions.
For citywide GHG emission sources in 2024, 64.1% of GHG emissions were from Transportation and Mobile Sources, 31.9% from Natural Gas (Methane) Use, and the remainder are from other sources. As shown in Figure 1, the two largest categories of emissions are Transportation and Mobile Sources (including On-Road Transportation, Airport Emissions, Off-Road Vehicles and Equipment, and Caltrain Commuter Rail) and Natural Gas (Methane) Use (including Residential, Commercial, and Industrial). The full 2024 Citywide GHG Emissions Inventory can be found in Attachment A.
15 California Air Resources Board 2022 Scoping Plan Appendix D Local Actions, November 2022; https://ww2.arb.ca.gov/sites/default/files/2022-11/2022-sp-appendix-d-local-actions.pdf Item 9
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Figure 1: 2024 Palo Alto Citywide Greenhouse Gas Emissions by Sector As shown in Figure 2, total GHG emissions steadily decreased between 1990 and 2021.
However, emissions increased between 2021 and 2022 and slightly increased between 2022 and 2023. The main driver of the increase in 2022 was On-Road Transportation, in part due to the shift away from pandemic-level (reduced) driving frequency, returning to the office after working from home, and economic recovery. These effects likely continued into 2023 as employers continued to change hybrid work policies and economic and travel activities continued to shift.
GHG emissions from Transportation and Mobile Sources are estimated to have increased slightly (by less than 1%) between 2023 and 2024 but remain 27% lower than 1990 Transportation and Mobile Sources emissions. Within Transportation and Mobile Sources, OnRoad Transportation increased slightly (less than half a percent). However, this estimate is preliminary due to lack of data. Vehicle miles traveled (VMT) data for 2024 were not yet available when the 2024 GHG inventory was prepared. City staff and external experts calculated a preliminary estimate of 2024 VMT by scaling 2023 per capita VMT based on 2024 population for passenger vehicles and service population for commercial vehicles and buses. This estimate reflects demographic growth and may not capture actual VMT trends. The largest increase between 2023 and 2024 within Transportation and Mobile Sources was from Airport Emissions, Item 9
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which increased 22.4% from 2023. The full comparison between GHG inventories can be found in Attachment B.
Figure 2: Palo Alto Citywide GHG Emissions by Sector, 1990 and 2019 – 2024 Of the estimated 64.1% of GHG emissions from Transportation and Mobile Sources in 2024, the majority are attributed to internal combustion engine (ICE) vehicles: 69% of all Transportation and Mobile Sources emissions are attributed to ICE passenger vehicles, 18% to ICE commercial vehicles, and 2% to ICE buses. No emissions are attributed to electric vehicles because all electricity in the City is carbon neutral. Of the remaining Transportation and Mobile Sources emissions, 8% are attributed to Off-Road Vehicles and Equipment (including lawn and garden equipment), 2% to Caltrain Commuter Rail, and 1% to Aviation fuel.
GHG emissions decreased by 4% between 2023 and 2024. This decrease was primarily driven by reductions in Natural Gas (Methane) Use: residential natural gas GHG emissions decreased by
14.2%, commercial by 10.9%, and industrial by 20.1% since 2023. Overall, Natural Gas (Methane) Use GHG emissions in 2024 were 34.5% lower than 1990 levels. Residential and commercial natural gas (Methane) use contributed nearly equally to GHG emissions (44% and 45% of emissions from Natural Gas (Methane) Use, respectively), with a remaining 7% of the emissions attributed to industrial natural gas use.
Palo Alto’s 2024 Municipal Greenhouse Gas Emissions Inventory In 2024, the City emitted a total of 14,590 MT CO2e from municipal operations, which is a slight reduction from 2023. As shown in Figure 3, GHG emissions from Palo Alto’s municipal operations are from five main sectors: Buildings and Other Facilities, Streetlights and Traffic Signals, Wastewater Facilities, City Vehicles and Equipment, and Indirect Emissions. Since the methodology has changed significantly for certain sectors since the first Municipal GHG Item 9
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Inventory was conducted in 2005, it is no longer possible to do an equivalent comparison with previous Municipal GHG inventories. However, the methodologies for Buildings and Other Facilities, Streetlights and Traffic Signals, and City Vehicles and Equipment are similar enough to do rough comparisons for those sectors. By the end of 2024 the City reduced total municipal GHG emissions roughly 64% from the 2005 baseline.
Figure 3: 2024 Palo Alto Municipal Greenhouse Gas Emissions by Sector The largest contributor to municipal GHG emissions, about 37%, is attributed to the Regional Water Quality Control Plant (RWQCP). Since the RWQCP is owned and operated by the City, 100% of GHG emissions are attributed to the City. These GHG emissions include indirect nitrous oxide (N2O) emissions from wastewater effluent (about 95% of total wastewater GHG emissions), process nitrous oxide emissions from the treatment of wastewater without nitrification/denitrification (about 4% of total Wastewater Facilities sector GHG emissions), and natural gas combustion/leakage (about 1% of total Wastewater Facilities GHG emissions).
The second major contributor to GHG emissions is attributed to the Indirect Sources sector, or the City’s Scope 3 sources. These indirect sources account for about 33% of total GHG emissions and include GHG emissions resulting from employee commute mobile combustion (about 44% of the Indirect Emission Sources GHG emissions) and methane emissions resulting from landfilled solid waste (about 56% of the Indirect Emissions Sources GHG emissions).
The third major contributor to GHG emissions includes GHG emissions from natural gas usage in Buildings and Other Facilities (excluding the RWQCP). These GHG emissions accounted for 22% of total GHG emissions and are driven by natural gas combustion (about 97% of Buildings and Item 9
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Other Facilities GHG emissions), and natural gas leakage (about 3% of Buildings and Other Facilities GHG emissions).
The final contributor to GHG emissions includes the City’s vehicle and equipment fleet sector.
Together, these account for about 9% of total GHG emissions and are mainly driven by the City’s on-road vehicle fleet powered by gasoline, renewable diesel, and compressed natural gas (CNG) and off-vehicle/equipment fleet powered by gasoline and diesel. The City’s on-road vehicle fleet makes up about 97% of City Vehicle and Equipment Fleet GHG emissions, while off-road vehicles and equipment make up the remaining 3%.
Since electricity in the City is carbon-neutral, there are no GHG emissions from electricity consumption in City-owned buildings and facilities, streetlight and traffic signals, EVs, or City water-energy consumption.
A comparison of 2005 and 2022 through 2024 Palo Alto Municipal GHG emissions is shown in Figure 4. Overall GHG emissions declined slightly, with about a 5% reduction from 2022 to 2023, about a 1% reduction from 2023 to 2024, and about a total decrease of 6% over the three-year period. For reference only, in 2005 the City emitted a total of 40,499 MT CO2e from municipal operations. The full Palo Alto Municipal Greenhouse Gas Inventory for calendar year 2024 can be found in Attachment C.
Figure 4. Palo Alto Municipal GHG Emissions, 2005 and 2022-2024 The City prioritizes GHG emissions reductions in its municipal fleet. In 2023, the City transitioned from conventional fossil diesel to renewal diesel, which has a roughly 70% lower Item 9
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GHG emissions factor than conventional fossil diesel. Table 1 and Figure 5 show a historical comparison of On-Road Vehicle GHG emissions by City Department.
Table 1: On-Road Vehicle GHG emissions by City Department (MT CO2e) City Department 2022 2023 2024
% of Total in
2024
Administrative Services 8.3 2.8 2.6 0.2%
Community Services 88.9 87.9 93.2 7.4%
Fire 228.9 118.7 118.5 9.3%
Information Technology 2.5 2.4 2.3 0.2%
Planning and Development 18.1 22.2 18.7 1.5%
Police 430 421.7 420.5 33.2%
Public Works 337.8 323.5 274.9 21.7%
Utilities 435.7 328.5 337.4 26.6%
Total MT CO2e 1550.2 1307.6 1268.1 100.0%
Note: Percentages and MT CO2e may not add to the total due to rounding Figure 5: Palo Alto On-Road Vehicle GHG Emissions by City Department Item 9
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Palo Alto’s Progress Toward Carbon Neutrality
Carbon neutrality focuses on balancing the amount of GHGs emitted against the amount of GHGs removed from the atmosphere. The City strives for net zero emissions – reducing GHG emissions as close to zero as possible, then “offsetting” remaining emissions. This is similar to trying to balance a scale. If there are GHG emissions remaining after reduction strategies have been exhausted, “offsets” are used to balance out or get to zero. Offsets are actions, such as carbon sequestration, taken to reduce – or “offset” - the amount of GHGs emitted. Carbon sequestration is the process of capturing and storing atmospheric carbon dioxide. For example, buying into new forest growth to store carbon in trees in one geographic area can offset GHGs emitted in another area.
The City currently purchases carbon offsets to balance emissions from natural gas (methane) use, but the offsets are not included in the Citywide GHG Inventory. These offsets are included, however, for the purpose of estimating progress towards achieving carbon neutrality. As shown in Figure 6, the inclusion of natural gas (methane) carbon offsets results in 66.1% emissions reductions.
Figure 6: 2024 Progress Toward Carbon Neutrality
Palo Alto in Context
The City aims to lead by example in its climate goal setting and progress. Palo Alto is among the most ambitious cities in California in carbon neutrality goals: in a review of cities engaged in the Green Cities California coalition, only four aim to achieve carbon neutrality by 2030 (Palo Alto, Item 9
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Half Moon Bay, Menlo Park, and Watsonville). Many cities’ targets cannot be compared directly because of different baseline years. Table 2 displays the emission reduction targets of surveyed cities using the same baseline year as Palo Alto (1990).
Table 2: Comparison of Select Greenhouse Gas Emission Reduction Targets City Reduction Target Reduction Target Year Baseline Year Palo Alto 80% 2030 1990
Santa Monica 80% 2030 1990
Watsonville 80% 2030 1990
Cupertino 66% 2030 1990
Belmont 40% 2030 1990
Beverly Hills 40% 2030 1990
San Mateo 45% 2030 1990
Irvine* 90% 2040 1990
Santa Barbara 100% 2035 1990
*The City Council of Irvine has not ratified their climate action plan.
Most cities have reduced their emissions by less than half their target reduction percentage, and seven of the 21 surveyed cities have reduced emissions by less than 20% compared to their baselines (ranging between 1990 and 2016). Three of the surveyed cities have achieved reductions of more than 30%, as shown in Table 3.
Table 3: Greenhouse Gas Emission Reductions of Surveyed Cities City Reduction Target Baseline Year GHG Inventory Year GHG Reduction Cities with 1990 baseline year
Palo Alto 80% by 2030 1990 2024 50%
Santa Monica 80% by 2030 1990 2023 54%
Santa Barbara 100% by 2035 1990 2019 15%
Belmont 40% by 2030 1990 2023 15%
Beverly Hills 40% by 2030 1990 2019 8%
Burbank 40% by 2030 1990 2022 6%
San Mateo 45% by 2030 1990 2023 1%
Irvine* 90% by 2040 1990 No data No data
Watsonville 80% by 2030 1990 No data No data
Cities with other baseline years
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Sunnyvale 56% by 2030 2008 2023 37%
Berkeley 100% by 2045 2000 2023 41%
Hayward 55% by 2030 2005 2023 35%
Millbrae 49% by 2030 2005 2023 30%
Menlo Park 90% by 2030 2005 2023 27%
Half Moon Bay 40% by 2030 2005 2023 27%
Brisbane 66% by 2030 2005 2023 16%
Santa Barbara 100% by 2035 1990 2019 15%
Belmont 40% by 2030 1990 2023 15%
Solana Beach 85% by 2045 2016 2018 9%
Mountainview 80% by 2050 2005 2019 14%
Burlingame 40% by 2030 2005 No data No data
*The City Council of Irvine has not ratified their climate action plan.
S/CAP Key Performance Indicators Annual Progress Report Achieving 80 x 30 and carbon neutrality by 2030 are the overarching goals for the S/CAP. The S/CAP also outlines Goals and Key Actions in eight areas: Climate Action, Energy, Electric Vehicles, Mobility, Water, Climate Adaptation and Sea Level Rise, Natural Environment, and Zero Waste. The climate action areas of Climate Action, Energy, Electric Vehicles, and Mobility primarily focus on the 80 x 30 and carbon neutrality by 2030 goals. The sustainability areas of Water, Climate Adaptation and Sea Level Rise, Natural Environment, and Zero Waste do not necessarily have a direct impact on greenhouse gas reductions, but have critically important sustainability, public health and safety, regional, resource conservation, and equity benefits that contribute to overall climate action. Progress towards achieving the S/CAP Key Performance Indicators can be found in Attachment D and are summarized in Attachment E. 2026 – 2027 S/CAP Work Plan
The City has reached the end of its 2023-2025 S/CAP work planning period. The 2023-2025 S/CAP Work Plan guided S/CAP Implementation with 77 work items, of which 27 focused on sustainability and 50 on climate action.
Of the 50 climate action items, 16 were ongoing work items and 34 were discrete projects, of which 27 were completed, 6 are in progress, and 1 is delayed (not started). Of the 27 sustainability work items, 14 were ongoing and 13 were discrete projects, of which 8 were completed. Five of the remaining items are in progress and one is delayed.
A summary of the progress of the 2023 – 2025 S/CAP Work Plan can be found in Attachment F.
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The proposed 2026-2027 S/CAP Work Plan includes 28 strategies focused on Climate Action, 16 strategies focused on Sustainability, and 3 strategies for overall S/CAP Communications for all areas of the S/CAP. The full 2026 – 2027 Work Plan can be found in Attachment G.
At a high level, the Climate Action priorities in the Work Plan are intended to help the community develop a funding strategy for community-wide electrification at a pace that balances community willingness to fund climate action, utility rate impacts, and the community’s desire to maintain leadership in this area. It will do this through piloting costefficient building electrification and EV charging program models in the single-family, multifamily, and non-residential sectors that minimize the cost to the City while remaining attractive to customers. In parallel, staff will present different strategies and scenarios for funding community-wide electrification and carbon neutrality using the data and modeling frameworks developed in the S/CAP Funding Study.
The key areas of focus for the Sustainability priorities in the Work Plan are water, sea level rise, wildfire protection, natural environment, green stormwater infrastructure, and zero waste.
While sustainability strategies do not necessarily have a direct impact on greenhouse gas reductions, they have critically important sustainability, public health and safety, regional, resource conservation, and equity benefits that contribute to overall climate action. These strategies contribute towards achieving the goals of the S/CAP and are directly tied to the Sustainability Key Actions.
The City developed a 2026-2027 S/CAP Work Plan to continue progress towards achieving the S/CAP goals. Development of the 2026-2027 S/CAP Work Plan aligns with one of the four Council Priorities for CY 2025: Climate Action and Adaptation, and Natural Environment Protection, and fulfills Council Priority Objective CA 23 - Develop and obtain Council approval for strategies and a 2026/2027 work plan for the next phase of S/CAP implementation of climate and sustainability goals. At the January 9, 2026 Climate Action and Sustainability Committee meeting, the Committee received an update on the status of the 2023-2025 S/CAP Work Plan and discussed the recommended priorities for the 2026-2027 S/CAP Work Plan.17 The development of the 2026-2027 S/CAP Work Plan is described in more depth in the staff report for the January 9, 2026 Climate Action and Sustainability Committee meeting. At that meeting the Committee voted unanimously, inclusive of staff and committee consensus modifications, to recommend that the City Council approve the work plan.
Six Studies Requested to be Received
The Climate Action and Sustainability Committee and staff recommend the City Council receive six studies that were attached to and summarized in the staff report for the December 13, 2025 17 Climate Action and Sustainability Committee, January 9, 2026; Agenda Item 1; SR #2507-5027, https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=18309 Item 9
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Climate Action and Sustainability Committee (CASC) workshop on electrification funding and financing strategies.19 These include:
• The S/CAP Funding and Financing Study (Attachment H), which uses an “S/CAP Funding Model” developed via collaboration between the consultant and City staff and the data and analysis from the other studies to model three illustrative electrification scenarios that show various financial dynamics of community-scale electrification. • The EV Charger Needs Assessment (Attachment I), which evaluates illustrative scenarios for EV adoption and charging strategies in Palo Alto to show charging capacity needs and the financial and operational dynamics of different business models and strategies for providing EV charging.
• Three studies of building electrification strategies and costs in the single-family (Attachment J), multi-family (Attachment K), and non-residential sectors (Attachment L) that provide data and insights that can be used for program design and strategic planning.
• The S/CAP Funding Source Survey (Attachment M), an inventory of potential funding sources for community-wide electrification.
The City intends to use these tools and data throughout 2026 and 2027 to support strategic planning efforts under 2026-2027 S/CAP Work Plan item C13 (Develop Funding and Financing Strategies for Consideration).
All studies are described in more depth in the staff report for the December 13, 2025 Climate Action and Sustainability Committee workshop.
FISCAL/RESOURCE IMPACT
Most of the proposed work of the 2026-2027 Work Plan will draw from funding approved as part of the Adopted FY 2026 Operating and Capital Budgets, or with funding appropriations proposed for FY 2027, with the intent of achieving the goals of the 2026-2027 Work Plan without significant increases to overall Council spending authority in FY 2027. Resource availability for each Work Plan Item can be found in Attachment G. Funding for FY 2027 will be subject to Council appropriation as part of the annual budget process and in recognition of funding constraints, may impact the ability to pursue all items. There are also several grant opportunities that staff will pursue in order to mitigate costs to the City.
The City will also be considering the costs of expanding beyond the levels of climate action in the 2026-2027 S/CAP Work Plan to community-wide electrification. While more work is needed on strategy and scenario modeling of the funding needed for community-wide electrification, the three illustrative scenarios modeled in the S/CAP Funding Study showed it is highly likely 19 Climate Action and Sustainability Committee, December 13, 2025; Agenda Item #A; SR #2507-5025, https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=18114 Item 9
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that significant financial investment would be needed that exceeds current available resources if the City were to pay for all the needed incremental investment using incentives. As part of the 2026-2027 S/CAP Work Plan, staff will need to work with the City Council and the community to grapple with the funding needs for community-wide electrification in a current environment where federal support has changed and with the local competing priority of maintaining low utility rates.
In the illustrative 80x30 scenario modeled by E3, there are large up-front investments that are offset by other avoided investments in gas equipment and other long-term savings. Within the 2025-2030 period, the time it takes to reach 80% reductions, the total incremental investment need is $491 million but the community would realize more than that in net benefits over the next 20 years. Notably, the net benefits and costs are not evenly distributed through the community, and further modeling included in the 2026-2027 S/CAP Work Plan will help staff understand the needs of each part of the community better. The study also notes investment costs and benefits beyond 2030 and beyond achievement of the 80x30 goal which are uncertain, and the modeling will help refine those elements further as well.
The scenario did find that if the City alone were to pay that debt service (in other words, providing up-front incentives for 100% of the incremental cost), it would create an ongoing City expense that exceeds currently available funding sources. Finding creative program designs that avoid the need for large up-front incentives will be critical to achieving success in community electrification. Brainstorming alternative program ideas was a focus of a December 13, 2025 CASC public workshop and is the main focus of the 2026-2027 S/CAP Work Plan.
Further modeling included in the 2026-2027 S/CAP Work Plan will refine these numbers, update assumptions, and model more cost-efficient strategies for City Council consideration.
STAKEHOLDER ENGAGEMENT
Outreach and communications is an integral part of S/CAP implementation and is a component of all S/CAP initiatives. The communications focus of the 2026 - 2027 S/CAP Work Plan includes building widespread awareness about sustainability and climate action, running effective outreach campaigns to drive community action and program participation in initiatives to achieve S/CAP goals, and tracking community sentiment and engagement to guide decision making. The following work items are included:
• C1. Build awareness about sustainability and climate action and City programs available to the community
• C2. Drive community actions to achieve S/CAP goals
• C3. S/CAP Data Collection and Annual Reporting
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and programs, as well as unmet needs and priorities. The 2024 and 2025 Community Surveys included a question about familiarity with the S/CAP and 80 x 30, with 42% of residents noting they were familiar with the S/CAP and 80 x 30 in both surveys. The only difference is that in 2025 6% of respondents noted that they were very familiar with the S/CAP and 80 x 30 compared to 5% in 2024. The communications focus of the 2026 – 2027 Work Plan will strive to increase awareness from the current 42% of residents who are familiar with the S/CAP and 80 x
30. The City will continue stakeholder engagement through the City Council or a Council Committee and the Climate Action Working Group and will also continue engagement through other outreach depending on the program or strategy included in the workplan. As the 2026-2027 S/CAP Work Plan is implemented, additional outreach will evolve with the work plan elements.
The City is also coordinating regionally with other municipalities on programs and regulations that could inform future outreach planning and activities.
While much of the policymaker interaction on the 2026-2027 S/CAP Work Plan will be with the City Council, staff will also consult with Council-appointed Commissions for the following work items:
• Mobility-related work items (CA21 – CA25) may require consultation with the Planning and Transportation Commission depending on the project. • Infrastructure-related Climate Action items (CA19 – CA20) and Water-related work items (S1-S3) would require consulting or informing the Utilities Advisory Commission (UAC) at various stages of the projects. The UAC would also discuss the potential rate impacts of any utility-related climate action programs as part of the utility financial planning process.
Stakeholder engagement for the development of the 2026-2027 S/CAP Work Plan is described in more depth in the staff report for the January 9, 2026 Climate Action and Sustainability Committee meeting.
ENVIRONMENTAL REVIEW
The Council’s review of the 2024 Greenhouse Gas Inventory and S/CAP Key Performance Indicators Progress Report does not meet the definition of a project requiring CEQA review, under Public Resources Code section 21065, since it will not cause a physical change in the environment. In June 2023, City Council certified the Comprehensive Plan Environmental Impact Report Addendum: Update to the Sustainability and Climate Action Plan. The strategies proposed in the 2026-2027 S/CAP Work Plan are consistent with the Sustainability and Climate Action Plan (S/CAP), the 2023-2025 S/CAP Work Plan, and the Comprehensive Plan. Potential environmental impacts of this project were studied in the June 5, 2023 S/CAP Addendum to the 2017-2031 Comprehensive Plan EIR. In addition, the City Council’s discussion and review of the proposed 2026-2027 S/CAP Work Plan is not a project as defined by CEQA because it is Item 9
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consistent with an existing general or comprehensive plan and does not require additional CEQA review (CEQA Guidelines section 15183).
ATTACHMENTS
Attachment A: 2024 Citywide Greenhouse Gas Emissions Inventory Attachment B: Historical Comparison of Citywide Greenhouse Gas Emissions by Sector Attachment C: 2024 Municipal Greenhouse Gas Emissions Inventory Attachment D: S/CAP Key Performance Indicators Progress Report Attachment E: S/CAP Key Performance Indicators Progress Summary Attachment F: 2023-2025 SCAP Work Plan Status
Attachment G: 2026-2027 S/CAP Work Plan
Attachment H – M Links
Attachment N: Summary of December 13, 2025 CASC Workshop APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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