Livingston City Council
April 7, 2026

1 CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
APRIL 7, 2026
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes).

Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

REVISED

2 Call to Order
Roll Call
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees
Association OE3 - Livingston Police Officer
Association

REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement
Conference With Legal Counsel – Anticipated Litigation – significant exposure to litigation pursuant to Government Code § 54956.9(d)(2), (e)(1) 4 matters.

7. 1.

2. 3.

4. 5.

REVISED SPECIAL MEETING

8. Conference with Real Property Negotiator
(Government Code Section 54956.8)
Real Property:

APN: 022-010-007
Negotiating Parties for City: Jose Ramirez, City Manager Negotiating Parties for Property Owner: Livingston Union School District Under Negotiation: Price, Terms of Payment

REVISED

3 Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes perperson regardless of the number of items contained within the consent agenda.

Ratify Warrants Register Dated March 25, 2026.

City Treasurer’s Investment Report for the Month Ending January 31, 2026.

Approval of Minutes of Meeting Held on March 3, 2026.

Approval of Minutes of Meeting Held on March 17, 2026.

Consideration of Adopting a Resolution Authorizing Participation in The Patrick Leahy Bulletproof Vest Partnership (BVP) Grant Program And Authorizing The Purchase Of NIJ-Compliant Ballistic Vests for Law Enforcement Personnel.

Consideration of Adopting a Resolution Continuing The Local Emergency Due To The Public Health And Property Threat Created By The Well 9 Failure (4/5 Vote Required).

1. 2.

3. 4.

5. 6.

7. Consideration Of Adopting A Resolution (1) Approving The Procurement Of One Complete Variable Frequency Drive (VFD) Panel With Main Breaker, DV/DT Motor Filter And Local Control Options (HOA, Pot And Lights) From Valley 29 Electric, In The Amount Not To Exceed $41,124.65, (2) Authorizing The Finance Department To Make A Supplement Appropriation To The Wastewater Enterprise Fund In The Amount Of $41,124.65; And (3) Authorizing The City Manager To Execute All Required Documents.

4 PUBLIC HEARING

10. Introducing and Waiving First Reading of An Ordinance of The City of Livingston Amending Chapter 2-4 Of Title 3 of the Livingston Municipal Code Regulating Sidewalk Vending and Scheduling a Second Reading of the Ordinance for Adoption.

11. Introducing And Waiving First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Section 1-12-2 Regarding Surplus Property Disposal Procedures and Scheduling a Second Reading of the Ordinance for Adoption.

12. Consideration of Adopting a Resolution to Receive and Accept The Housing Element Annual Progress Report For Calendar Year 2025 And Authorize Staff To Submit The Report To The California Department Of Housing And Community Development And The Governor's Office Of Land Use And Climate Innovation.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Consideration Of Adopting A Resolution Authorizing the Waiver of Parks and Recreation Fees For Surf Soccer.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board Robert Wallis, Representative and Japjeet Uppal, Alternative.

City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

14. Consideration Of Adopting A Resolution Authorizing a Fee Waiver For Memorial Park and Kitchen Use For The Livingston High School All Class Reunion On September 26, 2026.

15. Consideration Of Adopting a Resolution Adopting A Policy To Prohibit Councilmembers From Using Electronic Devices To Communicate With Each Other During City Council Meetings.

8. Consideration Of Adopting a Resolution Adopting an Updated Records Management Policy and Records Retention Schedule, Superseding Policy No. 2021-105 And The 2021 Records Retention Schedule.

9. Consideration Of Adopting A Resolution Approving The Procurement of Firework Show Services by Pyro Spectaculars Inc. For The 2026 July 4th Celebration .
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5 Jason Roth
Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.

City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

Japjeet Uppal
Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.

Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative.

City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative.

Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.

Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.

Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT
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STAFF REPORT
1 AGENDA ITEM: Warrant Register March 25, 2026
MEETING DATE: April 07, 2026
PREPARED BY: Consuelo Moreno, Account Clerk
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated March 25, 2026
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City’s approved budget.

The checks have been issued, and the check register is presented to the City Council for ratification:

March 07, 2026 – March 25, 2026
CHECKS #
NET PAYROLL……………………...........…. $ 224,383.42 4057-4076 GENERAL WARRANTS……………………. $ 973,220.99 15410-15515
ACH WARRANTS…………………………….$ 211,924.30
PAYROLL WARRANTS…………..….…...…$ 145,454.49
TOTAL WARRANTS………………………… $ 1,554,983.20
ATTACHMENTS:

Warrant Register (detailed by date and check number)

Accounts Payable
User:

Printed:
[email protected]
3/25/2026 4:17 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 401 Keenan & Associates 03/12/2026 127,842.75
Total for 3/12/2026: 127,842.75
1000419 PERS Public Employ Retire System 03/13/2026 67,064.09 ACH 188 Frontier 03/13/2026 5,123.11
ACH 203 PG&E 03/13/2026 50,807.20
ACH 272 Charter Communications Holdings, LLC 03/13/2026 140.26 ACH 675 Lance, Soll & Lunghard, LLP 03/13/2026 16,121.25 15410 UB*02167 8600 NORWALK WHITTER LLC 03/13/2026 140.02 15411 1307 Amazon Capital Services 03/13/2026 30.81
15412 619 American River College 03/13/2026 117.00
15413 UB*02168 RANDY BARLOW 03/13/2026 194.25
15414 UB*02166 BUILT ON A ROCK TRUCKING 03/13/2026 715.08 15415 1693 California Consulting, Inc 03/13/2026 4,750.00 15416 909 Canon Financial Services, Inc. 03/13/2026 303.59 15417 1239 Clark Pest Control of Stockton, Inc. 03/13/2026 86.00 15418 1092 Complete Paperless Solutions 03/13/2026 21,670.00 15419 UB*02163 DYLAN J & TINA L GARCIA 03/13/2026 128.93 15420 1758 Garda CL West, Inc. Lockbox #233209 03/13/2026 188.35 15421 262 Gilton Solid Waste 03/13/2026 197,001.24
15422 811 Pete Hulse, DVM, Pa Hilmar Animal Hospital03/13/2026 896.00 15423 1726 International Tele-Path 03/13/2026 1,935.00
15424 786 J.B, Anderson Land Use Planning 03/13/2026 27,938.40 15425 686 JJC Security System Solutions 03/13/2026 533.88 15426 268 Language Line Services, Inc. 03/13/2026 173.90 15427 1012 Leist and Associates 03/13/2026 4,315.90
15428 276 Livingston True Value Hardware, Inc. 03/13/2026 71.94 15429 1671 Merced County Auditor/Controller's Office 03/13/2026 62.50 15430 1676 Merced County Fire Department 03/13/2026 178,558.10 15431 269 Merced Pest Control 03/13/2026 85.00
15432 595 Metro Uniform Merced 03/13/2026 1,285.19
15433 389 Mid Valley IT 03/13/2026 4,086.95
15434 170 MintierHarnish Planning Consulants 03/13/2026 7,321.65 15435 180 Mission Linen Service 03/13/2026 364.35
15436 UB*02165 DENISE JACOBO NEW CENTURY CONSTRUCTION & CONSULTING INC 03/13/2026 749.22 15437 302 Office Depot, Inc./ODP Business Solutions, LLC 03/13/2026 308.32 15438 201 O'reilly Automotive, Inc. 03/13/2026 2,097.96 15439 1828 PG&E Nuclear Deco Charges 03/13/2026 2.67
15440 1735 BlueTriton Brands, Inc Primo Brands 03/13/2026 269.11 15441 1330 James D Sanders 03/13/2026 400.00
15442 307 Shred-It, C/O Stericycle, Inc. 03/13/2026 759.18 15443 1433 State Water Resources Control Board 03/13/2026 201.00 15444 1803 Toshiba Financial Services 03/13/2026 1,632.54 15445 314 Valley Coffee & Water 03/13/2026 8.00
15446 277 Valley Farm Supply Stores, Inc. 03/13/2026 497.34 AP Checks by Date - Summary by Check Date (3/25/2026 4:17 PM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334

Check No Vendor No Vendor Name Check Date Check Amount
Total for 3/13/2026: 599,135.28
1000420 FIT Federal Tax Payments 03/17/2026 25,592.33
1000421 NBS1 National Benefit Services - AltaMont St Clair03/17/2026 1,770.24 1000422 PERS Public Employ Retire System 03/17/2026 39,699.15 1000423 PTS PTS - Part Time Seasonal 457 Plan 03/17/2026 324.34 1000424 SIT State Tax Payments 03/17/2026 9,634.34
1000425 VALIC Variable Annunity Life Ins. 03/17/2026 1,370.00 Total for 3/17/2026: 78,390.40
ACH 422 U.S. Bank Corporate Payment Systems 03/20/2026 11,889.73 Total for 3/20/2026: 11,889.73
15447 434 AFSCME District Council 57 03/25/2026 863.94
15448 543 Albert M.Peche, A.M. Peche & Associates, LLC03/25/2026 2,875.65 15449 1307 Amazon Capital Services 03/25/2026 2,486.66
15450 443 Jeff Arnold 03/25/2026 60.00
15451 253 AT&T 03/25/2026 245.31
15452 282 AT&T Mobility 03/25/2026 2,387.45
15453 546 Bogie's Pump Systems 03/25/2026 1,945.94
15454 393 California State Disbursement Unit 03/25/2026 2,318.74 15455 418 Central Valley Concrete 03/25/2026 616.36
15456 283 CoreLogic Solutions, LLC 03/25/2026 200.00
15457 1308 CSG Consultants, Inc. 03/25/2026 28,907.19
15458 293 Department of Justice Accounting Office 03/25/2026 630.00 15459 1765 Nino Dimas 03/25/2026 357.00
15460 258 Ewing Irrigation Products, Inc. 03/25/2026 1,260.92 15461 387 Frontier Communications Corp Frontier Comm of Global Valley 03/25/2026 152.98 15462 1603 Melanie Garcia 03/25/2026 432.00
15463 164 Garza Tire & Wheel, Inc 03/25/2026 532.73
15464 356 Gouveia Engineering, Inc. 03/25/2026 28,826.98 15465 UB*02169 VANG HER 03/25/2026 118.93
15466 266 Hilmar Lumber 03/25/2026 1,518.88
15467 501 Hunt & Sons, LLC 03/25/2026 4,940.73
15468 1822 Hydropoint Data Systems, Inc. 03/25/2026 3,208.00 15469 165 J L Analytical Services, Inc. 03/25/2026 128.00 15470 360 Krazan & Associates, Inc 03/25/2026 5,600.00
15471 612 Livingston Peace Officers Association 03/25/2026 1,570.00 15472 276 Livingston True Value Hardware, Inc. 03/25/2026 247.08 15473 524 Merced Chevrolet 03/25/2026 203.87
15474 278 Merced Irrigation District 03/25/2026 42,266.83 15475 389 Mid Valley IT 03/25/2026 13,726.84
15476 1830 MII Training Innovations, LLC 03/25/2026 475.00 15477 170 MintierHarnish Planning Consulants 03/25/2026 5,347.50 15478 180 Mission Linen Service 03/25/2026 507.42
15479 270 Modern Air Mechanical 03/25/2026 463.00
15480 1818 Moore Twinning Associates, Inc. 03/25/2026 800.00 15481 2 Angelita Moran 03/25/2026 378.00
15482 1833 Jasmine Mujica 03/25/2026 150.00
15483 197 N & S Tractor 03/25/2026 1,287.00
15484 1797 New Century Construction & Consulting, Inc.03/25/2026 150,088.13 15485 199 Northstar Chemical 03/25/2026 8,624.87
15486 302 Office Depot, Inc./ODP Business Solutions, LLC 03/25/2026 999.37 AP Checks by Date - Summary by Check Date (3/25/2026 4:17 PM) Page 2

Check No Vendor No Vendor Name Check Date Check Amount
15487 437 Operating Engineers Local 3 03/25/2026 440.50 15488 438 Operating Engineers Local Union No.3 03/25/2026 684.00 15489 1111 Rachelle Ornelas 03/25/2026 32.50
15490 1828 PG&E Nuclear Deco Charges 03/25/2026 33.64
15491 1668 Rincon Consultants, Inc 03/25/2026 2,538.45
15492 499 Safety-Kleen Systems, Inc. 03/25/2026 2,246.34 15493 1330 James D Sanders 03/25/2026 400.00
15494 307 Shred-It, C/O Stericycle, Inc. 03/25/2026 3,689.22 15495 29 Amandip Singh-Malhi 03/25/2026 38.00
15496 309 St. Francis Electric 03/25/2026 400.00
15497 598 Standard Insurance Company RB 03/25/2026 2,791.55 15498 1284 State of California 03/25/2026 130.16
15499 1771 Subsurface Technologies, Inc 03/25/2026 25,725.00 15500 1606 SVA Architects, Inc. 03/25/2026 37,500.00
15501 440 Target Specialty Products 03/25/2026 1,290.71 15502 1405 Taylor Backhoe Service, Inc. 03/25/2026 106,100.29 15503 284 Trans Union LLC 03/25/2026 218.24
15504 1150 Valley 29 Electric, LLC 03/25/2026 3,761.14
15505 314 Valley Coffee & Water 03/25/2026 66.95
15506 277 Valley Farm Supply Stores, Inc. 03/25/2026 126.28 15507 210 WGR Southwest, Inc. 03/25/2026 524.00
15508 597 Work Wellness 03/25/2026 103.45
15509 395 Administrative Solution, Inc. 03/25/2026 150.00 15510 396 American Fidelity Assurance 03/25/2026 3,363.59 15511 397 American Fidelity Assurance Company 03/25/2026 1,295.76 15512 393 California State Disbursement Unit 03/25/2026 1,159.37 15513 1284 State of California 03/25/2026 65.08
15514 564 Texas Life Insurance 03/25/2026 260.60
15515 608 Vision Service Plan- CA 03/25/2026 457.50
Total for 3/25/2026: 513,341.62
Report Total (119 checks): 1,330,599.78
AP Checks by Date - Summary by Check Date (3/25/2026 4:17 PM) Page 3

ELECTED OFFICIAL’S REPORT
AGENDA ITEM: Treasurer's Report January 2026
MEETING DATE: April 7, 2026
PREPARED BY: Parwinder Singh Uppal – Elected City Treasurer RECOMMENDATION:

Receive and File Treasurer's Report for the month ending January 31, 2026.

BACKGROUND:

The Treasurer's Report is required to be presented to the governing body.

DISCUSSION:

Total Cash and City Investments including cash in the bank, and cash in the Local Agency Investment Fund are $44,923,130.77.

The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.

FISCAL IMPACT:

None.

ATTACHMENTS:

January 31, 2026, Treasurer’s Report with signature

TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
January 31, 2026
February 28, 2026
April 7, 2026
Total Cash & Investments Totals 44,923,130.77
Notes
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" Prepared By:

The following cash and investment information pertains to the period ending per Bank Statements Average
Investment Monthly
Institution Acct# Type Yield %
State of California LAIF (Local Agency
Investment Fund) xx-xx-463 Pooled 3.931%
Parwinder Singh Uppal - City Treasurer
Balance
37,933,220.49
6,930,601.58
11,452.83

0.00 47,855.87
6,989,910.28
Non Interest Bearing Items
Farmers & Merchants Bank xxxxxx5801
Farmers & Merchants Bank xxxxxx6601
Farmers & Merchants Bank xxxxxx8201
Farmers & Merchants Bank xxxxxx3401
Subtotal F&M Bank
Operating Account
Payroll Account
Web Payments Account
Rec Desk Account
N/A
N/A
N/A
N/A
Subtotal

MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
MARCH 3, 2026
A Special and Regular Meeting of the Livingston City Council was held on March 3, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:00 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth (Absent)
Council Member Robert Wallis (Absent)

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:01 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

CLOSED SESSION

1. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

OE3- Clerical Bargaining Unit

OE3 - Police Supervisory Employees Association
OE3 - Livingston Police Officer Association

REGULAR MEETING
Mayor Moran called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth (Absent)
Council Member Robert Wallis (Absent)

CLOSED SESSION ANNOUNCEMENT
Direction was provided. No reportable action was taken.

CHANGES TO THE AGENDA
Motion: M/S Samra/Uppal to pull item 6 for further discussion and continue items 9 and 16 to a future meeting. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis
Mayor Moran opened public comments at 7:03 and closed public comments at 7:04 p.m. as there were no comments from the public.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 7:04 p.m., as there were no comments from the public.

COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

Merced County Supervisor Jim Pacheco gave a report.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Anthony Chavarria, Public Works Director
• Danny Reed, City Engineer
City Manager Announcements and Reports.
• Jose A. Ramirez, City Manager

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

None.

CONSENT AGENDA

1. Ratify Warrants Register Dated February 23, 2026.

2. Consideration and Approval of Minutes of Meeting Held on November 23, 2025.

3. Consideration and Approval of Minutes of Meeting Held on February 17, 2026.

4. Consideration of Adopting a Resolution Authorizing the Purchase of One New Kubota (Rtvx2-Skh Standard UTV From Garton Tractor, in an Amount Not to Exceed $19,509.86 and Authorizing the City Manager to Execute All Required Documents.

5. Consideration of Adopting a Resolution Appointing Utility Rates Stakeholders Committee Members.

7. Consideration of Adopting a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in June Due to the 2026 Primary Election.

8. Consideration of Adopting a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in November Due to the 2026 General Election.

Mayor Moran opened and closed public comments at 7:21 pm, as there were no comments from the public.

Motion: M/S Samra/Uppal to approve consent agenda items 1,2,3,4,5,7, and 8. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis

9. Consideration of Adopting a Resolution Continuing the Local Emergency Due to the Public Health and Property Threat Created by the Well 9 Failure (4/5 Vote Required).

Item 9 was continued.

6. onsideration of Adopting a Resolution Authorizing Implementation and Administration of a Health Benefit Plan for Retirees with Bienstar (Group Retiree Health Solutions).

HR Coordinator Arcelia Cruz introduced this item and responded to Council questions.

Mayor Moran opened public comments at 7:30 pm.

Public Comments:

Filomena Arredondo
Mayor Moran closed public comments at 7:35 p.m. as there were no further comments from the public.

Mayor Moran reopened public comments at 7:49 pm.

Public Comments:

Filomena Arredondo
Karthik Prasad, Representative of Congressman Adam Gray Mayor Moran closed public comments at 7:56 pm, as there were no further comments from the public.

Motion: M/S Samra/Uppal to approve Resolution authorizing implementation and administration of a Health Benefit Plan for Retirees with Bienstar (Group Retiree Health Solutions) with the provision to add the $2,100 for prescription deductible only when they meet their deductible and the retiree requests a refund. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis

PUBLIC HEARING

10. Consideration of Waiving Second Reading and Adopting Ordinance Repealing Ordinance No. 650, And Amending Title 4, Chapter 1 of the Livingston Municipal Code Building Administration Codes and adopting by Reference the California Code of Regulations Title 24, 2025 Edition of the California Building Standards and the 2024 Edition International Property Code.

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed public comment at 8:00 pm, as there were no comments from the public.

Motion: M/S Uppal/Samra Adopting Ordinance Repealing Ordinance No. 650, And Amending Title 4, Chapter 1 of the Livingston Municipal Code Building Administration Codes and adopting by Reference the California Code of Regulations Title 24, 2025 Edition of the California Building Standards and the 2024 Edition International Property Code. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None

ABSENT: Council Members: Roth and Wallis

11. Introducing and Waiving First Reading of Zoning Text Amendment No. 2025-01- An Ordinance Amending Livingston Municipal Code Title 5, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, And Chapter 7 Related To Housing Development And Standards, Including Definitions, Off-Street Parking, Site Plan And Design Review, Density Bonuses, Use Permits, Ministerial Approvals, Emergency Shelters, Single Room Occupancy, And Residential And Commercial Uses Zoning Matrix, and Scheduling a Second Reading of the Ordinance for Adoption.

Contract City Planner Miguel Galvez introduced this item.

Assistant City Planner Jailah Smith gave a PowerPoint presentation regarding the proposed changes.

Clerk Notes: Mayor Moran left the dais at 8:02 pm and returned at 8:05 pm Mayor Moran opened public comments at 8:10 p.m.

Public Comments:

Patricia Zamora
Carmen Fuentes Gutierrez
Diego Castillo
Mayor Moran closed public comments at 8:16 pm, as there were no further comments from the public.

Motion: M/S Uppal/Samra to approve First Reading of Zoning Text Amendment No. 2025- 01- An Ordinance Amending Livingston Municipal Code Title 5, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, And Chapter 7 Related To Housing Development And Standards, Including Definitions, Off-Street Parking, Site Plan And Design Review, Density Bonuses, Use Permits, Ministerial Approvals, Emergency Shelters, Single Room Occupancy, And Residential And Commercial Uses Zoning Matrix, and Scheduling a Second Reading of the Ordinance for Adoption. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis

12. Consideration of Adopting a Resolution Approving Parcel Map 2025-01 and Exception to the Subdivision Ordinance 2025-01 to Allow for The Parcel to be Split Into Two New Parcels and the Development of Two Single-Family Homes with Attached Accessory Dwelling Units on the Newly Created Parcels Located at 612 East Avenue, Livingston, CA, (APN: 024-100-036).

Assistant City Planner Jailah Smith introduced this item.

Mayor Moran opened public comments at 8:26 pm and closed public comments at 8:27 pm., as there were no comments from the public.

Motion: M/S Samra/Uppal to approve Resolution Approving Parcel Map 2025-01 and Exception to the Subdivision Ordinance 2025-01 to Allow for The Parcel to be Split Into Two

New Parcels and the Development of Two Single-Family Homes with Attached Accessory Dwelling Units on the Newly Created Parcels Located at 612 East Avenue, Livingston, CA, (APN: 024-100-036). The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis

DISCUSSION AND POTENTIAL ACTION ITEMS

17. Consideration of Adopting Resolution Authorizing Submission Of The Livingston 99 Storm Drainage Lift Station Rehabilitation Project For Fy27 Community Project Funding and Resolution Authorizing Submission Of The Livingston Fire Engine Acquisition Project For Fy27 Community Project Funding Consideration.

City Manager Jose A. Ramirez introduced this item.

Mayor Moran opened public comments at 8:37 pm.

Public Comments:

Karthik Prasad
Mayor Moran closed public comments at 8:40 pm as there were no further comments from the public.

Motion: M/S Uppal/Samra to approve Resolution Authorizing Submission Of The Livingston 99 Storm Drainage Lift Station Rehabilitation Project For Fy27 Community Project Funding and Resolution Authorizing Submission Of The Livingston Fire Engine Acquisition Project For Fy27 Community Project Funding Consideration with first priority being the storm drainage and second priority being type one fire engine. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis
Clerk Notes: Mayor Pro-Tem Samra left the dais at 8:46 pm and returned at 8:47 pm.

13. General Plan Amendment (GPA) No. 2024-02- City of Livingston Sixth Cycle (2024-2032) Housing Element Update.

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened and closed public comments at 9:01pm as there were no comments.

Motion: M/S Uppal/Samra to come back to item after item 14 is discussed. The motion carried 3-0-2 by the following call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis

14. Discussion and Direction to Consider Request from Micah Gallo of Joseph E Gallo Livingston Ranches LP to Amend the City’s Adopted 2024 General Plan Study Area Preferred Land Use Alternative Study Area.

Contract City Planner Miguel Galvez introduced this item.

Micah Gallo made comments.

Mayor Moran opened public comments at 9:55 pm.

Public Comments:

Jean Okuye
Mayor Moran closed public comments at 9:56 pm as there were no further comments from the public.

Micah Gallo responded to council questions.

Motion: M/S Uppal/Samra to direct staff to work with the general plan consultants and Mr.

Gallo to incorporate the proposals identified at this meeting and work with Mr. Gallo to cover as much of the share as he is willing to pay, and add an additional $10,000 of City funds if needed. The motion carried 3-0-2 by the following call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth and Wallis
13 General Plan Amendment (GPA) No. 2024-02- City of Livingston Sixth Cycle (2024-2032) Housing Element Update.

Contract City Planner Miguel Galvez introduced this item.

Motion: M/S Moran/ Samra to remove the olive site from the housing element, work with property owners to find additional capacity to meet the lower income, work with Rincon to make modifications to the housing element, send it off for the seven-day public comment period and then send it to California Department of Housing and Community Development (HCD) and work with HCD to get conditional certification, then return to the Planning Commission for a public hearing for adoption of the general plan as well as the necessary rezonings. The motion carried 3-1-2 by the following call vote:

AYES: Council Members: Samra and Moran
NOES: Council Members: Uppal
ABSENT: Council Members: Roth and Wallis

15. Consideration of Adopting a Resolution to Procure New Playground Equipment at Max Foster Sports Complex And 1) Authorizing the City Manager to Issue a Purchase Order to the Selected Vendor And 2) Authorizing the City Manager to Execute a Purchasing Agreement.

Public Works Director Anthony Chavarria introduced this item.

Mayor Moran opened at 10:36 pm.

Public Comments:

Kristal Gutierrez
Mayor Moran closed public comments at 10:40 pm as there were no further comments from the public.

Motion: M/S Samra/Uppal to continue the item. Samra amended his motion.

Motion: M/S Samra/Uppal to continue the item and have staff bring back the item with quotes for swings. The motion carried 3-1-2 by the following call vote:

AYES: Council Members: Samra and Moran
NOES: Council Members: Uppal
ABSENT: Council Members: Roth and Wallis

16. Discussion and Direction on City’s State and Federal Legislative Priorities.

Item 16 was continued.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Japjeet Uppal
• Mayor Pro-Tem Gurpal Samra
Mayor’s Announcements and Reports
• Mayor Jose Moran
.

Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative.
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Have a mid-year budget report.
• Date to consider a strategic plan.
• Discussion on Park and Facility Improvement.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 10:50 p.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
MARCH 17, 2026
A Special and Regular Meeting of the Livingston City Council was held on March 17, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:08 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:10 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

CLOSED SESSION

6. Public Employee Performance Evaluation (Govt. Code 54957(b)) City Council’s Performance Evaluation of the City Manager

7. Public Employee Performance Evaluation (Govt. Code 54957(b))

City Council’s Performance Evaluation of the City Attorney

REGULAR MEETING
Mayor Moran called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis

CLOSED SESSION ANNOUNCEMENT
Deliberation occurred on item 6 and will continue with the item after regular session.

CHANGES TO THE AGENDA
Motion: M/S Samra/Roth to have Item 9 be moved before public comment and Item 6 be pulled for further discussion. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None

CITIZEN COMMENTS
Mayor Moran opened citizen comments at 7:18 p.m.

Citizen Comments:

Mitchell Vinciguerra
Mayor Moran closed citizen comments at 7:21 p.m., as there were no further comments from the public.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Jose Harutyun Nikoyan, CEO, Apolon 7, Inc.: EV Charging Infrastructure Proposal for City of Livingston.

Jose Hernandez and Harutyun Nikoyan presented this item. ~
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The Council directed city staff to bring back item in the future with a proposal and presentation.

2. Presentation by Happy Bains, Finance Director/Assistant City Manager: Fiscal Year 2025/2026 Mid-Year Budget Review.

Finance Director/Assistant City Manager Happy Bains introduced this item.

COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

Merced County Supervisor Jim Pacheco gave a report.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Jacquie Benoit, Recreation Superintendent.

City Manager Announcements and Reports.
• Jose A. Ramirez, City Manager

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

None.

CONSENT AGENDA

3. Ratify Warrants Register Dated March 6, 2026.

4. Consideration of Adopting a Resolution Continuing the Local Emergency Due to the Public Health and Property Threat Created by the Well 9 Failure (4/5 Vote Required).

5. Consideration Of Adopting a Resolution Approving The Fire Protection Services Agreement Between The City Of Livingston And The County Of Merced For The Term Of July 1, 2026 Through June 30, 2029, And Authorizing The City Manager To Execute The Agreement, To Provide Interim Fire Protection And Emergency Response Services.

Mayor Moan opened and closed public comments at 8:07 pm, as there were no comments from the public.

Motion: M/S Wallis/Samra to approve consent agenda items 3,4, and 5. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Discussion and Direction on Appointing Four Applicants To The Parks, Recreation, And Arts Commission.

Recreation Superintendent Jacquie Benoit introduced this item.

Applicants introduced themselves and explained why they want to be part of the commission.

Mayor Moran opened and closed public comments at 8:19 pm, as there were no comments from the public.

Motion: M/S Moran/Samra to appoint Linda E. Placencia to the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member for the Term of March 17, 2026, through January 31, 2028. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None
Motion: M/S Moran/Samra to appoint Angel Gaeta to the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member for the Term of March 17, 2026, through January 31, 2030. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None
Motion: M/S Moran/Samra to appoint Julia Diaz to the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member for the Term of March 17, 2026, through January 31, 2030. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None
Motion: M/S Moran/Samra to appoint Juan Perez to the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member for the Term of March 17, 2026, through January 31, 2030. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None

CONSENT AGENDA

6. Consideration of Adopting a Resolution Approving The City Of Livingston Traffic Calming Program For Establishing Formal Guidelines And Procedures For Implementing Traffic Calming Requests Within residential Neighborhoods.

City Engineer Mario Gouveia introduced this item and responded to Council questions.

Mayor Moran opened and closed public comments at 8:52 pm, as there were no comments from the public.

Motion: M/S Moran/Roth to continue item 6 to a future date. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None

PUBLIC HEARING

7. Consideration of Waiving Second Reading and Adopting of Zoning Text Amendment No. 2025- 01- An Ordinance Amending Livingston Municipal Code Title 5, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, And Chapter 7 Related To Housing Development And Standards, Including Definitions, Off-Street Parking, Site Plan And Design Review, Density Bonuses, Use Permits, Ministerial Approvals, Emergency Shelters, Single Room Occupancy, And Residential And Commercial Uses Zoning Matrix.

Clerk Notes: Council Member Roth asked if he needs to recuse himself since he lives 500 ft. away. City Attorney Tran noted that Mr. Roth is able to vote on the item.

Contract City Planner Miguel Galvez introduced this item.

Mayor Moran opened public comments at 8:56 pm.

Public Comments:

Thomas Roehrick
Mayor Moran closed public comments at 8:58 pm, as there were no further comments from the public.

Mayor Moran reopened public comments at 9:02 pm.

Public Comments:

Attendee
Mayor Moran closed public comments at 9:04 pm, as there were no further comments from the public.

Motion: M/S Uppal/Wallis to Adopt an Ordinance Amending Livingston Municipal Code Title 5, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, And Chapter 7 Related To Housing Development And Standards, Including Definitions, Off-Street Parking, Site Plan And Design Review, Density Bonuses, Use Permits, Ministerial Approvals, Emergency Shelters, Single Room Occupancy, And Residential And Commercial Uses Zoning Matrix. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None

8. Consideration of Adopting a Resolution Approving An Application For Funding And The Execution Of A Grant Agreement And Any Amendments Thereto From The 2025 Funding Year Of The State CDBG Program.

City Manager Jose A. Ramirez introduced this item and responded to Council questions.

Mayor Jose Moran left the dais at 9:08 pm and returned at 9:11pm.

Mayor Pro-Tem Samra opened and closed public comments at 9:10 pm., as there were no comments from the public.

Motion: M/S Samra/Roth approving Resolution Approving An Application For Funding And The Execution Of A Grant Agreement And Any Amendments Thereto From The 2025 Funding Year Of The State CDBG Program. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, Wallis, and Moran NOES: Council Members: None
ABSENT: Council Members: None

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Japjeet Uppal
• Mayor Pro-Tem Gurpal Samra
Mayor’s Announcements and Reports
• Mayor Jose Moran
.

Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative.
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Report on the solar panel of the wastewater treatment plant. Mayor Moran and Mayor Pro-Tem Samra requested the item.

Council resumed closed session at 9:28 p.m.

CLOSED SESSION ANNOUNCEMENT
There was no reportable action taken.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 12:12 a.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

1 STAFF REPORT
AGENDA ITEM: ADOPT RESOLUTION 2026-_____OF THE CITY COUNCIL OF

LIVINGSTON TO AUTHORIZE AND APPROVE PARTICIPATION IN

THE PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP (BVP)
GRANT PROGRAM AND AUTHORIZING THE PURCHASE OF NIJCOMPLIANT BALLISTIC VESTS FOR LAW ENFORCEMENT

PERSONNEL
MEETING DATE: April 7, 2026
PREPARED BY: John Ramirez, Interim Chief of Police
REVIEWED BY: José A. Ramírez, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt a resolution authorizing:

1. Participation in the Patrick Leahy Bulletproof Vest Partnership Grant Program (“Program”) administered by the U.S. Department of Justice, Bureau of Justice Assistance (BJA), which reimburses jurisdictions up to 50% of the cost of eligible ballistic resistant body armor.

2. The City Manager or designee to purchase NIJ compliant ballistic vests for sworn law enforcement personnel and to submit reimbursement requests through the BVP system.

3. The use of non-federal matching funds for the remaining required cost share, in compliance with BVP program rules, which prohibit using federal grant funds (e.g., JAG) as match.

BACKGROUND:

The City participates in regular replacement cycles for law enforcement body armor consistent with National Institute of Justice (NIJ) guidance and manufacturer warranties, which generally recommend replacing soft body armor every five years due to natural degradation from moisture, heat, wear, and aging of ballistic fibers. Environmental exposure gradually weakens ballistic material, reducing its ability to protect officers from gunfire.

The Police Department follows these guidelines and conducts regular assessments of aging equipment. Several vests currently assigned to sworn staff are approaching or have reached the recommended end of service window and should be replaced to maintain operational safety and compliance.

The Program helps local agencies acquire NIJ compliant armor by providing funding. The Program reimburses states, local governments, and federally recognized tribes up to 50% of eligible vest costs, provided the vests are made in the U.S., uniquely fitted to each officer, and listed on the NIJ Compliant Products List (CPL) as of the order date. Since the Program’s inception in 1999, more than 13,000 jurisdictions have taken part, receiving over $573 million in

2 reimbursements to purchase more than 1.5 million vests, demonstrating the longstanding national reliance on Program funds to support officer safety.

City of Livingston Municipal Code Title 1, Chapter 11 allows the City to join with other units of government in cooperative purchasing plans when the best interest of the City would be served thereby. The agreement the City would be joining is between Curtis Blue Line and the League of Oregon Cities and contains an intergovernmental cooperative purchasing agreement meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements.

Recent updates to federal standards have further emphasized the importance of ensuring armor is modern and compliant. NIJ released NIJ Standard 0101.07, which updates ballistic resistance testing, and NIJ Standard 0123.00, which defines protection levels and associated test threats.

While agencies transition to newer standards, NIJ will continue maintaining the 0101.06 Compliant Products List (CPL) through at least 2027, permitting procurement of certified vests while new models complete testing.

To qualify for BVP reimbursement, jurisdictions must purchase vests that are:
• Listed on the NIJ CPL as of the order date,
• Made in the United States,
• Uniquely fitted to each officer, and
• Assigned to agencies with a written mandatory wear policy for uniformed patrol personnel.

To remain compliant with Program requirements, the Police Department maintains a mandatory wear policy, as required by federal regulations.

Purchasing NIJ compliant vests is essential to officer safety and to maintaining operational readiness.

DISCUSSION:

Replacement of ballistic resistant vests is essential to maintaining safe and effective police operations. The Police Department has identified vests nearing or exceeding their recommended service life, making replacement necessary both for officer protection and upholding compliance standards required for Program eligibility.

Updated NIJ standards (0101.07 and 0123.00) reflect evolving ballistic threats and improvements in armor technology. These standards introduce enhanced testing methods and revised threat classifications designed to ensure modern armor provides reliable protection against prevalent handgun and rifle rounds encountered in the field. The NIJ’s transitional approach—keeping 0101.06-certified models eligible for several more years—allows the Department to procure compliant equipment without delay while fully adhering to federal guidance.

Participation in the Program provides significant financial benefit. The program reimburses up to 50% of vest costs with the remaining share required to come from local funds.

Operationally, the City continues to meet Program preconditions, including maintaining an active SAM.gov registration, which is required for the transfer of reimbursement funds, and access to BJA’s Digital Identity and Access Management Directory (DIAMD) for submitting payment

3 requests and documentation. Additionally, BJA establishes reimbursement eligibility windows by fiscal year—for example, FY 2024 awards permit reimbursement for vests ordered after April 1, 2024, with a payment deadline of August 31, 2026.

From an operational readiness perspective, replacing worn or outdated vests enhances officer safety, supports field performance and mobility, and aligns the city with national, evidencebased safety practices. NIJ notes that ballistic resistant armor has saved thousands of officer lives nationwide, reinforcing the importance of maintaining modern, properly fitted, and compliant protective gear.

The bullet resistant vests are available under Nation Purchasing Partners, NPPgov, which is a national cooperative procurement organization which offers publicly solicited contracts to government entities nationwide where contracts are created through a public solicitation and awarded process by Lead Public Agencies to which the Police Department is a member, (Organization ID # M-5837470). Based on this information, a quote was obtained from Curtis Blue Line for the purchase of bullet resistant vests for $16,138.50.

FISCAL IMPACT:

The initial cost to purchase the bullet resistant vests was budgeted for in the current police department FY 26 operating budget and will come from account # 1100-102-4291 (Uniform Expense) for the amount of $16,138.50. The City will likely receive roughly $8,100.00 in grant funding to account for the 50% matching amount that will be reimbursed to the City once the grant is approved and the vests have been purchased.

ATTACHMENTS:

1. Resolution

2. Curtis Blue Line Quote

3. National Purchasing Partners Intergovernmental Cooperative Purchasing Agreement

4. Master Purchase Agreement – Curtis Blue Line

5. National Purchasing Partners RFP Solicitation

6. National Purchasing Partners RFP Synopsis

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

PARTICIPATION IN THE PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP (BVP)

GRANT PROGRAM AND AUTHORIZING THE PURCHASE OF NIJ-COMPLIANT BALLISTIC

VESTS FOR LAW ENFORCEMENT PERSONNEL
WHEREAS, the City of Livingston participates in regular replacement cycles for law enforcement body armor in accordance with National Institute of Justice (NIJ) guidance and manufacturer warranties, which generally recommend replacing soft body armor every five years due to natural degradation from heat, moisture, wear, and aging ballistic fibers; and WHEREAS, several ballistic vests currently assigned to sworn personnel have reached or are approaching their recommended end of service period, requiring replacement to maintain operational readiness and compliance with national safety standards; and WHEREAS, replacing outdated or expiring ballistic resistant vests is essential to ensuring officer safety, field performance, mobility, and adherence to national best practices; and WHEREAS, participation in the BVP grant program provides financial benefit to the City of Livingston, offering reimbursement for up to 50% of eligible vest costs, with the remaining cost share required to be funded by non-federal local funds; and WHEREAS, the City maintains the required SAM.gov registration and BJA’s Digital Identity and Access Management Directory (DIAMD) access necessary to submit documentation, manage funding requests, and comply with federal reimbursement requirements; and WHEREAS, City of Livingston Municipal Code Title 1, Chapter 11 allows the City to join with other units of government in cooperative purchasing plans when the best interest of the City would be served thereby; and
WHEREAS, the agreement the City would be joining contains an intergovernmental cooperative purchasing agreement meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements; and
WHEREAS, the initial cost to purchase the necessary NIJ-compliant vests is budgeted in the current FY 2026 Police Department operating budget from Account No. 1100-102-4291 (Uniform Expense) in the amount of $16,138.50.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston hereby as follows:

Section 1. Authorizes participation in the Patrick Leahy Bulletproof Vest Partnership (BVP) Grant Program administered by the U.S. Department of Justice, Bureau of Justice Assistance.

Section 2. Authorizes the City Manager, or designee, to purchase NIJ-compliant ballistic resistant vests for sworn law enforcement personnel in accordance with BVP eligibility requirements and to submit all necessary reimbursement requests through the BVP system.

Section 3. Finds that joining the attached purchasing agreement is in the best interest of the City.

Section 4. Authorizes the City Manager, or designee, to execute all necessary documents and agreements to complete the purchase as outlined in the attached quote.

Section 5. Approves the use of nonfederal matching funds for the required cost share, in accordance with BVP program restrictions.

Section 6. Allocated funding for this contract from the Police Department’s operating budget from account # 1100-102-4291 (Uniform Expense).

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 7th day of April 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

Approved as to legal form
____________________________________
Marc Barraza Tran, City Attorney
of the City of Livingston

Ph: 925-269-4100
[email protected]
CBL Dublin
6723 Sierra Court, Suite C
Dublin, CA 94568
www.CurtisBlueLine.com

Quotation
CUSTOMER: SHIP TO:

Livingston City Police
Department CA
1446 C Street
Livingston CA 95334
Livingston City Police
Department CA
Deanna Soria
1446 C Street
Livingston CA 95334
QUOTATION NO. ISSUED DATE EXPIRATION DATE
374966 02/05/2026 03/07/2026

SALESPERSON CUSTOMER SERVICE REP
Jake Vigil
[email protected]
925-334-1254
Miranda Williams
[email protected]
510-268-3379
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS SX02 Armor x14 Deanna Soria /
209-394-7916 ext. 222
C2580 Net 30 LE
F.O.B. SHIP VIA DELIVERY REQ. BY
SP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer’s safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and polyfluoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer specifications. For other important product notices and warnings, or to request an SDS, product specifications, manufacturer’s safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.curtisblueline.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Jessie Diaz
Size: 2212 - 2015
$950.00 $950.00
2 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Jessie Diaz
Size: 2212 - 2015
Color: Black
$85.00 $85.00
CURTIS

BLUE LINE

Ph: 925-269-4100
[email protected]
CBL Dublin
6723 Sierra Court, Suite C
Dublin, CA 94568
www.CurtisBlueLine.com

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 3 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Jason Barkus
Size: 2815 - 2816
$950.00 $950.00
4 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Jason Barkus
Size: 2815 - 2816
Color: Black
$85.00 $85.00
5 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Donald Cole
Size: 2814 - 2616
$950.00 $950.00
6 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Donald Cole
Size: 2814 - 2616
Color: Black
$85.00 $85.00
7 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Joe Cruz
Size: 2616 - 2616
$950.00 $950.00
8 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Joe Cruz
Size: 2616 - 2616
Color: Black
$85.00 $85.00
CURTIS

BLUE LINE

Ph: 925-269-4100
[email protected]
CBL Dublin
6723 Sierra Court, Suite C
Dublin, CA 94568
www.CurtisBlueLine.com

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 9 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Daihn Villarreal
Size: 3014 - 3016
$950.00 $950.00
10 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Daihn Villarreal
Size: 3014 - 3016
Color: Black
$85.00 $85.00
11 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Hector Becerra
Size: 3014 - 3016
$950.00 $950.00
12 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Hector Becerra
Size: 3014 - 3016
Color: Black
$85.00 $85.00
13 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Zues Daldevia
Size: 2413 - 2414
$950.00 $950.00
14 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Zues Daldevia
Size: 2413 - 2414
Color: Black
$85.00 $85.00
CURTIS

BLUE LINE

Ph: 925-269-4100
[email protected]
CBL Dublin
6723 Sierra Court, Suite C
Dublin, CA 94568
www.CurtisBlueLine.com

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 15 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Edvardo Mulgado
Size: 3215 - 3017
$950.00 $950.00
16 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Edvardo Mulgado
Size: 3215 - 3017
Color: Black
$85.00 $85.00
17 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Mick Kirk
Size: 2414 - 2415
$950.00 $950.00
18 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Mick Kirk
Size: 2414 - 2415
Color: Black
$85.00 $85.00
19 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Luis Padilla
Size: 2615 - 2617
$950.00 $950.00
20 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Luis Padilla
Size: 2615 - 2617
Color: Black
$85.00 $85.00
CURTIS

BLUE LINE

Ph: 925-269-4100
[email protected]
CBL Dublin
6723 Sierra Court, Suite C
Dublin, CA 94568
www.CurtisBlueLine.com

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 21 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Taylor Kollmann
Size: 2614 - 2616
$950.00 $950.00
22 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Taylor Kollmann
Size: 2614 - 2616
Color: Black
$85.00 $85.00
23 1 EA 1219793-U

SAFARI CUSTOM
SX Level IIIA, A5 - Female Unstructured,
NIJ BA-3A00S-SX02 As Below::

Name: Destiny Mendoza
Size: U 2815 - 2815
$950.00 $950.00
24 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Destiny Mendoza
Size: U 2815 - 2815
Color: Black
$85.00 $85.00
25 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Vieira
Size: 2216 - 2218
$950.00 $950.00
26 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Vieira
Size: 2216 - 2218
Color: Black
$85.00 $85.00
CURTIS

BLUE LINE

Ph: 925-269-4100
[email protected]
CBL Dublin
6723 Sierra Court, Suite C
Dublin, CA 94568
www.CurtisBlueLine.com

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 27 1 EA 1219793-M

SAFARI CUSTOM
SX Level IIIA, A7 Male Front and Back
Ballistic Panel Set, NIJ BA-3A00S-SX02
as Below:

Name: Chief John Ramirez
Size: 2614 - 2616
$950.00 $950.00
28 1 EA 1348925 SAFARI
CUSTOM
M Series Concealable Covert Carrier, As
Below:;
Name: Chief John Ramirez
Size: 2614 - 2616
Color: Black
$85.00 $85.00
29 14 EA 1220902-58
SAFARI
5"X8" Soft Trauma Plate $25.00 $350.00
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
This pricing generally remains firm until 03/07/2026. Pricing is subject to change if product is affected by the implementation of a tariff. Contact us for updated pricing after this date.

Due to market volatility, global supply chain pressures, and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-specific prices, terms, and conditions.

Subtotal $14,840.00
Estimated Tax Total $1,298.50
Transportation* $0.00
*(to be added when order ships)
Total $16,138.50
View Terms of Sale and Return Policy
CURTIS

BLUE LINE

League of Oregon Cities IGA V1.0
Intergovernmental Cooperative Purchasing Agreement
This Intergovernmental Agreement (Agreement) is by and between the “Lead Contracting Agency” and participating government entities (“Participating Agencies”), that are members of National Purchasing Partners (“NPPGov”), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO, Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as “parties” to this agreement.

WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov’s marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America.

WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies;
WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies;
WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs;
WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and
WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements;
DocuSign Envelope ID: 66018645-E08C-4089-B619-3B1E50C2E804

League of Oregon Cities IGA V1.0
NOW, THEREFORE, the parties agree as follows:

ARTICLE 1: LEGAL AUTHORITY
Each party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement.

ARTICLE 2: APPLICABLE LAWS
The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party’s procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies’ procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT
a. A “procuring party” is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency.
b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non-procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party.
c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement.
d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party.
e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies.

DocuSign Envelope ID: 66018645-E08C-4089-B619-3B1E50C2E804

League of Oregon Cities IGA V1.0
ARTICLE 4: PAYMENT OBLIGATIONS
The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party.

ARTICLE 5: COMMENCEMENT DATE
This Agreement shall take effect after execution of the “Lead Contracting Agency Endorsement and Authorization” or “Participating Agency Endorsement and Authorization,” as applicable.

ARTICLE 6: TERMINATION OF AGREEMENT
This Agreement shall remain in effect until terminated by a party giving 30 days written notice to “Lead Contracting Agency”
ARTICLE 7: ENTIRE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.

ARTICLE 8: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation.

ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.

THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF “THE LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION” OR “PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION,” AS APPLICABLE. ONCE EXECUTED, IT

IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW.

DocuSign Envelope ID: 66018645-E08C-4089-B619-3B1E50C2E804

League of Oregon Cities IGA V1.0

LEAGUE OF OREGON CITIES

ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of the League of Oregon Cities (“Lead Contracting Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies.

The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies.

The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization. ________________________________________ Date: June 13, 2023 BY: Patricia M. Mulvihill
ITS: Executive Director
League of Oregon Cities Contact Information:

Contact Person: Kevin Toon
Address: 1201 Court St NE #200, Salem, OR 97301
Telephone No.: 503-588-6550
Email: [email protected]
DocuSign Envelope ID: 66018645-E08C-4089-B619-3B1E50C2E804 DocuSigned by:

MVici0v flt. l\w.Lv.ilu(i A49AFD929F7246E ...

League of Oregon Cities IGA V1.0

PARTICIPATING AGENCY

ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of ______________ (“Participating Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the Lead Contracting Agency to Participating Agencies locally, regionally, and nationally through NPPGov.

The undersigned further acknowledges that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPPGov shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment.

The undersigned affirms that he/she is an agent of __________________ and is duly authorized to sign this Participating Agency Endorsement and Authorization. ______________________________ Date:______________
BY: _________________________
ITS: _________________________
Participating Agency Contact Information:

Contact Person: ________________________
Address: ______________________________
______________________________________
______________________________________
Telephone No.:__________________________
Email:_________________________________
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A DocuSign Envelope ID: 66018645-E08C-4089-B619-3B1E50C2E804

Contract Number: PS24020

LEAGUE OF OREGON CITIES

MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and L.N. CURTIS & SONS dba CURTIS BLUE LINE (“Vendor”).

RECITALS
WHEREAS, the Vendor is in the business of selling certain Body Armor and Protective Equipment, as further described herein; and
WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and WHEREAS, through a solicitation for Body Armor and Protective Equipment the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2405 for Body Armor and Protective Equipment; and WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov; NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:

ARTICLE 1 – CERTAIN DEFINITIONS

1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2405 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).

1.2 “Applicable Law(s)” shall mean all applicable federal, state, tribal, and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.

1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state, tribal or local law.

1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.

1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.

Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
2 1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.

1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.

1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.

The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.

1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.

1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.

1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.

ARTICLE 2 – AGREEMENT TO SELL

2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.

2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.

Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements.

2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
3 sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.

2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;

2.6 Extension of contract terms to Participating Agencies:

2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists.

Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.

2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local, tribal, and state solicitation requirements.

2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number VA24020, with NPPGov, pursuant to the terms of the RFP.

2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.

See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.

ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.

3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.

Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
4 ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY

4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.

Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.

4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.

4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.

Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.

4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).

4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.

4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.

4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.

4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.

Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.

ARTICLE 5 – INSURANCE

5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
5 REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.

5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.

5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.

6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION

WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR

INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS

OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
6 6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold nonprocuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.

ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.

ARTICLE 8 - INSPECTION AND REJECTION

8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.

8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 9 – SUBSTITUTIONS
Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.

ARTICLE 10 - COMPLIANCE WITH LAWS

10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.

10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.

Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
7 ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.

11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.

ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.

ARTICLE 13 - REMEDIES
Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.

ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
8 Salem OR 97301
ATTN: Kevin Toon
Email: [email protected]
If to Vendor:

Curtis Blue Line
185 Lennon Lane
Suite 110
Walnut Creek, CA 94598
ATTN: Tom Burtch
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.

ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or nonperformance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.

ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.

ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

ARTICLE 19 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
9 unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.

ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT

20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.

20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.

ARTICLE 21 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.

ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.

ARTICLE 23 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions. [Signature page to follow]
Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
10 ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.

PURCHASER:

Signature: ____________________________________
Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:

Signature: ______________________________
Printed Name:

Title: _____________________________

CURTIS BLUE LINE
Dated: ____________________________
Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C Regional Operations Manager
Tom Burtch
August 8, 2024 | 12:12 PM PDT
Executive Director
Patricia M. Mulvihill
August 8, 2024 | 12:13 PM PDT
LI DocuSigned by:
~<i~ fl,t_ ~lMtL 0BD4F25C35F54D0 ...

Contract Number: PS24020
11 ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
Curtis Blue Line Product Catalog
League of Oregon Cities/NPPGov RFP 2405 "Body Armor And Protective Equipment" Brand Product Description Discount (%)
Safariland Ballistic-Resistant Vest 30%
Safariland Stab-Resistant Vest 30%
Safariland In Conjunction With Armor 30%
Safariland Combination Vest 30%
Safariland K-9 Protective Gear Ballistic & Stab-Resistant Vest 30% Safariland Ballistic-Resistant Helmets 30%
Safariland Ballistic-Resistant Shields 30%
Safariland Explosive, Bomb, And/Or Blast-Resistant Suits 30% Safariland Carriers 30%
Safariland Accessories Related To Ballistic, Stab, Explosive, Body Armor And Protection 30% Team Wendy Ballistic-Resistant Helmets 5%

5.11 Carriers 20%
High Speed Gear Carriers 4%
High Speed Gear Accessories Related To Ballistic, Stab, Explosive, Body Armor And Protection 4% Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.

Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
12 ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.

Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
13 ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.

PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.

Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.

Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
14 ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.) Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
15 ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

Contract Number: PS24020
16 ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
https://www.curtisblueline.com/help-terms-conditions
Docusign Envelope ID: E9433617-A36A-4698-B2D6-FD79B9A2EB0C

LEAGUE OF OREGON CITIES
Amendment 1 to Request for Proposal No. 2405

BODY ARMOR AND PROTECTIVE EQUIPMENT
CLOSE DATE EXTENSION and ATTACHMENT C RESTATED
The following shall be a part of RFP 2405. If a vendor has already returned a proposal and any of the information provided below changes that proposal, please submit the changes along with this amendment. You need not re-submit an entire proposal prior to the opening date and time.

1. RFP CHANGE: ATTACHMENT C AMENDED AND RESTATED IN ITS ENTIRETY Attachment C of this RFP has been amended and restated in its entirety to include any NIJ updated standard armor, if applicable.

New Language:

ATTACHMENT C

SPECIFICATIONS

BODY ARMOR AND PROTECTIVE EQUIPMENT
These specifications are intended to cover the complete range of Body Armor and Protective Equipment. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award. Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement.

The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response.

NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond.

The League of Oregon Cities is accepting proposals for Body Armor and Protective Gear with Related Accessories, Equipment and Services, including but not limited to Body Armor offering resistance to ballistic, explosive, stab, blast, and blunt force trauma.

Proposed solutions must comply with a minimum standard issued by the NIJ if applicable. The NIJ standard you are using must be listed in your response.
- Ballistic Resistance of Body Armor NIJ Standard-0101.06 or NIJ updated standard, as applicable. If offering more than one standard, please specify standard.
- Stab Resistance of Personal Body Armor, NIJ Standard-0115.00 or NIJ updated standard, as applicable. If offering more than one standard, please specify standard.
- NIJ Standard for Ballistic Helmets, NIJ Standard-0106.01 or NIJ updated standard, as applicable. If offering more than one standard, please specify standard.
- NIJ Standard for Ballistic Resistant Protective Materials, NIJ Standard-0108.01 or NIJ updated standard, as applicable.

If offering more than one standard, please specify standard. - NIJ Ballistic Resistance of Body Armor, NIJ Standard-0101.06 or NIJ updated standard, as applicable. If offering more

than one standard, please specify standard.
- Stab Resistance of Personal Body Armor, NIJ Standard-0115.00 or NIJ updated standard, as applicable. If offering more than one standard, please specify standard.

Product Categories

1. Ballistic-Resistant Vest: NIJ Standard- 0101.06 or NIJ updated standard, as applicable, (if offering more than one standard, please specify standard) Protection Levels* NIJ-HG1, NIJ-HG2, NIJ-RF1, NIJ-RF2, NIJ-RD3. Vest models shall be listed on the NIJ Ballistic Armor CPL. The ballistic panel shall have the NIJ mark on the label.

2. Stab-Resistant Vest: NIJ Standard-0115.00 or NIJ updated standard, as applicable, (if offering more than one standard, please specify standard) Edged Blade Protection Level 1, Level 2, and Level 3. Vest models shall be listed on the NIJ Stab Armor CPL.

3. Combination Vest: Ballistic and Spike and/or Edged Blade: All vests offered as combination vests shall be listed on both the NIJ Ballistic Armor CPL and the NIJ Stab Armor CPL.

4. In Conjunction With Armor: NIJ Standard- 0101.06 or NIJ updated standard, as applicable, (if offering more than one standard, please specify standard) Protection Levels* NIJ-HG1, NIJ-HG2, NIJ-RF1, NIJ-RF2, NIJ-RD3. In conjunction with armor providing a specific level of ballistic protection only when layered with a specified model(s) of body armor.

5. K-9 Protective Gear Ballistic & Stab-Resistant Vest

6. Ballistic-Resistant Helmets

7. Ballistic-Resistant Shields: Offering resistance based on NIJ Standard-0101.06 or NIJ updated standard, as applicable, (if offering more than one standard, please specify standard) (standard for ballistic-resistant body armor), Protection Levels NIJ Standard Protection* (1) NIJ HG1 (2) NIJ HG2 (3) NIJ RF1 (4) NIJ RF2 (5) NIJ RF3.

8. Explosive, Bomb, and or Blast-Resistant Suits

9. Carriers: attachment enabled vest (providing no ballistic protection): concealable, uniform shirt, and tactical.

10. Accessories Related to Ballistic, Stab, Explosive, Body Armor and Protection. a. Ballistic-Resistant: accessories such as but not limited to Trauma packs and trauma plates, Inserts for soft and hard armor, Groin, Yoke, Bicep, Collar, and Throat Protection b. Non-Ballistic-Resistant: accessories such as but not limited to Pouches, Replacement Carrier Straps, ID Patches, Carry bags for concealable vest, tactical vest, shield, and helmet, Helmet equipment rails, pads, and retention/suspension systems, Shield lights, shoulder straps, and logos *For reference only, this chart can be used to review NIJ 0101.06 to NIJ 0101.07 Threat Levels Standards.

Table 1: New Threat Levels
Former
Threat
Level
NIJ Level II
NIJ Level
IIIA
NIJ Level Ill
NA
NIJ Level IV
New
Threat
Level
NIJ HG1
NIJ HG2
NIJ RF1
NIJ RF2
NIJ RF3
Notes
HG = handgun
RF = rifle
NIJ RF2 is a new intermediate rifle protection level that includes all the threats at t he NIJ RF1 protection level plus an additional t hreat

(n.d.). Ballistic Resistance of Body Armor, NIJ Standard 0101.07. National Institute of Justice. Retrieved February 16, 2024, from https://nij.ojp.gov/ballistic-resistance-body-armor-nij-standard-010107

2. RFP CHANGE: CLOSE DATE EXTENSION
The dates of this RFP have been extended to allow adequate time for review and response for all eligible vendors. The extended close date for this RFP will be April 8, 2024. The subsequent contract milestone dates have also been updated based on this close date change.

Pursuant to RFP Section 4.2.2, Proposers are hereby notified that the close date has been extended for RFP 2405 BODY ARMOR AND PROTECTIVE EQUIPMENT.

Deadline for submission of proposals is the end of the day on April 8, 2024.

ALL ELSE REMAINS THE SAME FOR RFP 2405.

Deadline for submission of proposals is the end of the day on April 8, 2024.

All Proposals must be signed and uploaded to the designated website. Only those proposals received at the designated website by the due date and time will be considered.

Website:

CLICK HERE TO SUBMIT A PROPOSAL FOR RFP 2405
Proposed Opening Date: April 9, 2024
Approximate Selection and Negotiation Period: April 9, 2024 to April 23, 2024 Approximate Award of Proposal: April 24, 2024
INQUIRIES:
[email protected]
or
LOC “BODY ARMOR AND PROTECTIVE EQUIPMENT RFP” #2405

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St. NE
Suite 200
Salem, OR 97301

NOTICE OF SOLICITATION

LEAGUE OF OREGON CITIES
RFP NUMBER 2405
SOLICITATION FOR: BODY ARMOR AND PROTECTIVE EQUIPMENT
Notice is hereby given that the LEAGUE OF OREGON CITIES (LOC) will accept proposals for Body Armor and Protective Equipment at the electronic address listed below, until the end of day on MARCH 23, 2024. Those proposals will be for the LEAGUE OF OREGON CITIES and members of National Purchasing Partners Government Division (“NPPGov”) across the nation, including but not limited to governmental units incorporated by “ATTACHMENT H” of the Request for Proposal (RFP), WIPHE members identified in “ATTACHMENT G” of the RFP, as well as government units in all other states (collectively, “Participating Agencies”).

Significant sales potential exists because the resulting Master Price Agreement for national proposers will include piggy backing language that permits use of the Master Price Agreement nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds.

All Proposals must be signed and uploaded to the designated website. Only those proposals received at the designated website by the due date and time will be considered.

Website:

CLICK HERE TO SUBMIT A PROPOSAL FOR RFP 2405
INQUIRIES:
[email protected]
or
LOC “BODY ARMOR AND PROTECTIVE EQUIPMENT RFP” #2405

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St. NE
Suite 200
Salem, OR 97301
The solicitation documents may be reviewed at the office address listed above.

NOTE: NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF COMMERCE AND THE USA TODAY.

IMPORTANT

PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL
SOLICITATIONS FOR: BODY ARMOR AND PROTECTIVE EQUIPMENT

1.0 INTENT:

1.1 GENERAL INTENT
The LEAGUE OF OREGON CITIES (“LOC”) serves as the “Lead Contracting Agency” for this solicitation on behalf of its members, and as authorized by the LOC Intergovernmental Agreement, which is an agreement for intergovernmental cooperation among select local Oregon governments and recognized under ORS Chapter 190.

LOC, in association with the members of National Purchasing Partners, LLC dba NPPGov (hereinafter referred to as “NPPGov”), comprises a cooperative procurement group. NPPGov membership includes government and non-profit entities across the United States and Canada, K-12 and Higher education, Tribal government, and other public entities which includes members of Public Safety GPO, First Responders GPO, and Law Enforcement GPO. As required by certain states and provinces, LOC and NPPGov have prepared an Attachment referencing eligible Members that also can be found on the LOC and NPPGov web sites. This procurement group is soliciting proposals from qualified companies (hereinafter referred to as “Proposer”) to enter into a Master Price Agreement for Body Armor and Protective Equipment.

The intent of this Interstate Cooperative Procurement Solicitation (hereinafter referred to as “Solicitation” or “RFP”) is to invite Proposers to submit a competitive pricing proposal offering Body Armor and Protective Equipment to LOC, which will then be made available to NPPGov members locally and nationwide; to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors; and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably, the successful Proposer will provide its entire catalog of products and/or services in order that Participating Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed.

With the exception of successful local Proposer(s) capable of servicing LOC and Participating Agencies within the state of Oregon, successful Proposer(s) should have a strong national presence for Body Armor and Protective Equipment for use by government agencies nationwide.

This Solicitation meets Oregon public contracting requirements (ORS 279A et. seq.) and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

1.2 POTENTIAL MARKET
The LOC is publishing this RFP to create publicly awarded contracts for use by its members, which may also benefit the thousands of fellow members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO. These are nationwide programs representing member government agencies in all 50 states.

We encourage each Proposer’s response to be a collaborative effort including manufacturer and distributor (when they are not the same company) to ensure nationwide contract utilization.

Proposer’s response should also take into consideration the considerable market potential for this Solicitation.

Because the successful proposal will be incorporated into a nationwide cooperative procurement program including tens of thousands of state, local government and non-profit participants from all 50 states, the LOC believes that contracts created from this Solicitation will provide vendors with a significant market advantage.

Members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO and current

vendors who participate in the program indicate the ability to shorten the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to participation.

The LOC believes that participation in the NPPGov purchasing program benefits both its Participating Agencies and successful Proposers. NPPGov engages with successful proposers who complete the Vendor Administration Agreement through a marketing and sales partnership. This partnership includes (but is not limited to) contract promotion to members, contract administration support to potential customers and live customer phone support.

1.3 REQUIREMENTS

1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC’s government members, as well as other Participating Agencies across the nation. The LOC has entered into an Intergovernmental (interlocal) Cooperative Purchasing Agreement with other Participating Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal cooperative purchasing agreements allow Participating Agencies to make purchases at the LOC’s accepted proposal price, terms and conditions, provided that the Participating Agency has satisfied all of its local and state cooperative procurement requirements. Proposer(s) agrees to make the same proposal terms and price, exclusive of any possible rebates, incentives, freight and transportation fees, available to other Participating Agencies. The LOC and NPPGov will not incur any direct liability with respect to specifications, delivery, payment, or any other aspect of purchases by such Participating Agencies or nonprofit institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request — See Attachment A.

The successful Proposer must work directly with the Participating Agencies concerning the placement of orders, disputes, invoicing and payment. The LOC and NPPGov shall not be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any Participating Agency.

Successful Proposers must comply with the state and local laws, rules and regulations in each state and locality where the product or service is provided.

1.3.2 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization included in the Intergovernmental Cooperative Purchasing Agreement. While the terms of the Master Price Agreement shall govern the general pricing terms, each Participating Agency may request modification of the Master Price Agreement in accordance with each Participating Agency’s state and/or local purchasing laws, rules, regulations and procedures, provided said modifications are not material changes. Each Participating Agency may, at its discretion, and upon written agreement by the Participating Agency and Successful Proposer, request additional legal and procedural provisions not included herein that the successful Proposer must adhere to if it wishes to conduct business with said Participating Agency using the Master Price Agreement.

1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services.

Successful Proposers servicing the awarded contract to Participating Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.

1.4 MULTIPLE AWARDS
Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies. The award of multiple contracts is to be determined upon receipt and review of all proposals and based upon the general criteria provided herein. The LOC may solicit proposals from local qualified companies with or without a national presence provided that the successful Proposer is able to provide the LOC with the products and services requested. Multiple awards will ensure fulfillment of current and future requirements of the diverse and large number of Participating Agencies. In the event a local Proposer with no national distribution capabilities best meets the proposal selection criteria, multiple local and nationwide responsive proposals may be awarded

simultaneously in the best interests of local commerce, compliance with local laws, and the Participating Agencies nationwide.

Proposers should be able to serve the needs of Participating Agencies on a national basis. However, this requirement shall not exclude local Proposers without a national presence that are capable of meeting the requirements of the LOC within the state of Oregon.

1.5 CONTRACT USAGE
The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement that Participating Agencies may buy directly from Successful Proposers without the need for further solicitation.

However, Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements as well as the need of further notice prior to utilizing the Master Price Agreement

1.6 BACKGROUND OF NPPGov
NPPGov, owned by two non-profit healthcare organizations, provides group purchasing opportunities and purchasing administrative support for governmental entities and nonprofit institutions within its membership.

NPPGov’s membership includes participating public and nonprofit entities across North America.

1.7 EQUAL OPPORTUNITY
The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals.

1.8 QUALIFIED REHABILITATION FACILITIES
Oregon Public Agencies are prohibited from use of products and services offered under this contract that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List pursuant to ORS 279.835 ORS 279.855.

2.0 SCOPE OF WORK:

2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE:

Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating Agencies.

2.1.1 PROPOSER COMMITMENTS
Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff.

2.1.2 PROPOSERS MUST COMPLETE “ATTACHMENT B” – PROPOSER PROFILE WORKBOOK”.

2.2 PRODUCTS AND SERVICES:

2.2.1 Provide a description of the Body Armor and Protective Equipment offered as set forth in ATTACHMENT C. The primary objective is for the Proposer(s) to provide the Proposer(s)’s entire catalog of products and services (“catalog discount”) that are responsive to this RFP so that Participating Agencies may order a broad range of products and services as appropriate for their needs.

Anticipated future models and related products/services that may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor’s Proposal.

2.2.2 All products offered must be new, unused and the most current product lines, unless otherwise clearly identified as remanufactured goods.

2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the Participating Agencies to access the products, such as retail store availability, expedited delivery intervals, item sourcing, or other unique plans and services.

2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies (e.g. convenience cards, individual/member discounts, additional admin fee, etc.)

2.3 PRICING:

2.3.1 Pricing for the products and services may be based on “ATTACHMENT D” - PRICING SCHEDULE as follows:

A A fixed percentage (%) off marked price based on the Proposer’s catalog or retail store price for each CATEGORY specified in ATTACHMENT D – PRICING SCHEDULE. Proposer shall identify the catalog used.

Option (A) is preferred. If option (A) is not feasible proposer may use option (B) provided Proposer includes a justification.

B Alternatively, contract pricing may be based upon fixed prices (contingencies for economic price adjustments must be identified in the proposal), or a combination fixed percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume.

If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the Master Price Agreement.

2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, cash terms, or rebates to Participating Agencies. However, steeper discounts are preferred to rebates.

2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as described in ATTACHMENT D PRICING SCHEDULE herein.

2.4 TAX:

Proposers shall strictly adhere to all federal, state and local tax requirements applicable to their operation, and to any contract or activity resulting from this Solicitation.

3.0 SPECIAL TERMS & CONDITIONS:

3.1 MASTER PRICE AGREEMENT TERM:

As a result of this Solicitation the successful Proposer(s) shall be awarded a Master Price Agreement for a three

(3) year period. The Master Price Agreement may be extended up to a maximum of three (3) additional one (1) year periods.

3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS
Utilization of the Master Price Agreement will be at the discretion of the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies. The LOC shall be under no obligation to purchase off of the Master Price Agreement. Assuming all local competitive solicitation requirements have been met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for further solicitation.

3.3 INDEMNIFICATIONS AND INSURANCE:

Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable.

3.3.1 Indemnification
The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price Agreement.

3.3.2 Insurance Requirements.

Proposer(s), at Proposer(s)’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a reputable company or companies duly licensed by the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be purchased from a company or companies that are authorized to do business in the State of Oregon, provided that said insurance companies meet the approval of the LOC.

Proposer(s)’s insurance shall be primary insurance with respect to the LOC, and any insurance or selfinsurance maintained by the LOC shall not contribute to it.

Award of this Solicitation is contingent upon the required insurance policies and/or endorsements identified herein. The LOC shall not be obligated to review such policies and/or endorsements or to advise Proposer(s) of any deficiencies in such policies and endorsements, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP.

The insurance policies required by this RFP, except Workers’ Compensation, shall name the LOC, its agents, representatives, officers, directors, officials and employees as an Additional Insured.

The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the LOC, its agents, representatives, officers, directors, officials and employees for any claims arising out of Proposer(s)’s work or service.

3.3.3 Commercial, automobile and workers’ compensation insurance.

3.3.3.1 Commercial General Liability. Proposer(s) shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the Master Price Agreement.

3.3.3.2 Automobile Liability. Proposer(s) shall maintain Automobile Liability Insurance and, if necessary, Commercial Umbrella Insurance. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included.

3.3.3.3 Workers’ Compensation and Employer’s Liability. Proposer(s) shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Proposer(s)’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance.

In case any work is subcontracted, Proposer(s) will require the SubProposer(s) to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Proposer(s).

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

4.1.1 Publication of Request for Proposal
Publication of this Solicitation conforms with ORS 279B, to include Public Notice by publication in a newspaper of general circulation in the area where the LEAGUE OF OREGON CITIES (“LOC”) is located no less than 30 days prior to the proposal due date, as well as posting of the Public Notice on the web site that typically posts Public Notices concerning the LOC.

Solicitation Notice Publication: FEBRUARY 7, 2024

4.1.2 Question and Answer period
The LOC will post questions and answers concerning this Solicitation no later than 10 days prior to the proposal due date. All questions shall be submitted in writing via email to, Contract Manager, at [email protected]. The LOC reserves the right to accept and answer questions after the question and answer period has expired. All questions and answers will be posted on the LOC website at www.orcities.org.

4.1.3 Submission of Proposals
There will be no mandatory pre-proposal meeting. All questions must be submitted via email as directed above. If necessary, questions can be submitted in writing to LEAGUE OF OREGON CITIES, c/o Contract Manager, 1201 Court St. NE, Suite 200, Salem, OR 97301 or [email protected].

Close date: Deadline for submission of proposals is the end of the day on MARCH 23, 2024. The LOC must receive all proposals before the end of the day on the above closing date.

Approximate opening date: MARCH 25, 2024.

Proposal selection: MARCH 25, 2024 to APRIL 8, 2024.

Approximate award date: APRIL 9, 2024.

All responses to this Solicitation become the property of the LOC. Proposers should mark those aspects of the proposal that they consider trade secrets and exempt from public disclosure. The LOC will not be held accountable if parties other than the LOC obtain material from proposal responses without the written consent of the Proposer(s).

4.1.4 Withdrawal of Proposal
The Proposer(s) may withdraw its proposal at any time prior to the hour and date set for the receipt of proposals. Withdrawal will not preclude the submission of another proposal prior to the deadline.

4.2 REVIEW, INQUIRIES AND NOTICES:

4.2.1 The solicitation documents may be reviewed in person at the following address:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem, OR 97301

All inquiries concerning information herein shall be addressed to:

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St. NE
Suite 200
Salem, OR 97301
Email inquiries shall be addressed to: [email protected] Inquiries are required to be submitted by email to the Administrative Contact listed above. No oral communication is binding on the LOC.

4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda If any Proposer(s) finds discrepancy in, or omissions from, or is in doubt to the true meaning of any part of the RFP document, he/she shall submit a written request for a clarification or interpretation thereof to:

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St. NE
Suite 200
Salem, OR 97301
Any request for clarification or interpretation must be received at least ten (10) calendar days prior to the RFP closing date.

The LOC is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addenda. Addenda, if necessary, will be issued not later than five (5) days prior to the RFP closing date by publication on the LOC’s web site and NPPGov website.

Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If inquiries or comments by Proposers raise issues that require clarification by the LOC, or the LOC decides to revise any part of this Request for Proposal, addenda will be published and provided to all persons who receive the Request for Proposal. Receipt of an addendum must be acknowledged by signing and returning it with the proposal.

4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:

Proposers are to submit one (1) electronic proposal, in PDF format, to the designated website detailed on the first page of this solicitation. Proposal should contain the original signatures on any pages where a signature is required (because electronic submissions are required, either electronic signatures or scans of hand-signed pages should be included).

All prices shall be held firm for a period of sixty (60) days after the Solicitation closing date. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) days from the RFP closing date.

4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP
The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these exceptions, referencing the section (paragraph) where the exception exists and stating the proposed revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 2405.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 2405.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions.

The Proposer shall detail any and all deviations from specifications, if any, contained in this Solicitation and Attachments, as requested. The LOC may accept or reject deviations, and all LOC decisions shall be final.

4.5 RESPONSE FORMAT AND CONTENT:

To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals should have clearly defined sections designated as follows:

4.5.1 Letter of Transmittal

4.5.2 Table of Contents

4.5.3 Short introduction and executive summary. This section shall contain an outline of the general approach utilized in the proposal.

4.5.4 The proposal should contain a statement of all of the programs and services proposed, including conclusions and generalized recommendations. Proposals should be all-inclusive, detailing the Proposer’s best offer. Additional related services should be incorporated into the proposal, if applicable.

4.5.5 Qualifications – This section shall describe the Proposer’s ability and experience related to the programs and services proposed.

4.5.6 Exceptions to the Solicitation, RFP Number 2405.

4.5.7 PRICING SCHEDULE (“ATTACHMENT D”).

4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”).

4.5.9 Complete, Current Catalog Pricing shall be uploaded with the entire proposal.

4.5.10 Format Proposal to specifically address each individual sub-section and sub-set of the SCOPE OF WORK (Section 2.0).

4.5.11 Signed Addenda, if any.

4.5.12 Proposal Final Certification.

5.0 EVALUATION AND POST SUBMISSION

5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS:

LOC will evaluate each Proposal and prepare a scoring of each Proposal. Each Proposal received and reviewed shall be awarded points under each criterion solely on the judgment and determination of the Evaluation Committee and the LOC. There is a maximum score of 500 points and Proposer’s average total score must be at least 200 points for consideration of an award. Proposals will be evaluated on the following criteria and further defined in the Proposal Evaluation Form (ATTACHMENT E) utilizing the point system indicated on the form:
1) Pricing 2) Product Line (within each category) 3) Marketing 4) Customer Service 5) Proven Experience 6) Coverage 7) Conformance
At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee. LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation.

5.1.1 Additional criteria/preferences that are not necessarily awarded points.

5.1.1.1 Pursuant to ORS 279A.128, Lead Contracting Agency shall give preference to goods fabricated or processed within state or services performed within state.

5.1.1.2 Pursuant to ORS 279A.125, Lead Contracting Agency shall give preference to the procurement of goods manufactured from recycled materials.

5.1.1.3 Pursuant to ORS 279A.120, Lead Contracting Agency shall give preference to goods and services that have been manufactured or produced within the State of Oregon if price, fitness, availability and quality are otherwise equal; and the Lead Contracting Agency shall add a

percent increase to the proposal of a nonresident Proposer equal to the percent, if any, of the preference given to the Proposer in the state in which the Proposer resides. All Proposers shall identify the state to which it is a resident bidder.

5.1.1.4 Lead Contracting Agency shall consider proposals for printing, binding and stationary work in accordance with ORS 282.210, incorporated herein by this reference.

5.1.1.5 Proposer shall comply with all federal, state and local laws applicable to the work under the Master Price Agreement awarded as a result of this Solicitation, including, without limitation, the provisions of ORS 279A and ORS 279B, including those provisions set forth on “ATTACHMENT F”, attached hereto and incorporated herein by this reference.

5.1.1.6 Pursuant to Section 1.7, the Lead Contracting Agency encourages Minority and Women-owned Small Business Proposers to submit proposals.

5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS

5.2.1 The Request for Proposal does not commit the LOC to award a Master Price Agreement for the products or services specified within the Request for Proposal document. The LOC may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100. Under no circumstance will the LOC pay the costs incurred in the preparation of a response to this request.

5.2.2 The LOC reserves the right to:

5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a result of the Request for Proposals;

5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) other than the lowest cost proposer;

5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the Proposer(s).

5.2.3 The award, if there is one, will be made to that Proposer(s) who is determined to be the most qualified, responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP.

5.3 PROTEST PROCESS
A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at 1201 Court St. NE, Suite 200, Salem, OR 97301 not less than ten (10) days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the procurement process or Solicitation document that the protester believes will remedy the conditions upon which the protest is based. The LOC shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405. The LOC shall respond pursuant to ORS 279B.405. If the LOC upholds the protest, in whole or in part, the LOC may in its sole discretion either issue an Addendum reflecting its disposition or cancel the procurement or solicitation. The LOC may extend the due date of proposals if it determines an extension is necessary to consider and respond to the protest.

A Proposer may protest the Award of the Contract, or the intent to Award the Contract, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC’s decision shall be governed by ORS 279B.415.

5.4 NON-ASSIGNMENT
If a Master Price Agreement is awarded, neither party shall assign the Agreement in part or in total.

5.5 POST AWARD MEETING:

The successful Proposer(s) may be required to attend a post-award meeting with the LOC to discuss the terms and conditions of the Master Price Agreement.

5.6 PROPOSAL FINAL CERTIFICATION
The Proposer must certify the following:
a) I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and specifications as they appear in this Notice of Solicitation. b) I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below:

Proposer Name: ____________________________________________ Signature: _________________________________________________ Name Typed: ______________________ Title: ___________________ Proposer is a resident bidder of the state of _______________________ Date: _____________________

ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
(The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency)
(The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein)

ATTACHMENT B
Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request)

1.0 GENERAL QUESTIONS:

Section 1.1 only to be completed by vendors with a national presence; i.e. vendors with a sales territory in 25 states or more.

1.1 The “Yes” or “No” questions below are to help evaluators familiarize themselves with national vendors. Indicate “Yes” or “No” as it applies to your company.
 Do you have a national sales force adequate in size to meet the demands of multiple agencies and their unique needs for the products and services listed herein?
Yes No
 Do you have a national distribution network that will support sales resulting from this RFP? Yes No
 Can you provide product availability to meet the requirements for materials and services listed herein for government and nonprofit agencies nationwide in a timely manner? Yes No
 Does your company have the ability to provide toll-free telephone/fax access, and an online presence? Yes No
 Can you provide a single point of contact (National Account Manager) to interact with the lead agency and NPPGov staff?
Yes No
 Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits?
Yes No

1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market, please use most similar business references available. Include:

Agency name and address
Contact name, phone and email
Description of products/services sold and date.

LOC may use other information, however learned, in evaluation of the response.

1.3 OPTIONAL: If a Dun and Bradstreet Comprehensive Report (or similar) for your company is available, please submit it with your response.

1.4 OPTIONAL: Attach any case studies, white papers and/or testimonials supporting your company and products/services.
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2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

2.3 If applicable to the product(s) and/or service(s), describe the Proposer’s ability to conduct Ecommerce or online ordering. [Insert response in box below]

2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and billing. [Insert response in box below]

2.5 Describe Proposer’s ability to provide detailed electronic reporting of quarterly sales correlated with NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to Vendor Administration Agreement (VAA), a copy of which is available upon request from the LOC. [Insert response in box below]

2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises (MWBE) preferences, which may vary among Participating Agencies. [Insert response in box below]

2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating “yes” or “no” below.

2.8 By submitting a Proposal in response to this RFP, Proposer agrees, if applicable, to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE

REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. Indicate “yes” or “no” below.

2.9 Complete Exhibit 1, located at the end of this workbook.

I
I

3.0 DISTRIBUTION SYSTEM:

3.1 Describe distribution of products and/or services available in Proposer’s response through Proposer’s distribution system (including Alaska and Hawaii), including any limitations. [Insert response in box below]

3.1.A Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, indicate “yes” or “no” below? YES NO

3.2 Provide Proposer’s shipping and delivery policy, including standard delivery time and any options and costs for expedited delivery and return policies. [Insert response in box below]

3.3 Third party and/or subcontracting may be allowed. If applicable, detail the sub-contracting process (ordering, shipment, invoicing, billing) for those products not carried in Proposer’s distribution center.

Alternatively, if proposer utilizes a third-party ordering, shipment, invoicing or billing partner, please describe in detail. [Insert response in box below]

3.4 What is Proposer’s backorder policy? Is your policy to classify as “immediate or cancel” (requiring the Participating Agency to reorder if item is backordered) or “good until cancelled”? [Insert response in box below]

3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? Yes No
[Check one]

3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors.

D D
I I CJ

4.0 MARKETING:

4.1 Outline Proposer’s plan for marketing the Products and Services to the Participating Agencies on a local and national basis. Include any marketing incentives such as committed dollars for advertising, conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below]

4.2 Explain how Proposer will educate its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

4.3 Indicate the Proposer’s willingness to allow training to its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

5.0 POINT OF CONTACT:

Proposer POC who will administer, coordinate, and manage this program with NPPGov and the LEAGUE OF OREGON CITIES:

Contact Person: Title:

Mailing Address:

City: State & Zip:

Email Address:

Phone #: Fax #:

Attach current resume of National Account Manager that will be the POC managing this contract.

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I I
I I

6.0 CUSTOMER SUPPORT SERVICES:

Explain Proposer’s policy regarding each of the following if applicable to product(s) and/or service(s):

6.1 Auditing for order completeness. [Insert response in box below]

6.2 Replacement policy (i.e., damaged or defective goods). [Insert response in box below]

6.3 Minimum order requirement (e.g., Individual item vs. case lot). [Insert response in box below]

6.4 Customer service hours/days of operation [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.5 Special Orders. [Insert response in box below]

6.6 Post sale services issues. [Insert response in box below]

6.7 Repair services, including repair warranty programs, if any. Proposer shall identify, where applicable, authorized factory repair facilities that will honor the warranty of items on contract. [Insert response in box below]

6.8 Technical support services Proposer provides. [Insert response in box below]

6.9 Product substitution policy. [Insert response in box below]

6.10 Identify trade-in program criteria (if applicable). [Insert response in box below]

6.11. After hours service (including weekends and holidays) [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.12 Shipment tracking. [Insert response in box below]

6.13 Back order tracking process. [Insert response in box below]

6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below]

I I I I I I

I I I I I I

I I I I I I

I I I I I I

6.15 Electronic billing. [Insert response in box below]

6.16 Explain how Proposer will resolve complaints, issues, or challenges. [Insert response in box below]

6.17 Other services not already covered. [Insert response in box below]

7.0 DELIVERY AND FREIGHT CHARGES:

7.1 Identify delivery and/or shipping costs or provide a shipping rate schedule based on weight, item, and/or destination for all items ordered within the continental U.S. (and Hawaii/Alaska). The Proposer shall identify all exceptions to this shipping rate schedule. [Insert response in box below]

7.2 Identify policy for transfer of product ownership (delivery) and damage/issue resolution. [Insert response in box below]

8.0 VENDOR TERMS AND CONDITIONS.

8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions related to their purchase? Yes No [Circle one]

8.2 If answered yes to 8.1, include a copy of or link to terms and conditions.

9.0 WARRANTY INFOMATION:

9.1 Identify warranty options, if applicable. [Insert response in box below]

Exhibit 1
Body Armor and Protective Equipment Coverage

RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS
Number of retail
stores in each state?
(leave blank for
none)
Number of
distribution centers
in each state?
(leave blank for
none)
Number of support
locations in each
state? (leave blank
for none)

ALABAMA
ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA
HAWAII
IDAHO

ILLINOIS

INDIANA
IOWA
KANSAS

KENTUCKY

LOUISIANA
MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA
NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE

Exhibit 2
Declaration of Non-Collusion
The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows:

The person, firm, association, co-partnership or corporation herein named has not, either directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal.

DATED this ______ day of _____________, _______.

(Name of Firm)
By:
(Authorized Signature)
Title:

ATTACHMENT C

SPECIFICATIONS

BODY ARMOR AND PROTECTIVE EQUIPMENT
These specifications are intended to cover the complete range of Body Armor and Protective Equipment. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award. Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement.

The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response.

NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond.

The League of Oregon Cities is accepting proposals for Body Armor and Protective Gear with Related Accessories, Equipment and Services, including but not limited to Body Armor offering resistance to ballistic, explosive, stab, blast, and blunt force trauma.

Proposed solutions must comply with current minimum standards issued by the NIJ and if applicable, must meet the NIJ standards listed below.

- Ballistic Resistance of Body Armor NIJ Standard-0101.07 (2023) - Stab Resistance of Personal Body Armor, NIJ Standard-0115.00 (2000). - NIJ Standard for Ballistic Helmets, NIJ Standard-0106.01 (1981). - NIJ Standard for Ballistic Resistant Protective Materials, NIJ Standard-0108.01 (1985). - NIJ Ballistic Resistance of Body Armor, NIJ Standard-0101.07 - Stab Resistance of Personal Body Armor, NIJ Standard-0115.01 (TBD) The new standard is not published as of the date of the RFP but will be required during the contract cycle.

Product Categories

1. Ballistic-Resistant Vest: NIJ Standard-0101.07 Protection Levels NIJ-HG1, NIJ-HG2, NIJ-RF1, NIJ-RF2, NIJ-RD3.

Vest models shall be listed on the NIJ Ballistic Armor CPL. The ballistic panel shall have the NIJ mark on the label.

2. Stab-Resistant Vest: NIJ Standard-0115.00 Edged Blade Protection Level 1, Level 2, and Level 3. Vest models shall be listed on the NIJ Stab Armor CPL.

3. Combination Vest: Ballistic and Spike and/or Edged Blade: All vests offered as combination vests shall be listed on both the NIJ Ballistic Armor CPL and the NIJ Stab Armor CPL.

4. In Conjunction With Armor: NIJ Standard-0101.07 Protection Levels NIJ-HG1, NIJ-HG2, NIJ-RF1, NIJ-RF2, NIJRD3. In conjunction with armor providing a specific level of ballistic protection only when layered with a specified model(s) of body armor.

5. K-9 Protective Gear Ballistic & Stab-Resistant Vest

6. Ballistic-Resistant Helmets

7. Ballistic-Resistant Shields: Offering resistance based on NIJ Standard-0101.06 (standard for ballistic-resistant body armor), Protection Levels NIJ Standard Protection (1) NIJ HG1 (2) NIJ HG2 (3) NIJ RF1 (4) NIJ RF2 (5) NIJ RF3.

8. Explosive, Bomb, and or Blast-Resistant Suits

9. Carriers: attachment enabled vest (providing no ballistic protection): concealable, uniform shirt, and tactical.

10. Accessories Related to Ballistic, Stab, Explosive, Body Armor and Protection. a. Ballistic-Resistant: accessories such as but not limited to Trauma packs and trauma plates, Inserts for soft and hard armor, Groin, Yoke, Bicep, Collar, and Throat Protection b. Non-Ballistic-Resistant: accessories such as but not limited to Pouches, Replacement Carrier Straps, ID Patches, Carry bags for concealable vest, tactical vest, shield, and helmet, Helmet equipment rails, pads, and retention/suspension systems, Shield lights, shoulder straps, and logos

ATTACHMENT D

PRICING SCHEDULE
The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a wide array of products and services as appropriate for their needs. Proposer is encouraged but is not required to respond to all categories. Proposer may suggest additional categories and sub-categories as applicable. Proposer may subcontract items Proposer does not supply.

The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this document but should outline any additional services and their costs if the Proposer deems them necessary to accomplish the program.

Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each proposal.

Contract admin fee (established in the “Requirements” Section of the RFP) may not be listed or charged as a separate line item to users of the contract. Contract pricing shall be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the proposal)
3) A combination of the above.

EXAMPLE

BODY ARMOR AND PROTECTIVE EQUIPMENT
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not available)
Ballistic-Resistant Vest
Stab-Resistant Vest
In Conjunction With Armor
Combination Vest
K-9 Protective Gear Ballistic & Stab-Resistant Vest
Ballistic-Resistant Helmets
Ballistic-Resistant Shields
Explosive, Bomb, And/Or Blast-Resistant Suits
Carriers
Accessories Related To Ballistic, Stab, Explosive, Body Armor And Protection
Options
Proposers shall provide pricing on all options, modifications, and accessories in a format that best represents their product line and pricing structure. This may include specific pricing for some options and may also include general pricing/discounts for categories of options. Proposer may also indicate availability and pricing of all other non-specified options. The intent is to provide Proposers the opportunity to present as much product as possible in the format that fits within their individual formatting needs so that the resulting award allows LOC and NPPGov members the greatest number of procurement options.

Miscellaneous
Proposers should include any applicable pricing information related to Section 2.3 of the RFP including but not limited to: large volume purchases, cash terms, rebates, freight/delivery costs and individual discounts.

ATTACHMENT E

PROPOSAL EVALUATION FORM
Proposals will be evaluated using a two-step process.

The first step evaluates the responsiveness of the proposer and determines 1) if the proposer is deemed fully responsive enabling the proposal to move to the second step and 2) if the proposal will be evaluated as a local response (within the State of Oregon), regional response (covering multiple States, but not the entire US) or a national response (covering the entire US, or at least the continental US).

The second step of the evaluation process will only occur with proposals deemed fully responsive from the first step. The second step fully evaluates the proposer’s response based on the criteria found in the proposal evaluation form.

STEP 1
Proposal Responsiveness
Component YES NO
Submitted on time (REQUIRED)
Completed Proposer Profile Workbook (PPW)
Included references
Proposal signed (REQUIRED)
Deemed Fully Responsive YES NO
Categorized as Local, Regional or National Local I Regional National

Proposal Evaluation Form
STEP 2
Full Evaluation of Proposal
Point Value Definitions
(5) Exceeded Requirements – Compelling Detail, Showed Ability to Complete (4) Met Requirements – Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient
(2) Unclear if Requirements Met - Poor or Confusing
(1) Did Not Comply with Requirements - Substandard
(0) Blank
Component Evaluated Weight Possible Points
(0-5)
Total Points
(Weight x
PP)
Evaluator’s Comments
Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions.

Attachment D and PPW Section 7.0.
25 Comments:

Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability.

Attachment C and PPW Section 9.0.
15 Comments:

Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce.

PPW Section 4.0.
15 Comments
Customer Service: Support dedicated to Participating Agencies.

Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4 and Section 6.0.
15 Comments:

Proven Experience: Success in providing products and services in a timely manner. Years in business, references and reputation.

Experience with cooperative purchasing.

PPW Sub-Section 1.2.
15 Comments:

Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability.

Clearly states distribution model and provides dealer list if applicable.

PPW Section 3.0 and Exhibit 1.
10 Comments:

Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP. Followed the response format and content, was clear and easily understood. Provided Term’s and Condition’s, if applicable.

PPW Section 8.0 and 4.5 of RFP.
5 Comments:

TOTAL 100

ATTACHMENT F

OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS Successful Proposer (Contractor) shall comply with the requirements of this ATTACHMENT F to the extent required by any applicable federal or state law.
(1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the performance of the work provided for in the contract and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor.
(2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. (3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.
(4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167
(5) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the LOC or any Participating Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the validity of any claim for labor or material furnished, the District may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. (6) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service.
(7) In a contract for personal services, contractor shall pay employees at least time and half for all overtime worked in excess of 40 hours in any one week under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). In contracts for services, contractors shall pay employees at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(A) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.
(8) The Contractor must give notice in writing to employees who work on this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work. (9) All subject employers working under the contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126.
(10) All sums due the State Unemployment Compensation Trust Fund from the Contractor or any Subcontractor in connection with the performance of the contract shall be promptly so paid. (11) The contract may be canceled at the election of LOC for any willful failure on the part of Contractor to faithfully perform the contract according to its terms.
(12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385.

(13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors.

ATTACHMENT G

WIPHE RESPONSE FORM

THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE
Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below:
________ DOES NOT agree to sell to WIPHE Institutions.
________ AGREES to sell to WIPHE Institutions at same prices and discounts, with the following exceptions:
(attach additional pages as necessary)
Vendor must state geographic areas or specific institution(s) listed below within the State of Washington that are EXCLUDED from the contract(s) resulting from this solicitation:

Washington Institutions of Public Higher Education (WIPHE). See list on following page.

If Vendor agrees to sell to the WIPHE Institutions, a WIPHE Contract number will be assigned and the information will be reported to the Council of Presidents. The Council of Presidents notifies all the other schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE website updated. WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal

Washington Institutions of Public Higher Education (WIPHE)

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY

FOUR-YEAR UNIVERSITIES
COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE

Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

BAINBRIDGE ISLAND PARKS
BATTLE GROUND SCHOOL DISTRICT 119
BELLEVUE SCHOOL DISTRICT 405

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

BREMERTON PORT OF
BREMERTON SCHOOL DISTRICT 100
BURLINGTON EDISON SCHOOL DIST 100

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

CENTRAL WAS COMP MENTAL HEALTH
CENTRALIA SCHOOL DISTRICT 40
CHEHALIS SCHOOL DISTRICT 302

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

CLARK COUNTY PUD
CLE ELUM-ROSLYN SCHOOL DISTRICT 404
CLOVER PARK SCHOOL DISTRICT 400

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

EAST WENATCHEE WATER
EATONVILLE SCHOOL DIST 404
EDMONDS SCHOOL DISTRICT 15
EDUCATIONAL SERVICE DIST 114
EDUCATIONAL SERVICE DISTRICT 113
ELLENSBURG SCHOOL DIST 401

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD

FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

GRAND COULEE PROJECT
GRANDVIEW SCHOOL DIST 116/200
GRANITE FALLS SCHOOL DIST 332

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

KENNEWICK GENERAL HOSPITAL
KENNEWICK SCHOOL DISTRICT 17
KENT SCHOOL DIST 415
KETTLE FALLS SCHOOL DIST 212

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

LAKE CHELAN RECLAMATION DIST
LAKE STEVENS SCHOOL DIST 4
LAKE WASHINGTON SCHOOL DIST 414

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

MOUNT BAKER SCHOOL DIST
MT VERNON SCHOOL DISTRICT 320
MUKILTEO SCHOOL DIST 6

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

NW REGIONAL COUNCIL
OAK HARBOR SCHOOL DIST 201
OAKVILLE SCHOOL DIST 400
OCOSTA SCHOOL DIST 172

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES

PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

QUINCY COLUMBIA BASIN IRRIG DIST
RICHLAND SCHOOL DIST 400
S KITSAP SCHOOL DISTRICT 402

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

SNOHOMISH HEALTH DISTRICT
SNOHOMISH SCHOOL DISTRICT 201
SOAP LAKE SCHOOL DISTRICT 156

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

VANCOUVER PORT OF
VANCOUVER SCHOOL DISTRICT 37
VASHON ISLAND SCHOOL DISTRICT 402

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC

WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

WASHINGTON STATE MIGRANT COUNCIL WEST
VALLEY SCHOOL DISTRICT 208
WEST VALLEY SCHOOL DISTRICT 363

WESTERN FOUNDATION THE WHATCOM

CONSERVATION DIST WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT WHATCOM

COUNTY RURAL LIBRARY DIST WHIDBEY

GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER WILLAPA
VALLEY SCHOOL DISTRICT 160 WILLAPA

VALLEY WATER DISTRICT WINLOCK SCHOOL
DISTRICT 232 WOODINVILLE FIRE & LIFE

SAFETY DIST WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT YAKIMA

COUNTY REGIONAL LIBRARY YAKIMA
SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

YMCA OF GREATER SEATTLE
*Washington State cities and other unnamed
Washington State local and municipal agencies may
also utilize the resulting Master Price Agreement;
provided they enter into the Intergovernmental
Cooperative Purchasing Agreement.

ATTACHMENT H

ELIGIBLE POLITICAL SUBDIVISIONS BY STATE
ATTACHMENT H: ELIGIBLE POLITICAL SUBDIVISION BY STATE is included as a separate document and incorporated by reference herein.

LEAGUE OF OREGON CITIES

BODY ARMOR AND PROTECTIVE EQUIPMENT
Solicitation No. 2405
Intent
The League of Oregon Cities (LOC) served as the Lead Agency to solicit proposals for Body Armor and Protective Equipment. LOC works in cooperation with National Purchasing Partners “NPP” and its Government Division dba NPPGov, dba Public Safety GPO and dba Law Enforcement GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership. The published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPPGov throughout the nation to “piggyback” off the resulting Master Price Agreement.

Determination for issuing RFP vs. Sealed Bid
LOC has determined that it is advantageous for LOC to procure Body Armor and Protective Equipment using a secure competitive RFP process evaluated based on “best value” rather than sealed bidding. Sealed bidding limits the evaluation of offers solely to compliance with the requirements, provides no opportunity to compare the product and service offerings among the vendors, and uses price as the predominate deciding factor. Such limitations prevent LOC from awarding the most advantageous contract(s) to LOC and its members.

Procedure
LOC issued an RFP (2405) on February 7, 2024.

The RFP was published in the Daily Journal of Commerce on February 7, 2024.

The RFP was published in USA Today on February 7, 2024.

The RFP Close Date was extended on February 19, 2024.

The RFP closed on April 8, 2024.

The RFP was awarded on May 7, 2024.

The RFP was posted to the following websites: orcities.org and nppgov.com.

The text of the published notice of solicitation is as follows:

LOC received a proposal(s) from the following vendor(s):

1. Covert Armor

2. Curtis Blue Line

3. GH Armor

4. Greystone Tactical

5. Municipal Emergency Services (MES)

6. Proforce Law Enforcement

7. Safariland

8. Sarkar Tactical

9. Slate Solutions

10. Survival Armor

11. TYR Tactical

12. U.S. Armor

13. United Shield International

14. White Horse
Proposals were evaluated by LOC based on the criteria contained in the RFP and selected the following successful proposer(s):

1. Curtis Blue Line

2. GH Armor

3. Greystone Tactical

4. Municipal Emergency Services (MES)

5. Proforce Law Enforcement

6. Safariland

7. Slate Solutions

8. Survival Armor

9. U.S. Armor
League of Oregon Cities (LOC)

NOTICE OF SOLICITATION
LOC intends to enter into a master price agreement for the procurement of the following products and services to LOC members and make available to all members of the national cooperative purchasing program National Purchasing Partners, LLC ("NPPGov").

Body Armor and Protective Equipment #2405
Right of Way Maintenance Equipment #2410
Airport Runway Equipment #2415
STEAM Curriculum and Supporting Supplies #2420
Recycling and Repurposing Equipment #2425
Waste Management #2430
Responses Due March 23, 2024
For information or a copy of the Request for Proposal contact LOC, Procurement Specialist at [email protected] or download at orcities.org.

Evaluation
The evaluation was based on the following criteria as described in the RFP (weighted):

Component Evaluated Weight
Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions.

PPW Section 7.0 and Attachment D.
25 Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability.

PPW Section 9.0 and Attachment C.
15 Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce.

PPW Section 4.0.
15 Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4 and Section 6.0.
15 Proven Experience: Success in providing products and services in a timely manner.

Years in business, references, and reputation. Experience with cooperative purchasing.

PPW Sub-Section 1.2.
15 Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable.

PPW Section 3.0 and Exhibit 1.
10 Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP.

Followed the response format and content, was clear and easily understood.

Provided Term’s and Condition’s, if applicable.

PPW Section 8.0 and 4.5 of RFP.
5 TOTAL 100

Pricing Structure
Curtis Blue Line: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

GH Armor: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Greystone Tactical: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Municipal Emergency Services (MES): Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Proforce Law Enforcement: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Safariland: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Slate Solutions: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Survival Armor: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

U.S. Armor: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Additional Information
National Purchasing Partners Marshall Stiles, Contract Manager International Place, North Tower [email protected] 17930 International Boulevard nppgov.com
Suite 900
SeaTac, WA 98188

4902-9464-0274 v1 Page 1 of 1

STAFF REPORT
AGENDA ITEM: Resolution Continuing the Local Emergency in the City of Livingston From February 17, 2026, through the Present Due to the Public Health and Property Threat Created by the Well 9 Failure (4/5 Vote Required) MEETING DATE: April 07, 2026
PREPARED BY: Jesus Jr. Chavez, Water/Wastewater Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution continuing the local emergency in the City due to the public health and property threat created by the Well 9 failure.

BACKGROUND:

On February 17, 2026, Council approved Resolution 2026-19 finding a need to take emergency actions to repair or replace the failed casing and motor of Well 9.

DISCUSSION:

Under Ca. Public Contract Code §22050 (c)(1), the City Council must review the emergency action at its next regularly scheduled meeting, or at least every 14 days, until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action to respond to the emergency.

The emergency repairs to Well 9 is ongoing. Staff anticipates completion by mid-May 2026, placing the well back in service before peak summer demand. Well 8A is not expected to be online until fall 2026 and therefore cannot serve as an interim supply source. The repairs remain necessary to prevent the loss of well availability during high-demand months, potential loss of water supply redundancy, increased operational strain on other production wells, and potential public health or property and conservation impacts. For these reasons staff believes there is a need to continue the emergency action.

FISCAL IMPACT:

There is no fiscal impact to continuing the emergency action under Public Contract Code §22050.

ATTACHMENTS:

1. Resolution No. 2026-

4904-9537-7042 v1 Page 1 of 2
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CONTINUING

THE LOCAL EMERGENCY DUE TO THE PUBLIC HEALTH AND PROPERTY THREAT CREATED BY THE WELL 9 FAILURE (4/5 VOTE REQUIRED) WHEREAS, on February 17, 2026, the City Council approved Resolution No.2026-19, finding a need to take emergency action to repair or replace the failed casing and motor of Well 9, pursuant to California Public Contract Code §22050(a); and WHEREAS, the emergency repairs to Well 9 have commenced and are ongoing; and WHEREAS, City staff anticipates this additional rehabilitation work will take 4-6 weeks to complete and staff is targeting completing this work before the hot summer months when the water demand is at its highest for the year; and
WHEREAS, the City Council shall review the emergency action at its next regularly scheduled meeting or at least every 14 days until the action is terminated, to determine, by a fourfifths vote, that there is a need to continue the action; and WHEREAS, when the City Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts; and WHEREAS, due to the deteriorated well casing, worn out pump bowls, and motor rewinding for Well 9, the City requires the repairs to the well casing, replacement of the well pump, and motor rewind and constitutes a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of health, property, or essential public services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds:

1. That a local emergency still exists due to the failure of Well 9.

2. That there is a need to continue the emergency action.

3. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 7th day of April 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

4904-9537-7042 v1 Page 2 of 2
By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney

STAFF REPORT
AGENDA ITEM: Resolution (1) Approving the Procurement of One Complete Variable Frequency Drive (VFD) Panel with Main Breaker, DV/DT Motor Filter and Local Control options (HOA, Pot and Lights) from Valley 29 Electric, in the Amount Not to Exceed $41,124.65, (2) Authorizing the Finance Department to Make a Supplement Appropriation to the Wastewater Enterprise Fund in the Amount of $41,124.65; and (3) Authorizing the City Manager to Execute all Required Documents
MEETING DATE: April 7, 2026
PREPARED BY: Jesus Jr. Chavez, Water/Wastewater Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City of Livingston (1) approving the procurement of one complete Variable Frequency Drive (VFD) panel with main breaker, DV/DT Motor Filter and local control options (HOA, Pot and Lights) from Valley 29 Electric, in the amount not to exceed $41,124.65, (2) authorizing the Finance Department to make a supplement appropriation to the Wastewater Enterprise Fund in the amount of $41,124.65; and (3) authorizing the City Manager to execute all required documents.

BACKGROUND/ DISCUSSION:

In June 2025, the VFD for the aeration motor was taken offline when the aerator motor failed and all power to the VFD was removed. During replacement of the aerator motor in late December 2025, the existing 18-pulse VFD shorted to ground. The initial inspection identified a possible rodent-caused short. Staff engaged a second electrical company to confirm the condition; that company verified the VFD was internally damaged because of the short. The existing 18-pulse drive is aging, uses obsolete components that are difficult and costly to source, and occupies a larger footprint than modern alternatives.

Staff evaluated the current VFD technologies and identified modern drives with smaller footprints and improved serviceability that could be installed on a new control panel sized to fit the existing location.

To ensure comparable bids, staff prepared a detailed scope-of-supply VFD panel specification and solicited proposals from four qualified contractors: Valley 29 Electric, LLC; TELSTAR Instruments; Fisher Electrical Integration; and Conco West Inc.

After evaluating all four proposals, staff determined that the lowest responsible bidder was Valley 29 Electric, LLC, with a bid of $41,124.65 for the Panel/VFD.

Vendor Quote
Valley 29 Electric, LLC $41,124.65
TELSTAR Instruments $49,197.00
Fisher Electrical
Integration
$51,576.48
Conco West Inc. $49,000.00
Staff recommend approving the Valley 29 Electric. proposal for the Altivar 960 Process Drive Panel ATV960. The purchase of a Variable Frequency Drive (VFD) for the City’s wastewater treatment plant is estimated at $41,124.65. Pursuant to the City’s participation in the California Uniform Public Construction Cost Accounting Act, projects within this cost range are subject to informal bidding procedures. Staff solicited quotes from qualified vendors in accordance with the City’s purchasing policies and the requirements of the Act to ensure competitive pricing and compliance with state law.

FISCAL IMPACT:

Staff is requesting a supplemental appropriation to the Fiscal Year 2025/2026 budget in the amount of $41,124.65 to the Wastewater Enterprise Fund (2101-810-4439)- Wastewater Treatment Plant O & M ATTACHMENTS:

1. Resolution No. 2026-__

2. Exhibit A VFD Panel Proposal Request-Scope of Supply

3. Exhibit B Valley 29 Electric Proposal # 351

4906-0560-1142 v2
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

APPROVING THE PROCUREMENT OF ONE COMPLETE VARIABLE FREQUENCY

DRIVE (VFD) PANEL WITH MAIN BREAKER, DV/DT MOTOR FILTER AND LOCAL CONTROL OPTIONS (HOA, POT AND LIGHTS) FROM VALLEY 29 ELECTRIC, IN THE AMOUNT NOT TO EXCEED $41,124.65, (2) AUTHORIZING THE FINANCE

DEPARTMENT TO MAKE A SUPPLEMENT APPROPRIATION TO THE
WASTEWATER ENTERPRISE FUND IN THE AMOUNT OF $41,124.65; AND (3)

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS WHEREAS, in June 2025, the VFD for the aeration motor was taken offline when the aerator motor failed and all power to the VFD was removed; and
WHEREAS, during replacement of the aerator motor in late December 2025, the existing 18- pulse VFD shorted to ground due to a possible rodent-caused short; and WHEREAS, staff engaged a second electrical company to confirm the condition; that company verified the VFD was internally damaged because of the short; and WHEREAS, the existing 18-pulse drive is aging, uses obsolete components that are difficult and costly to source, and occupies a larger footprint than modern alternatives; and WHEREAS, staff evaluated the current VFD technologies and identified modern drives with smaller footprints and improved serviceability that could be installed on a new control panel sized to fit the existing location; and
WHEREAS, pursuant to the Livingston Municipal Code Section 1-21-4(B) and Cal. Public Contract Code Section 22032(b), public projects of $220,000 or less may be let to contract by informal procedures.

WHEREAS, Staff solicited quotes from qualified vendors in accordance with the City’s purchasing policies and the requirements of the Act to ensure competitive pricing and compliance with state law; and
WHEREAS, to ensure comparable bids, staff prepared a detailed scope-of-supply VFD panel specification and solicited proposals from four qualified contractors: Valley 29 Electric, LLC; TELSTAR Instruments; Fisher Electrical Integration; and Conco West Inc; and Vendor Quote
Valley 29 Electric, LLC $41,124.65
TELSTAR Instruments $49,197.00
Fisher Electrical
Integration
$51,576.48
Conco West Inc. $49,000.00
WHEREAS, after evaluating all four proposals, staff determined that the lowest responsible bidder was Valley 29 Electric, LLC, with a bid of $41,124.65 for the Panel/VFD; and

Resolution No.

WHEREAS, staff recommend approving the Valley 29 Electric. proposal for the Altivar 960 Process Drive Panel ATV960. The purchase of a Variable Frequency Drive (VFD) for the City’s wastewater treatment plant is estimated at $41,124.65.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:

1. Finds the above recitals are true and correct findings of the Livingston City Council.

2. Approves the procurement of one complete Variable Frequency Drive (VFD) panel with main breaker, DV/DT Motor Filter, and local control options (HOA, Pot, and Lights) from Valley 29 Electric, in the amount not to exceed $41,124.65.

3. Authorizes the Finance Department to make a Supplemental Appropriation in Fiscal Year 2025/2026 to the Wastewater Enterprise Fund (2101-815-4439)- Wastewater Treatment Plant O & M Account in the amount of $41,124.65.

4. Authorizes the City Manager to execute all required documents.

5. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 7th day of April 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
Of the City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
Marc Barraza Tran, City Attorney
Of the City of Livingston

VFD PANEL PROPOSAL REQUEST

SCOPE OF SUPPLY

1. Bidders will supply one (1) Altivar 960 Process Drive Panel ATV960. Panel will have the following items:
a. Main circuit breaker disconnect 100k AIC rated.
b. Selected for 460VAC 3 phase motor 250 HP
c. Sized for Normal Duty.
d. Drive rated for 302 output amps Max.
e. Type 12 Enclosure (Gray).
f. UL508A Label
g. Power circuit w: drive combination package
h. DV /Dt Motor Filter
i. Control options: Hand off Auto selector switch, speed potentiometer, pilot lights (power on,
run, trip).
j. 5%-line impedance Output Filter
k. Transient voltage suppressor type 1 SPD 40K.

If you have any questions, please contact:

Jesus Jr. Chavez Water/Wastewater Manager @209-449-
4488

PO Box 635
Valley 29 Electric, LLC Newman, CA 95360
Estimate Lic # 1067696
DIR# 1000867405
SB Cert # 2047476
Tel: 209.862.3690
Project: Proposal #
Attention: cc:

Bid Date: Expires:

Included Excluded Yes No
Permits Sales Tax Included
Fees Installed
Utility Charges Per Plans/Specs
PG&E Charges Freight Allowed
Concrete Work Prevailing Wage
Overtime
Temporary Power
Engineering
Excludes:
351
[email protected]
4/1/2026
250 hp Avltivor VFD
City of Livingston
3/2/2026
Scope of Work: This quote is for purchase and delivery of a 250hp altivar vfd as per the scope of supply provided by the city.

Install

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Clarifications:

Valley 29 Electric Terms:

Progressive, net 15 days completion, upon approval of credit. This proposal is valid for 30 days.

Additional work or changes ordered by owner or made necessary because of conditions unknown at the time estimate was made, will become an extra charge. All agreements must be made in writing. All contracts are contingent on approval of credit.

CONTRACT TERMS
VALLEY 29 ELECTRIC hereby accepts the terms of the attached contract subject to Contractor/Owner's agreement with the terms set forth in this Addendum which shall supersede any conflicting terms in any other contract document. Any of the Contractor/Owner's terms or conditions in addition or different from this standard addendum are objected to and shall have no effect. Contractor/Owner's agreement herewith shall be evidenced by Contractor/Owner's signature hereon or by permitting VALLEY 29 ELECTRIC to commence work for the project.

1. VALLEY 29 ELECTRIC shall be paid monthly progress payments on or before the 15th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site. Final payment shall be due 30 days after the work described in the Proposal is substantially completed. No provision of this agreement shall serve to void the VALLEY 29 ELECTRIC's entitlement to payment for properly performed work or suitably stored materials or to require the access to continue performance if timely payments are not made to VALLEY 29 ELECTRIC for suitably performed work or stored materials or to void VALLEY 29 ELECTRIC's right to file a lien or claim on its behalf in the event that any payment to VALLEY 29 ELECTRIC is not timely made.

2. The Contractor will withhold no more retention from VALLEY 29 ELECTRIC than being withheld by the Owner from the Owner with respect to VALLEY 29 ELECTRIC's work.

3. All sums not paid when due shall bear an interest rate of 1.5% per month or the maximum legal rate permitted by law whichever is less; and all costs of collection, including a reasonable attorney's fee, shall be Terms:

4. No back charges or claim of the Contractor/Owner for services shall be valid except by an agreement in writing by VALLEY 29 ELECTRIC before the work is executed, except in the case of VALLEY 29 ELECTRIC's failure to meet any requirement of the Subcontract Agreement. In such event, the Contractor/Owner shall notify VALLEY 29 ELECTRIC of such default, in writing, and allow VALLEY 29 ELECTRIC reasonable time to correct any deficiency before incurring any cost chargeable to VALLEY 29 ELECTRIC.

5. Contractor/Owner is to prepare all work areas to be acceptable for VALLEY 29 ELECTRIC work under the subcontract. VALLEY 29 ELECTRIC will not be called upon to start work until sufficient areas are ready to insure continued work. The Contractor/Owner shall furnish all temporary site facilities including suitable storage space, hoisting temporary electrical and water at no cost to VALLEY 29 ELECTRIC unless included in the VALLEY 29 ELECTRICs Scope of Work above.

6. VALLEY 29 ELECTRIC shall be given a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the contract.

VALLEY 29 ELECTRIC shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to:

Delays caused by the owner, general Contractor, architect and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God.

Terms:

Standard City of Livingston Payment terms.

4. No back charges or claim of the Contractor/Owner for services shall be valid except by an agreement in writing by VALLEY 29 ELECTRIC before the work is executed, except in the case of VALLEY 29 ELECTRIC's failure to meet any requirement of the Subcontract Agreement. In such event, the Contractor/Owner shall notify VALLEY 29 ELECTRIC of such default, in writing, and allow VALLEY 29 ELECTRIC reasonable time to correct any deficiency before incurring any cost chargeable to VALLEY 29 ELECTRIC.

5. Contractor/Owner is to prepare all work areas to be acceptable for VALLEY 29 ELECTRIC work under the subcontract. VALLEY 29 ELECTRIC will not be called upon to start work until sufficient areas are ready to insure continued work. The Contractor/Owner shall furnish all temporary site facilities including suitable storage space, hoisting temporary electrical and water at no cost to VALLEY 29 ELECTRIC unless included in the VALLEY 29 ELECTRICs Scope of Work above.

6. VALLEY 29 ELECTRIC shall be given a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the contract.

VALLEY 29 ELECTRIC shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to:

Delays caused by the owner, general Contractor, architect and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God.

VALLEY 29 ELECTRIC shall be entitled to equitable adjustment in the subcontract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not VALLEY 29 ELECTRIC's responsibility and to time extensions for unavoidable delays. The Contractor/Owner shall make no demand for liquidated damages for delays in excess of the amount specified in the subcontract agreement and no liquidated damages may be assessed against VALLEY 29 ELECTRIC for more than the amount paid by the Contractor/Owner for unexcused delays to the extent actually caused by VALLEY 29 ELECTRIC.

7. VALLEY 29 ELECTRIC's equipment and work are guaranteed for a period of one year from the date of substantial completion or use by the Contractor customer or owner, whichever is earlier. THIS WARRANTY IS IN

LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that VALLEY 29 ELECTRIC shall replace or repair any part of its work which is found to be defective. VALLEY 29 ELECTRIC shall not be responsible for damage or defect caused by abuse, modifications not executed by VALLEY 29 ELECTRIC, improper or insufficient maintenance, improper operation or normal wear, tear and usage.

Terms:

Terms:

8. Work called for herein is to be performed during VALLEY 29 ELECTRIC's regular working hours. All work performed outside of such hours shall be charged for at a rate or amounts agreed upon by the parties at the time overtime is authorized.

9. Contractor/Owner shall purchase and maintain all risk insurance upon full value of the entire work and/or materials delivered to the jobsite, which shall include the interest of VALLEY 29 ELECTRIC.

10. The VALLEY 29 ELECTRIC shall indemnify and hold harmless the Contractor, Owner, Architect or others from damages only to the extent such damages were caused by any negligent act or omission of the VALLEY 29 ELECTRIC or anyone for whose acts the VALLEY 29 ELECTRIC is liable.

11. VALLEY 29 ELECTRIC shall not be held liable for any impacts, delays, labor overruns, material overruns and/or cost overruns related to its Work stemming from the current flu epidemic, and/or COVID-19 (Coronavirus epidemic) as defined by the United States Centers for Disease Control and Prevention. VALLEY 29 ELECTRIC shall further be entitled to a change order for any and all time and costs associated with said epidemic(s).

12. Materials Price Increase: In the event that there are significant increases in the prices that VALLEY 29 ELECTRIC pays for materials and supplies for the work to be performed between the date the Agreement is signed and the date that materials are purchased for the work to be performed, VALLEY 29 ELECTRIC shall be entitled to additional compensation from Customer as described herein. A significant increase in price is defined herein as an increase as to any specific items of materials of five percent (5%) or more. In such a case, Customer shall pay to VALLEY 29 ELECTRIC, on request, all sums by which the cost to VALLEY 29 ELECTRIC for any such items of materials has increased beyond 5%. This would apply, but not be limited to price increases in electrical panels, transformers, conduit, conduit bodies, enclosures, wire, lumber, plywood, steel, sheet metal, fuel, manufactured products and equipment. VALLEY 29 ELECTRIC is entitled to demonstrate this price increase through the use of quotes, supplier list prices, invoices or receipts, when requested. VALLEY 29 ELECTRIC shall not be responsible for increased prices of materials when caused by delays, shortages or unavailability of

N/A
Date N/A
$ 37,815.77
$ 3,308.88
N/A
$ 41,124.65
Estimator:

Labor:

Materials:

Permits:

Addendum Noted
performed outside of such hours shall be charged for at a rate or amounts agreed upon by the parties at the time overtime is authorized.

9. Contractor/Owner shall purchase and maintain all risk insurance upon full value of the entire work and/or materials delivered to the jobsite, which shall include the interest of VALLEY 29 ELECTRIC.

10. The VALLEY 29 ELECTRIC shall indemnify and hold harmless the Contractor, Owner, Architect or others from damages only to the extent such damages were caused by any negligent act or omission of the VALLEY 29 ELECTRIC or anyone for whose acts the VALLEY 29 ELECTRIC is liable.

11. VALLEY 29 ELECTRIC shall not be held liable for any impacts, delays, labor overruns, material overruns and/or cost overruns related to its Work stemming from the current flu epidemic, and/or COVID-19 (Coronavirus epidemic) as defined by the United States Centers for Disease Control and Prevention. VALLEY 29 ELECTRIC shall further be entitled to a change order for any and all time and costs associated with said epidemic(s).

12. Materials Price Increase: In the event that there are significant increases in the prices that VALLEY 29 ELECTRIC pays for materials and supplies for the work to be performed between the date the Agreement is signed and the date that materials are purchased for the work to be performed, VALLEY 29 ELECTRIC shall be entitled to additional compensation from Customer as described herein. A significant increase in price is defined herein as an increase as to any specific items of materials of five percent (5%) or more. In such a case, Customer shall pay to VALLEY 29 ELECTRIC, on request, all sums by which the cost to VALLEY 29 ELECTRIC for any such items of materials has increased beyond 5%. This would apply, but not be limited to price increases in electrical panels, transformers, conduit, conduit bodies, enclosures, wire, lumber, plywood, steel, sheet metal, fuel, manufactured products and equipment. VALLEY 29 ELECTRIC is entitled to demonstrate this price increase through the use of quotes, supplier list prices, invoices or receipts, when requested. VALLEY 29 ELECTRIC shall not be responsible for increased prices of materials when caused by delays, shortages or unavailability of materials due to conditions not caused by VALLEY 29 ELECTRIC.

Taxes:

Equipment Fee:

Project Total:

Acceptance Date:

Customer Po #
Customer Signature:

Juan Flores
I I
I

4904-6403-2124 v1 Page 1 of 5

STAFF REPORT
AGENDA ITEM: Consideration of a Resolution of the City Council of the City of Livingston adopting an updated records management policy and records retention schedule, superseding Policy No. 2021-105 and the 2021 records retention schedule
MEETING DATE: April 07, 2026
PREPARED BY: Marc Tran, City Attorney
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:

Adopt A Resolution of the City Council of The City Of Livingston, California, Adopting An Updated Records Management Policy and Records Retention Schedule, Superseding Policy No. 2021- 105 And The 2021 Records Retention Schedule.

BACKGROUND AND DISCUSSION:

On April 20, 2021, the City Council adopted Records Management Policy No. 2021-105 and the associated Records Retention Schedule. The policy established comprehensive standards for the creation, maintenance, retention, preservation, and legal disposition of City records across all departments. The retention schedule provided specific retention periods for hundreds of record series based on California Government Code requirements, Secretary of State guidelines, and municipal best practices.

The 2021 policy and schedule served the City well for four years, providing clear guidance on records management and ensuring compliance with then-current legal requirements.

Need for Update:

Updating the 2021 Record Retention Policy and Schedule is beneficial due to significant changes in California law. Records management best practices necessitate updating the City's policy and schedule.

Compliance with Current Law. California law continues to establish and refine retention requirements for City records across multiple sectors, including employment, public records requests, law enforcement transparency, and procurement. The updated schedule reflects current statutory requirements.

In January of 2026, the Supreme Court of California found that the California Public Records Act does not impose a separate three-year record retention requirement. The City is not required to impose a three-year record retention requirement for records withheld in response to a Public Records Act Request.

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Risk Management. Maintaining current retention schedules is essential for legal compliance, protection against liability, and efficient administration. Outdated retention periods create exposure to legal claims, audit findings, and administrative penalties.

Best Practices Evolution. Records management standards have evolved significantly since 2021, particularly for electronic records management, email retention, personal device recordkeeping, social media archives, and automated decision systems.

Operational Efficiency. Clear, current retention guidance helps staff make consistent decisions about records maintenance and destruction, which reduces uncertainty. Annually reviewing the policy and schedule ensures the City remains current and responsive to operational and legal changes.

Public Transparency. Enhanced transparency and public access requirements under current law necessitate updated procedures for managing public records, meeting documentation, and official communications.

Key Areas of Policy and Schedule Updates
The updated Records Management Policy and Schedule address the following areas:

1. Enhanced Electronic Records Management
The updated policy provides detailed guidance on:
• Electronic Records stored on servers, cloud storage, mobile devices, and other electronic media
• Email retention and the requirement that public record emails be filed in appropriate project or record series files, not kept indefinitely in personal mailboxes • Personal device recordkeeping obligations and procedures for departing employees • Technical standards for imaging and electronic conversion of paper records to ensure authenticity and admissibility

2. Clarified Litigation Hold and Legal Requirement Procedures The City Clerk's role now explicitly includes conferring with the City Attorney regarding litigation holds, administrative investigations, audits, and enforcement actions that may require suspension of destruction for certain records.

3. Retention Schedule Updates
The retention schedule has been reviewed against current federal, state, and local law and updated to reflect:
• Current statutory and regulatory retention requirements across all City operations • Requirements for employment and personnel records
• Public records and public access requirements
• Law enforcement and public safety records

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• Environmental and utility operations records
• Drinking water and wastewater system operation records • Federal grant and audit requirements
• Procurement and contract records
• Municipal development and planning records
Where retention periods have been extended or clarified based on current law, the schedule reflects these changes. Departments may retain records longer than statutory minimums based on City policy and operational needs.

4. Expanded Retention Code Definitions
The updated schedule clarifies retention codes and definitions, distinguishing between:
• Legal Minimum: Retention periods required by applicable federal, state, or local law • Department Minimum: City policy retention periods, which may exceed statutory minimums
This ensures consistency across departments and clear communication to staff about retention obligations.

Implementation Timeline and Process
Effective Date: April 7, 2026 (upon Council adoption)
Immediate Actions:

1. All new records created on or after April 7, 2026, subject to updated schedule

2. Department heads notified of changes and provided updated policy/schedule

3. Records liaisons designated in each department

4. City Clerk conducts implementation training for department staff Transition for Existing Records (April 2026 - March 2026):

1. City Clerk, in consultation with department heads, identifies records subject to extended retention

2. Departments conduct inventory of records that must be retained longer under the updated schedule

3. Records identified for extended retention properly labeled and segregated

4. Destruction holds implemented for all affected record series

5. Storage capacity assessment and expansion as needed
Ongoing Compliance:
• Annual review of retention schedule by City Clerk and City Attorney • Quarterly meetings of departmental records liaisons
• Annual records management training for all staff
• Regular audits of departmental compliance

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Fiscal and Operational Impacts
Storage Costs:

Revised retention periods will impact physical and electronic storage capacity.

Staff Time:

Implementing the updated schedule and conducting annual reviews will require additional staff time, primarily in the City Clerk's office.

Risk Mitigation Value:

The costs of implementation are significantly outweighed by the benefits of legal compliance, reduced liability exposure, improved public transparency, and efficient records administration.

Non-compliance with statutory retention requirements could result in penalties, adverse litigation outcomes, and audit findings far exceeding implementation costs.

POLICY CONSIDERATIONS
Legal Compliance
Adoption of the updated policy and schedule ensures the City's full compliance with current California and federal law, including all 2026 statutory changes. Failure to update the schedule would leave the City operating under outdated retention periods, creating legal and liability risks.

Transparency and Public Trust
The updated schedule implements enhanced transparency requirements and public access requirements under the Public Records Act and law enforcement accountability laws, demonstrating the City's commitment to open government and public access to information.

Risk Management
Appropriate retention periods for employment records, contracts, litigation files, and law enforcement records provide enhanced protection against legal claims, regulatory audits, and administrative disputes. Proper records management reduces the City's exposure to adverse outcomes in litigation and administrative proceedings.

Operational Efficiency
Clear, current retention guidance helps staff make consistent decisions about records maintenance and destruction, reducing uncertainty and improving efficiency. Streamlined procedures for schedule updates ensure the City can respond promptly to changes in law or operations.

Best Practices Alignment
The updated policy and schedule align with recommendations from the League of California Cities and California Municipal Clerks Association.

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ENVIRONMENTAL REVIEW:

This action is not a "project" under the California Environmental Quality Act (CEQA) Guidelines Section 15378, as it involves administrative and fiscal activities that will not result in direct or indirect physical changes in the environment. No environmental review is required.

FISCAL IMPACT:

No fiscal impact.

OPTIONS:

The City Council can choose from the following options:

1. Adopt the attached Resolution approving the updated Records Management Policy and Records Retention Schedule.

2. Do not adopt the attached Resolution approving the updated Records Management Policy and Records Retention Schedule.

3. Provide alternative direction to staff.

ATTACHMENTS:

1. Proposed Resolution No. 2026-___ Adopting Updated Records Management Policy and Records Retention Schedule

2. Updated Records Management Policy (April 2026)

3. Redlined Records Retention Schedule Showing Proposed Changes (April 2026)

4902-5707-1484 v1
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING AN

UPDATED RECORDS MANAGEMENT POLICY AND RECORDS RETENTION SCHEDULE, SUPERSEDING POLICY NO. 2021-105 AND THE 2021 RECORDS RETENTION SCHEDULE WHEREAS, the City of Livingston adopted Records Management Policy No. 2021-105 and the associated Records Retention Schedule on April 20, 2021, establishing standards for the preservation, protection, retention, and legal disposition of City records; and WHEREAS, since the adoption of the 2021 policy and schedule, California law and records management best practices have evolved, affecting municipal records retention requirements across multiple sectors including employment, public records access, law enforcement, environmental operations, and federal grant compliance; and WHEREAS, best practices in municipal records management require periodic review and updating of retention schedules to ensure compliance with current law, manage legal and fiscal risks, protect public access to records, and ensure efficient records administration; and WHEREAS, the City Clerk, in consultation with the City Attorney and department heads, prepared an updated Records Management Policy and Records Retention Schedule incorporating current statutory requirements and best practices as of November 2025; and WHEREAS, the updated policy and schedule provide clear guidance on retention periods for all categories of City records and ensure ongoing compliance with applicable federal, state, and local legal requirements; and
WHEREAS, adoption of the updated Records Management Policy and Records Retention Schedule is necessary to ensure the City's compliance with current law, minimize legal liability, preserve essential records, and maintain public trust through transparent records management practices; and
WHEREAS, the City Council has reviewed the updated Records Management Policy and Records Retention Schedule and finds that adoption is in the best interest of the City and its residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:

Section 1. Recitals. Finds that the above recitals are true and correct findings of the Livingston City Council.

Section 2. Adoption of Updated Records Management Policy and Records Retention Schedule. Adopts the Records Management Policy and Records Retention Schedule, dated April ___ 2026, attached hereto as Exhibit A (Policy) and Exhibit B (Schedule), and incorporated herein by this reference.

Section 3. Supersession of Prior Policy and Schedule
Finds that the updated Records Management Policy and Records Retention Schedule adopted pursuant to Section 2 shall supersede and replace Policy No. 2021-105 and the 2021 Records Retention Schedule in their entirety, effective April ___, 2026. All references to the prior policy and

4902-5707-1484 v1
schedule in City administrative procedures shall be deemed to refer to the updated policy and schedule adopted herein.

Section 4. Compliance with Current Legal Requirements
Finds that the updated policy and schedule comply with all current California and federal statutory requirements for municipal records retention, management, and disposition, as administered through applicable state and federal agencies.

Section 5. Key Updates from 2021 Policy and Schedule
Acknowledges the following areas of significant change from the 2021 policy and schedule, reflecting current law and best practices:

A. Employment and Personnel Records

1. Retention requirements for employment applications, personnel files, selection criteria, performance evaluations, disciplinary records, payroll records, training records, and benefits records have been reviewed and updated to reflect current statutory requirements.

2. New category added for records related to automated decision system data (including AI and algorithmic tools) used in employment decisions, with retention requirements reflecting applicable legal standards.

3. Enhanced compliance with current anti-discrimination and employment law requirements.

B. Public Records Act Compliance

1. Retention periods for public records and public access requests reviewed and updated to reflect current legal requirements.

2. Audio and video recordings of public meetings subject to current retention requirements.

3. Social media archives from official City accounts subject to minimum retention requirements.

4. Annual review of retention schedule established as ongoing compliance procedure.

C. Law Enforcement Records Transparency and Accountability

1. Peace officer personnel files, use of force reports, citizen complaints, and internal affairs investigation files reviewed and updated to reflect current legal standards.

2. Body-worn camera footage, 911 call recordings, and related law enforcement records subject to retention periods reflecting current legal requirements.

D. General Contract and Financial Records

1. Non-construction contracts, construction contracts, disposition and development agreements, litigation files, and grant agreements reviewed and updated to reflect current legal standards and best practices.

2. Retention periods align with current statute of limitations, regulatory requirements, and Secretary of State guidance.

E. Information Technology and Electronic Records

1. System logs, network security logs, user access logs, and electronic communications subject to retention standards reflecting current legal and operational requirements.

Section 6. Implementation and Departmental Compliance
A. All City departments shall immediately implement the updated Records Management Policy and Records Retention Schedule for all new records created on or after January 01, 2026.

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B. The City Clerk, in consultation with department heads, shall develop transition procedures for existing records subject to extended retention requirements under the updated schedule, including identification, segregation, and proper storage of records that must be retained longer than previously required.

C. No records shall be destroyed if the retention period under the updated schedule is longer than under the previous schedule, until the new retention period has been satisfied.

D. Each department head is responsible for ensuring compliance with the updated policy and schedule within their department and shall designate a records liaison to coordinate with the City Clerk on records management matters.

Section 7. Annual Review Requirement
The City Clerk, in consultation with the City Attorney, shall conduct an annual review of the Records Retention Schedule by December 31 of each year to ensure ongoing compliance with changes in law and evolving legal requirements. Any recommended amendments shall be submitted to the City Manager for review and presented to the City Council for approval by February 1 of the following year.

Section 8. Legal Authority and Best Practices Foundation Finds that the updated Records Management Policy and Records Retention Schedule are based upon and incorporate:

1. Current California and federal statutes and regulations governing municipal records retention;

2. California Secretary of State Records Management guidance;

3. Best practices recommended by the League of California Cities, California Municipal Clerks Association, and Government Finance Officers Association;

4. Federal records retention requirements applicable to grant-funded programs and employment records;

5. Legal counsel review to ensure compliance with all applicable laws and minimize legal liability.

Section 9. Records Destruction Authorization
Records may be destroyed in accordance with the updated Records Retention Schedule only after:

1. The applicable retention period has been satisfied;

2. No litigation hold, audit, investigation, or public records request affecting the records is pending;

3. Proper authorization has been obtained pursuant to the procedures set forth in the Records Management Policy;

4. A Records Destruction Authorization Form has been completed and permanently retained as required by applicable law.

Section 10. Severability
If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have adopted this resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

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Section 11. Effective Date
This resolution shall take effect immediately upon adoption. The updated Records Management Policy and Records Retention Schedule shall be effective April 07, 2026.

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 7th day of April 2026, by vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________
Jose A. Moran, Mayor
ATTEST:
_______________________
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney

4908-1829-1069 v1

CITY OF LIVINGSTON - ADMINISTRATIVE POLICY AND PROCEDURES Policy No: 2021-105
Title Records Management
Policy
Issued:
(mm/dd/2021) 04/20/2021
Category Administrative Revised:
(mm/dd/yyyy) 04/07/2026
Issued by: Finance Director
Approved
by:

City Council
Section 1: PURPOSE
The purpose of this policy is to ensure that necessary records and documents are adequately protected and maintained, and that records which are no longer needed by the City or which no longer have administrative, legal, fiscal, or historical value are destroyed at the proper time. This policy also establishes the framework for adopting and updating the City's Records Retention Schedules and outlines the correct procedures for disposing of different types of records.

In developing and updating this Records Management Policy and the City's Records Retention Schedules, the City relies on: (1) the California Secretary of State's Local Government Records Retention Guidelines and related handbook materials; (2) applicable statutory and regulatory sources, including the California Government Code, California Code of Regulations, California Health and Safety Code, and California Water Code and State Water Board Orders; (3) the United States Code and the Code of Federal Regulations, including NPDES wastewater recordkeeping requirements (40 CFR Parts 122, 141, and 142); and (4) applicable grant and audit requirements, including the Single Audit Act and OMB Uniform Guidance (2 CFR Part 200).

Supersession: This Records Management Policy, as revised and adopted April ___, 2026, supersedes and replaces in its entirety the Records Management Policy adopted April 20, 2021. All references to the City's Records Management Policy shall be construed to refer to this 2026 version and any future amendments approved under it.

Section 2: APPLICATION
This policy applies to all City Officials, defined as follows:

City Officials. All elected and appointed members of the City Council, Commissions, Boards and Committees, and all City employees, whether working with paper records, electronic records stored on City systems, or records created or received on personal devices that document City business.

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Section 3: POLICY
A. General
The City maintains a Records Management Program that establishes policies and procedures for the efficient and economical creation, maintenance, retention, preservation, and destruction of Records. The program is intended to:
• Provide public access to and protect the public's right to inspect Public Records in accordance with the California Public Records Act (CPRA). • Increase efficiency in information retrieval and reduce unnecessary storage costs.
• Identify and preserve Vital Records and Records of historical or archival value.
• Ensure compliance with legal, administrative, fiscal, and operational retention requirements, including specific sector-based requirements for employment records, police transparency, environmental and utility operations, drinking water systems, wastewater systems, and federally funded programs.
• Provide for the orderly destruction of Records that have reached the end of their required retention period, while avoiding excessive "just in case" retention that increases discovery obligations, litigation burdens, and Public Records Act response costs.
• Ensure proper administration of Records and information not subject to disclosure under applicable law.
• Protect Records vital to city government in the event of a disaster or emergency.

B. Responsibilities
City Council
• Sets the overall policy framework for records management and approves this Records Management Policy.
• May receive reports regarding citywide Records Management practices and compliance as needed.

City Manager
• Implements and effectuates the City's policy for the keeping, producing, copying, protection, and overall management of all City Records.

City Attorney
• Provides legal guidance to the City Manager, City Clerk, Department Heads, and other City staff concerning records retention, destruction procedures, and disclosure obligations under the CPRA, Public Records Act, and other applicable law.

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• Reviews proposed changes to Records Retention Schedules to confirm compliance with applicable statutes, regulations, case law, and court rules.
• Advises on litigation holds, administrative investigations, subpoenas, and Public Records Act requests that may affect retention decisions.

City Clerk
As custodian of City Records, the City Clerk shall:

1. Oversee the implementation of this Records Management Policy and the Records Management Program for the City.

2. Develop and circulate instructions, procedures, and forms (including the Records Destruction Authorization Form) necessary to implement the Policy, Program, and Records Retention Schedules.

3. Advise and assist City departments in the preparation of Records inventories and departmental Records Retention Schedules; coordinate proposed schedule updates with the City Attorney.

4. Protect Records of historic nature which should not be destroyed.

5. Periodically review and recommend revisions to the Records Retention Schedules to reflect changes in applicable federal, state, or local law, best practices, technological capabilities, or City operations—for example, to incorporate updated minimums for personnel records, police transparency and accountability measures, environmental and utility compliance, drinking water and wastewater operations, grant and audit requirements, or to clarify existing retention periods that may have been under-specified or inconsistent.

6. Confer with the City Attorney regarding whether any Records subject to proposed destruction are subject to any litigation holds, administrative investigations, Public Records Act requests, audits, or enforcement actions, which may require suspension of destruction for certain Records and Non-Records.

Department Heads
• Provide effective controls over the creation, maintenance, preservation, destruction, and use of Records in the conduct of business within their departments.
• Ensure that all staff comply with the Records Retention Schedule, applicable litigation holds, and this Policy.
• Review and sign all Records Destruction Authorization Forms before they are submitted to the City Clerk.

Officers and Employees
• Protect, preserve, store, manage, and when authorized, destroy Records in accordance with this Policy, the Records Retention Schedules, litigation holds, and applicable federal and state regulations.

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• Distinguish Record material from Non-Records and Transitory Records, and file them appropriately.
• Comply with e-mail retention requirements and ensure that Public Records transmitted by e-mail or personal device are properly transferred to official City systems or project files.

C. Maintaining Records
All City officers and employees must consider the following factors in maintaining Records:

1. Is the Record listed on the City's Records Retention Schedule? Officers and employees are required to maintain the Record in accordance with the City's approved Records Retention Schedule. The retention period represents the minimum time the Record must be kept from the date specified (for example, from completion, closure, or end of fiscal year) before it may be destroyed.

2. What is the primary Office of Record? If another department is responsible for originating or maintaining the master copy of a record series, there is no need to keep duplicate long-term files across departments. However, a department may choose to keep a working copy or convenience copy for a short time. The Office of Record is responsible for preserving the official copy for the full retention period.

3. How is the Record usually maintained? Some Records are primarily stored in paper form and some are primarily stored electronically. City employees are obligated to follow the conventional storage practices for the Record type in question or as specified on the Records Retention Schedule.

Some information held by the City is considered Non-Record or Transitory Record material and does not require inclusion in the City's Records Retention Schedule or prior authorization for destruction. City Officers and employees should file Non-Record material separately from Record material.

D. Records Inventory
A critical part of any Records Management Program is the identification and periodic review of existing records. At least every three years, each department shall be responsible for:
• Reviewing all Records in its possession.
• Ensuring that Records that are no longer required to be maintained per the City's Records Retention Schedule are identified for destruction through the Records Destruction Authorization process.
• Maintaining or updating a records inventory or data map that should include the type of Record maintained, stored format (hardcopy or electronic), location, and retention/destruction dates to assist in regular destruction of inactive Records.

4908-1829-1069 v1
Important Note: Keeping Records "just in case" when the City's Records Retention Schedule indicates that a particular Record is at the end of its retention period potentially increases the City's burden and cost to produce the Record in the course of litigation, audits, and Public Records Act requests. Orderly destruction of Records at the end of their retention period is encouraged.

E. Electronic Records Retention
• All Electronic Records are subject to and shall be dispositioned in accordance with the City's Records Retention Schedule.
• Electronic Records include records stored on a hard drive, server, cloud storage, electronic mail system, mobile device, or other electronic storage medium, including spreadsheets, databases, word documents, digital images, digital audio, video, and scanned documents. • Some Records of historical or legal nature that begin as hardcopy Records shall be retained for their full retention period regardless of whether they have been imaged or converted to electronic format. This includes ordinances, resolutions, minutes of legislative bodies, and other Records as specified on the Records Retention Schedule. • Any imaging or electronic conversion of paper records must meet applicable technical and legal standards to ensure that the electronic reproduction is authentic, legible, unalterable, and admissible in proceedings.

F. Electronic Mail (E-mail)
It is the City's policy that City e-mail and e-mail systems are intended to be a medium of communication. City e-mail systems are not intended to be and may not be used as the primary storage or maintenance system for City Records. The e-mail system, to function efficiently, anticipates that employees regularly delete communications from their inbox and any additional folders.

E-mail messages, including attachments thereto, shall be retained and disposed of in accordance with the following principles:

1. Determining if an e-mail is a Public Record: It is the responsibility of individual employees and their City department head to determine if an e-mail is a Public Record which must be retained in accordance with this Policy. The City Clerk may assist in making such determinations.

An e-mail likely qualifies as a Public Record if:
i. It would likely have come to the recipient in the form of a letter or memorandum if not for the convenience of sending it via e-mail. ii. The e-mail substantially concerns City business.
iii. The e-mail is from a member of the public expressing an opinion, complaint, or suggestion regarding City business.
iv. Another person would need to know the contents of the message to perform City functions.
v. There is reason to believe that the sender or recipient, or

4908-1829-1069 v1
someone else, will need to refer to the message's contents in the future.
vi. The e-mail concerns a lawsuit, claim, or potential claim against the City.
vii. The e-mail concerns the fulfillment of a legal requirement or compliance obligation.

If any of these factors applies, the e-mail must be retained.

2. Filing Public Record E-mails: Every project file must have a correspondence folder (paper or electronic). E-mails sent or received which qualify as Public Records should be immediately filed in the project correspondence file or in the appropriate record series folder on the server or in hardcopy. The sender of an e-mail will be responsible for filing the e-mail accordingly. A person utilizing a paper folder must flag or clearly mark confidential e-mails.

E-mails that qualify as Public Records may not be saved onto individual local hard drives or personal folders; they must be filed in the appropriate shared or official record location.

3. Managing Electronic Mailboxes: Individual employees are responsible for the management of their electronic mailboxes and associated computer folders:
i. Employees shall immediately delete e-mail messages once they have been retained in the appropriate correspondence or project file.
ii. For e-mails that were sent or received prior to the adoption of this Records Policy and have not been appropriately filed, City employees have a one-year amnesty period for compliance. iii. All other work-related e-mails that do not qualify as Public Records and are not needed for current operations must be deleted upon receipt or after a short retention period.

System-Wide E-mail Retention: City employees must delete e-mails stored in their inbox, outbox, sent items folder, drafts folder, and any other computer folders on a regular basis. The City's Information Security Policy, working in conjunction with this section, may authorize the Information Technology Manager to delete all e-mail messages older than a defined period (for example 45 days) from all folders except folders created at the same level as the inbox in the folder list.

Employees must ensure that any e-mails qualifying as Public Records are moved to official project or record files before the automatic deletion period expires.

G. Electronic Communications on Personal Devices
• City employees' communications related to the conduct of public business do not cease to be public records under the California Public Records Act simply because they were sent or received using a personal account or personal electronic device (cell phone, personal

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computer, personal email account, social media, messaging application, etc.).
• Public officials and employees may be asked to search for and disclose public records found on personal devices in response to a Public Records Act request, subpoena, litigation discovery, or audit. • City officials and employees who leave public employment shall provide the City with all public records stored in their personal devices or accounts, or shall certify the adequacy of a search. The City may request an affidavit be signed by the departing official/employee to demonstrate that a reasonable search was conducted.
• Use of City Accounts: City officials and employees shall use City accounts and City-provided devices to conduct City business whenever practicable. If a City official or employee receives an electronic message regarding City business on a non-City account or device, it should be forwarded to the employee's City business account and deleted from the personal account.

H. Destruction of Public Records
There are three distinct periods in the lifecycle of a Record: the active period, the inactive period, and the final disposition period. • Active Period: The time during which a Record is used or referenced frequently in the course of business and should be readily accessible. • Inactive Period: The time when the Record's regular use declines or ends, but the Record is still required to be held per the retention schedule.
• Final Disposition Period: The end of the Record's life, at which point a final decision is made about disposition (destruction, archival preservation, or transfer).

The procedures for the destruction of Public Records are set forth in the California Government Code Sections 34090 to 34090.7 and are described in detail in this Records Management Policy, the Records Retention Schedules, and the Records Management Process documents.

The process for destruction of a Public Record does not apply to the following Records (which may not be destroyed):

1. Records affecting the title to real property or liens thereon.

2. Court records.

3. Records required to be kept by statute.

4. Records less than two years old (The City Manager may authorize the destruction of duplicates of public records that are less than two years old and are no longer required in the course of City business, provided the master record is retained).

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5. Minutes, ordinances, or resolutions of the City Council or of a City Board or Commission.

All Records that are not permanent records should be destroyed once the City has retained them for the appropriate retention period specified in the Records Retention Schedule. No Records shall be destroyed until they have met the minimum retention period and disposition has been approved following the Records Destruction Authorization process described below.

Records that are not sensitive may be placed in bags for regular recycling.

Records that are sensitive or confidential—such as those containing personal information, medical information, Social Security numbers, financial information, or information protected by privilege—should be destroyed securely (shredded or incinerated).

I. Destruction of Public Records Process
The standard procedure for authorizing the destruction of Public Records is as follows:

1. The Department Head shall complete a Records Destruction Authorization Form listing the specific Records to be destroyed, and submit it to the City Clerk.

2. The City Clerk shall review the request to confirm that:
o The Records are listed on the approved Records Retention Schedule.
o The retention period has been fully satisfied.
o No litigation hold, subpoena, audit, Public Records Act request, or other legal requirement applies to the Records.
o The Records are not subject to disposal restrictions under Government Code sections 34090–34090.7.

3. Upon approval by the City Clerk, the request shall be forwarded to the City Manager for final approval.

4. After final approval by the City Manager, the City Clerk shall notify the Department Head in writing that approval has been received and the Records may be destroyed. The notification shall include the approved destruction date or deadline.

5. The Department Head shall cause the Records to be destroyed by the approved date using appropriate secure methods (shredding, incineration, or certified destruction service for sensitive Records).

J. Destruction of Records – Alternate Procedures
If a Department Head determines that records exist which are no longer needed and are not listed on the Records Retention Schedule, the following alternate destruction procedures may be followed. Notwithstanding the standard provisions of Government Code section 34090, a Department Head having custody of public records, documents, instruments, books and papers may, without the approval of the City Council or the written consent

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of the City Manager, cause to be destroyed any or all of the records, documents, instruments, books and papers if all of the following conditions are complied with:

1. The record, paper, or document is photographed, microphotographed, reproduced electronically (including video images on magnetic surfaces, records in electronic data-processing systems, or recorded on optical disk), or reproduced on film or any other medium which does not permit additions, deletions, or changes to the original, OR is reproduced on film, optical disk, or any other medium in compliance with the minimum standards or guidelines recommended by the American National Standards Institute or the Association of Information and Image Management for recording of permanent records or non-permanent records, whichever applies.

2. The device used to reproduce the records, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original in all details and which does not permit addition, deletions, or changes to the original document images.

3. The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records, and are a true copy of archival quality.

Reproductions shall be kept in a safe and separate place for security purposes.

Provided, however, that no page of any record, paper, or document shall be destroyed if any such page cannot be reproduced on film with full legibility. Every such irreproducible page shall be permanently preserved in a manner that will afford easy reference.

For purposes of this section, every reproduction shall be deemed to be an original record, and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript or exemplification of an original record.

K. Confidential Records
The Record Retention Schedule identifies certain records as confidential.

Confidential records are exempt from disclosure under the California Public Records Act (California Government Code sections 6251–6265) and may include personnel records, medical records, trade secrets, attorney-client privileged material, and other protected information.
• Confidential records should be stored in a manner that protects their confidentiality and shall only be accessed by authorized employees. • Confidential records must be destroyed in a manner that preserves their confidentiality. They cannot be simply discarded in ordinary trash or unsecured recycling, but must be shredded or incinerated or disposed of by a licensed confidential destruction/shredding service.

L. Records Retention Schedules

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Each Department within the City shall maintain a Records Retention Schedule specific to its functions and responsibilities.

Purpose of the Schedule: The Records Retention Schedule provides a guide for the periodic and orderly destruction of records that have outlived their usefulness to the City from an administrative, legal, operational, and statutory standpoint. It also identifies records with vital, historical, or confidential status requiring special care.

Authority to Adopt and Amend: City Council approval of this Records Management Policy vests authority in the City Manager to adopt and periodically amend departmental Records Retention Schedules, with the consultation and advice of the City Clerk and City Attorney, and to dispose of records in accordance with the adopted Schedules, without further reference to City Council for each amendment.

Structure of Schedules: Each Records Retention Schedule shall be arranged in alphabetical order according to record title. The Schedule applies only to records and does not provide retention periods for nonrecords.

Retention Period Definitions:
• Legal Minimum: The number of years (or other time frame) the record is required to be retained under state law, federal law, regulation, case law, or for legal purposes. Departments may not set City retention periods shorter than the Legal Minimum. Examples include:
o Permanent: Ordinances, resolutions, and minutes of the City Council and Boards/Commissions; records affecting title to real property or liens thereon.
o 5 years: Bonds and coupons that have been previously paid or canceled; certain original records; federal and state-financed project records.
o Specific statutory or regulatory periods: Employment records (typically 3–4 years under federal law and Labor Code), police records (3–4 years for certain categories under Penal Code sections 832.5, 832.18, 832.20, 832.25), drinking water system records (3 years after completion under 40 CFR 141.91), wastewater system records (3 years after completion under 40 CFR 122.41 and State Water Board Orders), grant and audit records (3 years after final audit or grant closing under Single Audit Act and OMB Uniform Guidance 2 CFR 200.334), and
other specific sector requirements.
• Department Minimum: The number of years or other time frame as determined by City policy that the record must be retained before it can be destroyed. The Department Minimum may be equal to or longer than the Legal Minimum. Retention beyond the statutory minimum is a matter of City policy based on the continuing administrative, fiscal, operational, legal, or historical need for the record.

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Retention Codes: The codes used in the "Retention" columns are explained as follows:
• P – Permanent (indefinite retention required by law or City policy) • T – Temporary (tied to a triggering event, such as employee termination, project completion, contract expiration, or sale of asset; record may be destroyed once event occurs and any required additional holding period is satisfied)
• C – Confidential (record requires confidential storage and secure destruction)
• V – Vital (record is essential for resumption of City operations after a disaster or for reestablishing legal and financial status of the City) • H – Historical (record has research, historical, or archival value and should be preserved)
• US – Until Superseded (record is retained until a newer version supersedes it or the policy/form is updated; earlier versions may then be destroyed)
• CL – Closed/Completed plus stated number of years (e.g., CL+5 means 5 years after the project, contract, matter, or fiscal year is closed or completed)
• CU – Current plus stated number of years (e.g., CU+3 means 3 years after the end of the current fiscal year or after the record is no longer actively used)
• AC – After Completion (or After Closing, After Audit, After other specified event) plus stated number of years (e.g., AC+3, Audit+3, meaning 3 years after the specified triggering event)
• L – Life of structure, asset, program, or other defined entity plus stated number of years (e.g., L+5 means 5 years after the structure is demolished, the asset is sold, or the program ends)
Definitions
Active Record. Records that are referred to on a regular basis.

Administrative Records. Records created to help accomplish the functions for which the agency is responsible and have administrative value only as long as they assist the agency in performing current or future work.

Their administrative use is exhausted when the transactions to which they relate are complete, and from that point on they lose value rapidly.

Archives. A repository for housing historical Records (whether in paper, microfilm, or digital form) for protection and preservation.

Audit. As used in the City's retention schedules, audit refers to the annual auditing process conducted by the City's auditors following the close of the fiscal year, usually arranged through the Administrative Services

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Department, or to an audit or inspection by federal, state, or other authorized external entity.

Disposition. Refers to the allocation of Records to the selected location and storage according to their categorization on the Retention Schedule, or for destruction.

Electronic Mail. E-mails considered Records are defined by the purpose they serve and the relevance to a Record series to which they belong.

General e-mail retention is governed by the City's Information Security Policy and this Records Management Policy. See Section 3, subsection F.

Electronic Record. Refers to a Record stored on a hard drive, floppy disk, CD-Rom, server, storage tape, or other electronic storage medium. It includes, but is not limited to, e-mail, cell phone text messages, instant messages, or other electronic communications; documents drafted using word processing software; digital images; digital audio; spreadsheets; and databases. Computer programs, software, or licensed proprietary applications are not considered Electronic Records, but can generate Records that are subject to disclosure depending on the subject matter.

Fiscal Records. Fiscal records pertain to the financial transactions of the agency, such as budget documents, ledgers, allotments, payrolls, and vouchers. After some records have served a basic administrative function, they may still have sufficient fiscal value to justify additional retention to protect the agency against court action and/or audits.

Inactive Record. Any Record that is not currently used or referred to, but is required to be maintained per the Retention Schedule.

Inventory. The process of examining records on hand to determine their function, content, and dates in order to assign retention/disposition information.

Legal Value. Records with legal value contain evidence of legally enforceable rights or obligations of the agency. Examples include records that provide the basis for action, such as legal decisions and opinions; fiscal documents representing agreements, such as leases, titles, and contracts; and records of action in particular cases, such as claim papers and legal dockets.

Non-Record / Non-Public Record. Material not usually included within the definition of Records, such as unofficial copies of documents kept only for convenience or reference; working papers; appointment logs; publications; rough notes and calculations created and used in the preparation or analysis of other documents; personal correspondence; transient communications; unsolicited promotional and advertising materials; and other similar materials. Non-Records are subject to legal holds and may be produced in response to subpoenas or Public Records Act requests, even if they should have been destroyed earlier.

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Original Records. The original or originally signed record. The original record may be a copy that acts as the original for the City if there is no other original on file.

Permanent Record. Records that are required in perpetuity, usually identified by statute or other written guidance.

Perpetual Records. Records retained for an indefinite period of time and then stored or destroyed after some event takes place. Examples include office personnel files which are kept until a person leaves the office, policy files kept until the policy is changed, contract files kept until the contract terminates.

Public Record. Any writing containing information relating to the conduct of the City's business, prepared, owned, used, or retained by the City regardless of physical form, in accordance with Government Code Section 6252(e).

Record. Any handwritten, typewritten, printed, photostated, photographed, photocopied, transmitted by e-mail or facsimile, and every other means of recording upon any tangible thing (including electronic media) any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created regardless of the manner in which the record has been stored. However, documents such as rough notes, calculations, or drafts assembled or created and used in the preparation or analysis of other documents are Transitory Records or drafts and are, therefore, not Records.

Records Management. The systematic control of the creation, processing, use, protection, storage, maintenance, and destruction of Records pursuant to federal, state, and local laws and regulations.

Records Retention Schedule. The document setting forth, for each record series, the length of time a Record must be maintained before it may be destroyed, the legal minimum retention required by law, any special status (vital, confidential, historical), and the applicable citations.

Transitory Record. Records whose value is comparatively short-lived and should be discarded when the Record has fulfilled its purpose. Examples include copies of material of general information; copies of documents used solely for tickler or follow-up; preliminary work materials used for preparation of reports; appointment logs/calendars; and extra copies of Records.

Vital Record. Records which contain information essential for the resumption of operations after a disaster or the reestablishment of the legal and financial status of the organization.

Legal Minimum Retention Periods
The following represents the minimum legal retention periods required by law for various categories of records. Departments may establish City retention periods equal to or longer than these minimums:

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Record Type Legal Minimum
Ordinances, resolutions, and minutes of
City Council, Boards, and Commissions
Permanent
Records affecting title to real property or
liens thereon
Permanent
Bonds and coupons that have been
previously paid or canceled
5 years
Original records (general) 5 years
Federal and state-financed project
records
5 years
Employment and personnel records 3–4 years (federal FLSA, ADEA, Title VII; California Labor Code)
Police records – complaints, personnel
investigations
3–4 years (Penal Code §§ 832.5,
832.18–832.25)
Drinking water system operation and
monitoring records
3 years (40 CFR 141.91)
Wastewater system operation and
monitoring records
3 years (40 CFR 122.41)
Grant and federal audit records 3 years after final audit (Single Audit Act; OMB Uniform Guidance 2 CFR 200.334)
State grant records 5 years or as specified in grant
agreement
Other records as specified by applicable
statute or regulation
As prescribed by law
The above guidelines establish the minimum legal retention time required by law. However, Departments may have additional requirements for retention periods as specified in their respective Records Retention Schedules based on City policy, and may retain records beyond the minimum for administrative, fiscal, historical, or risk-management reasons.

This Records Management Policy and Schedule are effective upon adoption by the City Council on April____, 2026.

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Records Retention Schedule
Table of Contents
Citywide.............................................................................................................. 1 Attorney .............................................................................................................. 6 City Clerk.......................................................................................................... 10 City Manager.................................................................................................... 16 Development Services...................................................................................... 17 Finance............................................................................................................. 25 Fire ................................................................................................................... 32 Human Resources............................................................................................ 36 Information Technology .................................................................................... 41 Parks and Recreation....................................................................................... 43 Police................................................................................................................ 46 Public Works .................................................................................................... 53 Livingston Redevelopment Successor Agency (LRSA).................................... 58

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Contact Information
Scope/Type: Citywide Policy
Effective Date: 04/07/2026
Category: Records
Document Authority: City Clerk
Title: Records Retention Schedule
Summary: The City of Livingston Records Management Policy (“Policy”) provides for the preservation, protection, retention and legal disposition of records. It provides standards regarding the retention or disposal of City records and ensures information is available when it is needed. This Records Retention Schedule is part of the Policy, and the Policy shall be referenced for more specific information regarding the City’s record retention policies and procedures
Contact Information
For questions or concerns regarding this document contact:

Name: Monica Cisneros
Title: Deputy City Clerk
Department: City Clerk
Phone: (209) 394-5544
Email: [email protected]